48 WEBB STREET - ZBA -- 48 WEBB STREET
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CITY OF SALEM, MASSACHUSELT,,4Lr SALEM, MA
BOARD OF APPEAL CLERKS OFFICE -
120 WASHINGTON STREET, 3RD FLOOR
1 lit Y SALEM, MA 01 970
TEL. (978) 745.9595
Fax (976) 740-9846
STANLEY J. USOVICZ, JR. -IDDII MAY -4 P r 51
MAYOR
DECISION ON THE PETITION OF KRISTI HANSON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 48 WEBB STREET R-2
A hearing on this petition was held on April 21, 2004 with the following Board Members
present: Nina Cohen, Chairman, Stephen Harris, Nicholas Helides, Joseph Barbeau and
Bonnie Belair. 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 requests a Special Permit to allow the sale of chocolates from the property
located at 48 Webb Street R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), 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 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of 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.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures 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, and after
viewing the plans, makes the following findings of fact
J
CI CLERK'S OFFICE
DECISION ON THE PETITION OF KRISTI HANSON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 48 WEBB STREET R-2
page two P 2 58
_2DD4 MAY -U
1. Petitioner Kristi Hanson appeared and represented herself at the hearing.
2. The Petitioner would like to sell chocolates from her property at 48 Webb Street.
3. There will be no other employees.
4. Most of the sales will be through the Internet and there will be no walk in traffic.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. Petitioner shall obtain permission from the Health Department.
3. There will be no walk in retail sales allowed.
Special Permit Granted 60,x�
April 21, 2004 Bonnie Belair S
Board of Appeal J
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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 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 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.
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