180 LORING AVENUE - ZBA 180 LORING AVENUE
\ WILLIAM WHITE
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LegAl Nodiee
CrrY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearingfor all
persons interested in the petition sub-
mitted by William White requesting
a Special Permit authorizing the
change from one non-conforming
use to another as proposed for the
property located at 180 Loring
Avenue, R-1.Said hearing to be held
Wednesday, November 17, 1999 at
6:30 p.m., One Salem Green, 2nd
Floor.
Nina Cohen
(11/3,10) Chairperson
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DECISION ON THE PETITION OF WILLIAM WHITE REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 180 LORING AVENUE R-1 p
A hearing on this petition was held on December 15, 1999 with the following Board q?
Members present: Nina Cohen, Chairman, Richard Dionne, Ronald Harrison, Stephea., >
Buczko and Michael Ward. Notice of the hearing was sent to abutters and others and--
notices
nd=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 allow a new nonconforming use (Dentist
Office) for the property located at 180 Loring Avenue located in a R-1 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. Petitioner, represented by Joseph C. Correnti, Esq., has entered an agreement to
purchase the house and grounds at 180 Loring Avenue that were used as a medical
office by the Fallon Medical practice until earlier this year.
2. Prior to the Fallon use, the owner of the premises was granted by Special Permit
from this Board the use of the property as a medical office limited to no more than 2
Doctors and 3 other employees (nurse, secretary and medical assistant). Tow
special permits were granted subject to conditions limiting the office hours of the
practice to 10:00 a.m. to 5:30 p.m., no more than four days per week.
3. Other conditions of the earlier decision, filed on Oct. 23, 1979 and December 15,
L
DECSION OF THE PETITION OF WILLIAM WHITE REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 180 LORING AVENUE R-1
page two
1986, governed the signage, maintenance and parking areas at the site. See prior
decisions of this Board re: 180 Loring Avenue.
4. Dr. William White stated that he wished to move his dental cosmetic surgery practice
to this location, where he will practice with two other dentists, including his father,
who is also a dentist. This practice will have office hours six days a week, as follows:
8 a.m. to 8 p.m. on Tues, Wed., and Thursdays, 8 a.m. to 5 p.m. on Monday and
Friday, and 8 a.m. to 1 p.m. on Saturdays. In addition to the 3 doctors, there will be
6 other staff, most of whom will work part-time hours at different times during the
practice's regular office hours.
5. Dr. White stated that the staff will park their cars in the two car garage and along the
driveway, which can accommodated 6 cars parked one behind the other(Dr White
said the staff will move cars around as needed). Patient parking will be in the lot on
Loring Avenue side, which can accommodate two cars, and offsite, and along Loring
Avenue.
6. The proposed plan was supported by three neighbors: Dale and Julie Beaver, of
176 Loring Avenue, and George McGuire of 4 Moffatt Road. Joseph O'Keefe,
Councillor-Elect of Ward 7, requested that the Board not set aside parking along
Loring Avenue for the exclusive use of the dental practice, and that such be made a
condition of any permit granted.
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 3 in favor and 2 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
December 15,1999 / CSCh)
Nina Cohen, Chairman
Board of Appeal
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DECISION OF THE PETITION OF WILLIAM WHITE REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 180 LORING AVENUE R-1
page three
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
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DECISION ON THE PETITION OF DR. JOHN A. FALLON FOR MODIFXCAION
OF A SPECIAL PERMIT AT 180 LORING AVENUE
A hearing on this petition was held November 12, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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.
The petitioner, represented by Attorney George P. Vallis, is requesting the
Board of Appeal to modify the terms and ocnditions of a Special Permit granted
october 17, 1979, which allowed the use of the property at 180 Loring Ave. as a
medical office. The petitioner specifically seeks permission only to modify the
said existing Special PErmit by adding one (1 ) doctor and one (1 ) medical assistant.
All other terms and conditions of the said existing Special Permit are to remain
unchanged. The property is located in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D, 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
public hearing, makes the following findings of fact:
1 . Support for the modification cf the existing Special Permit in
the form of a petition signed by neighbors, abutters and others
was presented;
2. The proposed modification is necessary to service the large
practice of the petitioner.
