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117 WEBB STREET - ZBA 117 WEBB STREET R-2 PAUL GOLD,TIRIAN i member of the hiring committee. F r Legal Notice i CITY OF SALEM BOARD OF APPEAL 745.9595,EXT.381 Will hold a public hearing for all persons interested in the petition sub- mitted by Paul D. Godjikian request- ing Variances necessary to redivide property and to construct dwelling on the proposed new lot for the prop- erty at 117 Webb Street R-2. Said hearing to be held Wednesday,Janu• ary 19,2000 at 6:30 P.M.,One Salem Green,2nd Floor. Nina Cohen,Chairman (1/5,12) cc: City Solicitor; Board of Appeals; Nina Cohen, Chairperson Appeals ANKELES, HARMON, BONFANTI, 4/6/00 DURKIN & VONTZALIDES, LLP COUNSELLORS AT LAW 27 Lowell Street LEONARD A.BONFANTI PEABODY, MA 01960-5489 DAVID L.ANKELES ' HARRY ANKELES PHILIP T.DURKIN (1958-1990) ATHAN A.VONTZADDES AREA CODE 978 NICHOLAS P.VONTZALIDES Telephone 531-7000 FAX 532-3597 MARSHALL E.HARMON JAMES 1.aONEANTI E-Mail: ab@ahblaw.com (RETIRED) April 6, 2000 ;1 Deborah Burkin Shaw, City Clerk — = Salem City Hall 93 Washington Street =' Salem, MA 01970 RE: NOTICE OF APPEAL TUCKER VS. BOARD OF APPEALS BOSTON LAND COURT CIVIL ACTION NO.: 263292 Dear Ms. Shaw: Please take notice that on April 6, 2000, I filed a Complaint in the Boston Land Court Department seeking to annul the grant of a variance to Paul D. Godjikian for property situated at 117 Webb Street, Salem, Massachusetts. The variance decision was filed with your office on March 20, 2000. This notice is hereby given pursuant to M.G.L. Chapter 40A, Section 17, and a copy of the Complaint is attached hereto. Very truly yours, Ankeles, Harmon, Bonfami, Durkin& Vontzalides By. Athan A. Vontzalid s _ AAV:gm COMMONWEALTH OF MASSACHUSETTS SUFFOLK,SS. LAND COURT DEPARTMENT CIVIL ACTION NO. 2�_D DONALD A. TUCKER and ) TINA M. TUCKER, ) Plaintiffs, ) V. ) COMPLAINT STEPHEN C. BUCZKO, ) NINA V. COHEN, ) RICHARD E. DIONNE, ) STEPHEN R. HARRIS, ) RONALD B. HARRISON, ) PAUL VALASKATGIS,and ) MICHAEL D. WARD, as they are ) Members of and constitute the ) Board of Appeals of the City of ) Salem, and ) PAUL GODJIKIAN, ) Defendants. ) INTRODUCTION 1. This is an appeal pursuant to M.G.L.Chapter 40A,Section 17,of a decision of the City of Salem Board of Appeals (hereinafter referred to as the "Board of Appeals") acting as the Variance Granting Authority under the Salem Zoning Ordinance, wherein the Board of Appeals exceeded its authority by granting certain dimensional variances to Defendant,Paul Godjikian,allowing for the sub-division of property numbered 117 Webb Street,Salem;Massachusetts,into two lots and for the construction of an additional dwelling on one of the lots. The Board exceeded its authority by granting such variance without adequate factual or legal grounds,and the Plaintiffs seek to have the Court annul that decision. A certified copy of the decision of the Board of Appeals of the City of Salem, as filed in the office of the City Clerk,for the City of Salem on March 20,2000,is attached hereto and incorporated herein by reference and marked"Exhibit A". PARTIES AND JURISDICTION ANKELES.HARMON. 2. The Plaintiffs, Donald A.Tucker and Tina M. Tucker,currently reside at 169 North BONFANTI.DURKIN Street,Salem, Massachusetts and own the property known as and numbered 5-7 &VONTZALIDES.LLP Webster Street,Salem, Massachusetts. COUNSELLORS AT LAW 27 LOWELL STREET 'EASO.V.MA 01960-59ll9 (970)531-7000 ' (701)581-7499 FAX(970)532-3597 3. The Plaintiffs' property is situated directly opposite a public way from the Defendant's, Paul Godjikian,property,and as such the Plaintiffs are parries in interest and parties aggrieved within the meaning of M.G.L.,Chapter 40A. 4. The Defendant, Paul Godjikian, owns the property situated at 117 Webb Street, Salem, Massachusetts (hereinafter referred to as the"Locus'). The Locus contains approximately 14,250 square feet of land,with an existing two and one-half story dwelling. The dwelling is currently being used as a three family dwelling in violation of the Salem Zoning Ordinance. The Locus is situated in the R-2 Zoning District. 