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484 LORING AVENUE - BUILDING INSPECTION 484 LORING AVENUE � I IIU � UPC 10330 Fy N0. 153_L HASTINGS. VN Cite of 6alem, Aazzatbuatt.5 39oarb of moped F� DECISION ON THE PETITION OF CHARLES & PATRICIA CRAWFORD N REQUESTING-A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 484-LORING AVENUEA-1� coo A hearing on this petition was held April 19, 2000 with the following Board Members present: Stephen Buczko, Ronald Harrison, Richard Dionne and Stephen Harris and Paul Valaskagis. 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 and rear setbacks to install a swimming pool for the property located at 484 Loring Avenue. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 0), 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 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. 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 CHARLES & PATRICIA CRAWFORD REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 484 LORING AVENUE R-1 page two 1. The petitioner, Patricia Crawford, represented herself at the hearing. 2. The petitioner offered that the proposed placement of the pool is dictated by the location of a tree in their backyard. 3. The petitioner presented a signed statement of four abutters saying they have no opposition to the petition. 4. There was no opposition to the 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 5-0, 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 approved by the Building Inspector. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. A Certificate of Inspection shall be obtained. 4� Special Permit Granted / / � Sc April 19, 2000 c> o;- Ronald Harrison Board of Appeal U � D 00 DECISION OF THE PETITION OF CHARLES & PATRICIA CRAWFORD REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 484 LORING AVENUE R-1 page three 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. G GS rQ v, 7 N rrl Cn A co