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RE�UT'i U�' 1
DECISION ON THE-PETITION,OFfRICKY THOMPSON FOR A SPECIAL
PERMIT AT'12 READ STREET (R_r)
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.
M
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
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BOARD OF APPEAL
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
.�1 Ifu 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF K. RICKY THOMPSON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 READ STREET R-2
A hearing on this petition was held June 19, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Nicholas Helides and Joseph Barbeau. 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.
The petitioner is requesting a Variance from side setback to construct a 2 story addition
front for the property located at 12 Read Street located in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
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. Petitioner i S seeking relief from a side yard setback to construct a 6 x 21 two story
addition.
2. Plans were submitted showing the proposed addition.
3. There was no opposition to the petition.
I
DECISION OFTHE PETITION OF K. RICKY THOMPSON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 READ STREET R-2
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations,
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
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. Exterior finishes of the new construction shall be in harmony with the existing
structure.
VARIANCE G RANTED
June 19, 2002
Joan Boudreau CSC"
Board of Appeal
1
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
Massachusetts General Laws 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
Massachusetts General Laws Chapter 40A, Section 11 . The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 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.
Board of Appeal