21 NORTH STREET - ROSEN, ALVIN& REBECCA - ZBA 21 North St. (R-2)
Alvin & Rebecca Rosen R
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Alvin & Rebecca Rosen
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DECISION ON THE PETITION OF RICHARD M. RILEY FOR A,�VARIP.NCE
AND SPECIAL PERMIT FOR 21 NORTH ST. , SALEM
A hearing on this petition was held December 5, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski and Associate
Member Bencal. 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
Lith Massachusetts General Laws Chapter 40A.
petitioner is .requesting a Variance to use the building as a law office and a
= ]Special Permit to allow extension of existing nonconforming side setback in this
- _ �R-2 district.
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= _ T ,1 e l�riance which has been requested may be granted upon a finding of the
- =Boar& that:
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a. special conditions and circumstances exist which especially affect
ZED- the land, building, or structure involved and which are not generally
r affecting other lands, buildings and structures in the same district;
5 b. literal enforcement of the provisions of the Zoning Ordinance would in
volve substantial hardship, financial or otherwise, to petitioner; and
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 purposes of the Ordinance.
the Beard of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
- - _ - 1 . The lot was undersized;
2. Expanding the building would be detrimental to the public good;
c I. Not sufficient parking on premises;
C
L. Street parking would exacerbate an already dangerous and congested
situation.
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 . Petitioner failed to demonstrate any hardship;
2. Relief requested cannot be granted without substantial detriment to
the public good.
Therefore, the Zoning Board of Appeal voted 4-0 against granted the Variance and
Special Permit requested.
DENIED j;
Ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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DECISION ON THE PETITION OF RICHARD SOO H00 (OWNER) , DR.
ALVIN ROSEN. (PETITIONER) FOR A VARIANCE FOR 21 NORTH ST. , SALEM
A hearing on this petition was held February 20, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski and Associate
Members Bencal and 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 is requesting a Variance to allow the premises to used as a dental
office in this R-2 district.
The provision of the Salem Zoning Ordinance which is 'applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or
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.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The was no opposition to petitioner's plan;
2. Would be in harmony with the neighborhood;
3. Variances have been granted on either side of the property for
expanded use 'other than R-2;
4. House has been vacant approximately two years;
5. Abutters appeared in favor;
6.. This use would generate less traffic than other commercial uses.
On the above findings of fact, and on the evidence presented at the hearing, the
Board of Appeal concludes as follows:
DECISION ON THE PETITION OF RICHARD SOO HOO (OWNERS &
DR. ALVIN ROSEN (PETITIONER) FOR A VARIANCE FOR
21 NORTH ST. , SALEM
page two
1 . Special conditions and circumstances exist which affect this lot
but do not affect the district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship upon petitioner; and
3. The Variance requested can be granted without substantial detriment
to the public good and without substantially derogating from.the intent
of the district or the purposes of the Ordinance;
4. This would be the best use for the property.
Therefore, the Zoning Board of Appeal voted unanimousl 5 - 0 to grant the petitioners
the requested Variance to allow premises to be used as a dental office under the
following terms and conditions:
1 . Seven (7) parking spaces be maintained on site;
2. Automatic smoke detectors be installed in accordance with the
Salem Fire Department.
VARIANCE GRANTED
dime§ B. Hacker, Chairmanj��
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AF:EAL FRO':1 THIS DECISION, IF ANY. SHALL BE G.ADE PURSJANT TO SECTION 17 OF THE 12:ASS.
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PLOT PLAN OF LAND
IN
SALEM, MA.
FOR
(jjl `C e eN \ RAYNIONa �o
MCHANUS _ ALVIN ROSEN" `�'i�.
No. 4234
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�'sri' Showing Proposed Parking
P /'
- `�hU SUPYE��P�
SCALE I °= 10' FEB. 1985
LANDMARK ENGINEERING a SURVEYING INC.
LYNN, MA.
VA
REALTORS
February 8, 1985
To Whom It May Concern,
Re: 21 North St. , Salem, Mass.
