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21 NORTH STREET - ROSEN, ALVIN& REBECCA - ZBA 21 North St. (R-2) Alvin & Rebecca Rosen R — J rn�v 1 V i - �_ --- - - " I��. �� �._r ,� �. <.- �Z�� ^ 21 North St. (R-2) I Alvin & Rebecca Rosen i� �l m ofttlem, Cus�ttt�ju�eff Ponra of �ppral 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. - Q = _ T ,1 e l�riance which has been requested may be granted upon a finding of the - =Boar& that: o 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 I CD L, (flit of 1�ajem, C ttssttc usetts 7 j� �attrD of �u}renl '!. 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. (E—ML LnV,S, CHAPTER SOS, Ai1D SPALL BE FlLCD THI"J 20 DA.$ AFTER THE DATE OF r`i LIC3 F6' E-CIS!OIN I!N THE OrRU OF THE CIT, CLERK. T -G" iD� $- 1 ..i 11. TLO \ AF. 'E nt CP,. - c 4','FI 9A'L I.; Tsc MFT UNTIL AGP) 0. THEOE— S f CF fHc CI'"i C_.R, aT .0 co OAt. 'vE ELIF ., D !!. - ALF S C r.. C� cc._D OF R Psi. IF ° r APPEAL ;%— E:E. 'P E. L-4. IT PAS JEEP . R !r, Tu_ „-.;TH ESSEX RECILIRI CF C:EDa AND !NOEX D .: n THE n:..c OF THE{' Of RECORD OR IS REGuRDEO AND NOTED 0!V THE OWNER S CERTIFICATE OF TITLE. _I BOARD OF APPEAL - 1 v Ji a r n/f 19 North st. Condo. Homeowners Trust l - 83.01 35.0 - - - cn z - - CD O m co � x N co _ m w "' _ 90N m tD _ -n w Ln 1 . . 12.1 f✓n• - — — 20. 71 % 1 e • 9 ' + n5-/f Chcima Reclty Trust T i, n/f F.J. & F.J. Murphy 48.83 23.05 25.78 F1 1 0 5.7 l'- 9, 2 9. 2 p, N 1 Existing Building 1 }¢ 21 11 o v E 95 F- o U oI til 1 _ U m� 4, 183 S.F. �/ s L — z I O I o L a 19 m rl U — Y - — -I in — — O I I � Iz, I I F 0 � I I 6 1e, ' ?'O �ose� o C) t � - 20f 49.99 NORTH STREET NOTE All parking spaces are 9' X 19. PLOT PLAN OF LAND IN SALEM, MA. FOR (jjl `C e eN \ RAYNIONa �o MCHANUS _ ALVIN ROSEN" `�'i�. No. 4234 ,E �'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, �. 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: 16 2 216 jG, � yl � 3v � �� sEx ST cv S� le vn �(IW S ley Y + ' 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 it i �d liv+oY 7 . 6A 01 7. 6 LleNbk Si ,l c UNt nn.{,✓ i rvas, cn tA. ,v 8 S I&dera! t r