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22-24 WEBB STREET - ZBA 22-24 WEBB STREET y OPendbower Esse/te i 74520 40% P4 i Ao " IJR � rl Legal Notice j 1 CRY OF SALEM !{ BOARD OF APPEAL 978-745-9595,Ext 381 Will hold a public hearing for all persons interested in the petition sub- mitted ubmitted by RAYMOND PAGE requesting to modify previous decision dated February 27, 1991 to waive the j common ownership requirement and allow the new plan submitted for the property located at 22-24 Webb I Street R-2.Said hearing will be held on 1 Wednesday, December 14,2005 at 6:30 p.m., 120 Washington Street, 3rd floor,Room 313. Nina Cohen,Chairman LEM y CITY OF SALEM, MASSACHUSETTWELERK SAOFFICE A BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 ,700b FEB - I A 10: 24 TELEPHONE: 978-745-9595 FAX: 978-740-9848 DECISION OF THE PETITION OF RAYMOND PAGE REQUESTING TO MODIFY PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 22-24 WEBB STREET R-2 A hearing on this petition was held on January 18, 2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Edward Moriarty and Robin Stein. Notice of the hearing was sent to abutters and others and notices of hearing were properly published in the Salem Evening news in accordance with Massachusetts General Laws Chapter 40A The Salem Zoning Board of Appeals held hearings on December 14, 2005 and January 18, 2006 on the petition of Raymond Page to amend the variance he received from the Board, relative to the above referenced properties, on February 27, 1991. Said variance is recorded in the Essex South District Registry of Deeds in Book 10706, Page 591. The Board, with only four members sitting, opened the hearing on December 14, 2005. After giving a brief introduction of the project and addressing comments from the Board, Petitioner's counsel submitted a written waiver of any procedural defects resulting from the hearing commencing without a complete Board. FINDINGS OF FACT 1. The Petitioner owns the properties located at 22 Webb Street and 24 Webb Street, Salem, Ma. in the R-2 District. 2. On February 27, 1991 the then Board granted the petitioner a variance allowing 22 Webb St. to be used as a three unit residential structure and required as follows: The petitioner is to provide three parking spaces on site at 22 Webb St. And five spaces on 24 Webb Street as shown on the plan submitted, two of the spaces are to remain available for free and open use of the I residents of 22 Webb Street. Both 22 Webb St. and 24 Webb St are to remain in common ownership. 3. In support of his current application the Petitioner submitted a plan entitled"Plan of Land 22 & 24 Webb Street Salem Property of Raymond Page" dated December 27, 2005 and prepared by Gail L. Smith P.L.S. (the "Plan"). DECISION OF THE PETITION OF RAYMOND PAGE REQUESTING TO MODIFY PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 22-24 WEBB STREET R-2 4. The Plan shows a reconfiguration of the two properties including the removal and relocation of the existing lot line. As depicted each property will contain sufficient parking to support its existing use. 5. The Plan requires an additional twelve foot curb cut to access the newly designed parking for 24 Webb Street and shows the elimination of a lengthy curb cut that currently permits drivers to back out directly onto Webb Street 6. No neighbors spoke in opposition of the project and at least one neighbor spoke in favor of the proposal as the Petitioner has greatly improved the two properties and the new plan includes welcomed changes to the parking and the addition of shrubbery and green space. 