Loading...
12 READ STREET - ZBA (2) 12 Read Street R-2 Ricky Thompson 1, �V i S� ' J9L 11 3 09 N, '83 ,.,omgib of Salem, C4Sa9sz1r4ufiPtfS FILE;F I � � n� "� J ��9 ��MID Of �C11J�tPFi1 :TYCLLRK. ...,� ,. . .:SS DECISION ON THE PETITION OF RICKY THOMPSON FOR A SPECIAL PERMIT AT 12 READ STREET (R-2) A hearing on this petition was held June 6, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Febonio, Dore and Labrecque. 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, owner of the property, is requesting a Special Permit to allow the installation of an above ground pool on this nonconforming lot which is located in an R-2 district. Pool will not encroach on setback requirements set forth in Section VII J . 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 non- conforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, expansion or enlargement 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 at the hearing, and after viewing the plans, makes the following findings of fact: 1 . There was no opposition to the petition. 2. Proper fencing will be provided as the proposal is for construction of a swimming pool. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit 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. 2. The granting of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants and will be in harmony with the neighborhood. , DECISION ON THE PETITION OF RICKY THOMPSON FOR A SPECIAL PERMIT AT 12 READ STREET, SALEM page two Therefore the Zoning Board of Appeal voted unanimously 4-0, to grant the Special Permit as requested provided the pool be installed in accordance with the plans submitted. SPECIAL PERMIT GRANTED Peter A. �� Dore, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK it any, shall be made pursuant to Section 17 c', P_n^"i LL „ Chnoter Et_, cnd shall tc fii=d within 20 days ;:�Ccr v c or .- , r':s iaosron ott.ce of the C,!y Clerk. Furs:,.r,�c t a' Lu•cs, C,,.., ter S06, Section i._, the variance pr P,peeiai t armi, tip;nrec herein nnt take effect until a copy of the .deaicen, '__.. . 'h- cart-f cation of trim cay Clerk that 20 days have Elapsed ar., rn , -_,, �:.is 7ecn f::eu, cr that, if such a;)pcaI has been filed, !ha( , `, s t can u:::r ;ced or dcmcL3 ,s rccurrind in the South Essex I Bcgistry m Dced; ..n- mdexed un;er the noma or the owner of record or js Lecord_d and naiad on the owner's Certificate of Title. BOARD OF APPEAL MORTGAGE INSPECTION BAY STATE SURVEYING SERVICE INC. 234 CABOT ST., BEVERLY, MA. LOCATION + SALEM. MASS. NOTES + .............. ............................... ++ SEPT 21 . 1987 • This is a Mortgage inspection survey an not SCALE : 1 = 42 FT. DATE +._... - --._........ DEED 8K.4 841 4 P6 .+29 an instrument survey,therefore This plot plan is for REFERENCE , --- -- ---- ------------------------------- mortgage inspection purposes only. RECORDED IN THE ES_SEX SOUTH_ _ DIST; REGISTRY OF DEEDS a This survey is based on survey marks of - others. To -• _ESSEXBANK _______ .. ................ a Bushes,shrubs, fences and tree lines do I hereby certify that I have examined the premises and that the, not necessarily indicate property lines. building(a) shown an this plan are located on the ground as The building(s) are not located in the special shown and that they conformed to the zoning setbacks of the flood hazard zone,as defined by N.U.D. - CITY OF SALEM. MASS. when constructed. r N LOT ZO LOT 22 LOT 24 ��c=5CGn 5F I ITT I Srt 4b I _ so, _ a RouERr s .IAME3 " SOTIROS '^ o. 2u 4 2 41 1R1f0 - �nr.