180 LORING AVENUE - FALLON, JOHN & IRENE - ZBA 180 Loring Ave. R-1
Dr. John Fallon &
--—�— Irene Fallon
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DECISION ON THE PETITION OF DR. JOHN A. FALLON FOR MODIFICAtION -'
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 of 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 (1 ) doctor and one (1 ) medical assistant
will promote the convenience and welfare, and public health of the
City's -inhabitants.
DECISION ON THE PETITION •OF DR. JOHN A. FALLON FOR MODIFICATION
OF A SPECIAL PER??IT AT 180 LORING AVE. , SALEM
Therefore, the Zoning Board of Anneal 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
J
amen M- Fleming, Esq. 4
Member, Board of Appeal
A COPY OF THIS DECT&SION HAS BEEN FILED WITH THE PLANNINUES®AP,D AND THE CITY CLERK
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FiDTEC ON THE Ot4NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
We; the undersigned, abutters and nearby homeowners to that certain
parcel of land located at 180 Loring Avenue, Salem, wish to be
recorded in favor of the granting by the Salem Board of Appeals of
the Modification of. Special Permit sought by Dr. John A. Fallon, which
hearing is to be held in November, 1986. The reasons for the petition-
ing of said Modification have been fully explained to us and we 'are of
the opinion that the granting of said Modification will in no way be
detrimental to the public good and will not derogate from the indent of
the Zoning Ordinance.
NAME ADDRESS
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We, the undersigned, abutters and nearby homeowners to that certain
parcel of land located at 180 Loring Avenue, Salem, wish to be
recorded in favor of the granting by the Salem Board of Appeals of
the Modification of Special Permit sought by Dr. John A. Fallon, which
hearing is to be held in November, 1986. The reasons for the pdtition-
ing of said Modification have been fully explained to us and we are of
the opinion that the granting of said Modification will in no way be
detrimental to the public good and will not derogate from the indent of
the Zoning Ordinance.
NAME ADDRESS
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