7 BELLEAU AVENUE - ZBA 7 Belleview Ave. R-1
Andre J. Morin
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Poarb of �"raf
July 13, 1987
You are hereby notified that as of July 2, 1987 the decision
of the Board of Appeal has been filed in the office of the City
Clerk to grant the petition of Andre J. Morin for Variances to
allow construction of an addition and to deny variances to con-
struct a deck around pool at 7 Belleview Ave.
BOARD OF APPEAL
Brenda M. Sunrall
Clerk
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PUP,SANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
CRANTED HEREIN, SHALL NJT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
FICATION OF IRE CIIY CLERK THAT 20 DAYS HAVE ELAPSED ANO NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISNHSSED 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
f1li# of '�$ttlPm, 'fflttssar4uOrtts JUL 1 8 23 A '87
PattrD of LA}rpettl
FILEC
DECISION ON THE PETITION OF ANDRE J. MORIN FOR VARIANCES AT CITY CLERK.Sl,LEN,.NAGS,
7 BELLEVIEW AVE. (R-1 )
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A hearing on this petition was held June 24, 1987 with the following Board Members
present: James Hacker, Chairman; Richard A. Bencal, Secretary; Messrs. , Fleming,
Luzinski and Strout. 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 yard setback to allow construction
of a two story addition, also, a variance to allow a deck around an above ground
pool in this R-1 zone.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involve and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
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 or the purpose of the Ordinance.
i
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . Opposition to the deck was raised by the nearest abutters;
2. No opposition was voiced to the addition;
3. The two story addition is necessary for family considerations;
4. While a hardship was presented for the addition, none was
present, nor exists, for the pool deck.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the property involved
but not the district generally;
2. Literal enforcement of the Ordinance would involve substantial
hardship to the petitioner;
y
3. The relief requested 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.
I
DECISION ON THE PETITION OF ANDRE J. MORIN FOR VARIANCES
AT 7 BELLEVIEW AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested for the two story addition, subject to the following conditions:
1 . A legal building permit be obtained;
2. All construction to be done as per existing City and State Code;
3. All requirements of the Salem Fire Department in its letter to
the Board be adhered to;
4. All outside building addition coverings are to be comparable
with the existing building;
5. Addition to be used for family use only;
6. A Certificate of Occupancy for the addition be obtained.
The Board of Appeal also voted unanimously, 5-0, against the granting of a Variance
to allow a deck as the petitioner failed to prove hardship
VARIANCE FOR ADDITION - GRANTED
VARIANCE FOR DECK - DENIED
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A chard A. r3—encal�retary
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 MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. CE':E?mil l4':I;. CHA77 R EC8 SFC11Cfi 11. THE VAR:A^CF OR SPD IAI PECCIT
GRANTED HERE3C. SHALL N3 'IArE EFrLCi bi:T!L A COP' OF THE :SST"
FIXATION OF 1HE CG' CLEF,, T!IA! 20 OA;' H4',` ;:4.2:D "L<., N_ A'r FLAL H.'.:
CR 1HAT, IF SUCH A14 APPEAL HAS B`_Cil FILE 1nAT IT !f TS EE Ei. O:-- ,SS=D On IS
RECORDED IN THE SCUTH ESSEX; RE'.:ISTR'! OF DEEDS AND INDEXED OLDER THE NA'LE OF THE OI;IIIG
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL