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81 BAY VIEW AVENUE - BUILDING JACKET CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL «. 120 WASHINGTON STREET, 3RD FLOOR C'7) SALEM, MASSACHUSETTS 01970 1`,"-2 C3 rri STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 +C MAYOR FAX: 97$-740-9$48 N Ln;fy > DECISION OF THE PETITION OF ANN SHAW REQUESTING A SPECIAL PERMT FOR THE PROERTY LOCATED AT 81 BAY VIEW AVENUE R-1 to AI n A hearing on this petition was held on November 17,2044 with the following Board Members present:Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie Belair and Edward Moriarty. 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 request a Special Permit for Home Occupation from the property located at 81 Bay View Avenue in an R-lzone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8)which provide 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 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 for 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 structures 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. -DECISION OF THE PETITION OF ANN SHAW REQUESTING A SPECIAL.PERM ca FOR THE PROPERTY LOCATED AT 81 BAY VIEW AVENUE R-1 r page two N QCT r qua The Board of Appeal,after careful consideration of the evidence presented, and after viewing the plans,makes the following findings of fact. D 1. Petitioner,Ann Shaw is seeking a Special Permit,Section 5-3(b)(1)to Bond y the manufacture of baked goods for wholesale distribution in a residential kitchen. 2. There will be no commercial traffic to the above address. 3. The petitioner will deliver the products to her customers. 4. There was no opposition to this 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. Lateral 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. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested,subject to the following conditions. 1. Petitioner shall comply with all city and state statues,code ordinances 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. Petitioner shall obtain approval from the Fire Prevention Office for an inspection. DECISION OF THE PETITION OF ANN SHAW REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 81 BAY VIEW AVENUE R-1 Special Permit Granted /J November 17, 2004 Bonnie Belau ��(f h> < =o Board of Appeal = �v�i D o � A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING (A 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 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 or record or is recorded and noted on the owner's Certificate of Title.