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s- CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHusETTS 01970
KIMBERLEY DluscOLL nLE:978-745-9595 ♦ FAx:978-740-9846
MAYOR
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August 4, 2014 r;
Decision
City of Salem Board of Appeals
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Petition of LINDA RENNICKS requesting a Special Permit per Sec. 3.2.5 Smi filming Dols of the
Salem Zoning Ordinance, to allow an above ground pool to be closer than the rcquiredmNix-foot
minimum setback from the rear property line, at the property located at 32 GALLOWS HILL ROAD
(R1 Zoning District).
A public hearing on the above Petition was opened on June 18, 2014 pursuant to M.G.L Ch. 40A, � 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 Sndmming 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:
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.
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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
�Q eT-0-
Rebecca Curran, Chan
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 witbin 20
days offihng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Per zat granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed wiib the Essex South
Registry of Deeds.