27 BELLEAU ROAD - BUILDING JACKET A
27 BELLEAU ROAD
CITY OF SALEM, MASSACHUSII&I; F
BOARD OF APPEALCL ERFf'S OF CE A
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 2005 MAR 22 P 3� 4
STANLEY J. USOVICz, JR. l
MAYOR
DECISION OF THE PETITION OF NOREEN ROONEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
A hearing on this petition was held on March 16, 2005 with the following Board Members
present: Nina Cohen, Richard Dionne, Edward Moriarty, Nicholas Halides and Bonnie
Belair. 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 dimensional regulations for minimum depth
of rear yard to allow existing carport to extend to and across the rear lot line for the
property located at 27 Belleau Road located in an R-1 zone.
The Variances, which have been requested, may be granted upon finding y t I�
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. Attorney George Atkins representing Noreen Rooney stated the following:
a. Construction over the easement was completed by the previous owner
b. The encroachment was discovered at sale from Laura and Werner Rem to
Noreen Rooney when a mortgage plot plan was prepared.
c. There was a prior zoning board decision on 3.18.98.
d. The draft easement received unanimous City Council approval
e. The existing building crosses the lot boundary
2. Two letters of support for the petition were received from residents at 11 West
Circle and 10 West Circle.
3. There is no as build plan available at this time.
4. Denise Turcotte representing her father who resides at 13 West Circle, spoke
concerning the following:
!r
CITY CF SA; M, MA
CLERK'S A�
0` 10E
DECISION OF THE PETITION OF NOREEN ROONEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
page two 1895 MAR 22 P 3 41
a. Because the design and access, the City of Salem does not plow West Circle.
b. Because of design and access, the fire apparatus is not able to access West
Circle.
c. Any outside parking by the petition on the West Circle side of the property will
block access to 13 West Circle garage.
d. Rocks and a new shed and bushes along West Circle are limiting parking and
access.
5. Cindy Bourgault of 19 Belleau commented on speeding and parking on Belleau
by friends and family of the petitioner. She requested that the petitioner speak
with her visitors to request their reducing of vehicle speed.
6. Attorney Atkins summarized the petition as correcting an encroachment.
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.
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 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. Petitioner shall obtain approval from any City Boards or CQMmisoion having
jurisdiction but not limited to the Planning Board.
3. All requirements of the Salem Fire Department shall be strictly adhered to.
4. No parking on West Circle Extension by the petitioner or any vehicles that are I
licensed or registered or insured at the address of 27 Belleau Road
Variance Granted
March 16, 2005
Nicholas Helides CS'
Board of Appeals
.e
DECISION OF THE PETITION OF NOREEN ROONEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
nC)
.c
T
N N
10
3
�• y
co
05/20/04 09:51 FAX 978 745 9389 COHEN&COHEN Z002
� ; � allll��lsl�llllllllllll®p
MA88ACHUS$7"rS QUITCLAMN DEED 1 01 12= �Bic�8111 Pg.432
E
DEED Ps 1/2
i I, CAROL A. NEALON, Executrix of the WILL OF JANET M. SIRMOXS
acting under a power 0f sale in said will, (Essex Probate and
Family Court Docket Number 01P1272EP1)
FOR CONSIDERATION PAID AND IR' FULL CONSID$RATXCN OF TER88 HUNDRBD
AND XjNETY-F;vg THOUSAND ($395,000.00) DOLLARS,
grant to WERNER R3= and LAURA PHILLIPS-R=W, of 27 Belleau Road,
Salem, Massachusetts, as Husband and Wife, Tenants by the
Entirety, with QOITCLA7X COVENAti1`S, the premises known as 27
Belleau Road, Salem, Essex county, Massachusetts, further bounded
and described as follows:
The land in said Salem, Essex County, Massachusetts, with the
buildings thereon, situated on Belleau Road, bounded and
described as follows:
SOUTHERLY by Belleau Road, fifty-five (55) feet;
WESTERLY by land of Wolan, one hundred sixteen and 35/100
(116.35) feet;
NORTHERLY by a Right of Way, shown on Plan hereinafter
referred to, sixty and 80/100 (60.80) feet; and
EASTERLY by Lot C on said plan, ninety (90) feet.
Containing 5684 square feet.