5. The Defendant,Stephen C. Buczko,resides at 27 Surrey Road,Salem, Massachusetts, and is sued in his capacity as a member of the Board of Appeals and not individually. 6. The Defendant, Nina V. Cohen,resides at 22 Chestnut Street,Salem, Massachusetts, and is sued in her capacity as a member of the Board of Appeals and not individually. 7. The Defendant, Richard E. Dionne,resides at 23 Gardner Street,Salem, Massachusetts,and is sued in his capacity as a member of the Board of Appeals and not individually. 8. The Defendant,Stephen R. Harris, resides at 30 Boardman Street,Salem, Massachusetts,and is sued in his capacity as a member of the Board of Appeals and not individually. 9. The Defendant,Ronald B. Harrison,resides at 450 Lafayette Street,Salem, Massachusetts,and is sued in his capacity as a member of the Board of Appeals and not individually. 10. The Defendant, Paul Valaskatgis,resides at 24 Gables Circle,Salem, Massachusetts, and is sued in his capacity,as a member of the Board of Appeals and not individually. 11. The Defendant, Michael D. Ward,resides at 4 Hilton Street,Salem, Massachusetts, and is sued in his capacity as a member of the Board of Appeals and not individually. 12. The Plaintiffs are aggrieved by the decision of the Board of Appeals in granting the Defendant's requested variance relief. STATEMENT OF THE CASE ANKELES,HARMON, BONFANTL DURKIN 13. The Plaintiffs are currently performing renovations to the building situated at 5-7 VONT A.LIDES.LLP Webster Street,Salem, Massachusetts in order to use it as their new principal COUNSELLORS AT LAW residence. 27 LOWELL STREET EABODV.MA 01960-5489 (978)531-]000 2 (781)581-7444 FAX(978)532-3597 14. On or about December 27,1999, the Defendant, Paul Godjikian made application to the Board of Appeals requesting that the Board grant him certain variances as to the density regulations of the City of Salem Zoning Ordinance. A copy of the application is attached hereto as"Exhibit B". 15. The Defendant, Paul Godjikian, requested permission from the Board of Appeals to divide his existing house lot into two lots which would not be in conformity with the current frontage, area and set-back requirements of the Salem Zoning Ordinance. 16. The Defendant, Paul Godjikian,in addition to the variance relief requested herein, further requested various forms of dimensional relief which would bring the existing dwelling into conformity and to allow for the construction of a new home on the newly created lot. 17. The Board of Appeals held a public hearing on the Defendant's application on or about January 19, 2000. 18. The Plaintiffs appeared at the public hearing and voiced their opposition to the allowance of Defendant's requested variance. 19. At a continued public hearing on March 15,2000, the Salem Board of Appeals on the application of the Defendant,Paul Godjikian,voted to allow the requested variances from the provisions of the Salem Zoning Ordinance as it applies to the premises known as 117 Webb Street,Salem,Massachusetts. 20. The Board of Appeals decision to grant the requested variance relief will cause the Plaintiffs to be subject to, and to suffer from, traffic congestion,parking congestion, noise,exhaust pollution,light pollution,view obstruction,visual pollution,and will severely detract from the attractiveness,usefulness and monetary value of Plaintiffs' property. 