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117 WEBB STREET - ZBA (2) St.117 Webb R-2 ` Paul Godjikian (owner) a 'S c� r' 'a Titu of halm flassadlusetts��a� '7 �r ?� Botts of Aupeal DECISION ON THE PETITION OF PAUL D. GODJIKIAN FOR VARIANCES AT 117 WEBB ST. (R-2) A hearing on this petition was held October 18, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal , Febom o, Luzinski , and Associate Member Labrecque. 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 necessary to redivide property at 117 Webb St. which is located in an R-2 zone and to construct a new dwelling on the lot identified as lot C on the submitted plans. The lot identified as lot B on plan submitted will decrease from 8,440 square feet to 7,057 square feet, the lot identified as lot C on the submitted plans will increase from 5,807 square feet to 7,190 square feet. 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; and 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 petition was not opposed at the hearing. 2. The two newly created lots will be similar in size to those existing in the neighborhood. 3. The use of the new lot for a residential dwelling will not be detrimental to the existing neighborhood. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district in general ; 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner; DECISION ON THE PETITION OF PAUL D. GODJIKIAN FOR VARIANCES AT 117 WEBB STREET, SALEM page two 3. Desirable relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances requested, subject to the following conditions : 1 . The petitioner must comply with all the requirements of the Salem Fire Department relative to fire safety. 2. Proper number be obtained from the Assessors Office and posted on the new dwelling. 3. All construction be in accordance with the State Building Code. 4. Petitioner obtain a certificate of occupancy prior to occupying new dwelling. 5. The new single family dwelling be places as per the plans and dimensions submitted to the Board of Appeal . VARIANCES GRANTED mes M. Fleming, Esqui Chairman, 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 17 of the Mass. General Laws, Chapter 808, and shall be filed within 20 days attar the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chanter 808, suction 11, the variance er 4pecual Permit grd nted herein shell not take effect until a copy of the decision, bearmg the cerufrcafion of lha City Clerk that 20 days have elapsed and no appeal has been filed, or that, ifsuch appeal has been filed, that it has been dismtsse4 or denied is recorded in the South Essex Registry of Deeds and indexed under the name or th= owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL r t0 ft. to No atti.west trapectv� l i LA e_- 15 Ff, to Webb St, pcopemt . is 4t . to lxlebsle.r S`1 .. proQeRTy 1re. 40 F to Sa�1 2sT plcape.tt� ►ire. All dev.s���. requ\re vnevE S Ave OAS'�v:0.a e � ex ee pt lot G � Le . Lpt51 szR s cd�s' 5 'te til LJ%t , ckoo-o,c-p-,k of the Y e•5k-b ©ttlnoo ��o�vA v��CJA lQ25e,tZ LOT-A p (existir;g) 1 71057 sq. ft. O .r LOT—B (proposed) - 3, 77�' sq. . _ ft 7, 1 90 s,.i . f t.� LOT-C (proposed) 112 ft. - . . __ - -- ----- --- -- W E B ST E R ST_