3 IRVING STREET - HAIGHT, DAVID - ZBA 3 Irving St,
--- David Haight R-1
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DECISION ON THE PETITION OF DAVID HAIGHT FOR A
SPECIAL PERMIT FOR 3 IRVING ST. (R-1 )
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A hearing on this petition was held April 16, 1986 with the f011opiiU Board
Members present: James Hacker, Chairman; Messrs. , fft&hfal, Charnas, Luzinski and
Strout. Notice of the hearing was sent to abutter,iTynd others and notices of the
hearing were properly published. in the Salem Evening News"in,ackc :ce with
Massachusetts. General Laws Chapter 40A.
The petitioner, owner of the property, has requested a Special Permit to-install - .-. -
an aboveground pool in this R-1 district. --
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, enlar*ment, 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 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was presented to the plan;
2. The proposed pool will not interfere with other neighbors or abutters.
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 . Petitioners plan will not be substantially detrimental
to the public good;
2. The relief requested will not substantially derogate from or
nullify the intent and purpose of the Ordinance.
DECISION ON THE PETITION OF DAVID HAIGHT FOR
A SPECIAL PERMIT FOR 3 IRVING ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
petitioner the requested Special Permit to construct an above ground pool subject
to the following conditions:
1 . The pool must not be closer than fifteen (15) feet to the
front property line on Irving St. ;
2. The dimensions of the pool must be approximately 12 feet by
18 feet;
3. A Certificate of Compliance must be obtained.
SPECIAL PERMIT GRANTED
e-a� CAS'
Richard A. Bencal, Member Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAA'S. CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PORSANT TO 16ASS. GENERAL LA'AS. CHAPTER 838, SECTION 11, THE VARIVICE OR SPECIAL PER',mff '
CR,:^:TED HERE":. SHnLL f2) TA:,E EFFECT UNTIL A COPY OF THE DECIS'ON, BEH"INC THE CERT-
' - FICATICN OF IH'- '!7Y 'LEP.;: TFiA' 20 DAYS HAVE ELAPSED ANN NO APPEAL HAS BEEN FILED.
-- UR THAT, IF SS:H AN APPEAL HAS EE`_N FILE, THAT IT HAS BEEN DiS.,ISSED OR DENIED IS
RECOROED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA„iE OF THE OVINE'
OF RECORD OR IS RECORDED AND NOTED ON THE OVINER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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