10 BOSTON STREET - ZBA 10 BOSTON STREET (B-1)
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IECISION OF THE PETITION OF DR. MICHELLE SAUDLER REQUESTING A "
VARIANCE FOR THE PROPERTY LOCATED AT 10 BOSTON STREET "(B,=1 )
A hearing on this petition was held December 28, 1995 with the following
3oard members present: Stephen Touchette, Chairman; Gary Barrett, Albert
'Hill. Nina Cohen, and Arthur LeBrecque. ':otice 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, owners of the property request a Variance for a Change of Use
(Office Supplies to Dental Office) for the property located at 10 Boston
Street.
The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. There was no opposition to the proposed request.
2. Dr. Michelle Saudler appeared and advised that she and her partner,
her mother operate a dental clinic currently located at 84 Highland
Avenue in Salem.
3. Dr. Saudler and her mother intend to purchase the subject property from
the petitioner and will relocate their dental practice to at said
location.
4. The property currently houses offices for a computer graphics firm,
Phase One /Essex Office sales office and an Office Supply retail store.
5. Philip Kaufman, Dr. Saudler's father, appeared at the hearing and
advised the Board that upon acquiring the property, the current retail
space would be converted into a dental clinic at a substantial capital
for electrical, plumbing and construction work.
6. Mr. Kaufman further advised that the proposed owners intended to
continue to lease space to the current computer graphic firm tenant as
well as to Phase One/Essex Office for its sales office. Mr. Kaufman
expressed hope that the remaining space could be rented for one
additional professional office.
;. The proposed sale of the subject property to Dr. Saudler also included
the sale of the 9 Boston Street as well as the abutting property at 12
Boston Street. The 9 Boston Street property is a parking lot with 16
spaces.
8. John Borris from Phase One/Essex Office appeared and represented that
the current office supply retail store operated six days per week and
services an average of 150 customers daily, Monday through Friday.
D_CiS_''\ OF TF.E _Tl-_ _, . . PR. 'TCHEL: E SAUDLER ?= j:7S7_` r
A VARIANCE FOR -F.E PROPERTY 7 :1CATED 10 BOSTON STREE-. iB-1 )
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9. i'he proposed use :i:_ be less intense use Than -he current use of the
property.
In. ,he surrounding area consists of several retai- -stablishments
including a liquor store, a pizza shop, two sandwich shops, a take-out
Chinese restaurant. a diner and residential property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings , _he Board of Appeal concludes as fellows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantiai detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Oridnance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1 . ?etitioner shall =Div 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. Petitioner shall obtain a building permit prior to beginning any
construction.
a. A Certificate of Tnspection shall be obtained.
i. Petitioner _a to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board,
and its Sign Committee governing signs in an Entrance Corridor Overlay
district.
Variance Granted
December 28, 1995
Gary Barrett
Board of Appeal
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VECISTONOF TFE . _ - 0r CF DR. .-TCHELLER S-.UDLER -EOUESTI?,'G ..
ARIANCE FOR -HE PROPERTY LOCATED AT 10 BOSTOS STREET 3-11
-age three
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNID;r, BOARD AND THE CITY
CLERK
'ppeai from this decision, if any, shall be made rursuant to Section 17 of
the Massachusetts General Laws Chapter LOA, and shall be filea within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter uOA, 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 owner's Certificate of Title.
Board of Appeal
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