6 CASTLE ROAD - BAGLIONI, PETER J - ZBA ( 6 Castle Road R-1
Peter J. Baglioni
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DECISION ON THE PETITION OF PETER BAGLIONI FOR A SPECIAL
PERMIT AT 6 CASTLE ROAD (R-1 )
A hearing on this petition was held on May 17, 1989 with the following Board
Members present: James Fleming, Chairman: Richard Bencal , Vice Chairman: John
Nutting, Secretary and Associate Member 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 seeking a Special Permit to allow an above
ground pool and deck in the R-1 zone.
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 nonconforming structures, and for changes, enlargement, extension or 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 the 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, and
after viewing the plans, makes the following findings of fact:
1 . No support or opposition was presented.
2. The placement of the pool in this location is the only practical place
on the lot.
3. The Special Permit requested will promote the safety, convenience and
welfare of the City's inhabitants.
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 relief requested 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.
DECISION ON THE PETITION OF PETER BAGLIONI FOR A SPECIAL
PERMIT AT 6 CASTLE ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief
requested, subject to the following conditions:
1 . All dimensions comply with the Salem Zoning Ordinance relative
to swimming pools.
2. Petitioner comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
3. All construction be done as per the plans submitted and by legal
building permit.
SPECIAL PERMIT GRANTED
Richard A. Bencal , Vice Chairman
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.
General Laws, Chapter 808, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein, shall not take effect until a copy of the Decision, bearing the Certi-
fication of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the narre of the owner
of record or is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL