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78A WEBB STREET - ZBA 0 �I 78A WEBB STREET UPC 10330 No. 153L gbT� HASTINGS, MN V✓ I � y0 C 1 J suggests neer blouse or fitted tux' jacket V Legal Notice CITY OF SALEM BOARD OF APPEAL 978-795-9595,Ext.381 will hold a public hearing for all persons interested in the petition sub- mitted by JAMES SHEA requesting a Special Permit/Variances from min. imum lot area,minimum lot area per dwelling,lot coverage and number of j stories to allow a 2 unit building for the property located at 78A WEBB 1 STREET, R-2. Said hearing will be held on WEDNESDAY,DECEMBER ! 18, 2002, at 6:30 p.m., 120 WASH- INGTON STREET, 3rd FLOOR, ROOM 313. Nina Cohen,Chairman (12/9,11) 1�11 I4 CITY OF SALEM, MASSAOHtlSE7TS BOARD OF APPEAL ' - 120 WASHINGTON STREET, 3RD FLOOR CITY OF SP.LL Pi. MA a SALEM, MA 01970 CLERK'S OFFICE TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR 1001 FEB 20 P 3: 13 DECISION OF THE PETITION OFJAMES SHEA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 78A WEBB STREET R-2 A hearing on this petition was held February 19, 2003 meeting with the following Board Members were present: Nina Cohen Chairman, Stephen Harris, Nicholas Helides, Richard Dionne and Joan Boudreau.. 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. At the request of the petitioner's Attorney Stephen Lovely, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice requesting a Variance from minimum lot area, minimum lot area per dwelling, lot coverage and number of stories to allow a 2 unit building for the property located at 78A Webb Street located in a R-2 zone. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE FEBRUARY 19 2003 ��UYlp� 0C,P� Nina Cohen, 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 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 certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it 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. Board of Appeal Stephen P. Lovely, Attorney at Law 14 Story Street Salem, Massachusetts 01970-2820 Telephone 978-745-8274 Fax 978-745-6573 Nina Cohen February 18, 2003 Chairperson Salem Board of Appeal 93 Washington Street Salem, Massachusetts 01970 RE: Petition for Variance at 78A Webb Street Dear Ms Cohen: I represent James W. Shea in the matter of his petition before the Board of Appeal for a Variance at 78A Webb Street. At this time my client would respectfully ask that he be allowed to withdraw his petition currently pending before the Board without prejudice. I thank you for your indulgence and courtesy. Sin re ; rL� St he P. Lovely, Esq. TO THE BOARD OF APPEAL: The Undersigned represent that he is are the owner of a certain parcel of land located at: 78A Webb Street Street; Zoning District R2 and said parcel is affected by Section(s) of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX A.I of the Zoning Ordinance. The Application for Permit was denied by the Inspector of Buildings for the following 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 derogating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Pursuant to Sections 5-3 0), 8-6 and 94 of the Salem Zoning Ordinances Petitioner seeks a Special Permit to allow the alteration of a nonconforming structure. The petitioner states that the alteration to the structure will not depart from the intent of the Salem Zoning Ordinance in that the Petitioner intends to change the structure's use from commercial to residential. The Petitioner also seeks from the Board if deemed necessary by the Building Inspector a Variance from minimum lot area, minimum lot area per dwelling, lot coverage by building, depth of front yard, depth of side yard and depth of rear yard,s�a "Uu Gaa o{ SA,or:.eS. Owner James Shea Petitioner Stephen P. Lovely, Esq. Address 45 Dearborn Street Salem, MA Address 14 Story Street, Salem, MA Telephone 978-744-8381 Telephone 978-745-8274 BY Date November 25, 2002 This original application must be filed with the City Clerk. A certified copy of this petition will be returned to petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal, four weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of$131.50, make check payable to the "Salem Evening News". A TRUE COPY ATTEST CITY CLERK Daniel H. Pierce & J. Tracy Pierce 22 Andrew Street Salem,MA 01970 14 January 2002 City of Salem Zoning Board of Appeals Nina Cohen, Chairperson 120 Washington Street Salem, MA 01970 Petitioner: James Shea Property Location: 78A Webb Street Subject: Request for Special Permit / Variances to construct a 2 unit building Members of the Zoning Board of Appeals: As homeowners at 22 Andrew Street and neighbors of the subject property, we are writing to confirm our strenuous objections to the applicant's request for Special Permit and/or Variances to construct a 2-unit residential building at 78A Webb Street in Salem. We request therefore, that the Board of Appeals den, the petition for either a Special Permit or Variances for the following reasons: 1. The existing structure located on the property is a "Private Garage" which is only permitted in R-2 two-family residential districts as an accessory use when it is clearly incidental to the principal use. Therefore, since this private garage is not incidental to a residential use that currently exists or previously existed on the property, the current building and use is a "Nonconformity" as defined by Article VIII of the Zoning Ordinance. 