110 BAY VIEW AVENUE - ZBA 1 10 d a� V i �u.S R V-�
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ZONING BOARD OF APPEAL
PETITION FORM
....Cow CITY OF SALEM,MASSACHUSETTS
ZONING BOARD OF APPEAL
120 WASHINGTON STEET,3RD FLOOR
SALEM,MASSACHUSETTS 01970 m
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Amy Lash,Staff Planner Thomas St.Pierre,Building Inspector m t—
'• t.978-619-5685/f.978-740-0404 c 978-619-5641/f. 978-740-9846 ar a
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TO THE BOARD OF APPEAL: m j>
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The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: ;D
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Address: 110 Bay View Avenue Zoning District: R-1 t
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. Example.
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.
See Schedule A attached hereto.
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq ft?stories?%?).
(x)A Special Permit under Section 5-3(b) of the Zoning Ordinance in order to allow a home
occupation at 110 Bay View Avenue
( )Appeal of the Decision of the Building Inspector(described below):
The Current Use of the Property Is: Are the lot dimensions included on the plan?
(example: Two Family Home) Two Family Home ( )Yes ( )No n/a because
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
ZONING BOARD OF APPEAL
PETITION FORM
The following written statement has been submitted with this application:
( )For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
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.
( )For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V,
§5-3. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character; and
f) Potential fiscal impact,including impact on City tax base and employment.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different than petitioner
Petitioner: Susan M. MacFarlane Property Owner:
Address: 110 Ba View Avenue Address:
Sa em, MA 01970
Telephone:( 508) 826-8783 Telephone:
Signature Signature(Attached consent letter is also acceptable)
June 25, 2008
Date Date
If different than petitioner:
A TRUEJoseph C. Correnti, Esquire
ATTEST
Representative: SerafimSerac z i, Darling & Correnti,
Address: 63 Federal .Street LLP
Salem, MA 01970
Tel hone: F Lj9M74 —D.Ik2
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June 25, 2008
Date
DATE SUBMITTED TO
BOARD OF APPEALS:
CITY CLERK
This original application must be filed with the City Clerk.
SCHEDULE A
Pursuant to Section 5-3(b) of the Salem Zoning Ordinance, the Petitioner seeks a
Special Permit to allow a home occupation within her residence at 110 Bay View
Avenue.
The Petitioner is a licensed massage therapist who works part-time at a local day
spa. She would now like to see a couple of clients a day at her home. The
massage area will be comprised of one room with one table, which is less than
25% of the gross floor area of her home, and the business will have no
employees other than the Petitioner.
No exterior signage is proposed and, in an average day, zero to four clients may
be seen. An off-street parking space will be provided for clients, and the
appointments will be spaced so that not more than one client vehicle would be
present at any given time.
The granting of this Special Permit will allow the Petitioner to participate in a
health insurance plan for the self-employed to cover both herself and her
husband. It is our belief that there will be minimal, if no impact on the
neighborhood as a client appointment would be comparable to a friend stopping
by for a quiet visit.
Wherefore, we respectfully request the Board to grant this Special Permit.
f� CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
w 120 WASHINGTON STREET, 3RD FLOOR
JFK SALEM, MA 01970
TEL. (978) 745-9595
MINB FAX (978) 740-9846
STANLEY J. USOYICZ, JR. n--
MAYOR
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DECISION ON THE PETITION OF SUSAN MACFARLANE REQUESTING A SPECI T m—
PERMIT FOR THE PROPERTY LOCATED AT 110 BAY VIEW AVENUE R-2 u1
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 Q), 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 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 k J�
July 17, 2002 Cr
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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
JUL 1 0 2008
OLH, OF PLANNNG 8
�;OMRINn!mi r."1Ei 71A'NT Elizabeth Wolfe
95 Bavview 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 rohibited at certain times on certain streets.
BAY VIEW PARKING PROHIBITED AT 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.
This 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:
la��' LVU, j
Elizabeth Wolfe
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v�A�o�orr��o CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
1 20 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE 978-745-9595
ItiE a�' FAX. 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
City of Salem
Zoning Board of Appeals
978-619-5685
Will hold a public hearing for all persons interested in the petition submitted by SUSAN
MACFARLANE seeking a Special Permit for a home occupation to allow for a massage therapy
business at 110 Bay View Avenue (R-1).
Said hearing will be held on WEDNESDAY, July 16, 2008 at 6:30 p.m. 3`d floor conference
room 120 WASHINGTON STREET, ROOM 313.
Robin Stein
Chair