32 WEBB STREET - ZBA r32 Webb St. R-2
- �-- - -- --� � Beatrice & James Rudolph
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CITY CLERK. SMLEM.VASS.
DECISION ON THE PETITION OF JAMES & BEATRICE RUDOLPH FOR
A SPECIAL PERMIT AT 32 WEBB ST. (R-2)
A hearing on this petition was held July 29, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Luzinski and Associate Member
LaBrecaue. 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.
The petitioners, owners of the property, are requesting a Special Permit to
extend nonconforming rear setback to allow_ construction -of a second story deck
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
UIII F and IY. D, grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of non-
conforming 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 careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition;
2. The second story deck will not extend further than the existing building.
f On the basis of the above finding of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed deck will be in harmony with the neighborhood;
2. The granting of the Special Permit will promote the safety,
convenience and welfare of the City's inhabitants;
3. The relief requested can be granted without detriment to the public
good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
y DECISION ON THE PETITION OF JAMES & BEATRICE RUDOLPH FOR
' A SPECIAL PERMIT FOR 32 WEBB ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Second floor deck to be no larger than 101 x 121 , as per plans;
2. A building permit to be obtained prior to construction of said deck.
SPECIAL PERMIT GRANTED
Fy
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FROM THIS DECISION, IF ANY. SHA'_L BE MADE PURSUANT TO SECTION 17 OF THE I.1AM
CENi'RAL LA:VS. ChA?i ER M. A.,D SHALL DE FILED Vl!'HiN 20 DAPS AFTLR THE DATE OF FILING
OF TTI:S DECIS!CN I;J THE GFF!CE OF THE CITY CLERK.
P_'F.CANi TO ".A: . GE ._. ^!IAPiER 8CS. SECTI:N 11. .THE VAIJANCE G"o "MAL PE?:'IT
CRA;;TED H_REiiL SHE-LL^N-- iA:. EF:E�T Ur:TIL A COPY CF THE D_: .,," !, c=:..'-.iiVl '.dE ERR
FI„nii_iv :!F THE Ct.i .:LLB..: ln:;i '0 CANS HA,E EL='PSED - W,-F'+L HA." :-Ell HUD.
+R HAi. ;F SUCH F': APPE:iL Fi:,S E=E'i FILE. 'Ii=T IT H:S c:n ^v.o ,..:7 _ C'`_I::E.^, IS
REC---,DED IN THE „LUSH ESSEX RE_ ,.TRY r _.CS ;,;;D INDEXED L:2ER iHE NA,.;E OF THE O'WNU
OF RECORD OR IS RECORDED AND NGTED ON THE OVdNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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