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8-10 BROADWAY - ZBA (3) �_, ��«� � ___ _ _ �_ _ _,. _ r� � � l/ �_ t I 'LegalNotize i CITY OF SALEM BOARD OF APPEAL 745-9595 Ext.381 Will hold a public hearing for all persons interested in the petition sub- mitted ubmiffed by PATRICIA LEBRUN seeking a Special Permit'per Section 8-5 to allow a Pet Grooming Business in an existing non-conforming structure for ! the property located at 8.10 Broadway ST I. Said hearing will be held on }Wednesday, October 18, 2006, at 6:30 P.M.,120 Washington Street 3rd floor,Room 313. Ilr 'October4&11,2006 Nina Cohen Chairman SN—10/4,10/11/06 r � CITY OF SALEM9 MASSACHUSETTS . otao�rA BOARD OF APPEAL CITY OF SALEM,.MA • 120 WASHINGTON STREET, 3RD FLOOR CLERKS OF`FIEE`' i SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 noe FAX: 978-740-9846 KIMBERLEY DRISCOLL 100b-NOV 13 A'U: 3b" MAYOR November 9, 2006 Decision Petition of Patricia LeBrun requesting a Special Permit for the property at 8-10 Broadway City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on October 18, 2006 pursuant to Massachusetts General Law Ch. 40A, See. 11. The following Zoning Board members were present: Nina Cohen, Steven Pinto, Richard Dionne,Elizabeth Debski and Robin Stein. The petitioner, Patricia LeBrun, sought a special permit to allow a pet grooming business for the property located at 8-10 Broadway, Salem, in the Industrial (1) zoning district. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact: 1. The property at 8-10 Broadway is within the Industrial zoning district. 2. The propose business will be a pet grooming business with hours of operation primarily from 8:30 am until 5 pm,Tuesday through Saturday. 3. Ward Three City Councilor Jean Pelletier spoke in favor of the petition, and spoke on behalf of Ward Five Councilor Matthew Veno, who is also in favor of the petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as follows: 1. The petitioner's request for a Special Permit does not constitute a substantial detriment to the public good. 2. The requested Special Permit does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 3. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. c 4. 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 (Cohen, Pinto, Dionne, Debski, Stein) and none (0) opposed, to grant the request for a Special Permit, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances,codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. A Certificate of Occupancy is to be obtained. 5. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to, the Planning Board. Elizabeth Debski 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 that 20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been dismissed or denied and 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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL Cj ; ' ,- .FLET�. MA ro 120 WASHINGTON STREET, 0Ro FLocGLERK'S (OFFICE SALEM, MA 01970 TEL. (978) 745.9595 FAX (978) 740.9848 STANLEY MAYOR VICZ, JR. 2004 MAY 21 P fi 03 DECISION ON THE PETITION OF BROOKS WILLILAMS REVESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8-10 BROADWAY I A hearing on this petition was held on May 19, 2004 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne , Stephen Harris, Joseph Barbeau and Bonnie Belair. 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 requests a Special Permit to operate a Dog Day Care Business in a portion of the building for the property located at 8-10 Broadway located in an Industrial Zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affectingother lands, buildings or stuctures in the same district. , g 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. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact • `i CLERKS OFFICEa DECISION ON THE PETITION OFBROOKS WILLIAMS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8-10 BROADWAY I page two M MAY 21 P b: 03 1. Attorney George Atkins appeared and represented the petitioner. A 2. Petitioner requests a Special Permit to run a Dog Day Care Business in a portion of the building. 3. The Petitioner currently runs a business in Marblehead and submitted a letter in support from the people in Marblehead who are familiar with there existing business. 4. There was no opposition to the 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 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All requirements of the Salem Fire Department relate to smoke and fire safety shall be strictly adhered to 3. Certificate of Occupancy shall be obtained 4. Petitioner shall obtain proper street numbering from the City of Salem and shall display number so as to be visible from the street. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including but not limited to, the Health Department. DECISION OF THE PETITION OF WILLIAM BROOKS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8-10 BROADWAY I page three Stephen Harris Board of Appeal Special Permit Granted May 19 2004 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 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 den' recorded in the So of i South Essexand s owner of record or is recorded andtno ed n the owner's Certificate exed er tof Tithe tlle.e of the ti 0 r- a m N UjC/: J T O r- q, C) m 3 O D W D lisia Brothers Landscape & Masonry SuppN 10 Broadway Salem, MA 01970 (978) 745-4557 (978) 745-4550 fax October 16, 2006 To whom it may concern I Donald DiLisio and Daniel DiLisio have agreed to lease space to Patricia LeBrun for the purpose of running her dog grooming business at the location of 10 Broadway. Salem, MA �� R, PETITION OF AGREEMENT FOR THE CITY OF SALEM BOARD OF APPEAL To the neighbors of 10 Broadway Salem MA. I am Patricia A.LeB Owner/Operator of Dog's B gh y run, Op A s est g Friend"pet grooming salon.My business is currently located at 282-R Canal St.Salem,MA and has operated there for 13 years. I am applying for a Special Permit to operate a Pet Grooming Business-in a portion of the building for the property located at 10 Broadway located in an Industrial Zone. I am looking for your support so that my business may be able to expand which will enable me to provide an even more comfortable environment for my clients and their beloved pets.Thank you very much for your support. mcerely Patncra A.LeBnm Owner/Operator We the undersigned have no objections for"A Dog's Best Friend"too operate in a business capacity in � J og P P tY a portion of the building located at 10 Broadway,Salem,MA. NAME PRINTED NAME SWNE111 ADDRESS DATE 1.u�uecnet w z to WPQWAy to r� us .2 �i .,�W....................al..$Vdaygti.................it�-.11a r9 2.. . 3......�.. t .......` C . . ......... aa. 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