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oeorrrAa CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
s f a SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 c�
FAX. 978-740-9846
KIMBERLEY DRISCOLL o
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MAYOR m c
July 30, 2008 �
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Decision m D
City of Salem Zoning Board of Appeals —>
Petition of SUSAN MACFARLANE seeking a Special Permiffor a'
home occupation to allow for a massage therapy business at 110 Bay
View Avenue[R-1].
A public hearing on the above Petition was held on July 16, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin
Stein, Annie Harris, Richard Dionne, Rebecca Curran, and Bonnie Belair.
Petitioner seeks a special permit pursuant to section § 5-3 of the Salem Zoning Ordinance
to allow for a home occupation at 110 Bay View Avenue.
Statements of fact:
1. Attorney Joseph Correnti presented the petition.
2. Susan MacFarlane is a licensed massage therapist who would like to dedicate one
room in her home to conduct a massage therapy business.
3. The business would have no employees and on an average day would generate
zero to four clients.
4. The petitioner has parking for three cars in her driveway. Two spaces are for her
use, one space is for her tenants use. MacFarlane can control the schedule so that
clients park in her driveway.
5. MacFarlane submitted a petition in favor of the request signed be twenty-six (26)
residents of Bay View Avenue and Cross Avenue.
6, Councilor Steven Pinto, Gifford Scott(26 Bayview Avenue), and Patricia
Michaud (a tenant at 110 Bayview Avenue) spoke in favor of the petitioner's
request at the public hearing.
7. Rosemary Dennis (140 Bayview Avenue) and Cynthia O'Connor(1 Bayview
Avenue) spoke in opposition to the petitioner's request. A letter of opposition
was submitted by Elizabeth Wolfe (95 Bayview Avenue).
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The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The home occupation meets the criteria set forth in 5-3 (b)(1) and is a use allowed
by special permit in an Residential One Family(R-1) Zoning District.
2. A special permit may be granted to allow this request without substantial
detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of the Salem Zoning Ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. To allow for the home occupation, a special permit maybe granted under the
Salem Zoning Ordinance § 5-3 Special Permit Uses.
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Harris, Dionne, Belair, and Curran) and none (0) opposed, to grant petitioner's request
for a special permit subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statues, ordinances, codes, and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. No employees shall be allowed.
4. No clients shall park on the street; clients must park in the driveway.
k/ate
Robin Stein, Chair
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 has
been filed with the Essex South Registry of Deeds. ,
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NEIGHBORHOOD PETITION
WE, THE UNDERSIGNED, NEIGHBORS OF 110 BAY VIEW AVENUE, HEREBY
SUPPORT THE PETITION OF SUSAN M. MACFARLANE FOR A MASSAGE THERAPY
PRACTICE AT HER HOME AT 110 BAY VIEW AVENUE.
WE BELIEVE THE PROPOSED HOME BUSINESS WILL NOT BE DETRIMENTAL
TO THE CHARACTER OF THE NEIGHBORHOOD AND, THEREFORE, URGE THE BOARD
OF APPEAL TO GRANT THE SPECIAL PERMIT.
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• NEIGHBORHOOD PETITION
WE, THE UNDERSIGNED, NEIGHBORS OF 110 BAY VIEW AVENUE, HEREBY
SUPPORT THE PETITION OF SUSAN M. MACFARLANE FOR A MASSAGE THERAPY
PRACTICE AT HER HOME AT 110 BAY VIEW AVENUE.
WE BELIEVE THE PROPOSED HOME BUSINESS WILL NOT BE DETRIMENTAL
TO THE CHARACTER OF THE NEIGHBORHOOD AND, THEREFORE, URGE THE BOARD
OF APPEAL TO GRANT THE SPECIAL PERMIT.
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JUL 1 0 2008
DEPT.OF PLANNNG&
COMNiN!TY DEVELOPIk ENT Elizabeth Wolfe
95 Bavvicw Av
Salem, Ma 01970
City of Salem
ZBA
120 Washington St
Salem, Ma 01970
Re:
Request by Susan MacFarlane, 110 Bayview Av,Salem,Ma 01970 seeking special permit for a
home occupation to allow for a Massage therapy business:
I OBJECT on the grounds of inadequate parking,congestion,pubic safety,and increased traffic.
Enclosed Assessor's map shows Applicant Area,
Within 150 feet of 110 Bayview Av,there are
a. 18 Residential properties,
b. 10 (55%)of which have NO PRIVATE OFF STREET PARKING,and are forced to
utilize public off street parking limited to 24 vehicles.
c. Residents of these 18 properties own an approximate total of 18 vehicles,thus taking
18/24 available spaces at any one time.
d. There are `2' on-street parking spaces,unavailable June I-September 30,and
unavailable during snow emergency.
e. Salem City Ordinance:
Sec. 51 B. Parking prohibited at certain times on certain streets.
BAY VIEW I PARKING PROHIBITED AT I from Columbus Avenue to Beach Avenue, no
AVENUE CERTAIN TIMES ON westerly and southerly side, Sundays and Hol.
CERTAIN STREETS to September 30. (5/30/75 DPW 5-1023)
e. Public off street parking is NOT PLOWED by Public(City of Salem)vehicles.
Within 300 feet of 110 Bayview Ave,there an Additional 7 Residential properties which have
NO PRIVATE OFF STREET PARKING,and thus,utilize same public off street parking area.
Ibis approximates to a minimum of 25 vehicles for 24 public off street parking spaces.
The street in front of 110 Bayview Av is 18 feet width, and there is no sidewalk.
There is a fire hydrant in front of 110 Bayview Av.
There is a public right of way Four feet width adjacent to 110 Bayview Av.
Utilizing the `driveway' at 110 Bayview Av hinders access to the street,the fire hydrant,
and the Public right of way, and endangers pedestrians.
Within 200 feet of 110 Bayview Av,there are TWO blind curves,one on approach, and one
on exit.
Sincerely:
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Elizabeth Vol e