74 VALLEY STREET - ZBA 74 Valley St. R-1
Gaetano Fusco _.
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DECISION ON THE PETITION OF GAETANO AND PHYLLIS FUSCO FOR A
SPECIAL PERMIT AT 74 VALLEY ST. (R-1 ) 94TY CLERK, SAi_;:M. MASS.
A hearing on this petition was held June 28, 1989 and continued until July 5,
1989 with the following Board Members present: James Fleming, Chairman; Messrs. ,
Bencal, Febonio, Luzinski and Nutting. 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 on this nonconforming lot which is located in an R-1 district
Said will also come closer than ten ( 10) feet to the building foundation.
Notwithstanding anything to the contrary appearing in this ordinance, the Board
of Appeal may, in accordance with the procedure and conditions set forth in Sectic
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 neighbhorhood.
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 . The most immediate abutter was opposed to the original plan submitted
by the petitioners for a 12' x 24' oval pool.
2. After continuing the hearing for one week to allow the petitioners and
the abutters to meet, a compromise was made in which the petitioner would
install an eighteen (18) foot round pool further to the back, the abutters
had no objection to this.
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 petitioners plan, as amended 7/5/89, will promote the public health,
safety, convenience and welfare of the City's inhabitants and will be in
harmony with the neighborhood.
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.
L
DECISION ON THE PETITION OF GAETANO AND PHYLLIS FUSCO FOR A
SPECIAL PERMIT AT 74 VALLEY STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted 4-1 in favor of granting the requested
Special Permit (Mr. Bencal was opposed) , subject to the following conditions:
1 . Pool be installed as per the rev`__ d plans submitted July 5, 1989•
2. All requirements of the Salem Fire Department be adhered to.
3. All construction be done with a legal building permit and in accordance
with all city and state building codes.
4. All requirements of the City of Salem Zoning Ordinance Section 7 paragraph J
relative to swimming pools, except for relief granted 7/5/89, be adhered to.
5. All dimensions be in strict accordance with the plans submitted 7/5/89•
6. A splash guard be installed and maintained in perpetuity by the petitioners
and said splash guard to be approved by the building inspector.
t
GRANTED
John R. Nutting, Secretafiry
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 Mass. Gcnorol La•.cs, Chapter so8, and shall be filed within 20 days
after the [late of win of tills decision in the office of the city Clerk.
pursuant to A1ass. G^newl I_ovis, ohaptrr sos, Section 11, the Variance
or sp0uol Permit n-,,r,t'd here' "l', 'i' 1101 tale effect until a copy of the
have
decision, be.,nnn the car:fication of the city Clerk tljat 20 days
e!I,
elapced and 110 apne1I has bean 1.1 or that, if such appeal fins been
tiled,that it has been d:smi,sed or 2enied is recorded in tile South Essex
Registry of Deeds and indexed under the name or the owner of record or
Is recorded and noted on the owner's Certificate of Title.
soARD OF APPEAL