7. The Board considered the granting the petition would eliminate the need for the shared parking variance that was previously granted, improves the existing parking layout and access to Webb Street and provides the Petitioner with greater flexibility in maintaining the properties. 8. Therefore, the Petitioner now asks the Board to waive the common ownership and shared parking requirements of the 1991 variance and to approve said Plan submitted with the present application. Therefore, the Zoning Board of Appeal voted 4 in favor and 1 in opposition to grant the request;subject to the following conditions: 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department shall be strictly adhered to. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. o r- d m co Ncn or o cT3 •• Y N t: DECISION OF THE PETITION OF RAYMOND PAGE REQUESTING TO MODIFY PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 22-24 WEBB STREET R-2 S. At such time as 22 Webb Street and 24 Webb Street, Salem, Ma are no longer held under common ownership or control, in the case of the properties being held in separate trusts or other instrument for liability, estate planning or other purposes, 22 Webb Street is to remain owner occupied. PETITION GRANTED Robin Stein JANUARY 18, 2006 Board of Appeal J o r rn o �rn u cn C:)r- T rn D 3 O y N S N A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision if an shall be made pursuant to Section 17 of the PP � Y. Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER January 18, 2006 978-741-4683 VIA HAND DELIVERY Nina Cohen, Chairperson City of Salem Zoning Board of Appeal 120 Washington Street Salem, Massachusetts 01970 Re: Raymond Page 22-24 Webb Street, Salem Dear Ms. Cohen: In connection with the above matter, which was continued to the meeting of January 18, 2006 at 6: 30 p.m. , on behalf of my client, Raymond Page, and with his assent, I hereby waive any procedural or substantive problems that may be created due to the fact that there were only four members present when the hearing began, and that there are five members, plus one alternate, present this evening. Very truly yours, Raymond Page, By his Attorneey,�, ^ John/ . Serafini, Sri � JRS, Sr. :dl cc: Mr. Raymond Page Board of Appeal On the Petition of Raymond Page, owner of the properties numbered 22 and 24 Webb Street, to amend prior Decision of the Board of Appeal dated February 27, 1991, so as not to require that both dwellings be kept under one ownership and to approve the attached plan showing each dwelling on a lot with sufficient parking to meet zoning requirements in an R-2 zone. No additional units are requested. i NOTES: — LOTS 1 & 2 ARE SHOVNN AS LOTS 233 & 234 ON CITY OF SALEM ASSESSORS MAP 41. > — ZONING DISTRICT IS R2— RESIDENTIAL TWO FAMILY. — ALL BUSHES IN PROPOSED PARKING AREAS ARE TO BE RELOCATED TO THE REAR OF PROPERTY. ti ev `V — LOT COVERAGE FOR LOT 1 IS 207.. LOT COVERAGE FOR LOT 2 IS 2690. MAXIMUM ALLOWED LOT COVERAGE IS 3590. rn 0.8, s=, shed 4g0 S,' c4 15.4' e shed OF Sq a a W z,. MAP 41 m r7'-5 IRON LOT 245 9 - � � ;,� ROD a lYi � s; 6_ SET I LOT 1 SHR�eeFRY = PROPOSED < yf LOT AREA = 6905 t S.F. EXISTING PROPERTY LINE 10 shed deck deck TO BE ABANDONED. " Z LOT 2 PROPOSED LOT AREA = 5392 t S.F. c MAP 41 t - - ,. , y I- - - - - - - - - - - - - - o - - - - a F LOT 232 Ideck age ar�pe � 3 deck 1 1 cvvto A � -T P Proposed parkin I^ n O ® #24 1 g N 1 I I II PARKINGI EXISTING J�� hProposed parking 2.6' O 1 2� © � I he m s l vic , F ° 3. r #22 I ; t -j? Vt ° PATH OF VEHICLE u'� °' In �°'° P '� , ``" N$ t}PROPOSEDBACKING OUT OF I `'$6 0 SPACE 4 DRIVEWAY 74 guy R=340 0 wire N h ' F' ma / O .gym ? I pole � ��"' `�`1�:�s �..,. .