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2 WINTER STREET - ZBA 4 2 WINTER STREET R-2 Rozen & Maloff i i �— a� �, Gs � �� z �0�� -�- �- �� .� 1 i { of intent, tt�s�acl uoe##s Pourb of �blln8�� AMENDED DECISION OF JAN B. ROZEN AND ARNOLD I. MALOFF FOR VARIANCES FOR 2 WINTER STREET A hearing on this petition was held on May 18, 19TON`lTh bjlpml2�,jIng Board Members present: James Hacker, Chairman; Messrs. , harnas, opper, Luzinski, Piemonte and Associate Member Bencal. efftife '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 Mass&i1m'UZIM SpaUMA- #yaws Chapter 40A. Owners of the property are Michael A. Clemens & Richard A. Clemens, Trustees C & C Realty Trust. Petitioners have requested a variance to allow them to use the first floor of the premises as professional dental offices in thiw R-2 district. Petitioners also request a variance from minimum parking requirements to allow a minimum of eight (8) spaces. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the plans of the property, makes the following findings of fact: 1 . No opposition to petitioner's plan was raised by neighbors; 2. The shape and size of petitioner's lot are unique conditions affecting the lot, but not other lots generally in the district; 3. Because petitioner's lot is bounded by streets on three sides and by buildings on the fourth side, there is no possibility of obtaining additional land; 4. Without allowing the premises a partial non-residential use, the premises will probably continue to decline. On the basis of the above findings of fact and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1 . Petitioner's request for variances can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Zoning Ordinance of the City of Salem; 2. A literal enforcement of the Zoning Ordinance would involve substantial financial hardship to petitioners, owing to the above-mentioned special conditions which do not effect the area generally. Therefore, the Board of Zoning Appeal voted unanimously in favor of granting the petitioners the variances requested. The Board granted these variances unter the following terms and conditions: 1 . Petitioners .may use the first floor of the premises as. professional dental offices; - , DECISION ON PETITION OF JAN B. ROZEN AND ARNOLD I. MALOFF FOR VARIANCES FOR 2 WINTER STREET page two 2. Petitioners must maintain a minimum of eight (8) parking spaces on the property; 3. Any construction or alteration of the premises must be done in strict accordance with the plans presented tott F"arj ap Building Inspector; UU X19 0 FILE 4. The design of any and all signs related to the professional dental offices must be reviewed and approved by the D011)9IILBR?033$t* Sof the City of Salem; 5. The existing garage must be maintained at the same location as it -.is presently, and can be used only for the parking of cars; 6. Petitioners must install A.C. hardwired smoke detsectors in all offices and all residences; 7. All heating units must be inspected and approved by the Salem Fire Marshall; 8. A certificate of Occupancy and Use must ,be. obtained. Scott E. Charnas, Acting Secretary Ar RE T I-CI'Li9, SNAIL P17 PJ?SUANT TO SECTION 17 OF flr: ,.!L!_ BE HLE'u §7!."j?! 20 OA75 AFTER THE CA`E OF i!C. .0 THE :1F TEE CITY CLERK. - Fd o f i '. l '. f: ?r:-^-ER o, $=�;i l-!'! Ii. THF v1P:ANC.- 0' f :.'. �L. 1. c-i'-C- Lf- A r^ F T.:E 1 Nr. ? h. H!'.J .. - kE '` :' T':- . ESSE;; RE ' d'i OF '.