Being shown as Lot -DI on a plan of "Land of Ernest R. Belleau,
Belleau Road, Salem, Mass. , Scale 1 in. - 40ft. , Jan. 1956, Edwin
T. Brudzynski, Surveyorn recorded with Essex South Registry of
Deeds, Book 4254, Page 442. Meaning and intending to convey and
hereby conveying the same premises conveyed to Janet M. Simmons
by Deed dated January 31, 1996 and recorded with Essex South
Registry of Deeds in Book 13387, Page 458.
i
. Prepared by and return to:
I o
Cashing i Dal", P.C. O
24 School strwat, Suits 4404
Hooton, N& DUDS-5113
d _
NWN o'�
bW 4 U
I
CITY OF SALEM MASSACHUSETTS
?� PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
gMINB SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
June 3, 2004
Werner Rehm & Laura Phillips-Rehm
27 Belleau Road
Salem, Ma. 01970
RE: Encroachment
Dear Owner:
Please be advised in 1998 a Special Permit use was granted to allow construction of a
second floor and permission to enclose an existing carport. No change to the existing
footproint of the building was shown on the plot plan submitted to both the Zoning Board
of Appeals and to the permitting set of plans. The plot plan submitted in 1998 to the
Zoning Board of Appeals and this office show the carport dimensions to be 8' x 12'.
The current plot plans shows the carport /garage to be 15' x 12'. The length has grown
by 7' The addition on the garage is 7 x 12. The encroachment on the public way is a
triangular portion measuring 4.l' x 9.2' of 18.9 square feet.
You are directed to contact this office within 10 days upon receipt of this notice to
discuss a resolution to this matter. If you have any questions, please contact me directly.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
Zoning Enforcement Officer
cc: Kate Sullivan, Mayors office
Attorney Neil Cohen
Elizabeth Rennard, Asst. City Solicitor
Attorney George Atkins
I'll-IY-l7-GC1�4 04 :88 PM
I
1
Q0`S.
\
ENCROACHMENT\
INTO R.O.W. \
\t+1
NO. 27
5,684 S.F.
55.00
BELLEAU ROAD
THE BIULDING ON THIS PLAN IS LOCATED PLOT PLAN IN SALEM, MA
ONHE GROUND AS SHOWN.
` - FOR NOREEN ROONEY
OENNIS MCMANUS. P-LS. mss
?� DENNIS qy QATE.• 5/18/04 .'10' Xa Ab, 9715529
J. m LANDMARK
4� ENGINEER/NG & SURVV7NC /NC.
583 CHESTNUT STREET
SIo�P�O LYNN, AM 01904
qNG SUR 1�� (781) 592-7016
' 1
ENCROACHMENT\ \
NTO R.O.W.
I
NO. 27
5,684 S.F.
I
55.00
BELLEAU ROAD
THE SIULDINO ON THIS PLAN IS LOCATED PLOT PLAN /N SALEM, MA
ON 'HE OROUNO AS SHOWN.
- FOR NOREEN ROONEY
DENNIS MCMANUS. P-LS. S�
OENNIS �9c a1E.• 5/14/04 scot& 1 s JO' Jm Na 97f5529
I LANDMARK
4 ENOINEERING & SURVEriNG, INC.
P� 583 CHESTNUT S7REET
q Q LYNN, AIA01904
I U 781 592-70f8
COPY CERTIFICATE OF OCCUPANCY
MOWCITY OF SALEM Issued. Permit N: �I
y! 3 99
T•
a+17� SALEM, MASSACHUSETTS 01970
City of Salem Building Dept.
T' II Y ISI 19 -r`:l PERMIT NO,
_
� DATE I-I I � /�
F (1 1 ( FII .f C' f�� '- \I' ICONTR S LICENSE)
c;n F fIMF I'MGR(Ikm Llr l\I l- —ADDRESS ANO.) (srREETI
APPLICANT _ ,. I ,,!t...
CITY M i-t .I. ..
STATE rri- ZIP CODE I I I_t
NUMBER OF
__ Ill\1�- TI ,V DWELLING UNITS
PERMIT TO (-71 I E A I T fll\' — l ND ) STORY !PROPOSED USE)
(TYPE OF IMPROVEMENT) ZONING W
DISTRICT ,
AT tLOCATION) !!i
(NO.) (STREET)
AND (CROSS STREET)
' BETWEEN (CROSS STREET) LOT
LOT 171-'J717 I7 'BLOCK SIZE----
IZE
SUBDIVISION
-' HT AND SHALL CONFORM IN CONSTRUCTION
BUILDING IS TO BE__�FT.WIDE BY
FT.LONG BV FT.IN HEIG
TO TYPE— USE GROUP_
BASEMENT WALLS OR FOUNDATION (TYPE)
FlW::
REMARKS:
CF lY. - 'n r. v i`�I f.
PERMIT@
AREA OR
! ESTIMATEDCOST$_--�I-_ /II ill _ FEE W--- —
VOLUME (CUBICISOUARE FEETI
i c.f•IL"T 1'd BUILDING DEPT.
.T .y
OWNER _
(11'1c BY
.. . .-._– -.—
.-'I ADDRESS - 7
t CU
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
9� O_
'r 120 WASHINGTON STREET, 3RD FLOOR
9BO�MINB�� SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
June 2. 2004
Noreen Rooney
27 Belleau Road
Salem, Ma. 01970
RE: Encroachment
Dear Owner:
Please be advised in 1998 a Special Permit use was granted to allow construction of a
second floor and permission to enclose an existing carport. No change to the existing
footproint of the building was shown on the plot plan submitted to both the Zoning Board
of Appeals and to the permitting set of plans. The plot plan submitted in 1998 to the
Zoning Board of Appeals and this office show the carport dimensions to be 8' x 12'.
