82 WEBB STREET - ZBA ( 82 Webb Street R-2
Ernest Delpero r
Special Permit
�S
a f't#v of "SS alem,
Puttrbi of reFsd83 V9 —B P1(? :17
'Jp�01AlIY4�� -
rn1 t
(� �{J
q 1 C
DECISION ON THE PETITION OF ERNEST DELPERO FOR A SPECIAL
PERMIT AND.VARIANCE FOR 82 WEBB STREET
A hearing on this Petition was held on January 26 , 1983 with the following Board
Members present: James Hacker,. Chairman; Messrs. Hopper and Piemonte and Associate
Member Luzinski. Notice of the hearing was sent to abutters and others and a
notice of the hearing was published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A. .
The Petitioner has requested a Special Permit to allow the construction of a
four-family dwelling at 82 Webb Street. A Special Permit is needed because the
property is in an R-2 Zoning District,•' such a use is not otherwise permitted.
In addition, petitioner has requested a variance from minimum front and rear yard
requirements as well as lot area and denisty requirements.
In general terms, this Board is, when reviewing Special Permit requests, guided
by the rule that a Special Permit 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 and that the request is in harmony with the zoning ordinance.
The Board, after considering the evidence at the hearing on this matter, makes
the following findings of fact:
1. The Petitioner's_-proposed use of the site will have a beneficial impact
on the area and will replace a commercial structure that was destroyed by
fire.
2. The Petitioner's work is in keeping with the character of the area.
3. The proposed use of-the site was supported by .numerous neighbors and others.
On the basis of the above findings of fact, and on the evidence presented
at the public hearing, the Board of Appeal finds that the proposed use of the property
will promote the public health, safety, convenience and welfare and that the proposed
use of the property is in harmony with the Salem Zoning Ordinance. Accordingly,
. the Board unanimously approved the granting of a Special Permit to the Petitioner.
With respect to the Petitioner's request for a variance, the Board of Appeal finds
as follows:
1) Thp .property in question is unique because of its peculiar configuration and
size;`
2) The conditions described above especially affect the land in question but
do not generally affect the zoning district in which the land is located;
3) The conditions described above which affect the land in question, but not
the zoning district generally cause the following special hardship: unless
a variance is granted, it will be virtually impossible to construct anything at
the site;
f -
DECISION ON THE PETITION OF ERNEST DELPERO '83 FEB -8 A10, :17
FOR A SPECIAL PERMIT AND VARIANCE
FOR 82 WEBB STREET
Page 2 CITY CLER OFFICE
January 26 , 1483 SALEi r
4) The desired variances may be granted without substantial detriment to
the public good. In fact, the grant of the variance will improve
the appearance of the neighborhood.
The Board of Appeal therefore unanimously voted in favor of the requested
variance.
The requested Special Permit and variance is granted in accordance
with the following terms and conditions:
1) The property may be used for the construction of a four-family dwelling
which shall be constructed in strict compliance with the plans -
submitted to the Board which provide, inter alia, for six parking spaces.
2) A Certificate of Use and Occupancy shall be obtained prior to renting the
premises.
3) All construction shall comply with applicable fire safety codes.
' f 1
Anthony M. Fe herry
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 0§aqxe..t$Fy _ -
G--RAI. LAWS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF -THIS DECISION IN THE OFFICE OF THE CITY CLERK. / - -
PURSAHT TO MASS.. CENEP,AL LAWS. CHAPTER 808, SECTION 11,THE VARIANCE OR SPECIAL PERMIT .
GRANTED KREIN, SHALL NOT.TAKE EFFECT UNTIL A COPY OF THEDECISION. SEARING THE CERT- - - -
FICAFION OF THE CIN CLER; THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BZI! FiLSD, - -
OR THAT, IF SUCH AN APPEAL HAS BEEN .FILE, THAT IT HAS BEEN DIS.;".ISSED OR DENIED IS -
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNE2 -
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. -
80ARU OFAPPEAL -
.A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD & CITY CLERK
t-
, t
W
P t t
er' � r°.• -. � atS�� irrx 1jz ' PY ,x$ xo ra•
t
j
Yd #
' x k�cr fY1 4 .,�
Ac55HGWV3G s 7:SF `
C
4.
le 45
SCJ' .h ' r 4 °�N•': kY° a4 s'°ax
t
CJ G PT � .1.982
14
C—A /
21
' 1 .. r�' i *•`a5. +s :.s' y r''"a+��`e et{�a^�rA�'� ���p� �Y,�r�'�� s :x ��
yid..
L
n5"rzi i -' '
•IJP OOU'7' �'1 2 t
!`1 rNrM'vM cor ,/�e A. pc 2' DuEt1./�lr . 7 jo0 4 1 o64 T
MAx covGerArr`
• +( IN IMuoF" 'Cowr VAQQ
a.r11Nr .�` uM+' W,A67M Vofn ' o lot
'• - ►� iwlMuK , ..pEcr.N or= ZeAe YACO 30'
►1'Ar`I �tuM;"HEIyrIT o � (3ul Olu.9 351 a�:_ 4t,
MAXQo;. or STo2ra6
^AA % IMu ", NGIc,.ur. Or~ FENGat 6 '
MINIMUM DISYQNf tEN
d UIL-C) IP S ON LoT-
-q; 30 otic! �,vrt�o�Nc bM�
jr
y a
' t
f ti it ,
CTTT k
f. .
I £ F:§.. -
• 4
, i G
I,M
" r
rr`
S r A l£ S
D E G Ic
4- dr
r � Oe6 c C6 ) Y- 3 'VD
`I it rr— U cc f-
; ly
ko
5L D
Cir I DING II tD
IL
_.r- V O i It, • c_ s o o t L d Q
® 6'
\N E 3 r j , 7- �L A
Ad � i aC, b' t i - Ills 10
------ ti
t
,
�–}i +
– 1 1 DLTil*
_
71
�S4Ar.a � a
_ lJ � �AA �T�- SIPIF -WN HV
DATE f A/POOVBD By DRAWING NUMBER
A '- ; 2 - �N
WEAR ALBANENE 10 5055
MA 1
C HITECT5' STANDARD FORM
„a ,4c',
o .. ¢ 41
P A
s) G• UNpC w
V
to
Ll
P
Lr
. .... . . .. . .
T v • C. e
Xt
3 13
4. +g..
r s '
.'✓"`"c�^.---- _ _. .,b - �F' _� . _..z . . .:w`�`IS`.�_. ... .. iT'_^ 1T-:- _'T. __.:'S _ Pt.'. a`TY•F .. _
..
N
-- _ - - -- --_ � - -
77
J n r
I
a
T
►'�1 T e C � T L E v' !� T / 0
L.1
L5 ca
4. =
IV
Ert,
.
� � A2 4. • '( SCALE ORAWNRV —
c�a
,
DATE /,GI DRAWING NUM/ER
MADE IN U.5 A