On the basis of the above findings of fact, and on the evidence presented at
the public hearing, the Board of Appeal concludes as follows:
- 1 . The proposed addition of one (1 ) doctor and one (1 ) medical
assistant will not be substantially detrimental to the neighborhood;
2. The proposed addition of one (i ) doctor and one (1 ) medical assistant
will promote the convenience and welfare, and public health of the
City's inhabitants.
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DECISION ON THE PETITION OF DA. JOHN A. FALCON FOR PiOD,IFTCATION
OF A SPECIAL PERMIT AT 180 LORING AVE. , SALEM,
Tnerefore, the Zoning Board of Appeal voted 4-1 , (Mr. Hacker voted opposed) to
grant the modification of the Special Permit of October 17 , 1979, allowing for
the addition of one (1 ) doctor and one (1 ) additional medical assistant subject
to the following conditions:
1 . All other terms and conditions of the original Special Permit
remain unchanged.
MODIFICATION OF SPECIAL PERMIT GRANTED
O ames M. Fleming, Esq. 0
Member, Board of Appeal
A COPY OF THIS DECbSION HAS BEEN FILED WITH THE PLANNINUESBARD AND THE CITY CLERK
APPS,L FRO:.' THIS D:.CIS!ON, it A?Y, SHALL 6E L:.4DE PL'RSUA9i TO SECT:D:', 17 GF -HE
E= F7�EC 19tH;" 20 DAYS AFTER THE CATE OF f!: -
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_ OF RECORD OR t5 RECORDED btiu t:DTEC ON THE Ot11NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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t OCTOBER 17, 1979
DECISION ON THE PETITION OF MR. AND MRS. MAURICE BENNETT FOR A SPECIAL PERMIT
FOR 180 LORING AVENUE
A hearing on this Petition was held on October 17, 1979 with the following
Board Members present: Anthony M. Feeherry, Acting Chairman, Douglas Hopper,
John Nutting, Associate Members John Piemonte and Edward Luzinski. Notices of
the hearing were sent to abutters and others and a notice of the hearing was
published in the Salem Evening News on October 3, 1979 and October 10, 1979 in
accordance with Massachusetts General Laws, Chapter 40A.
The Petition of Mr. and Mrs. Bennett requests a Special Permit to use the
property at 180 Loring Avenue as a Medical Office for one physician, a secretarial
person and a nurse, none of whom shall reside on the premises. The property is
within an R-1 District; however it has for many years been used as a Music Studio .
for the teaching of Piano.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V, P.10 which provides as follows:
Notwithstanding anything to the contrary appearing in the Ordinance,
the Board of Appeals may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, 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, nor shall this paragraph apply to billboards,
signs, or other advertising devices.
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, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1. The property in question is in an attractive residential neighborhood.
2. The property has, for approximately 17 years been used as a music
studio for the teaching of piano by Mrs. Bennett.
• 3. At present Mrs. Bennett has approximately 50 students whom she teaches .
weekly at the property. Previously, she had substantially more students.
4. The proposed use of the property was strongly supported by many in the
vicinity of the property. Opponents to the proposed use of the property
cited increased traffic as their principal concern about the proposed use.
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DECISION - MR. AND MRS, MAURICE BENNETT - 180 LORING AVENUE PAGE TWO
On the basis of these findings of fact and on the evidence presented at
the public hearing, the Board of Appeals finds (i) that the proposed use of
the property will not be substantially more detrimental than the existing use
to the neighborhood, (ii) that the proposed use of the property will promote
the public health, safety, convenience, and welfare of the City's inhabitants,
and (iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance. Accordingly, the Board approves the granting of a Special
Permit to the Petitioners. Acting (hairman Feeherry and Messrs. Hopper,
Nutting, Piemonte and Luzinski voted in favor of the Special Permit.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
(1) The Special Permit is granted to use the property at 180 Loring
Avenue as a Medical Office for 1 doctor, 1 secretary and 1 nurse,
none of whom will reside at the property.
(2) Except in emergency situations, the use of the property as a
Medical Office will be limited as follows: Office hours for the
treatment of patients shall be limited to four weekdays per week;
office hours shall be limited to the hours 10:00 a.m, to 5:30 p.m. ;
no office hours will be conducted on weekends.
(3) The grassy area on the corner of Loring Avenue and Moffatt Road shall
remain in its current state.