21. The reasons for the decision made by the Board of Appeals are insufficient in law to warrant the granting of a variance pursuant to the Salem Zoning Ordinance and under the provisions of M.G.L. Chapter 40A,Section,10 and 15,and the allowance of the variance by the Board of Appeals is not supported by proper reasons as required by the Salem Zoning Ordinance and by M.G.L.Chapter 40A. 22. There are no circumstances relating to the soil condition,shape or topography of the land or structures on the land of the Defendant,Paul Godjikian, and especially affecting such land or structures but not affecting generally the zoning district in which the Defendant's property is located,or in which a literal enforcement of the zoning ordinance would involve substantial hardship,financial or otherwise to the Defendant, Paul Godjikian. ANKELES.HARMON. BONFANTI.DURKIN 23. The decision of the Board of Appeals granting the variance relief cannot stand T 6 VONALIDES.LLP unless the Board specifically finds that each statutory requirement has been met. COUNSELLORS AT LAW The specific findings necessary to satisfy the requirements of a granting of a 27 LOWEU-STREET variance are not met by mere repetition of the statutory language. 'EABOD V,MA 01960-S499 (9]0)531-7000 3 (791)561-7494 FAX(976)532-3597 f 24. The decision of the Board of Appeals exceeds the authority of said Board as a matter of law and is arbitrary and capricious because,among other reasons, the decision fails to state a legally tenable reason for granting the variance relief and the reasons cited in the decision for granting the variance relief are inadequately supported by specific findings. WHEREFORE, the Plaintiffs pray that this Honorable Court: 1. Annul the decision of the Board of Appeals; 2. That this Honorable Court enter an order denying Defendant's variance application or directing the Board of Appeals to deny said application, 3. Award Plaintiffs their costs and attorneys fees in this action; and 4. Grant such other and further relief as this Court deems appropriate. DONALD A.TUCKER and TINA M. TUCKER, PLAINTIFFS By their attorneys, ANKELES,HARMON,BONFANTI, DURKIN&VONTZALIDES Dated: April 6, 2000 Athan A. Vontzali s BBO #541959 27 Lowell Street Peabody, MA 01960 (978)531-7000 ANKELES,HARMON, BONFANTI,DURKIN 6 VONTZALIDES.LLP COUNSELLORS AT LAW 27 LOWELL STREET `EABOOV.MA 01960-5489 (978)531-7000 4 (781)581-7994 FAX(978)532-3597 Exhibit A Tito of "�3; ttlem, Anssadjus'etts s oura of eul Ll r ^r 1 DECISION OF THE PETITION OF PAUL D. GODJIKIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 117 WEBB STREET R-2 A hearing on this petition was held March 15, 2000 with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Richard Dionne and Stephen Buczko. 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 petitioner is requesting Variances from side and rear setbacks to construct dwelling on the proposed new lot for the property located at 117 Webb Street located in an R-2 The Variances, which have been requested, may be granted upon a finding by this 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 structure invole. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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. Attorney Robert Ledoux of Salem represented the petitioner Paul D. Godkikian. 2. Plot plans were presented at the hearing showing placement of the new home. 3. There was no opposition to the plans. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. DECISION OF THE PETITION OF PAUL D. GODJIKIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 117 WEBB STREET page two 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 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. Petitioner shall comply with all city and state stature ordinances, codes and codes regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Petitioner shall obtain proper street numbering from the City Assessors Office and display number to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction, including, but not limited to, the Planning Board. Variance Granted March 15, 2000 Richard Dionne, Member Board of Appeals o i CO DECISION OF THE PETITION OF PAUL D. GODJIKIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 117 WEBB STREET page three 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 Massachusetts General Laws 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 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. TRUE Copy CITY CLERK SALEM, mpSS. f itu of _ slrm, iliassachusdts 1 2�'414 S� -Sourb Of Az _ Y! DECISION ON THE PETITION OF PAUL O. GOOJIKIAN 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 , Febonio. 