2. The lot is a "Nonconforming Lot" (Sec. 8-2). With only 1194 square feet in area, the lot is substantially below the minimum 5000 square feet of area required by the Ordinance and with only 28 feet of lot frontage the lot is far below the minimum 50 feet of frontage required by the Ordinance. 3. The "Nonconforming Use of Land" (Sec. 8-3), although no longer permissible under the current Ordinance, may be continued so long as it remains otherwise lawful, and is not enlarged, increased or extended. 4. The "Nonconforming Structure" (Sec. 8-4), which could not be built under the terms of the current Ordinance by reasons of restrictions on area, lot coverage, yard setback dimensions, location on the lot, etc., may be continued so long as it remains otherwise lawful, and is not enlarged or altered in any way which increases its nonconformity. 5. The "Nonconforming Use of Structure" (Sec. 8-5). We in the neighborhood have been concerned for years that the structure is unlawfully being used for "storage of building supplies" which is not allowed in an R-2 District under the terms of the current Zoning Ordinance. Such use of a structure is only permitted in B-4 and I Districts. However, the use of the structure may be continued so long as it remains otherwise lawful, and is not Salem Zoning Board of Appeals 14 January 2003 Page 2 enlarged, extended, constructed, reconstructed, moved or structurally altered in any way, except when the use of the structure is changed to a conforming use permitted in the district. Additionally, if the nonconforming use is superseded by a permitted use, the structure must conform to the regulations for the district, and the nonconforming use may not be resumed. In conclusion, based on the above nonconformities, we do not believe that the Zoning Board of Appeals should permit or authorize the issuance of a Special Permit for a change to another use, (conforming or nonconforming) based on the fact that the Board can not find that the use as changed, altered and enlarged would not depart from the intent of the Zoning Ordinance. Specifically, as stipulated in Section 9-4, subparagraph b of the Ordinance, if the proposed increase in volume or area of the building is "unreasonable", the board may not approve a special permit for such proposed changes in use or its alteration or enlargement. With regard to the approval of any Variances by the Zoning Board of Appeals to construct a 2- family residence on said property, the applicant can not demonstrate that any hardships exist which would satisfy the requirements of Section 9-5 of the Ordinance. Therefore, since the granting of Variances for this proposed project would incur substantial detriment to the public good and would nullify the intent of the district and the purpose of the Zoning Ordinance, we request the Zoning Board of Appeals deny any request for Variances as well. Finally, with regard to item 5 above, we request that the Zoning Board of Appeals notify the Building Inspector and the Fire Department inspectors of our concerns regarding the unlawful storage of building materials and supplies in the building at 78A Webb Street, to request that written citations be issued if any violations of the Massachusetts State Building Code are found to exist, and to direct the owners of the property to correct any violations as required to comply with the all applicable Codes and Ordinances. Thank you for your support and consideration. Sincerely, ?aniel . Pierc J. Tracy Pierce 02/10/03 WED 12:27 FAX IA 001 February 19'",2003 Nina Cohen, Chair Salem Board of Appeals City of Salem 120 Washington Street Salem,Massachusetts 01970 Dear Chairwoman Cohen, This letter is in regards to the petition by Mr. Shea to build an additional story to an already two-story garage. It is my understanding that he is withdrawing his petition,if he does not I would like this letter to be put forth in opposition to such an addition to a building. For anyone of a number of reasons this request should not go forward as the building, which is an accessory building,is already situated on a nonconforming lot,there is no apparent hardship,and this would increase the usage of this property compounding the problems of density in that neighborhood. Since y, 'v' ReginWard DiNG DEPT ,r 3. 314 Stephen P. Lovely, Attorney at Law ;_;, , 14 Story Street CIrY 0,_ 3ALEIN, r•, Salem, Massachusetts 01970-2820 Telephone 978-745-8274 Fax 978-745-6573 Nina Cohen Chairperson Salem Board of Appeal 120 Washington Street Salem, Massachusetts 01970 Re: Petition of James W. Shea 78A Webb Dear Madam Chairperson: I, on behalf of my client, respectfully ask that the above captioned matter be continued until the neat regularly scheduled meeting of the Salem Board of Appeal. I am currently awaiting an opinion from City Solicitor John Keenan, Esq. as to the current status of the above captioned locus relative to the City of Salem Zoning Ordinance. Solicitor Keenan's opinion will directly affect the issues, relative to the property at 78A Webb Street, currently before the Board. I thank you for your consideration. Since S h n Lovely, Esq. 14 Story Street Salem, Massachusetts 01970 978-745-8274 BBO # 560533 cc: James W. Shea file