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16 CONNERS ROAD - ZBA , � lb �n �r �ca \\ J \ � �,� C� �'� �� � � � �� � � d � � � .. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF SALEM. MA r 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740.9846 STANLEY J. USOVICZ, JR. 1002 OCT 29 P 3: OS MAYOR DECISION ON THE PETITION OF JOSPEH PARSHLEY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 16 CONNOR ROAD R-1 A hearing on this petition was held on October 16, 2002 with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Joseph Barbeau and Joan Boudreau. 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 yard setback to install a pool for the property located at 16 Connor Road located in a R-1zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 of 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: DECISION ON THE PETITION OF JOSEPH PARSHLEY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 16 CONNOR ROAD R-1 page two 1. Petitioner is requesting a Special Permit from side setback to install a pool. q 9 P 2. The pool size is approximately 18 x 24 and does not meet the side yard setback. 3. A neighbor spoke in favor the petition. 4. There was no opposition to this 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 in favor and 0 in opposition, 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 P approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner shall comply with all pool ordinances. SPECIAL PERMIT GRANTED October 16, 2002 J213oudreau Board of Appeals W 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 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special 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 owner of record or is recorded and noted on the owner's Certificate of Title.