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Legal Notice }
CITY OF SALEM a
]3
BOARD OF APPEAL ,
745-9595 Ext.381 In
Will hold a public hearing for all b`
persons interested in the petition sub. L`
mitted by DANIEL SMITH requesting az
a Variance from side setback of 8 th
feet instead of the required 10 feet ON
to construct a side entry for property i
located at 21 BELLEVIEW AVENUE, Iia
R-1.Said hearing to be held WEDNES- Se.'
DAY,NOVEMBER 14,2001 AT 6:30
P.M., 120 WASHINGTON STREET, bo'
3rd floor,ROOM 313. Pe
Nina Cohen Wf
Chairman m
(10/31,11/7) 11
o CITY OF SALEM, MASSACHUSET'1j y OF SALEM. MA
_ BOARD OF APPEAL CLERK'S OFFICE
�
120 WASHINGTON STREET, 3RD FLOOR
1 c SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 2001 NOV I q P -2: 18
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF DAVID SMITH REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 21 BELLEVIEW AVENUE R-1
A hearing on this petition was held November 14, 2001 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, Nicholas
Helides and Joan Boudreau. 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.
The petitioner is requesting a Variance from side setback to construct a side entry for the
property located at 21 Belleview Avenue located in an R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. The owner, Daniel Smith, presented the detail of the side entry to be constructed.
2. Construction of the side entry will eliminate functional obsolescence that presently
exists in this residence.
3. There was no opposition to the proposed variance.
Y
v
DECISION OF THE PETITION OF DAVID SMITH REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 21 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 concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances 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. 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.
Variance Granted
November 19, 2001
Nicholas Helides
Board of Appeal
DECISION OF THE PETITION OF DAVID SMITH REQUESTING A VARIANCE
FOR PROPERTY LOCATED 21 BELLEVIEW AVENUE R-1
page three
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
DATE OF HEARING -
c
PETITIONER
LOCATIONl
' 1
NOTION: TO GRANT SECOND AMENDMENT SECOND
-TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRAN DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN
Stephen Harris
Joan Boudreau
Nicholas Helidgs /
RICHARD DIONNE v
ASSOCIATE MEMBERS
Bonnie Belair
CONDITIONS:
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