20 COMMERCIAL STREET - ZBA (2) 20 COMMERCIAL STREET f
ELIZABETH BRADT i
'w Legal Notice
ng
Caf CrrY OF SALEM
91. BOARD OF APPEAL
in' 745.9595,Ext.381
!1' Will hold a public hearing for all
ja' persons interested in the petition sub.'
�' adtted by Elizabeth Bradt requestingi
µ' Variances from the front setback and'
' side setback to construct the proposed
es entryway and side stair towers for thel
Fa property located at 20 Commerciali
is Street BPD.Said hearing to be held
et Wednesday,March 21,2001 at 6.30
P.M.,One Salem Green,2nd Fi0or.
Nina Cohen
ty Chairman
ds (3/7,14)
h
Citp of *alem, f Ra2;!9arbugett2;
CITY SA MA
� NoarD of ftpea[ CLERK'S OFFICE
,2001 MAR 22 P 2 33
DECISION OF THE PETITION OF ELIZABETH BRADT REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD
A hearing on this petition was held March 21, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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 Variances from the front setback and side setback to
construct the proposed entryway and side stair tower for the property located at 20
Commercial Street located in a 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, Dr. Elizabeth Bradt, is the owner of the property located at 20
Commercial Street. Dr. Bradt plans to use a portion of the building on her property
for her veterinary practice.
2. The Petitioner has requested Variances from front setback and side setback to
construct the proposed entryway and side stair tower. The proposed front setback is
1.3 feet and the proposed side setback is 2.9 feet.
3. Attorney Joseph Correnti of the firm of Serifini, Serifini, Darling &Correnti, LLP,
Represented the petitioner.
4. On November 17, 1999, the Zoning Board of Appeals granted Dr. Bradt's request
to change the then existing nonconforming use to another nonconforming use, a
veterinary practice.
5. A new redesign for the building has been selected which will enable persons with
disabilities to access the office, and will properly raise the floor elevation to at or
above the 100-year flood level so as to avoid potential future flooding damage.
DECISION OF THE PETITION OF ELIZABETH BRADT REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD
pagetwo
6 The front portion of the building will be demolished and rebuilt. By raising the
building a new entrance from the street has to be created which includes the
proposed handicap ramp, as well as the enclosed towers shown on the plans
submitted.
7 The proposed rebuild of the front portion of the building will be build according to
flood and handicap access standards of the Building Code.
8 In order to construct the proposed improvements, two parking spaces were lost.
9 Ms. Wendy Goldsmith, the owner of a business located at 18 Commercial Street,
spoke in support of the requested relief.
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 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, including, but not limited to, the Planning Board.
DECISION OF THE PETITION OF ELIZABETH BRADT REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD
page three
8. No overnight kennels.
9. Overnight hospitalization allowed, but no boarding of healthy animals.
Variance Granted o�c
March 21, 2001
Stephen uczko, Member
Board of Appeal
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