The current plot plans shows the carport/garage to be 15' x 12'. The length has grown
by 7' The addition on the garage is 7 x 12. The encroachment on the public way is a
triangular portion measuring 4.1' x 9.2' of 18.9 square feet.
You are directed to contact this office within 10 days upon receipt of this notice to
discuss a resolution to this matter. If you have any questions, please contact me directly.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
Zoning Enforcement Officer
cc: Kate Sullivan, Mayors office
Attorney Neil Cohen
Elizabeth Rennard, Asst. City Solicitor
Attorney George Atkins
t
it
A
ENCROACHMENT\
NTO R O.W. \
NO. 27
5,684 S.F.
55.00
13ELLEAU ROAD
THE BIULDING ON THIS PUN IS LOCATED PLOT PLAN IN SALEM, MA
ON E GROUND AS SHOWN.
FOR NOREEN ROONEY
DENNIS f MCMANUS. P-I-S.
3,
DENNIS cUATE.- 5/18/U4 5COILE 1' = -V' JM NO. 9715519
J. m LANDMARK
Nu ENGINEERING & SURVEYING, INC.
583 CHESTNUT STREET
N ��PpQ LYNN, 64 0190
SUFN'' I
.._.: :co o \ a Z
._
c s
raMJ24,(1l. :, rlr' ,t..1.` • �{W4 {p_�_.f!) ;,lli- 1!:
'�r�ft4l�r'�{f;xL�r1yi�a6•° . ,�r`1,.�!'f�l1RFr' '. i.a, tF ;x r.i;lf �i`
,t !aMl,'�>� i1k Y:'�i4� li !(_`xS.Y" ';:.(t!'"•.d.�> '{' r ►�it�i4.144';!'r'�ri�yl/V'.fet
1
y,�,ti«^atat'P nq.Mllftlsxts' ).r,. •',.�1 �avt�;T:•Sl�t !+ I
'��p-n rtd 11Sr.1i6.'•'.La ..;l�.y ••tpgOl ._...... ...
'il la.Vty r.{; _i• a r.. .(/I•; t}(,1�.- h 5%4 r. }Yrf ' M+v" � �
st#.r4 .. . W - . . � '}{a'M,i^L•,, 1� F,yr:":vkJ: .4:re ❑,;
•x., ' flea"a: •.�Y i1U,.'r
l i- `(" af1lGiir'\••yt::r .
.0 .. ., _1t14 •r ;lrra„Il.rr:¢` x.[sia"n,Inl I
• i9• �hrl.' �,r1Q•. . -ii2 'tg6�tl,: �.
I .... r11 ;.4t ra. :}l,. dfinl}. , ;1 FA°a►{{'+;.iPi -/k; i'i'}kY4rE(• , • ?fU(J
:�.'dCY1( s. •11d';: Ai;T)¢S I' ":1 /`It�lf;:.•• -�.1}(l .- it r'•''Tlp�
('Jxy- ?top" T rr•
RR � i'AGViMIF' , *'JY}ti1Fwi\
Y a! " "'.° Q►lti}tdli r:"v.1:+ Sid P {'
•1
'u
DATE: a
• Citp of `, al'e i, jffiavvarbuvetto
PLANS MUST BE FILED AND APPROVED BY THE
INSPECTOR PRIOR TO A PERMIT BEWG GRANTED
Building Permit Application For Location a Building
'(Circle whichever applies) Roof,Reroof, Install Siding Construct Deck, Shed Pool
Addition, Alteration, RepaidReplaa,Foundation Only, Wrecking
Other:
PLEASE FILL OUT LEGIBLY & COMPLETELY TO AVOID DELAYS IN PROCESSING
To the Inspector of Buildings:
The undersigned hembY applies for a permit to build according to the following specifications:
Owners Name_ c eh a,-,11 /1j11/f Contractor.
Street._� /3P��>,. /T�. CityY.�z�! Street ChY
State/4 Phone ( 97,- L YS�3 yo State Phone( )
l City of Salem Licit
Street City State L c#
���HIIP tY
State Phone ( ) Homeowners Eumpt Formes ao
Structure: (Ply ckde) Single Family. Multi Family 0Olher
F,atioatad Cat of job$ YO c9()
Will building confirm to law!,, jes no
Aabeataa2_yea��so
Deacriptim of work to be done:
D wiaga ubmit I e no Mail Permit to:
z
azure of APP on,$ GNED UNDER THE PENALTY OF PERJURY
CONSTRUCTION TO B OMPLETED WITHIN SIX MONTOS OF PERMIT ISSUED DATE
y�
Department use only: Perms(# Zonipg
Permit fee$
COIRIENTS