81 WEBB STREET - ZBA 81 WEBB' STREET
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URC 10330
No.153L
HASTMas,ems
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
795-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition,sub-
milled by LLOYD TERNES request-
ing to Amend Conditions of a Special
Permit granted April 30,1985 for the
property located at 81 WEBB
STREET R-2.Said hearing to be held i
WEDNESDAY, JULY 18, 2001 AT
6:30 P.M., 120 WASHINGTON
STREET,3rd floor.
Nina Cohen,Chairman I
(7/5,11) j
'°�► fllit� of Salem, 'ffia55adjAWAP SALEM. MA
CLERKS OFFICE
�Ruttra of �ppenl
;2001 AUG -i A 8: 24
DECISION ON THE PETITION OF LLYOD TERNES REQUESTING AN
ADIMISTRATIVE RULING FO-R--TFr�-PROPERTY-LDLATED-AT-81-WEBB-STREET—
R-2
A hearing on this petition was held on July 18, 2001 with the following Board Members
present: Nina Cohen, Chariman, Richard Dionne, Stephen Harris and Nicholas Helides.
Notice of the hearing was sent to abutters and others and notices of the hearing were
published in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner is requesting to Amend Conditions of a Special Permit granted on April 30,
1985 for the property located at 81 Webb Street.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioner, Lloyd Ternes appeared before the Board to request to amend condition
number 3 of the decision of 1985 which states, Driveway in rear be crushed stone.
2. Petitioner would like to be allowed to hot top driveway.
3. There was no opposition to this proposal.
Therefore, based on the fact and on evidence presented, Nina Cohen made a motion
and was seconded that the Zoning Board of Appeal voted unanimously, 4-0 to grant the
petitioners request to amend condition of 1985 with the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to. Q
M 1-4
Nicholas Helides
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 the
Massachusetts General Laws, 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 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 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.
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RECEIVEC
.3 Poarb of �"eal
T5 APR 30 P3 :04
DECISION ON THE PETITION OF KATHLEEN KEEFE-TERNES AND
LLOYD TERNES (PETITIONERS) , PHYLLIS SPILIOTIS (OWVTh' CLERK S OFFICE
FOR A SPECIAL PERMIT FOR 81 WEBB ST. , SALEM SALEM MASS
A hearing on this petition was held April 24, 1985 with the following Board Members
present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, 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.
Petitioners request a Special Permit to allow them to use the premises as a
combination one unit dwelling and veterinary clinic for cats. The premises, in
an R-2 district, is owned by Phyllis E. Spiliotis and is currently used as a
dwelling/beauty salon.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 11 , 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 hearing the evidence presented at the hearing and after
viewing the plans, makes the following findings of fact:
1 . The proposed use of the premises will not significantly increase
traffic congestion or parking problems in the neighborhood beyond
that caused by its present use as a dwelling/beauty salon;
2. The proposed use of the the premises will not result in any
significant increase in noise in the neighborhood beyond that
caused by its present use as a dwelling/beauty salon;
3. The proposed use is not a veterinary hospital as defined in the
Ordinance, because the subject building will not be used soley
for the medical or surgical treatment of animals, reptiles or
birds. It will also be used as a dwelling as proposed by petitioners.
n
+ r DECISION ON THE PETITION OF KATHLEEN KEEFE TERNES &
LLOYD TERNES FOR A SPECIAL PERMIT FOR 81 WEBB ST. , SALEM
page two
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 . The proposed use will not be substantially more detrimental to
the public good than the existing nonconforming use to the neighborhood;
2. The proposed use will not nullify nor will it substantially derogate
from the intent and purpose of the Ordinance;
3. The proposed use does not or will not constitute an unreasonable increase
in the degree of use of the premises over its current use.
Therefore, the Zoning Board of Appeal voted 4 - 1 (Mr. Luzinski voted against) to
grant the relief requested, provided that:
1 . The veterinary clinc may be open to the public or customers of the clinic
withing the following hours only (except for medical emergencies) :
a. 8:45 a.m. to 5:30 p.m. on three weedays per week;
b. 8:45 a.m. to 7:00 p.m. on two weekdays per week;
c. 8:45 a.m. to 12:00 noon on Saturdays;
2. A minimum of six (6) on site parking spaces be maintained at all times;
3. Driveway in rear be crushed stone;
4. Maximum of one veterinary and three employees be on premises at one time;
5. Landscaping be done in accordance with plan submitted to the Board;
6. Any signs advertising the business be affixed to the building itself and
be no more than 18" x 32" and unlit;
7. Smoke detectors be installed in a configuration appropriate for mixed
occupancy and plans for installation be provided to the Salem Fire
Prevention Bureau prior to start of work;
8. Basement to be used for storage only; Cl)
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9. Certificate of Occupancy be obtained. -<
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SPECIAL PERMIT GRANTED x
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AGAiy'�
Scott E. Charnas, Secreta% p
p: gEc(��DrvTp�I{ rppgpAg�� R�S (�ggDgglg BEEN FILED. WITH THE PLANNING BOARD AND
..l :.,I,HE. dff E SHALL BE FILED WITHIN 20 DAYS AFTER IH[ P;..' 'L . .
iH rI E OF THE CITY CLERK.
_. ... ''. LAWS, CHAPTER 298. SEGTI0r1 11, THE W...-',A:", 0 "'
. _.. '''E EFFECT UNTIL A COPY OF THE
A:",
'JE i! •• -. .,
°0 DAYS HAV- U.".:'SED Af:b N', C... H:.._ E_.. ..
OF r. .'_ Hi,S FILE, THAT IT H=:S BEEfi DIS':'!S GED CR
REGDflulu ;:; _ --X REGISMR CF DEEDS AND INDEXED UNDER THE :;'V,.`_ OF Ir,'_
OF RECORD OR IC ..____._. V:.) NOTED ON THE OVINER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL