12 ROPES STREET - ZBA 12 ROPES STREET R-3
--- l NADINE M. TONDREAULT
of Salem, Tassarhusetts
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DECISION ON THE PETITION OF NADINE M. TONDREAULT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 12 ROPES STREET (R-3)
A hearing on this petition was held October 16,1996 with the
following Board Members present: Nina Cohen, Albert Hill, Joseph
Ywuc, Richard Dionne and Paul Valaskatgi. 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 enable a home occupation
involving the use of one room to practice Certified Myotherapy for
the property located at 12 Ropes Street.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 viewing the plans, makes the
following findings of fact:
1 . The petitioner was represented by Attorney Michael Mahan.
2. A petition was submitted with 11 names in favor of the petition.
3. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
DECISION OF THE PETITION OF NADINE M. TONDREAULT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 12 ROPES STREET (R-3)
page two
1. The Special Permit requested can 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 promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1. All construction 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. A Certificate of Inspection is to be obtained.
4. The hours of operation shall be between 9:00 a.m. to 5:00 p.m.
5. A limit to three (3) years and at that time review the operation.
SPECIAL PERMIT GRANTED
October 22, 1996
Richard Dionne
Member, Board of Appeal
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 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 is recorded in
the South Essex Registry or 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
• •
TO: CITY OF SALEM BOARD OF APPEAL
We are aware and in support of Nadine M. Tondreault in her application
for a special permit to practice Certified Bonnie Prudden Myotherapy at
14 Ropes Street.
DATE SIGNATURE ADDRESS
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BUILD[FNC DEPT. .
SEP N 2 Ss PH °96
RECEIVED
CITY OF SALEM,MASS.
September 22, 1996
To the Salem Board of Appeal ,
I Paul W. Russell being landlord of 12 Ropes Street,
Salem give permission to my daughter Nadine M. Tondreault
for the use of the first floor front room as a place of
business . She will practice Certified Bonnie Prudden
Myotherapy.
�Sincerely,
Paul W. Russell