110 BAY VIEW AVENUE - ZBA (4) 110 BAY VIEW AVENUE
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Legal Not6
CTTY OF SALEM
BOARD OF APPEAL ,
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by SUSAN MACFARLANE
requesting a Special Permit to run a
home business for property located at
110 BAY VIEW AVENUE'R-2.Said
hearing to be held WEDNESDAY,
JULY 17, 2002 AT 6:30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
Nina Cohen
Chairman
(7/3,10) I
g ND CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
n
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
M
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N (J9 cr>
Ln 1.
Cir-
.
DECISION ON THE PETITION OF SUSAN MACFARLANE REQUESTING A SPECI T Ma
PERMIT FOR THE PROPERTY LOCATED AT 110 BAY VIEW AVENUE R-2
A hearing on this petition was held on July 17, 2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair and Joan
Boudreau. 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 is requesting a Special Permit to conduct a business from the residence for
the property located at 110 Bay View Avenue located in an R-2 Zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordancewith the procedure and conditions set forth in Sections 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 of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after reviewing the plans, makes the following findings of fact:
1. The petitioner Susan MacFarlane appeared and represented herself at the hearing.
2. Petitioner explained how she would like to run a Holistic Massage & Polarity Therapy
practice out of her home.
3. The petitioner's property is a two family residence.
4. Ms. MacFarlane has 3 parking spaces at her residence. Her tenant hasl space and
herself and her husband have 2 spaces.
5. There were two letters submitted in opposition to the petition. One from Elizabeth
Wolfe of 95 Bay View Ave. and another from Cynthia O'Connor of 100 Bay View
Ave.
DECSION OF THE PETITION OF SUSAN MACFARLANE REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 110 BAY VIEW AVENUE R-2
pagetwo
6. A petition with 11 names in support of the petition was submitted.
On the basis of the above findings of fact, and on the evidence presented, the Board of
Appeal concludes as follows:
1. The Special Permit requested cannot be granted without substantial detriment
to the public good or without nullifying and substantially derogating from the
intent of the district or the purpose of the ordinance.
2. The granting of the Special Permit requested will not be in harmony with the
Neighborhood and will not promote the public health, safety, convenience and
Welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to the motion
to grant the relief requested. Having failed to garner the four affirmative votes required
to pass, the motion to grant fails and the petition for a Special Permit is denied.
Special Permit Denied r�k c J n
July 17, 2002 C
oseph Barbeau, Member
Board of Appeal
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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 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 the City Clerk that 20 days have elapses 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 of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
I'C
June 15, 2002
City of Salem
Zoning Board of Appeals
Salem, MA 01970
Re: Susan M. MacFarlane,
Certified Holistic Massage&Polarity Therapist
110 Bay View Avenue
Salem,MA 01970
Dear Chairperson;
As neighbors of Susan M. MacFarlane, we the undersigned have no objection to her
running her Holistic Massage&Polarity Therapy practice
from her home located at 110 Bay View Avenue.
Mary C. ilson
111 Ba View Avenue
Iq6AQ
Gifford&Ann Scott
106 Bay View Avenue
Marion Manning
107;Bay View Avenue
stir-=-Wd- •��Y I�—�-a_
D(bris Nolan
104 Bay View Avenue n
Naoma Haseltine
112 Bay View Avenue
Page 1 of 2
=z
Page 2 of 2
Re: Susan M. MacFarlane
2�Q.rrl�?R &,,/,/,
Naoma Boylston
112 Bay View Avenue
Carolyn Kelly
116 Bay View Avenue
N. Malia Griffin
120 Bay ie venue
t
in Griffin
1 0 ay View Avenue
Eric Olson
1 High Avenue
32 Beach Avenue
Leo Notice
I -
CITY OF SALEM a
BOARD OF APPEAL '`
795.9505 Eat 381 `I
Will hold a public hearing1br-0
persons interested in the peOtion subs`
mittedby SUSAN MACF NE
requesting a Spedel'Yermi LANE
a
home business for pt+operTyllocated 8t
110 BAY VIEW AVENUE,R•2.Said
hearing to be held WEDNESDAY,.
JULY 17,2002.AT 8;30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR ROOM 313. . .
Nina Cohen
(7/3,10) .. ', Chairman !•
Elizabeth Wolfe
95 Bayview Av
Salem, Ma 01970
July 7, 2002
City of Salem
Board of Appeal
Nina Cohen, Chairperson
97 Washington St
Salem, Ma 01970
r-
Regarding Application for Special Permit to run a home business by
Susan MacFarlane, 110 Bayview Av, Salem Ma. 0.970.
Public Hearing scheduled for Wednesday, July 16, 2002.
I object to such permit if the use involves vehicular traffic, deliveries, parking. My
objection is based on the fact that the street is approximately 20 feet wide at said
property, that there are no legal on-street parking spaces in front of the said property, and
There are approximately only four legal on-street parking spaces the length of Bayview
Av. on approach to said property. There is also a blind bend on Bayview Av on
approach to said property.
I object to such permit if the use involves overnight guest accommodations. My objection
is based on the area zoning of Residential 1. 1 object also on the basis of very limited
parking, as stated in above paragraph.
Sincerely:
Elizabeth Wolfe 'i � '�✓
July 17, 2002
Ms.Nina Cohen
City of Salem Planning Board
Salem, MA 01970
Dear Ms. Cohen:
Since I am unable to attend the Board meeting tonight I am writing this letter to express
my opposition to the proposal by Mrs. McFarland at 110 Bay View Ave.,to open a
massage business in her home
When I first spoke with Mrs. McFarland I did not oppose the idea,but after polling my
tenants(my house being a four family)they expressed opposition mainly due to the fact
that it would present more of a parking problem then that which already exists, and that
the street being so narrow and congested a potential dangerous condition would also
exist, especially in an emergency situation. The street being so narrow if a car were to
park along side of her home another could not pass through, heaven forbid for a fire truck
or ambulance, if one was needed.
I do apologize to Mrs. McFarland for my opposition,nor do I wish to cause any ill
feelings,but as expressed by other persons, "the street should remain a residential area
and not become another commercial street in Salem". If granted this would only open the
door to others who have also express interest in opening businesses within their homes,
where clients would be coming and going. Bay View Avenue really is too narrow to
support any extra traffic than we already incur, and as everyone knows who lives here the
parking is a problem.
Sincerely,
i
C thia O'Connor
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