10 BROADWAY - ZBA �o Rtoa 1wo.�.�
— — - - _ _
LEGAL NOTICE
CITY OF SALEM I
ZONING BOARD OF
APPEALS
°978-619.5685
I Will hold a public
hearing for all persons
interested in the petdion
submitted by IM8ICIA
' LEBRUN requesting to
amend to the special
permit decision dated
November 9, 2006 to
allow day and overnight
Iboarding and to extend
;the hours of the pets
grooming business.at 8-
'10 BROADWAY(I).
Said hearing will be
held on Wednesday,
September 17, 2008 at
6:30 PM, in Room 313,
3rd floor of 120 Washing•
ton Street.
Robin Stein
Chair
SN—9/3,9110/08
CITY OF SALEM
DEPARTMENT OF PLANNING AND
WV,
KwBERLEY DRISCOLL COMMUNITY DEVELOPMENT
MAYOR
120 WASHINGTON STREET ♦ SALEM,MAS$� HUSETTS 01970
LYNN GooNIN DUNCAN,AICP TEL:978-619-5685 FAx: 978-7 -0�04 -8 A 9: 36
DIRECTOR t!t E t,
CITY CLFr `i; ct
September 22, 2008
Decision
Petition of Patricia LeBrun requesting to amend to the Special Permit
Decision dated November 9, 2006 to allow day and overnight boarding and
to extend the hours of the pet grooming business for the property at 8-10
Broadway, Salem
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on September 17,2008 pursuant to
Massachusetts General Law Ch.40A, Sec. 11.The following Zoning Board members
were present: Bonnie Belair, Richard Dionne, Annie Harris, Elizabeth Debski, Rebecca
Curran.
The petitioner, Patricia LeBrun, sought a modification of a special permit, extending
business hours to 7 am. to 7 p.m. and to allow day and overnight boarding of dogs for the
property located at 8-10 Broadway, Salem,in the Industrial(I)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 proposed modification will allow for a pet grooming business with hours
of operation from 7 a.m. until 7 p.m.,Tuesday through Saturday, and would
allow for day and overnight boarding of a limited number of dogs.
3. Ward Three City Councilor,Jean Pelletier, spoke 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 modification of a Special Permit does not
constitute a substantial detriment to the public good.
2. The requested modification 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.
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
(Debski, Harris, Dionne, Curran,Belair) and none (0)opposed, to grant the request for a
modification of a Special Permit, subject to the following terms, conditions, and
safeguards:
I. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner shall limit day boarding to a maximum of six(6) dogs for a 3 month
period. At the end of the 3 month period,the Petitioner shall appear before
this Board to provide a status report,and if appropriate at that time, the Board
may consider allowing this use to continue for additional time.
3. Petitioner shall limit overnight boarding to a maximum of Two(2) dogs for
duration of 3 months. At the end of the 3 month period,the Petitioner shall
appear before this Board to provide a status report,and if appropriate at that
time,the Board may consider allowing this use to continue for additional time.
Eliza 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.