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20 COMMERCIAL STREET - ZBA 20 ComnRCIAL STREET ELIZABETH BRADT �S �V Legal Notice CITY OF SALEM BOARD OF APPEAL 745.9595 Ext.381 for all Will hold_a public hearing persons interested in the petition sub- - miffed by Elizabeth Bradt requesting a Special Permit under Section 9h(b) to allow a change from one non-con- forming use to another non- forming use to alter existing no"- conforming use to allow for the property located at 20 Commercial Street BPD.Said hearing to be held Wednesday, November 17, 1999 at, 6:30`P.M., One Salem Green, 2nd s Floor. Nina Cohen p ' Chairperson (11/3,10) ,t Its Tltg of ttlPm, � ttssttrljusr 3 `aQ Pvarb of c"?Tf'Pnl 3• 3E 1p69 Jgi 22 P 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 requests a Special Permit to under Section 9-4 (b) to allow a change 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 Q), 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. Literat 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: rhi, .9A ICE DECISION ON THE PETITION OF ELIZABETH BRADT REQUE�T�y PERMIT FOR THE PROPERTY LOCATED AT 20 COMMERCIALt STREET BPD 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. U. 41.Eta. NA LE RE'S OFFICE DECISION OF THE PETITION OF ELIZABETH BRADT REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 20 COMMERCIAL STREET BPD page three 1989 NOV 22 .P 3: 35 8. Overnight hospitalization allowed but no boarding of healthy animals. Special Permit Granted November 17,1999 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. Meg Twohey Federal Street Neighborhood Assoc. 122 Federal St. Salem, MA 01970 Dear Meg, I am writing to you in your capacity as the head of the Federal Street Neighborhood Association to express my strong support for Dr. Elizabeth Bradt and her proposed veterinary clinic on Commercial Street. My enthusiasm for this project stems from my personal and professional relationship with Dr. Bradt, and from my belief that her business will provide a welcome service to the area. Liz Bradt is a graduate of Tufts Veterinary School, and has provided health services to my menagerie of much-loved pets for approximately five years. She is a dedicated, talented and compassionate doctor who has not only worked hard to build a practice in Salem, but is showing her commitment to the City with her plans to invest in a permanent clinic. As a private citizen, Liz is a Salem homeowner, and an active participant in her church, as well as civic organizations such as the Salem Foundation for Education. She is a valuable asset to our community. As an animal-lover, I am also happy with the addition of a high-level veterinary clinic in our neighborhood. This is exactly the type of basic and "essential" service which makes a community livable and desirable. Furthermore, where Liz is such a part of the community, her presence will bring a wonderfully old-fashioned personal touch to her clients, four- legged, feathered, reptilian and otherwise. Altogether, I hope that we can show Liz Bradt the in-kind support which she has shown to Salem. Again, I ask you to welcome her...and I definitely recommend her for your pets! Sincerely, f Anne L. Busteed 8 Chestnut St. Salem, MA 01970 - 53.MASON STREET BTHE SALEM.MA 01970 IOENGINEERINGr 97er740oo9c GROUP, INC .:979-740-0097. WW ..BIOENGINEERING.COMZ November 1°2, 1999 ' Zoning Board of Appeals - City of Salem One Salem Green :Salem, MA 01970 Dear Board Members: ' Allow me to extend my thanks once again for your support in allowing my.business`a - variance enabling us to embellish the front facade.of:our new office building Ieca+P l a+. 18 Commercial St. Work-onthat.iteni is planned for the spring, and itwillbe the cherry on top of our new interior office construction and remodeling`of the,formerlyvacant industrial building. I appreciate your support-and cooperation which has.inade it easy for me to'invest,in the building in away that will greatly enhance the neighborhood and especially-"upgrade the Viewfortraffic entering and leaving'Salem on either N,ortH St:or l Bridge St. The neighboring property-at 20 Commercial,,St.,would're'quire a variance.in order to be converted to a veterinary practice., I know the derelict building and site,very well,'and ' appio.ve.,whole-heartedly the current concept for establishing,a business.of that type>;I am writing this letter to serve as a formal statement of support from The Bioerigineering Group,:Inc., and from me personally, for approving a variance. I look forward to having Dr,Bradt and her,colleagues as neighbors, and believe her proposed investment in the property will be good-for the neighborhood and"for Salem in general. With the proposed improvements at 20 Commercial St.', the.condition of the North:River corridor,will be,. " continuously rehabilitated_from 18 Commercial St.upstream to the flint'St: bridge,and a noteworthy eyesore of manyyears will have been converted to'productNe'.use. Moreover; a veterinarypractice is a_particularlyappropriate match to a parkside location, with considerable recreational use. In suin, haying met"with�and discussed Dr. Bradt's plans foi:the building and her business, I am enthusiastic and fullyaupportive of her proposed improvements. If I can be of further'assistance in approving this variance,.please.don?t hesitate to contact me. .Thank you for-consideration. Sin erely, I' Wen di oldsmithy M' President The Bioengineering Group,'lpe. • CONSULTANTS IN EROSION CONTROL.WATER OUALITY.AND HABITAT RESTORATION. N/F .,....,�� WILLIAM J. SIMMONS ..y-o _ �s;�• MAP 26 PARCEL 82 RALPH c'•\ v a WILL m L NEIr -,•� 23422 yi i N/F BAY STATE ADHESIVE CORP. �'�►�;s Rve-4 � MAP 26 PARCEL 73 48.45' APPROXIMATE OF FENCE OCATION "I CERTIFY THAT THE BUILDING L 22' M IS LOCATED AS SHOWN." 0 R. W REID P.L.S. 0 0 � t o't 3 N/F ® JOHN J. KAITZ GRAPHIC SCALE i STORY MAP 26 PARCEL 83 © LOT 2E CONCRETE BLOCK & STEELN/F 1 17 30 do '2 ©19,300± SF #20 in THOMAS A. SULUVAN 0 rn MAP 26 PARCEL 51 ( IN FEET 0 1 Inch = 30 ft 8 O REVISED: 11 /11 /99 — PARKINGS ADDED X13 14 15SALEM , MASSACHUSETTS 18 .0 9.0, PLAN OF LAND PREPARED FOR: 20 COMMERCIAL STREET ELIZABET ATA. BRADT 20 COMMERCIAL STREET MAP 26 PARCEL 50 _ NOTE: THIS PLAN WAS PREPARED FROM A TAPE SURVEY. OFFSETS SHOWN ON OR SCALE FROM REID LAND SURVEYORS DEED REFERENCE: THIS PLAN SHOULD NOT BE USED TO DETERMINE 3G5 CHATHAM STREET R BOOK 6054 PAGE 677 PROPERTY LINES. LOT COVERAGE 35% R99-200 LYNN MASSACHUSETTS RWR DATE: NOVEMBER 9, 1999 SCALE: 1 " = 30'