24 BELLEVIEW AVENUE - ZBA 24 BELLEVIEW.AVENUE
MARTIN h JAYNE BOTTICELLI
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CITY Of SALF M. MASS
CIFRK'S OFFICE
DECISION OF THE PETITION OF MARTIN & JAYNE BOTTICELLI REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 24 BELLEVIEW AVENUE R-1
A hearing on this petition was held August 19, 1998 with the following
Board members present: Ronald Harrison, Paul Valaskagis, Michael Ward and
Stephen Buczko. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance from side setback to construct an
addition for the property located at 24 Belleview Avenue located in a
R-1 zone.
The Variance which has been requested may be granted upon a finding of this
board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The petition was presented by Martin Botticelli.
2 . The petitioner is removing a 6 x 24' porch to construct a 14x24 2 story
addition with a gable roof. By doing this the petitioner will leave 9'
to the property line therefore needing a variance.
3 . Leonard O'Leary, Ward 4 Councillor was present to speak in favor of
the petition.
4 . There were no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general .
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
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DECISION OF THE PETITION OF MARTIN & JAYNE BOTTICELLI REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 24 BELLEVIEW AVENUE R-1
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. The petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board of Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
August 19, 1998 /Z
Paul Valaskagis, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit, granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in ctheLAouth
Essex Registry of Deeds and indexed under the name of the ownaa�f -rPecord
or is recorded and noted on the owner's Certificate of Title.Z-o
Board of Appeal o w
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Claire Chalifour
C\o Clart Realty Trust
20 Belleview Ave
Salem,Ma 01970
August 12, 1998
Dear Committee Members,
As the owner of 20 Belleview Ave I would like to offer my support to the
proposed plans that Jane and Martin Bottechelli have submitted for 24 Belleview Ave.
Their modest remodeling plans will not only meet the demands of their growing family
but.will also enhance the neighboring area and increase the value of the surrounding
properties. Once again, I have no objections to the Bottechelli's proposal. Thank you
for allowing me the opportunity to express my opinion.
Sincerely,LkAV— C .
Claire Chalifour
August 13, 1998
Ms. Nina Cohen
Chairman
City of Salem
Board of Appeal
Dear Ms. Cohen
As an abutter to 24 Belleview Ave Salem, Ma property owned by Martin& Jayne
Botticelli, we offer our support the to the proposed renovation plans. We have reviewed
the plans with the Botticelli's and feel it will both enhance and improve the neighboring
area.
Sincerely
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