Ever since May 1, 1984 this property has been on the market! We
have documentation of many, many showings and open houses that did
not result in any positive buyers. It finally went underagreement
twice. Both times the buyers were professional people who were -
interested in situating their office at the location. The first buyer
was a podiatrist. The second buyer, a lawyer.
Of the many showings to people who would use it as a private
residence the interest was absolutely not there due to the heavy
traffic that passes by the property daily. Naturally, it did not
appeal to any family with children. Sandwiched between two office
buildings and in the vicinity of other businesses this property is not
conducive for a personal residence.
The owner Mr. Richard SooHoo inherited the property, which was
built by his parents when they owned SooHoo's laundry. At that time
it was commercial property and has since reverted back to residential
when the laundry was torn down.
Elbe SooHoo has kept the property vacant, at out request so we
could keep showing it and not disturb any tenants. Mr. SooHoo lives
on Summit Ave. , in Salem.
Dr. Rosen, the buyer, has plans to keep the building as is and redo
the outside in keeping with the flavor of the neighborhood.
Sincerely,
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6
Suzanne R. Audette
Listing Broker
VERNON A. MARTIN, INC., REALTORS • 199 Jefferson Avenue, Salem, Mass. 01970 • (617) 745-6002
One of the Oldest and Largest Real Estate Firms serving Northeastern Massachusetts with offices in Beverly Farms,Danvers,Georgetown,
Gloucester,Ipswich,Newburyport,Salem,Topsfield,and Relocation,New Construction,Condominium,and commercial Investment Divisions.
J'S�s�iiaG.11�ceG
019y0
('619) 7/l/l-0/l97
1MM ccs February 6, 1985
Board of Appeals
City of Salem
Gentlemen :
I have been presented with the plan of Dr . Alvin Rosen , D . D . S
concerning property on North Street which he proposes to become an
office for the practice of dentistry , a non-conforming use for the
zone in which the property is .located .
As a neighbor, it is my opinion that this represents an excellent
use for this property and urge you to grant the necessary permission
to develop this property as he proposes .
ctf y
r�i J . Murp Jr.
Owner, ur by Funeral Home
JJ� .CCLdY[L//J.GYCCG
</am.✓�.oeoa�..eet/e. O/970
('6W/) 7//4-0/%9T
February 6, 1985
Planning Board
City of Salem
Gentlemen :
I have been presented with the plan of Dr. Alvin Rosen , D . D . S
concerning property on North Street which he proposes to become an office
for the practice of dentistry, a non-conforming use for the zone
in which the property is located .
As a neighbor, it is my opinion that this represents an excellent
use for this property and urge you to grant the necessary permission
to develop this property as he proposes .
ct y
ranci ut"pbyJ bOwner , u phy Funeral Home
PRACTICE LIMITED TO TELEPHONE
PERIODONTICS
(619) 741-0146
ALVIN ROSEN. D.D.S.
296 ESSEX STREET 1 ROOSEVELT AVENUE
SALEM, MASSACHUSETTS 01970 W. PEABODY, MASSACHUSETTS 01960
1/22/85
P E T I T I O N
WE THE UNDERSIONERS DO NOT OBJECT TO THE GRANTING OF A
VARIANCE TO ALLOW PROPERTY TO BE USED AS A DENTAL, OFFICE
AT 21 NORTH STREET, SALEM MASSACHUSETTS:
NAME: LOCATION:
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PETITION FOR VARIANCE AT
21 NORTH STREET
SALEM, MASSACHUSETTS
We, the undersigned, have reviewed
(1 ) the application of Richard Soo Hoo, owner of 21 North Street, Salem,
Massachusetts, for a proposed variance and
(2) the plan to be submitted at the coming hearing by Dr. Alvin Rosen, 9
proposed purchaser, and
we support the approval of this variance by the City of Salem board- of Appeals.
NAME (SIGNATURE) NAME (PRINT) ADDRESS
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