19 THOMAS CIRCLE - ZBA 19 .TROMAS CIRCLE B-2
/ GEORGE BELLOW
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DECISION OF THE PETITION OF GEORGE BELLEAU REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 19 THOMAS CIRCLE (B-2)
A hearing on this petition was held November 19, 1997 with the following
Board members present: Gary Barrett, Chairman; Nina Cohen, Albert Hill, and
Richard Dionne. Notice of the hearing was sent to abutters and others and
notice
s of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner requests a Variance from lot area, minimum lot width and use for
a single family dwelling for the property located at 19 Thomas Circle.
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 petitioner, George Belleau appeared as the contractor to represent
the owner Veto Adamo.
2. The petitioner would like to build a single family dwelling at this
location.
3. Mrs . Roberta Williams appeared and had concerns of the petition.
Her concerns was all answered and has no objection to this 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.
.1
DECISION OF THE PETITION OF GEORGE BELLEAU REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 19 THOMAS CIRCLE
page two
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.
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 and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4 . Petitioner shall obtain a building permit prior to beginning any
construction.
6. A Certificate of Occupancy is to be obtained.
6. Petitioner is to obtain approval from any City Boards or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Gra19, ted
199 7 November 19 1997
Richard Dionne, 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-.-the=South
Essex Registry of Deeds and indexed under the name of the owner-f :.riecord
or is recorded and noted on the owner's Certificate of Title. o
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November 18, 1997
Gary Barrett
Chairman
Board of Appeals
One Salem Green
Salem, MA 01970
RE: 19 Thomas Circle
Dear Mr. Barrett:
I am writing to you with regard to the application of George Belleau for a Variance from
lot area, minimum lot width and use for a single family home for property located at 19 Thomas
Circle.
Following the Board of Appeals process, the Applicant will be required to file a Waiver
from Frontage application with the Planning Board for this proposed development.
Sincerely,
Walter B. Power, III
Chairman