}'EL'S AW) Ir Aril UNCEx .1'._ OF Tr:- ^F PECORJ OR iS RECORDED AND NWED ON THE O'ANER'S CERTIFICATE OF TITLE. - BOARD OF APPEAL - A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK I�j P< ASSENT TO VARIANCE APPLICATION WE, the undersigned, wish to indicate to the City of Salem Board of Appeals that we give our assent to an application by Jan Rozen and Arnold Maloff to convert a portion of the premises at 2 Winter Street, Salem, Massachusetts, to professional dental offices. � f � Name: Address: Name: /r�, j`j/ J;2. Address: . Name: �� Address: Name: l/ J Address: -->—/ Name. Address: Name: /(/ j_ Address: 0 Name ` Address: �� A,, Nary e: U�1 I Address: 'i Nam e:^ Address. lam Name: % 6�9 %G1e � Address: S . i Name: Address: ydie NameX// Address: Nam O/� Address: / Name: Address: Z Name: 44 j Address: Name: Address: Address: Name: Address:,),� Name: Address: c Name: Address: Name:�i\ q-y\ Address: Name: Address: 0 . ktfu aE Am, 4! Ilttnn�� <a, 1(J-ne �aLem Green May 16, 1983 Mr. James B. Hacker, Chairman Board of Appeal One Salem Green. - Salem, MA. 01970 Dear Mr. Hacker: The Planning Board has discussed your upcoming agenda and wishes to comment on the following petitions: Regarding the petition of Thomas J. Boucher for a Special Permit to extend non-conforming front setback and change from one non-conforming use to another, also Variances from setbacks and parking as needed to allow the construction of an addition at 44 Jefferson Avenue, the Planning Board re- quests that the Board of Appeal consider the traffic flow on this main artery and if this proposal will slow down the traffic flow, provisions should be made for off-street parking. Regarding the petition of Aser Frisch for a Special Permit to add a fifth unit to an existing four-unit dwelling at 198 Lafayette Street, the Plan- ning Board is opposed to adding an additional unit if off-street parking is not available. - - - Regarding the petition of Jan Rozen and Arnold Maloff for a Variance to allow professional dental offices on the first floor of 2 Winter Street, the Planning Board is opposed to further encroachment of offices into this residential and further notes parking problems in this area. Thank you for-your consideration of these comments. Sincerely yours, f,_9j0 eek " ° e tit Walter B. ,Power, III �. Chairman - . Ctv of I�ztt, �tchtz E z 1 �;�IMnnin� �nttr3 (One §alem Green May 16, 1983 Mr. James B. Hacker, Chairman - Board of Appeal One Salem Green - - Salem, MA. 01970 Dear Mr. Hacker: The Planning Board has discussed your upcoming agenda and wishes to comment on the following petitions: Regarding the petition of Thomas J. Boucher for a Special Permit to extend non-conforming front setback and change from one non-conforming use to another, also Variances from setbacks and parking as needed to allow the construction of an addition at 44 Jefferson Avenue, the Planning Board re- quests that the Board of Appeal consider the traffic flow on this main artery and if this proposal will slow down the traffic flow, provisions should be made for off-street parking. Regarding the petition of Aser Frisch for a Special Permit to add a fifth unit to an existing four-unit dwelling at 198 Lafayette Street, the Plan- ning Board is opposed to adding an additional unit if off-street parking is not available. Regarding the petition of .Jan Rozen and Arnold Maloff for a Variance to allow professional dental offices on the first floor of 2 Winter Street, the Planning Board is opposed to further encroachment of offices into this residential and further notes parking problems in this area. Thank you for your consideration of these comments. Sincerely yours, de:L - - Walter B. Power, I22 - Chairman 0.9 �l t tol A J'� I i i l 2�• � � I �'eirr�DYin cl. av � t. OF MgS�O H ori ROBERT f B. No. 18487�0 D so� ��tF x ..-` cie v/�-y Sis�x✓�ccs /�: a7 �c`4i�vn y 11 - \ X -- x 1� 1 T Su T i .r. - 7REATMIEW- 49 \ T i . , JCI TING - ---------. _ _ tzE 'IDB� To iRE.�'L.J'N 8U51�, oFF (FO :R55ID• arlw) WAMN6 IZ 6U( 3 C.AR 6hrA rj J tib �.tT1K! '( EKTit R . ... , °� ° i 1 j cl Q b � s } � low � I ` -- ��p� IF-A I I i Sr. >= LhWN To � N� � o i it i . r i O Y�Lt�tG 2 Wl►.1T1e 5�1TiI- "1 pA5>✓D ON Pl.Of PCAN� 1:5S��C 5URVI�,y AM51 M RA6rt AH MAGL�ANAla5H • I NC BatlON, MA - APRIL M/ Q3