16 BRADFORD STREET - BRODERICK, JOHN - ZBAF716
ohn Broderick (R-2)
Bradford Street
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DECISION ON THE PETITION OF JOHN BRODERICK FOR A
VARIANCE AT 16 BRADFORD STREET (R-2)
A hearing on this petition was held December 7, 1994 with the following-
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina .
Cohen, Albert Hill and Arthur LaBrecque. 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, owner of the property, is requesting a Variance from front-
setback to allow construcation of a dormer at 16 Bradford Street. This
property is located in a (R-2) district.
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 structure involved and which are not generally
affecting other lands, buildings and structures involved.
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. There was no opposition to the proposed request.
2. The proposed dormer will allow the petitioner a fuller use of the'
property.
3. The proposed dormer would only encroach on the front setback.
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. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
r
DECISION OF THE PETITION OF JOHN BRODERICK FOR A
VARIANCE AT 16 BRADFORD STREET, SALEM
page two
3. Special conditions exist which especially affect the subject property
but not the district in general. 06 is �I�
Therefore, the Zoning Board of Appeal voted unanimous[ypY O, t� %� rWthe
variance requested, subject to the following condition�� �SI p�'�HASg
1. Petitioner shall comply with all city and state statues, orZAfnces, -
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. Exterior finishes of the new construction shall be in harmony with -the-
existing structure.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
December 7, 1994
Stephen C. Touchette, Chairman
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 certification of the City Clerk that 20 .
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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 owners Certificate of Title.
Board of Appeal