18 COMMERCIAL STREET - ZBA 18 ,COMIERCIAL STREET
RIVER WHARF REALTY TRUST
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by River Wharf Realty Tryst .
requesting a Variance for the front
yard setback to construct a green-
house for the property located at 18 ,
Commercial Street BPD. Said hear-
ing to be held Wednesday,August 18,
-1999 at 6:30 P.M.,One Salem Green,
2nd Floor.
Nina Cohen
Chairman
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`Q Paurb of Appeal
19g9 AUG 20 A ID 43
DECISION OF THE PETITION OF RIVER WHARF REALTY TRUST REQUESTING A
VARIANCE FROM THE PROPERTY LOCATED AT 18 COMMERCIAL STREET BPD
A hearing on this petition was held August 18,1999 with the following Board Members
present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen Buczko 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 to construct a
greenhouse for the property located at 18 Commercial Street.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. 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. Wendy Goldsmith, of 7 Mall Street appeared before the Board and presented
the plans.
2. The petitioner, River Wharf Realty Trust, d/b/a/The Bioengineering Group, Inc. has
purchased the subject building and plans to add a greenhouse area to the front of
the building, not for the growing of plants and vegetation, but to improve the
appearance of the building and to provide a place for its employees to spend their
time on work breaks. In order to erect a modular greenhouse, a Variance from the
front yard setback is required since the structure would protrude within the allowed
area for a setback.
3. There was no opposition to this petition.
DECISION OF THE PETITION OF RIVER WHARD REALTH TRUSTS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 18 COMMERCIAL STREET BPD
page two
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 4 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner shall obtain proper street numbering from the City of Salem Assessors
office and shall display said number so as to be visible from the street.
9. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted
August 18, 1999
Ronald Harrison, Member
Board of Appeal
r
DECISION OF THE PETITION OF THE RIVER WHARF REALTY TRUST
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18 COMMERCIAL
STREET BPD
page three
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.
Board of Appeal