32 GALLOWS HILL ROAD - BUILDING INSPECTION 3aC � �< i �
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QTY OF SALEM, MASSACHUSETTS
Eat' BUILDING DEPARTMENT
120 WASHINGTON STREET,3' FLOOR
TEL. (978) 745-9595
FAX(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS STTIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
September 5, 2014
Linda Rennick
32 Gallows Hill Road
Salem Ma. 01970
re:Zoning Decision
Dear Ms. Rennick,
In your recent Z.B.A decision,one of the conditions was the shielding of the spotlight and the directing of the
light away from 28 Gallows Hill Road. We have been informed that this is not complete. Please contact this
office, upon receipt of this letter, to discuss your compliance with this issue.
Sincerely,
Thomas Pierre
Building Commissioner/Director of Inspectional Services
CITY OF SALEM MASSACHUSETTS
3( �� BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMSERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 11�
MAYOR
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August 4, 2014 c
Decision
City of Salem Board of Appeals
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Petition of LINDA RENNICKS requesting a Special Permit per Sec. 3.2.5 Swimming Pools of the
Salem Zoning Ordinance, to allow an above ground pool to be closer than the Auired®x-foot
minimum setback from the rear property line, at the property located at 32 GALLOWS HILL ROAD
(Rl Zoning District).
A public hearing on the above Petition was opened on June 18, 2014 pursuant to M.G.L Ch. 40A, g 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran
(Chair), Mr. Dionne, Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit per Section 3.2.5 Swimming Pools of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped May 8, 2014, the Petitioner requested a Special Permit to allow the
location of the side of an above-ground pool 4.7 feet from the rear property line.
2. The Salem Zoning Ordinance requires a Special Permit to be obtained from the Board of Appeals to
allow the side of a pool to be located less than six (6) feet from any rear or side property line.
3. Ms. Linda Rennicks presented the petition for the property at 32 Gallows Hills Road.
4. The petition is concerning a pool that has already been erected at the property. The pool is replacing
a previously existing pool that was in the same location, but the new pool is a larger size, so that the
side of the new pool is located closer to the rear property line.
5. The requested relief, if granted, would allow the Petitioner keep their pool in the current location,
with the side of the pool located 4.7 feet from the rear property line.
6. At the public hearing, one abutter stated that they have no complaints with the location of the pool.
A second abutter, Ms. Doris Boghosian of 28 Gallows Hill Road, stated that the petitioner has a
spotlight illuminating the pool area that shines onto Ms. Boghosian's property.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
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Findings — Special Permit to allow an above ground pool to be closer than the required six-foot
minimum setback from the rear property line:
1. The impact on the community needs served is similar to the previous condition - There was an
existing pool at this location, and there will continue to be a pool at this location.
2. There will be no impact on traffic flow and safety,parking, or loading in the area.
3. The adequacy of utilities and public services will remain the same as existing.
s
City of Salem Board of Appeals
August 4,2014
Project:32 Gallows Hill Road
Page 2 of 2
4. The impact on the neighborhood character is similar to the previous condition - There has always
been a pool at this location, and there will continue to be a pool at this location.
5. This project has no economic or fiscal impact, nor an impact on City services, tax base, and
employment.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Dionne, and Mr. Copelas in favor) and none (0) opposed, to grant the
requested Special Permit to allow an above ground pool to be closer than the required six-foot minimum
setback from the rear property line, subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. A Certificate of Inspection is to be obtained.
3. The spotlight in the rear yard shall be shielded and directed away from 28 Gallows Hill Road
k� 'g &/\' > IDLY
Rebecca Curran, Chair
Board of Appeals
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 of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the deasion bearing the certificate of the City Clerk bas been filed with the Essex South
Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET, Sao FLOOR
TEL:978-745-9595
KIMBERLEY DRISCOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
VIOLATION NOTICE
32 Gallows Hill Road
April 14, 2014
Ida Rennicks
32 Gallows Hills Road
Salem, Massachusetts 01970
As per this Department's `Violation Notice' dated September 10, 2013; your property located at 32 Gallows Hill Road
was found to be in violation for reasons of no required building permit for your pool and in addition of the City of Salem
Zoning Ordinances regarding pools.
A permit is required from the Building Department and when the permit is issued, a licensed electrician must obtain a
permit from the City Electrical Department if there is any electrical work to be done.
When filing a permit, a certified plot plan is needed and needs to be drawn at I" =30' scale or larger showing the pool,
house, fencing and gate dimensions showing distances from the property lines. For above ground pools, a mortgage plot
plan will suffice.
Failure to rectify the situation immediately shall result in further Municipal Code tickets and further
enforcement actions.
Thank you in advance for your anticipated cooperation. If you have any question please feel free to
contact this office.
Sincerely,
Michael E. Lutrzykowski
Assistant Building Inspector
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CITY OF SALEM, MASSA
<i5 CF-NSETTS
i BUILDING DEPARTMENT
120 WASHINGTON STREET, 3`u'FLOOR
TEL: 978-745-9595
KIMBERLEY DRISCOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
VIOLATION NOTICE
32 Gallows Hill Road
September 10, 2013
Ida Rennicks
32 Gallows Hills Road
Salem, Massachusetts
As discussed at this Department's recent inspection at your property located at 32 Gallows Hill Road. On Monday,
September 9, 2013 your property was found to be in violation for reasons of no required building permit and
,additionally of the City of Salem Zoning Ordinance, (see below)
Pools are allowed in only side or rear yards if located at least six feet from the side and rear lot lines and located no ,
closer than ten feet from the dwelling structure.
A permit is required from the Building Department and when the permit is issued, a licensed electrician must obtain a
permit from the City Electrical Department if there is any electrical work to be done.
When filing a permit, a certified plot plan is needed and needs to be drawn at l"= 30'scale or larger showing the pool,
house, fencing and gate dimensions showing distances from the property lines. For above ground pools, a mortgage plot
plan will suffice.
The aforementioned non-compliance is in conflict with City of Salem zoning ordinances. You are
directed by this letter to contact this office immediately upon receipt of this letter.
Failure to rectify the situation immediately shall result in Municipal Code tickets and further enforcement
actions.
Thank you in advance for your anticipated cooperation. If you have any question please feel free to
contact this office.
Sincerely,/
—
Michael E. Lutrzykowski
Assistant Building Inspector