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16 GRANITE STREET - LOWE, LEONARD J - ZBA 16 Granite Street Leonard S. Lowe V (� V1,tt LST C wart of " e,d '828C1 -5 A9 �32 N' DECISION ON THE PETITION OF LEONARD J. L nt , REQUESTING A VARIANCE FOR 16 GRANITE STR E e —,.; :,, r; • A hearing on this Petition was held on September 29, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Piemonte, Hacker and Feeherry and Associate Member Luzinski. Notices of the hearing were sent to abutters and others and a notice of the hearing was published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a variance for the property at 19 Granite Street to allow him to install a pool at the site within 5' 6" of a foundation wall. A variance is required because the proposed location of the pool is not permitted without a variance. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1) The proposed pool will have no effect on the surrounding neighborhood. K 2) The proposed pool was unopposed by any abutters. On the basis of the above findings of fact, and `the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1) The property in question is unique because of its peculiar configuration. 2) The conditions described above especially. affect the property in question but do not generally affect the zoning district in which the property is located. 3) The conditions described above which affect the land in question, but not the zoning district generally cause a special hardship to the Petitioner because unless a variance is granted it would be impossible to construct a pool at the site. 4) The desired variance may be granted without substantial detriment to the public good by virtue of the restrictions placed on the variance. Therefore, the Board of Zoning Appeal unanimously voted in favor of granting the requested relief. The Boad grants a variance to the Petitioner on the following terms and conditions: 1) Petitioner may construct a pool at the site in accordance with the plans submitted to the Board to within 5' 6" of the foundation wall at the site. / PETITION OF LEONARD J. LOWE 1 r REQUESTING VARIANCE FOR 16 GRANITE STREET '82 OCT -5 A 38 ,' • PAGE 2 `. September 29, 1982 CITY Ci ICE 2) Petitioner shall strictly comply with the terms of the Building Permit issued by the Building Inspector. 3) Petitioner shall comply with all safety regulations in connection with construction of the pool. ,Anthony M. Feeherry, Secretary APPEAL "R01 iii"S n.r ^.:!. I "I'....!' ' •' TO S-'T;"! 17 r 7X7 ',,'.ASS. e� P. s in 1; OF RECORD OR IS RZO::IWEO AND 7OF D 0; THE Gi,i1uCS CE.-I ROFi: OF IIILL BOARD OF APPEAL A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK t