42 RAVENNA AVENUE - ZBA 42 Ravenna Ave. R-1
Edwin & Beatrice Devereaux
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DECISION ON THE PETITION OF FDWIN AND BEATRICE DEVEREUX FOR A
SPECIAL PERMIT FOR 42 RAVENNA AVENUE (R-1 )
A hearing on this petition was held June 14, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman; John
Nutting, Secretary; Edward Luzinski and Richard Febonio. 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
Petitioners, owners of the property, are requesting a Special Permit to allow
an above ground pool in this R-1 Zone.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D, grant Special Permits for alterations and reconstruction
of nonconforming structures, and for changes, enlargement, extension or 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.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . Two persons spoke in favor; none in opposition.
2. The proposed location for the pool will meet all setback requirements.
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 . The relief requested can be granted without creating substantial detriment
to the public good and without substantially derogating from the intent of
the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
DECISION ON THE PETITION OF EDWIN AND BEATRICE DEVEREUX FOR A
SPECIAL PERMIT AT 42 RAVENNA AVENUE, SALEM
page two
1 . Petitioner meet all requirements of the Salem City Ordinance
relative to swimming pools.
2. All dimensions be as per the plans submitted.
3. All construction be done per existing City and State Building Code
and by legal building permit.
SPECIAL PERMIT GRANTED < �
charA A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal frrm this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Caws, Chapter 908, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk.
Rmmt to Mass. General Laws, Chapter ", Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision, bearing the certi
fixation of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed Wander the nape of the aaner
of recond or is recorded and noted on the awner's Certificate of Title.
Board of Appeal