7 BAY VIEW CIRCLE - ZBA 7 BAY VIEW CIRCLE
�ooxntr CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
TEL. (978) 745-9595
c' FAX (978) 740-9846
STANLEY J. LISOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF MICHELLE GALLANT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 7 BAY VIEW CIRCLE R-1
A hearing on this petition was held on September 18,2002 with the following Board
Members present: Nina Cohen, Nicholas Helides, Joseph Barbeau and Bonnie Belair.
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 requests a Special Permit to operate a home business (Massage Therapy) for
the property located at 7 Bay View Circle 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 (2) (8), 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 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of 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.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
DECISION ON THE PETITION OF MICHELLE GALLANT REQUESTING A SPECIAL'
PERMIT FOR THE PROPERTY LOCATED AT 7 BAY VIEW CIRCLE R-1
pagetwo
1. Petitioner Michelle Gallant appeared and represented herself at the hearing.
2. Ms. Gallant would like to conduct massage therapy out of her home
3. Petitioner submitted a letter signed by 13 neighbors in support of the petition.
4. There was no opposition to the petition.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 4 in favor and 1 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petition granted for a period of 3 years.
SPECIAL PERMIT GRANTED
September 18, 2002 Nicholas Helides
Board of Appeals C'
DECISION OF THE PETITION OF MICHELLE GALLANT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 7 BAY VIEW CIRCLE 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
pp 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 the 20 days have elapsed 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.
PETITIONER
o
LOCATION M
MOTION: TO GRANT SECOND AMENDIKXNT SECOND
-TO DENY SECOND.
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN �•� -
Stephen Barris / —
'
Nicholas Relid6a —
ASSOCIATE' MEMBERS
Joseph Barbeaa --
Bonnie Belair
CONDITIONS: �yU
��Zia. {
We, the undersigned neighbors of Michelle Gallant, of 7 Bay
View Circle, support her application for a special permit to conduct a
home business, Massage Therapy, from her home at 7 Bay View
Circle, Salem, MA.
NAME ADDRESS
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