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 8 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 p: opert o. , not the district in general ; 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner; . .t . DECISION ON THE PETITION OF PAUL 0. GOOJIKIAN 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 pasted 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, squi7 Chairman, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, it any.shall be made pursuant to section 17 of - h alterAthe date of filing fcter th BO and n the office oft he C city Clerk.n Pursuant to Mass.General Laws. Cho?ter 130$.S•:etion 1 t. the variance C, 4-ucu1 Permit minted herein sl,oll not take effect until a copy of the ecaslon. beanna tno caruficcbon of in, city C!erk that 20 days have d no anpeat nos been tiled. or that.it such appeal has been elapsed an tiled. that d misse4 or denied is recorded in the South Essex it has been dis me or t'= owner of record or Registry of Deeds and indexed under the na is recorded and noted on the owner's certiticate of Title. BOARD OF APPEAL The grant of a variance in accordance with the attached plans would allow the construction of a home on a lot that is larger than most lots in the immediate vicinity. Those adjacent lots and their square footage are: 1) 20 Bridge Street 2,909 sq. ft. 2) 125 Webb Street 1,517 sq. ft. 3) 123 Webb Street 3,276 sq. ft 4) 121 Webb Street 3,600 sq. ft 5) 119 Webb Street 7,450 sq. ft 6) 117 Webb Street 7,058 sq. ft (parcel involved) 7). 115 Webb Street 7,192 sq. ft (parcel involved) 8) 16 Pleasant Street 5,700 sq. ft. 9) 4 Webster Street 3,772 sq. ft. 10) 1 Webster Street 5,000 sq. ft. 11) 3 Webster Street 5,025 sq. ft. 12) 5-7 Webster Street 9,306 sq. ft. 13) 101 Webb Street 2,895 sq, ft. Given all of the above, it is the Petitioner's belief that granting this variance again is in accordance with the by-law inasmuch as the special conditions affect thislot and not the distinct in general. Literal enforcement of the Zoning Ordinance would constitute substantial hardship to the Petitioners. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the ordinance. APPEAL CASE NO. . . . . . . . . . . . 3 .`����'� cif nf �c'�zlPm •�����rflu�Pff� �narb rrf cAuF-?zd TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: . . . . . . . .117. Webb. Street . . . . .Street; Zoning District. . . . R? . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. CO Plus desdc„�ibing the work proposed have been submitted to the Inspector of Buildings intj.�ccord4hce with Section IS A.1 of the Zoning Ordinance. Lo CL FL W C L-1 N s T J d - DIRECT APPEAL ,3 rn '9 N O The Application for Permit was denied by the Inspector of Buildings for the following reasou(s) : DIRECT APPEAL The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogat' from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: The undersigned was granted approval by this Board to divide the lots as shown on the plan submitted herewith on October 18, 1989. Mr. Godjikian received a demolition permit and removed both the inground pool and shed. Unfortunately, he suffered a heart attack shortly thereafter. He was also under an order from the Board of Health to delead the property at 117 Webb Street. As a result of both of these events, he never was able to undertake any new construction. He was mistakenly informed that his having acquired the demolition permit was all that was required to maintain the grant of this Board. He was never informed that the variances granted had expired until he applied for a building permit. SEE ATTACHED Paul Godjikian Address 117 WebbStreet, Salem, MA Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner.Robert A: Ledoux, Esquire 314 Essex St. , Salem, MA QAddress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telepho e. 978-741-2111 . