6 W. Terrace DECISION (STAMPED) (1) T n, CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
TEL:978-619-5685 ;
KIMBERLEY DRISCOLL r
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MAYOR Cf3 M
March 28, 2022 t Co
Decision
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City of Salem Board of Appeals r
The petition of AMANDA COUTTS at 6 WEST TERRACE(Map 33, Lot 739) (Ri Zoning
District),for a Special Permit per Section 3.2.2 Home Occupations of the Salem Zoning
Ordinance to operate a massage practice in her home.
A public hearing on the above petition was opened on March 16, 2022 and was closed on
March 16, 2022.
On March 16, 2022,the following members of the Salem Board of Appeals were present:
Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica, Peter Copelas and Steven
Smalley.
The petitioner seeks a Special Permit per Section 3.2.2 Home Occupations of the Salem
Zoning Ordinance to operate a massage practice in her home.
Statements of Fact:
The petition is date stamped February 3, 2022. The petitioner seeks a Special Permit
per Section 3.2.2 Home Occupations of the Salem Zoning Ordinance to operate a
massage practice in her home.
1. 6 West Terrace is owned by Scott Froeschl and Emily Hussa Froeschl.
2. The petitioner is Amanda Coutts.
3. 6 West Terrace is located in the R1 zoning district. (Map 33, Lot 739)
4. The requested relief,if granted,would allow the Petitioner to operate a
massage practice in her home.
5. On March 16, 2022,Amanda Coutts presented the petition for 6 West Terrace
to the Board.
6. 6 West Terrace is a single-family home where the petitioner lives and where
she would like to operate a massage practice.
7. Amanda Coutts is a licensed massage therapist and has been practicing for
eight years.
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8. Ms. Coutts expressed that there would be no signs advertising her practice at
her home. That there would be no external noise from the house.Also, there
would be no change to how her home looks outwardly to the neighborhood.
9. Ms. Coutts expressed that she will be seeing only one client at a time. Her
massage sessions would last between sixty(60)to ninety(go)minutes. Time
between clients would be, at a minimum,thirty(30) minutes. This time
would allow for sanitizing and to complete her client notes. She will meet
each client upon their arrival to ensure proper parking. She also stated that
there would be no deliveries to her home regarding the massage practice.
10. Ms. Coutts expressed that there will be no more than five(5)clients seen per
day at her home practice.
11. Chair Duffy inquired where the practice would take place in the petitioner's
home and would it be less than twenty-five (25%) percent of the total space of
her home. Ms. Coutts stated that it was a small bedroom that is less than
twenty five percent(25%). Chair Duffy asked the petitioner about the parking
conditions of the neighborhood. Ms. Coutts responded that the street is a
dead end and because of that people use driveways to turn around. Ms.
Coutts stated that they use the two spaces in front of the house for their
parking. Also,the majority of the residents on West Terrace have driveways,
where 6 West Terrace does not have a driveway,which makes them have to
park on the street.
12. Peter Copelas inquired with Ms. Coutts if she lived in the residence. She
responded that she does live at 6 West Terrace.
13. Rosa Ordaz asked the petitioner to reiterate what the hours of the business
would be and what entrance would the clients be using to access the massage
practice. Ms. Coutts responded that she would not start seeing clients before
ten (1o) a.m. and that her last client would start at seven(7)p.m. The clients
would use the front entrance to access the practice.
14. Chair Duffy opened the meeting up to public comment.
15. Bill and Donna Wholly, 8 West Terrace, expressed that there are medical staff
and cleaning crews that come to the other residences on West Terrace and
that the parking for them would be essential due to the limited amount of
parking available on West Terrace.
16. Rhonda and Richard Peterson, 7 West Terrace, expressed that this petition
could change the residential area into a commercial area which could affect
the property values. Rhonda also expressed her concern about the parking on
West Terrace. Richard expressed that he felt a massage practice in some
people's perspective is less than reputable and did not want that in his
neighborhood.
17. Joe and Pauline Morency, 4 West Terrace, stated that they were opposed to
the permit due to the amount of parking and traffic on the street. Pauline
expressed that 6 West Terrace did not have any designated parking as they
rest of the houses on West Terrace do. She also did not want a business on
their street.
18. Jen Peat, 25 West Terrace, expressed her concerns over the availability of
parking. She also expressed her concerns about times of plowable snow and
how plowed snow ends up blocking several parking spaces on the street. She
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stated that if there is parking for the business on the street during those times
that they would take away from the available parking.
19. Chair Duffy gave the applicant an opportunity to address the comments from
the public. Ms. Coutts reiterated that there would be no change in the amount
of cars on the street with the addition of the massage practice. She referred to
her presentation about how one of the cars associated with the property or
client would not be parking on the street in front of the house.
20. Chair Duffy inquired if it was possible for someone to park at Forest River
Park to alleviate some of the parking concerns. The petitioner responded that
they had looked into parking at Forest River Park and stated they had reached
out to the Parks and Recreation Department and were told that there will be
metered parking at Forest River Park.
21. Carly McClain expressed that the petitioner had already addressed the
parking issue as in there would not be more than two (2)cars at a time parked
out front of the house. It would be either the client parks off site, or one of the
homeowner's cars will be off site.
22. West Terrace is a resident only sticker parking area. A client would need to
receive a guest pass from the petitioner to park on West Terrace.
23. Chair Duffy discussed the special permit criteria.
24. Due to the ongoing COVID-19 pandemic and related precautions and
Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the
Open Meeting Law, G.L. C. WA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place, the March 16, 2022 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more
detrimental than the existing nonconforming use to the neighborhood and that the
adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood:
1. Social, economic, or community needs were served by this petition.
2. Traffic flow and safety,including parking and loading:there will be parking
permits required for parking.
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character:The project will not have a negative impact on the
residential neighborhood character.
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6. Potential fiscal impact,including impact on City tax base and employment.
There will be a positive fiscal impact on the city or its tax base.
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted six
(6)in favor(Rosa Ordaz,Mike Duffy(chair),Carly McClain,Paul Viccica,Peter Copelas and
Steven Smalley)and none(o)opposed to AMANDA COUTTS at 6 WEST TERRACE a
Special Permit per Section 3.2.2 Home Occupations of the Salem Zoning Ordinance to
operate a massage practice in her home.
Receiving six (6) in favor votes, the petition for a special permit is
approved.
Standard Conditions:
1. Petitioner 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 Occupancy is to be obtained.
4. A Certificate of Inspection is to be obtained.
5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including,but not limited to,the Planning Board.
Special Conditions:
1. The hours of operation will be from 9 a.m. to 7 P.M. for seven (7)days a week.
Alk
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Mike Duffy, Chair
Board of Appeals
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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 4oA, and shall be filed within 20 days of filing
of this decision in the office of the City Clerk. Pursuant to the Massachusetts General
Laws Chapter 4oA, 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 has been
filed with the Essex South Registry of Deeds.
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