(4) Two additional paved parking spaces shall be constructed at the property
as shown on the plans provided to the Board. These parking spaces
shall, in all respects, conform to the provisions of Section VII of
the Salem Zoning Ordinance.
K5) There shall be no structural changes to the exterior of the building and
all interior renovations at the site shall be in accordance with the
plans submitted to the Board.
(6) Any sign at the property shall be in accordance with the Salem Sign
Ordinance.
(7) Subject to any action of the City Council to the contrary, the Board
directs that at no time shall a No Parking - Doctor's Office sign be
erected on the Moffatt Road side of this property.
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTIONZ 17 OF THE MASS. -
ENERAL IA71SPM11 LB€E2M TH-r9 ft1P WtW �iT1��R`IJNE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LA'%S, CHAPTER. SOS, SECTION 11, THE VARIANCE OR SPECT I PEPt:U -
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARML; THE CERT-
BEEN
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FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, G�jj �Lx(A/,--
6 THAT, IF SUCH AN APPEAL HAS BEEN FILEOTHAT IT HAS BEET DW.IISSED OR DENIED IS Atty. Ant ny M. Feeherry,,�r
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OVINEACting Secretary
O RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. - -.
r:. ROAM OF APPEAL -
(fitp of *aYem, fRam5atbu.5ett5
(Office of the Citp Council
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COUNCILLORS-AT-LARGE LEONARD F. O'LEARY WARD COUNCILLORS
PRESIDENT
1999 999
JOHN J.DONAHUE DEBORAH E. BURKINSHAW PETER L.PASKOWSKI
THOMAS H. FUREY CITY CLERK - REGINA R. FLYNN
KEVIN R. HARVEY JOAN B. LOVELY
SCOTT J. MCLAUGHLIN LEONARD F.O'LEARY
WILLIAM A. KELLEY
SARAH M. HAYES
MARK E. BLAIR
November 16 , 1999
Chairwoman Nina Cohen
Salem Board of Appeals
City of Salem
Salem, MA 01970
Re: 180 Loring Avenue
Dear Chairwoman Cohen:
I have a previous commitment and will not be able to
attend the November 17, 1999 Board of Appeal meeting.
I want to go on record against approving a special
permit request for a non-conforming use, at 180 Loring
Avenue, R-1 zone district . This house, on the corner of
Loring Avenue and Moffatt Road, has the appearance of a
single family home and may be used as such. In addition,
the previous special permit for this property had
conditions and restrictions which were not abided by. The
area is between the campuses of Salem State College, and
already lacks the needed parking.
There is no hardship here, and the recent history of
this house should not make this an automatic approval by
the Board of Appeal . Would you please read this into the
record, and 1 thank you for your Lime and consideration.
Very truly yours,
Mark Blair
Ward 7 Councillor
To: The City of Salem, Board of Appeals.
n
Concerning the petition of Dr. White to use 180 Loring% y
Avenue as a dental office. s�
1) The previous use was for a medical practice employing
total of five people (according to their special permit). , n
There were many parking problems on Moffatt Rd. and a4so
the corner of Moffatt and Loring Ave..
2) Prior to that, the use was a home where Mrs. Bennett
taught piano to a limited number of students. This caused
no parking problems to the neighborhood.
3) Dr. White wishes to employ a total of nine people at this
residence (a greater rather than lesser use). He also wishes
to expand kt a hours of use to 8pm Monday-Friday and
8am-5pm on Saturday (which is also an increase in, use).
y
The neighbors of 180 Loring Avenue do not oppose
professional use of the property, but we are opposed to the
increased volume of this use in a residential area. Our
principal concerns are evening and Saturday hours and the
lack of adequate parking. As for evening hours (host
people returning from work from 5-7pm would°be faced
with increased congestion at the corner of Moffatt and
Loring Avenue.
With regards to parking, there is residential parking
only on Moffatt Road and limited parking on Loring Avenue
due to college students. On sight, only 4-6 cars can 'be
handled. The Salem zoning ordinance calls for as many as
17 parking spaces for Dr. White's use and there is no plan
to accommodate this need for spaces.
In summary, we, the neighbors of 180 Loring Avenue
request that no action be taken of this petition until our
concerns have been resolved.
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