�- pole 1 ty N 21-25 aC Urpin9 7 � il"� � �''�`` yrs;. 4'43„W Proposed shrubbery ±... LIz:= 75. 71 k. ..` tiaw. ti'x+.;e*' �.„I `° -."'L42t$6-,� N78'2 455.58 R�F55.55 L=16.50 F tt *. t8.5' a1n existing shrubbery IRON existing shrubbery STONE curb a` `° rem _ to remain ROD BOUND _ t remain .. Existing curb cut to be obando 21.0 SET — �� '+t\; FOUND concrete ned existing curb cut to remain — — — — — Existing Lexisting curb cut Proposed Curb Cut T for handicapped romp or X22 I W to remoln ^ T LEGEND Egg S . IR PLAN OF LAND V,1H0f M4ys'cyG22 & 24 WEBB STREET rpm' EXISTING TREES/SHRUBS 2E GAIL � SALEM .F sMiTN 0 IRON ROD SET � PROPERTY OF No.35043 (RAYMOND PAGE `-so�sgEd0.,oQ,tao`' PROPOSED SHRUBBERY GRAPHIC SCALE fs°4dt LANDS) „ SCALIE 1 = 10 JANUARY 26, '2004 '°69 '° 20 '° NORTH SHORE SURVEY CORPORATION PROPOSED EDGE OF PAVEMENT ll 47 LINDEN STREET, SALEM, MA ( IN FEET978-744-4800 1 inch = 10 ft. #2118 I - i NOTES: I — LOTS 1 & 2 AR;E SHOWN AS LOTS 233 & 234 ON CITY OF SALEM ASSESSORS MAP 41. — ZONING DISTRICTf IS R2— RESIDENTIAL TWO FAMILY. 1 — ALL BUSHES IN PROPOSED PARKING AREAS ARE TO BE RELOCATED TO THE REAR OF PROPERTY. — LOT COVERAGE FOR LOT 1 IS 207. LOT COVERAGE FOR LOT 2 iS 26%. MAXIMUM ALLOWED LOT COVERAGE IS 35%. 0 to ti Y fp r ^ fV /0.8' 41, 51 shed S48o$�„ Cyry 4i shed E OF 16-41 a < I a 1. �a �,� MAP 41 �t V,_ Roo LOT 245 rn SET t, z i, W M� D I LOT 1 • PROPOSED ' LOT AREA = 6905 t S.F. 6 I i Q EXISTING PROPERTY LINE IP deck ABANDONED. BE ABNDONED. Baa shed deck I LOT 2 z \ PROPOSED "S48. \ 36 8 LOT AREA = 5392 t S.F. SS I t' I - - - - - - - - - - - - - - o ry MAP 41 „ M " -7 m - I 3 LOT 232 T11 ' 1 1 U 1 � 19.9" � 's, � deck c O t, .: r ekis O O3 3 grade remove uny� V� I . _ o0 2 re IParktng existing eme^t } : d=- I f_. I w p t O ck I Pavement -__ - - ,1 #24 proposed j parking '^ NI� 4 i I 1 I I I 4 r,, Pr apo,sed parking3 / I 112.6'' I '. O d shed PROPOSED �+ EXISTING PARKING PEASTONE —1L� n "EXISTING I remove I $I i #22 I PARKING existing �I' , pavement q { �Ia m � PATH OF VEHICLE xll— , °•' t „li �� PROPOISED $6 BACKING OUT OF SPACE 4 PEASTCONE ¢ a DRIVENNAY guy 8=340 0 / wire N remove exfsti I �' utility Proposed s n9 Povement / �'d '..',:.�. p. Pole Wale 1 � -r / rim th 't5f e I r D. {key« 21..20 b"n(3 i rl an- -7 4 2 a nW °Ur Proposed shrubbery L, 75 '1 , .t ” ~ �' �:' ,.-.tY .1.=42c$6r L.-16.50 % N7824 43 �, �� 18.5 ox» =455.58 R1}55 58 w t to cem existing shrubbery IRON existing shrubbe y STONE, " to remain ROD t remain r , , BOUND _ v. end of existing curb = SET OUND Exlstin 12• �i� » concrete 9 curb cut to be 12 — — — — -M - Odd concrete °b°ndoned e.tstln — — — — — Existing ete curb --�_/ 9 curb tut to remain Proposed Curb Cut existing curb cut for handicapped ramp for #22 T to remain I LEGEND S RF, WEBB _PLAN OF LAND 22 & 24 WEBB STREET yg4ti"�r SALEM C A A c*✓ ,'{ EXISTING TREES,/SHRUBS 40yG SALE M PROPERTY OF O IRON ROD SET i crdt vy SMITH - RAYMOND PAGE GRAPHIC SCALE No.Ma r SCALE 1" = 10' DECEMBER 27, 2005 PROPOSED SHRUBBERY R e� 1^ 10 0 b 10 20 .o o�f'rsr0ALL NORTHI SHORE SURVEY CORPORATION 47 LINDEN STREET, SALEM, MA ( W r'^.ET ) 978-744-4800 1 inch = 10 1t. #2118