81 BAY VIEW AVENUE - ZBA t
81 BAY VIEW AVENUE R-1 -i
9-�
V
1
-�lo
Legal Notice
Q
cir V OF SALEM
BOARD OF APPEAL 'y
7459595 EM.381
Will hold a public hearing for all `
persons interested in the petition sub- C'
mitted by ANN SHAW is seeking a
Special Permit for a Home Occupa-
tion per Section 53(b)(1)for property
located at 81 BAY VIEW AVENUE R-1.
Said hearing to be held on WEDNES- 1
DAY,November 17,20D4 at 6:30 P.M., i
120 Washington Street,3RD FLOOR, i
ROOM 313. ('
Nina Cohen f
Chairman 1
(11/4,10) r
CITY OF SALEM, MASSACHUSETTS
a BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR g C7)
SALEM, MASSACHUSETTS 01970 a
Z
STANLEY J. L1ifOY1C2, JR. TELEPHONE: 978-745-9595 RI
C
MAYOR FA%: 978-740-9846 N
.C7
D
D
DECISION OF THE PETITION OF ANN SHAW REQUESTING A SPECIAL PE
RST
FOR THE PROERTY LOCATED AT 81 BAY VIEW AVENUE R-1 0
r n
A hearing on this petition was held on November 17, 2004 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie
Belau and Edward Moriarty. 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 request a Special Permit for Home Occupation from the property located at 81
Bay View Avenue in an R-Izone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 (2) (8)which provide 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 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 for 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 structures 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.
DECISION OF THE PETITION OF ANN SHAW REQUESTING A SPECIAL PER?* ca
FOR THE PROPERTY LOCATED AT 81 BAY VIEW AVENUE R-1 c
page two <
N n
The Board of A
ppeal,after carefiil consideration of the evidence presented, and after D
viewing the plans,makes the following findings of fact. D
1. Petitioner,Ann Shaw is seeking a Special Permit, Section 5-3(b)(1)to condi@
the manufacture of baked goods for wholesale distribution in a residential kitchen.
2. There will be no commercial traffic to the above address.
3. The petitioner will deliver the products to her customers.
4. There was no opposition to this 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.
4. Special conditions exist which especially affect the subject property,but not the
district in general.
On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
I. Petitioner shall comply with all city and state statues, code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. A Certificate of Inspection is to be obtained.
4. Petitioner shall obtain approval from the Fire Prevention Office for an inspection.
r
DECISION OF THE PETITION OF ANN SHAW REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 81 BAY VIEW AVENUE R-1
Special Permit Granted /f�.
November 17,2004 /.l ca
z '<
Bonnie Belau ( Sc/k.
c x o
N
Board of Appeal
va
o
m
Pik
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING rn
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 or record or is recorded and noted on the owner's
Certificate of Title.
PETITIONER \ DATE
LOCATION — — -
MOTION : TO GRAT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL Present Grant Deny Amend Withdrew Continue
Nina Cohen
--------_______------------- --------------------------—----—-------------__—
Richard Dionne d�
_��_------------------------ -- --------- -------------------------------------------------
Bonnie Belair
---__ __ __ —__ _-------------- -----------------------------------------------
Nicholas Helides
CaCar.i" ----—-----—--------W_—---—--------—------—------------—
ASSOCIATE MEMBERS
.ioaeoh Barheau
- - -- ------_—_-----------
Edward Moriarty
CONDITIONS
d', .
✓1 ue n�U