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . . . . . By. . . . . . . . . _ . . Three copies of the application must be filed with the Secretary of the Board of Appe with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior . to th meeting of the Board of Appeal, Check payable co the Salem Evening News. PI1TITION TO BOARD OF APPEALS LOCATION , a Petitioner. . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -• CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n PETITION APPROVED. . . . . . . . . . . . . ( )• II' DENIED. . . . . . . . . . . . . ( ) Date : . . . . . . . . 19 . r - The grant of a variance in accordance with the attached plans would allow the construction of a home on a lot that is larger than most lots in the immediate vicinity. Those adjacent lots and their square footage are: 1) 20 Bridge Street 2,909 sq. ft. 2) 125 Webb Street 1,517 sq. ft. 3) 123 Webb Street 3,276 sq. ft 4) 121 Webb Street 3,600 sq. ft 5) 119 Webb Street 7,450 sq. ft 6) 117 Webb Street 7,058 sq. ft (parcel involved) 7). 115 Webb Street 7,192 sq. ft (parcel involved) 8) 16 Pleasant Street 5,700 sq. ft. 9) 4 Webster Street 3,772 sq. ft. 10) 1 Webster Street 5,000 sq. ft. 11) 3 Webster Street 5,025 sq. ft. 12) 5-7 Webster Street 9,306 sq. ft. 13) 101 Webb Street 2,895 sq. ft. Given all of the above, it is the Petitioner's belief that granting this variance again is in accordance with the by-law inasmuch as the special conditions affect thislot and not the distinct in general. Literal enforcement of the Zoning Ordinance would constitute substantial hardship to the Petitioners. Desirable relief can be ranted without substantial detriment to the public good g P and without nullifying or substantially derogating from the intent of the ordinance. APPEAL CASE NO. . . . . . . . . . . . 34s f�HV IIf �gII2Irh lI{ CAIIgPIIl TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: . . . . . . . .117. Webb_ Street . . _ .Street; Zoning District. . . . R? and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . . . . . . . of the liassachusett State Building Code. Plans describing the work proposed have been submitted to the Inspector of Building in aiF,cordancz with Section I% A.1 of the Zoning Ordinance. CS C DIRECT APPEAL n r C'7 -r7 i N) CD cn ' J > r .� z i C� rn� The Application for Permit was denied by the Inspector of Buildings2tor the foilowii reason(s) : DIRECT APPEAL The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogati from the intent and purpose of the Zoning Ordinance and Building Code for the follo% ing reasons: The undersigned was granted approval by this Board to divide the lots as shown on the plan submitted herewith on October 18, 1989. Mr. Godjikian received a demolition permit and removed both the inground pool and shed. Unfortunately, he suffered a heart attack shortly thereafter. He was also under an order from the Board of Health to delead the property at 117 Webb Street. As a result of both of these events, he never was able to undertake any new construction. He was mistakenly informed that his having acquired the demolition permit was all that was required to maintain the grant of this. Board. He was never informed that the variances granted had expired until he applied for a building permit. SEE ATTACHED Ower. . . . . . Paul. . .Godjikian . . . . . . . . . . . . . . . . . . . . . . . . Address117_Webb Street, Salem, MA Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitiouer.Robert A. Ledoux:Esquire ;� ^ Q Address. 