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18 COMMERCIAL STREET - ZBA (2) =it . 18 :COMMERCIAL STREET \ WENDI GOLDSMITH i 1 � \ ` Iko NoUce L CITY OF SALEM UCf BOARD OF APPEAL 1pon 745-9595 Ext.381 11 be Will hold a public hearing for all rin- persons interested in the petition sub- )re mitted by WENDI GOLDSMITH is- requesting a Variance from front 96, yard setback for improvement to 'ie t8cade including a greenhouse addi- 6, tion for property located at 18 COM- + b- MERCIAL STREET, BPD.Said hear- 1! f ing to be held WEDNESDAY, FEB- I RUARY 20,2002 AT 6:30 P.M., 120 d- WASHINGTON STREET,3rd floor, at ROOM313. I a- Nina Cohen e. Chairman ' to (2/6,13) he l l CITY OF SALEM, MASSACHUSETT BOARD OF APPEAL tITr O SALEM, PEA x 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MA 01970 . FAX (978) 740.9846 STANLEY J. USOVICZ, JR. 2001 FEB 22 P j: 33 MAYOR DECISION OF THE PETITION OF WENDI GOLDSMITH REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18 COMMERCIAL STREET BPD A hearing on this petition was held February 20, 2002 with the following Board Members present: Nina Cohen, Nicholas Helides, Bonnie Belair and Stephen Harris. 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 is requesting a Variance from front yard setback for improvement to fagade including a greenhouse addition for the property located 18 Commercial Street located in an BPD zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. The petitioner W endi Goldsmith was requesting a variance from front yard setback to construct a greenhouse addition for the property at 18 Commercial Street. 2. Robert Wilde represented Wendi Goldsmith and explained to the board that this variance had been approved but the two year start time requirement had run out prior to Ms. Goldsmiths opportunity to begin the project. 3. The front yard setback will be 24' rather than the required 50' 4. There was no opposition to the proposed petition. DECISION OF THE PETITION OF WENDI GOLDSMITH REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18 COMMERCIAL STREET BPD pagetwo On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief 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. Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested, subject to 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 and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. A Certificate of Inspection is to be obtained. Variance Granted February 20, 2002 Stephen Harris Board of Appeals 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 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. DIMENSIONAL REQUIREMENTS REQUIRED PROPOSED MAP 26 LOT 82 FRONT YARD 30' I 2 9, WILLIAM J. SIMMONS & SIDE YARD ' I EATRICE PSTREET MOND 1.i ^ I MAP 26 LOT 73 BAY STATE ADHESIVE CORP. y ( 9 SOUTH MASON STREET 1 leadtir tree _148.45- / chain—link ! wood tie ret. wales jam=— \ /fence aye/ driveway + 0,711 1 \\ e� IW 1�•53 I' � x 2—leader tree _ 111.70 0 7 ������-„ ,�`� q �chain—link \ fence MAP 26 LOT 83 s 14 JOHN J. KAl1Z r L OR ELEVATION = 33 MASON STREET 11.7 1 STORY � COMMERCIAL 10' 3ncFete retwall to be removed) BUILDING i'i a92 °© 2.9' MAP 26 LOT 51 3 PROPOSED ROBERT G. SOLOMON, TRUSTEE OF o ! = PROPOSED STAIR --7 �' a STAIR TOWER �� RIVER WHARF REALTY TRUST �\ O5 0l IN TOWER # 20 18 COMMERCIAL STREET m \ 60.0' ® �� _I 49•5' 8.j I 4.6' LEGEND . - - - - � 0 HYDRANT ,, HC FLOOR ELEVATION 9 5• concrete ramp O el P Posed handicap ramp � �' ' '�us !All ilR ved /. ® MONITORING WELL - driveway pROPO eon UTILITY POLE I proposed walkway PR0p0 D + +I22 „d DI STAIRS 10 ELEVATION SPOT SHOT ,,. I x 179&2' '.00 78 _ _, \halo—IlnkXfence xistin sign to remain Ill w 1J EXISTING CONTOUR _ _ _ _� _ 7, -- - - - - edge of pavement PROPOSED CONTOUR 7.06 COMMERCIAL STREET 7+° — — — — — — - - - - - - -- -`-_- - - — — —edge of pavement NOTES: 1. ENTIRE LOT LIES WITHIN FLOOD HAZARD ZONE "A" AS DELINEATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. TOPOGRAPHICAL PLAN OF LAND 2. DATUM — N.G.V.D. OF 1929 — MEAN SEA LEVEL. 20 COMMERCIAL STREET 3. CONTOUR INTERVAL 1S ONE FOOT. SALEM 4. LOT AREA = 19,445 f SQUARE FEET. PROPERTY OF GRAPHIC SCALE DR. ELIZABETH S. BRADT 5. BUILDING AREA = 6,805 f SQUARE FEET. 20 0 10 20 40 so a�P 10flaayS4r, SCALE 1" = 20' FEBRUARY 13, 2001 1. NORTH SHORE SURVEY CORPORATION 6. ZONING DISTRICT — BUSINESS PARK DEVELOPMENT. I`"�,- f l 1 C' ;;T„ 47 LINDEN ST. — SALEM, MA IN FTET Na.35043 i inch = 20 ft. ' 'P ea 4� (978) 744-4800 rIs'm a' L #1641