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�(NDI 4 CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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n 120 WASHINGTON STREET, 3RD FLOOR
r SALEM. MASSACHUSETTS 01970
TELEPHONE 978-745-9595
-MeonN FAX 978-740-9846 7008 JUL -2 A 10: 16
KIMBERLEY DRISCOLL
MAYOR FILE 4
CITY CLEFX SALEM, MASS.
July 2, 2008
Decision
City of Salem Zoning Board of Appeals
Petition of NED WILLIAMS seeking a special permit for a change in
nonconforming use to allow for the operation of a dog daycare at 247
JEFFERSON AVENUE (13-1).
A public hearing on the above Petition was held on June 18, 2008 pursuant to Massachusetts
General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein
(Chair), Elizabeth Debski, Richard Dionne, Rebecca Curran, Annie Harris and Bonnie Belair
(Alternate).
Petitioner seeks a Special Permit pursuant to section § 5-30) of the Salem Zoning Ordinance to
allow for a change in the nonconforming use of the property.
Statements of fact:
1. Ned Williams owner of Creature Comforts DBA has operated a"doggie daycare"
business at 10 Broadway for 4 years, he also has a location on Atlantic Avenue in
Marblehead. He is seeking to expand his business by opening up another location at 247
Jefferson Avenue, a property located in the Business Neighborhood District (B-1).
2. 247 Jefferson Avenue is owned by Craig D'Orio and the first floor would be leased by
Creature Comforts.
3. Residential apartments exist upstairs.
4. No structural modifications to the property are proposed.
5. The applicant envisions 8-12 small dogs being kept in the proposed location, but is
seeking a limit of 15.
6. Similarly to what is done at 10 Broadway, the applicant will have a van service pick up
the dogs from their homes in the morning and then brings the dogs to their homes again
in the afternoon. Occasionally a dog owner will pick up or drop of their dog.
7. The applicant currently operates the business at 10 Broadway between the hours of 9:00
am and 3:00 pm. The applicant proposes similar hours for the new location but asks that
the Board allow for hours of operation between 8:00 am to 5:00 pm so that pick up and
drop of activities at the different facilities can be staggered.
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8. The dogs will not be kept at the facility overnight.
9. Most activity will be inside, some will be outside.
10. The applicant plans to have two caregivers on site.
11. There was no opposition to the request for a special permit at the public hearing.
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 change in nonconforming use does not have a difference in terms of its quality,
character, and effect on the neighborhood in this Neighborhood Business District. The
change is not substantially more detrimental than the existing nonconforming use.
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 change in nonconforming use, a special permit may be granted under §
5-3 0)Extension of nonconformity in accordance with the procedures and conditions set
forth in sections 8-6 and 9-4 of the Salem Zoning Ordinance.
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, Dcbski,
Dionne, Harris, 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. Hours of operation shall be limited to 8:00 am— 5:00 pm, Monday- Friday.
4. No more than fifteen(15) dogs shall be kept at the facility at one time.
Robin Stein, Chair
Salem Zoning Board of Appeals
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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 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.
Zoning Board Proirecct,Sttatus Sheet
Project Address:
Applicant: AS /
Date of Application: fgzq DY j CA-o- r k S
Date Opened at Meeting:
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
❑ Legal Notice Sent: (,o.LX/0Z Publication Dates:
C Abutters_L isfReijuested1 Q2� `VtQ /t �
la Abutters Notice Sent:
Notice of Decision Sent:
Decision Filed: Appeal Period Over: