484 LORING AVENUE - ZBA 484 LORING A P
CHARLES CRAWFORD E
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Legal Ad ice
CITY OF SALEM 1.
BOARD OF APPEAL !
745.9595 EXT.381
Willhold a public hearing for all 'r
persons interested in the petition sub-
mitted by Charles & Patricia Crew- "
ford requesting a Special Permit'
from side&rear setback to install a
ipool for the property located at 484
Loring Avenue R-1. Said hearing to
be held Wednesday,April 19,2000 at
6:30 P.M., One Salem Green, 2nd'
4 ' Floor.
Nina Cohen
- Chairman
(4/5,12)
Citp of 6aiem, 01azzarbuietto
Joarb of 2ppea[
N O ern
DECISION ON THE PETITION OF CHARLES & PATRICIA CRAWFORD N
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
484 LORING AVENUE R-1 CIO
A hearing on this petition was held April 19, 2000 with the following Board Members
present: Stephen Buczko, Ronald Harrison, Richard Dionne and Stephen Harris and
Paul Valaskagis. 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 requests a Special Permit from side and rear setbacks to install a swimming
pool for the property located at 484 Loring Avenue.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 Q), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit.requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures 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.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
z
DECISION ON THE PETITION OF CHARLES & PATRICIA CRAWFORD
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 484 LORING
AVENUE R-1
page two
1. The petitioner, Patricia Crawford, represented herself at the hearing.
2. The petitioner offered that the proposed placement of the pool is dictated by the
location of a tree in their backyard.
3. The petitioner presented a signed statement of four abutters saying they have no
opposition to the petition.
4. There was no opposition to the petition.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the relief requested, subject to
the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. A Certificate of Inspection shall be obtained.
N
Special Permit Granted C sr- „
April 19, 2000
cn
Ronald Harrison -nom,
Board of Appeal U "s
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DECISION OF THE PETITION OF CHARLES & PATRICIA CRAWFORD REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
484 LORING AVENUE R-1
page three
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 MGL Chapter
in 20 da s after the date of filing of this decision in the office
40A, and shall be filed with y
Special
1 the Variance or p
' Clerk. Pursuant to MGL Chapter 40A, Section 11,of the City
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 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
' recorded and
noted on the owner's Certificate of Title.
owner of record or is
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August 19, 1999
Dear Neighbors,
We would like to install an above ground swimming pool in our back
yard. We chose a location that was the farthest point away from our
neighbors homes. This requires us to receive a variance from the city of
Salem. Enclosed is a copy of the plot plan locating were the pool would be
installed. If you have no objections could you please sign this letter.
Thank you.
Sincerely
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