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22 WEBB STREET - ZBA (3) 22 Webb St. R-2 — -- Raymond Page y «& m . 5 ���. = , : w > � , ��{ � \ . ©��\ . : y »� . 2 � � \ �`/ : ��. / ^ � \ \ . �~ \� ` / � v�: � �\ :! _��} . � $�ƒ � / \ / �� , \ / \ ® � \ - _ . / . � �\ w S J0. Oda h IS. -. 0 Z 7 V �IN 7 0. W� I �jdu6 _ }^ � N4 z . . . � �/ - �� y G V A n V '1 Y J7 s OS 7 ON v' 7s l:l JUL i I ofttlem, � Httstttljuse##s s: ? �NOttrd of Av `Pi4T ; DECISION ON THE PETITION OF RAYMOND PAGE FOR VARIANCES AT 22 WEBB ST. (R-2) A hearing on this petition was held June 27, 1990 with the following Board Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman; Joseph Correnti , Secretary, Richard Febonio and Mary Jane Stirgwolt. 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 Variances from lot size, width, setbacks, use and parking to allow two family to be converted to a four family in this R-2 district. The Variances which have been requested may be granted upon a finding of the Board that: a. 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 in the same district. b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; 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 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 . The building is not presently in compliance with the requirements of the Salem Fire Department relative to smoke and fire safety. 2. The four units proposed by the petitioner would be less than 500 square feet in size. 3. Petitioner has been assured by the M.B.T.A. that he may use the property governed by an easement, but this has not been put in writing. 4. No one spoke in favor of this petition. 5. On abutter spoke in opposition, citing the severe parking shortage in the immediate neighborhood. 6. This pacel is similar in size and character to many others in the R-2 zoning district. On the basis of 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 RAYMOND PAGE FOR VARIANCES AT 22 WEBB ST. , SALEM page two 1 . Special conditions do not exist which especially affect the subject,.property and not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 2-3 against the motion to grant the requested Variances. (Mr. Bencal , Mr. Luzinski and Ms. Stirgwolt voted opposed) . Having failed to garner the four affirmative votes necessary to pass, the motion to grant fails, the Variances are denied. DENIED Mary Stirgwolt4Aember 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'174* the Mass.General Laws, Chapter 808,and shall be filed withinC dar after the date of tiling of this decision in the Chapter 80(3ffice of Secuonhe city 11.the variafnc e pt.rsuant'.o Mass. General Laws. or ecial Permit Framed herein shall not take effect until a cop is has been file J, or that, If such appeal has been d ,ec,, bearing tho certification of the City Clerk that 20 days have elapsed and no app filed,that it has been dismissed or denied is recorded In the South Sd lto Registry of Deeds and indetexee un r Certif care of Tltla a a or the �er of record o� is rewrda awd no BOARD OF APPFFAU a J _ O _ E