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dam+ CITY CLERK. MASS.
DECISION ON THE PETITION OF PHILIP ASKEW FOR A
VARIANCE AT 44 BUENA VISTA AVENUE (R-1 )
A hearing on this petition was held June 28, 1989 with the following Board
Members present: James Fleming, Chairman, Messrs. , Bencal, Febonio, Luzinski
and Nutting. 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, owner of the property, is requesting a Variance to allow and
above ground pool, a shed and an existing deck 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 involved 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 purposes of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition.
2. The immediate abutter spoke in favor.
3. The topography of the lot makes this the most feasible location for
the pool. The shed will serve as storage for pool equipment.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner;
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.
DECISION ON THE PETITION OF PHILIP ASKEW FOR
VARIANCES AT 44 BUENA VISTA AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variances requested, allowing an above ground pool, a shed and an existing deck,
subject to the following conditions:
1 . All requirements of the Salem Fire Department relative to fire
safety be strictly adhered to.
2. Construction be done with a legal building permit and as per
existing City and State Building Codes.
3. All construction be in accordance with plans submitted and all
dimension be as per plans submitted.
4. Pool meet all requirements of Section 7 paragraph i of the Salem
Zoning Ordinance relative to pools.
GRANTED
av"
John R. Nutting, SecreAfary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
P.p^eal from this deacon. ,t any, shall be made pursuant to Section 17 ON
the Mass. General Laws. Chapter sm and shall be filed within 20 days
after the date of filing of this decision in the office of tho City Clerk.
Pursuant to FAass. ceneral Lass. Ch::cv;r 003, Sachan 11, the Variance
or £.ecial Permit grzntcd h::re n =;' a .m; take effect uctil a cony of the
uccicion, bearing the cerif.•cabcp pt the City Clerk that 20 days have
elapsed and no ap%eel has been u:cd, or that, if such appeal has been
Llad, that d has oaen dsmissed or ciemed is recorded :n the South Essex
Reg'stry of Deeds and indexed under the name or the owner of record at
is recorded and noted on the owner's certificate of Title.
BOARD OF APPEAL
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I hereby certify that the building
shown hereon is 'located on the ground
as shown and it conforms to the zoning
laws of the City of lem . S G.L _IA
Date JUL 1 5 197 g . Land SPA or ccyG
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