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20 COMMERCIAL STREET - ZBA (3) 20 COMMERCIAL STREET -_ELIZABETH BRADT ,.-wu4,� r Legal Notice cd cd r CITY OF SALEM ye i BOARD OF APPEAL We, 745-9595 Ext.381 Will hold a public hearing for all the Persons interested in the petition sub. Hist Imitted by ELIZABETH BRADT Holie requesting a Variance from front, regis '. side and rear setback and a Vari. char ante from the buffer zone to allow the Menti construction of a new building for Property located at 20 COMMERCIAL by Ma STREET BPD.Said hearing to be held Wel, WEDNESDAY,MARCH 20, 2002 at matlo. 6:30 P.M., 120 WASHINGTON Wellsp STREET,3RD FLOOR,ROOM 313. 28 Emt Nina Cohen will tea (3/6,13) Chairman busines I menton Isn't nes �- - ---• _• _ (978)9 i . o CITY OF SALEM, MASSACHUSETTS .�� OF SALEM, MA BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MA 01970 TEL. (978) 745.9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. 2001 MAR 2l P 3 21 MAYOR DECISION OF THE PETITION OF ELIZABETH BRADT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREETBPD A hearing on this petition was held March 20, 2002 with the following Board Members present: Nina Cohen, Richard Dionne, 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, side and rear setbacks and a Variance from the buffer zone to allow the construction of a new building for the property located at property located at 20 Commercial Street 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. Attorney Joseph Correnti, 63 Federal Street, Salem represented the petitioner. 2. The Petitioner, Dr. Elizabeth Bradt, is the owner of the property located at 20 Commercial Street. 3. Dr. Bradt is a licensed veterinarian who plans to use the property to create a new veterinary office. This Board by Special Permit dated November 23, 1999, and extended through May 22, 2002 allowed the veterinary office use. The Petitioner is requesting a further three-month extension of this Special Permit, through August 22, 2002, so as to allow sufficient time to begin construction on the newly revised plan submitted with this petition Petitioner has appeared before this Board on November 17 1999 4. The e pp , March 21, 2001 and October 30, 2002, and has obtained Variances to reconstruct portions of ^� DECISION OF THE PETITION OFELIZABETH BRADT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD page two the existing building on the premises. 5. The current plan, as submitted, proposes to demolish the existing building and to Rebuild a new single-story structure of approximately 5,096 square feet, which is 1,700 square feet smaller than the plan previously approved by the Board. 6. The resent petition seeks Variances from the front, side, and rear yard setbacks, P As well as the required buffer zone in this BPD district, so as to allow the construction of the building as shown on the plan. Specifically, the Petitioner has requested a front yard setback of 31.9 feet, a side yard setback of 9.1 .feet, a rear yard setback of 9.8 feet, and a residential buffer zone setback of 55 feet. 7. The plan, as submitted, proposes 19 parking spaces, which is sufficient to serve the needs of the veterinary office. 8. That due to the size and shape of the lot, the Petitioner would effectively be prohibited from building any structure whatsoever without the requested relief. 9. The proposed use in this business zone is complimentary and will not adversely Impact the existing use in that area. 10. The plan, as submitted, will allow for more green space and open areas on the lot Compared to the previously approved plan. 11. The granting of a three month extension for the Special Permit allowing the Veterinary office use, through August 22, 2002, will allow the Petitioner sufficient time to begin construction on the newly revised plan submitted with this Petition. 12.There was no opposition to the petition. 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 R DECISION OF THE PETITION OF ELIZABETH BRADT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD page three 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. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner is to obtain a Certificate of Inspection. 6. Petitioner is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board. 7. No outdoor kenneling of animals is permitted. VARIANCE GRANTED & SPECIAL PERMIT EXTENDED MARCH 20, 2002 Nicholas Helides Board of Appeal DECISION OF THE PETITION OF ELIZABETH BRADT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD page four 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 SERAFINI, SERAFINI. DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI, JR. 978-744-0212 JOHN E. DARLING October 24 , 2001 781-581-2743 JOSEPH C. CORRENTI TELECOPIER 978-741-4683 VIA HAND DELIVERY Nina Cohen, Chairperson Zoning Board of Appeal 120 Washington Street Salem, Massachusetts 01970 Re: Special Permit granted to property at 20 Commercial Street Dear Ms. Cohen: On behalf of the Petitioner, Elizabeth S. Bradt, I hereby request allowance to extend the above referenced Special Permit which was granted by the Board in a Decision dated November 17, 1999, for a period of six (6) months from the effective date of that grant. The Petitioner wishes to go forward with the construction of the veterinary office use, which was permitted by the Board in this matter, however, additional time is necessary for the Petitioner to be able to put in place all of the necessary contracts and design features to be able to begin construction. We would, therefore, respectfully request that this Board grant an extension for good cause shown, as provided in General Laws Chapter 40A, Section 9 , for an additional six (6) month period. Respectfully submitted, Elizabeth S. Bradt By er Attorney Jo e C. Correnti i(3�113 JCC:dl V M 1JQ X00? Enclosure cc: Dr. Elizabeth S. Bradt Id30 9rNMI;-% , SEX MIT Y-,tEd!iTRY DISTRICT Ctv Of �$ttlem, fflas I9,fLl$ I&AWEGISTRYOFDEEDS � a Puttra of Appezd d 13-JOW 1 DAj - RECEIVED!O'CL0CK2M_ BK--LDPG 'Syd' DECISION ON THE PETITION OF ELIZABETH BRADT REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET R-2 A hearing on this petition was held November 17, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Stephen Harris, and Richard Dionne. 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 raq��estE a Special Permit to under Section 9-4 (b) to a'Icwd a ^f -nge from one nonconforming use to another (Veterinary Office) for the property located at 20 Commercial Street BPD. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 0), which provides 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 of 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 of 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 stuctures 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. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: -'5 OFFICE DECISION ON THE PETITION OF ELIZABETH BRADT REQUESTING A-%E>�+P ID 3 35 PERMIT FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREP page two 1. Attorney Joseph Correnti, 63 Congress Street, represented the petitioner. 2. Many letters of support were read from Federal Street Neighborhood Association. 3. Attorney George Atkins, representing the seller of the property, spoke in support of the request. 4. Petitioner would like an open a Veterinary Office. 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. Literal 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. A Certificate of Inspection shall be obtained. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 6. A Certificate of Occupancy shall be obtained. 7. No outside kennels. DECISION OF THE PETITION OF ELIZABETH BRADT REQUEST]NG!A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD page three 1 X89 V 27 i=' 3: 35 S. Overnight hospitalization allowed but no boarding of healthy animals. Special Permit Granted CS November 17,1999 � � la.,"e Richard Dionne, 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 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 of record or is recorded and noted on the owner's Certificate of Title. nate JAN 5 2000 1 hereby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has been filed in this office. A True Copy, ATT EST:_ ` CITY CLERK,