314 Essex St:, Salem: MA �l�c { 978-741-2111 _ _ _ _ _ _ Dace. Te�l�ep!%hone. . . . . . . . . . . . . . . . . . . . . ByXJ. . . . . . . . 2 . . . . . . Three copies of the application must be filed with the Secretary of the Board of App with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior . to t meeting of the Board of Appeal, Check payable to the Salem Evening News. -fam 01 ces o/ .To6er1 A -fedoax 314 (issex cSl�eel 978-741-2111 cSalem, J0rassac,6usells 01970 ,`7ax 978-741-9958 February 15, 2000 Board of Appeals One Salem Green Salem, Massachusetts 01970 RE: 17 Webb Street Salem, MA Dear Members of the Board: The above-captioned was initially heard on January 19, 2000. It was continued for further hearing until February 16, 2000. I now understand that only four members of the Board, which originally sat on this panel, will be available for the February 16, 2000 hearing. I am, therefore, respectfully requesting that the matter be further continued to March 15, 2000. As counsel for Paul Godjikian, I waive all rights with regard to time requirements for the Zoning Board of Appeals. Thank you for your consideration. Very truly yours, ROBERT A. LEDOUX RAL/leh File #2199.01 lam Offices of .To6er! 5Y Zeo(oux 314 (issex cSlreel 97g-741-211/ c5alem, i7assaa6usells o197o -lax 978-741-9958 February 15, 2000 Board of Appeals One Salem Green Salem, Massachusetts 01970 RE: Request for Variance for Paul Godgikian Dear Members of the Board: At the time of the continuance on the hearing for the above-captioned property, you requested that the proposed dwelling be sited on the property and that a list of the variances requested also be submitted. We are happy to comply. The existing house at 117 Webb Street currently has inadequate rear and side yards on the right hand side as you face the property. Under the proposal as submitted those non-conformities would continue. In addition, we are requesting that the frontage be reduced to 58.12 feet and the area be reduced to 7,058 square feet. Lot 2 or the new lot to be created, conforms fully to the current zoning by-law with the exception of lot size. Our zoning by-laws requires 15,000 square feet but this lot will only have 7,192 square feet. This lot would again be substantially larger than most of the lost in the neighborhood. Thank you for your consideration. V truly urs, 4 ROBERT A. LEDOUX RAL/leh File /!2199.01 DATE OF HEARING �n4sr-o 16 PETITIONER LOCATION NOTION: TO GRANT SECOND .AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND I ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTI' NINA V. COHEN MICHAEL WARD RONALD HARRISON STEPHEN BUCZKO RICHARD DIONNE (� ASSOCIATE MEMBERS ?AUL Vn .EA lt11 CONDITIONS: C o V�� l 1 S v5-- r DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND I — I TO RE-HEAR SECOND I WITHDRAV SECOND CONTINUE S'cCOirD ROLL CALL ?RESENT GRANT DEll?T AdME:D wiTHDRAW RE-HEAR CONTT: NINA V. COHEN MICHAEL WARD RONALD K?RAISON STEPHEN BUCZKO RICHARD DIONNE ASSOCI=.TE MEMBERS PAUL V]4LRTR�I VLJ 1 CONOT IONS: N/F s ROBERT J. & M[JRIEL W. ROULEAU o Ss c: 9i. ZONING REQUIREMENTS LOT 1 LOT 2 L /WCOVERAGE5 KIISTJNG PROPOSED EXISTING PROPOS® 7 058±S. . ` 18' 15 + s + 10 + ° 17% r O.j� LOT 1 "OFFS 0 7,058±S.F. EL LOT 2 ; Q `. o sem. sovlo H r N o 7, 192±S.F. i �`��� �°o �'�, 1 9o.sas�os � k PROPOSED DWELLING �`� PRO SSIONAL LAND SURVEYOR DATE 03 PLOT PLAN -15' FRONT YARD --- ---------�- OF LAND IN 15 FRON YARD PROPOSED 1 DRIVE I SALEM, MA PREPARED FOR 557'02',5"w _ _ - S.... 5"W PAUL D . GODJIKIAN ASSESSORS: SCALE: i" = 20' FEBRUARY 14, 2000 MAP 36 LOT 426 WEBSTER STREET COASTAL SURVEY DEED REFERENCE: BOOK 8493 PAGE 241 (PRIVATE = 50') WADSWORTH VILLAGE - DANVERS BUILDING PLAN REFERENCE: 130 CENTRE ST. - DANVERS, MA 01923 PLAN #413 OF 1948 PLAN BOOK 262 PLAN 37 (978) 774-9450 ZONING: DISTRICT R-2 010' 20' 40' 60' JN S-772