12 READ STREET - ZBA (2) 12 Read Street R-2
Ricky Thompson
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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.
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