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22 WEBB STREET - BUILDING INSPECTION e ` lei OEs & 74520 40% P4 ` CITY OF SALEM, MASSACHUSETTS '! BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR \ m TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 30, 2015 Raymond Page 22 Webb Street Salem Ma. 01970 Re: 24 Webb—zoning violation Dear Owner, This Department has received and confirmed that the a wood -chopping or splitting/landscaping business is being run from 22 Webb street . This property is residentially zoned and businesses are not allowed. You are directed to cease the business activity immediately. Failure to comply with this directive will result in Municipal Code tickets and further enforcement actions. If you feel you are aggrieved by this order,your appeal is to the Salem Zoning Board of Appeals. If you have any questions,please contact me directly. Thomas St.Pierre r tg') Zoning Officer SENDER: r • • THIS SECTION ON DELIVERY Q ■ Complete items 1,2,and 3.Also complete gnature item 4 if Restricted Delivery Is desired. 13 Agent ■ Print your name and address on the reverse E3Addresses that we can return the card to you. ^, R by(Print Na C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery ad m ss c froItem 1? ❑Yes if YES,eryt� liveryad res,below: ❑ No WHO 13 Priority Mail Express'" ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) PS Form 3811,July 2013 .Domestic Return Receipt UNITED STATE RACE First-Class Mail �,V Postage&Fees Paid us -MAY 115 usps 111111 1 Permit No.G-10 • Sender: Please print your name, address, and ZIP+411 in this box* City Of Salem Building Department 120 Washington Street Salem, MA 01970 JUL i J H 4 l (Glty of -ittlem, 4ffiA rzcllusetts DECISI.ON_ON-.THE PETITION OF RAYMOND PAGE FOR VARIANCES AT-22 WEBS ST.--(R-2) A hearing on this petition was held June 27, 1990 with the following Board Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman; Joseph Correnti , Secretary, Richard Febonio and Mary Jane Stirgwolt. 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 from lot size, width, setbacks, use and parking to allow two family to be converted to a four family in this R-2 district. 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; 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 building is not presently in compliance with the requirements of the Salem Fire Department relative to smoke and fire safety. 2. The four units proposed by the petitioner would be less than 500 square feet in size. 3. Petitioner has been assured by the M.B.T.A. that he may use the property governed by an easement, but this has not been put in writing. 4. No one spoke in favor of this petition. 5. On abutter spoke in opposition, citing the severe parking shortage in the immediate neighborhood. 6. This pacel is similar in size and character to many others in the R-2 zoning district. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: DECISION ON THE PETITION OF RAYMOND PAGE FOR VARIANCES AT 22 WEBB ST. , SALEM page two 1 . Special conditions do not exist which especially affect the subject:.property and not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 2-3 against the motion to grant the requested Variances. (Mr. Bencal , Mr. Luzinski and Ms. Stirgwolt voted opposed) . Having failed to garner the four affirmative votes necessary to pass, the motion to grant fails, the Variances are denied. DENIED Mary StirgwoltiAember Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ti anyshall be made pusuant to Section 1746 Appeal from this decision. . the Mass. General Laws.chapter Bos, and shall be filed within C e date ice after the date of filing of this decision Chapte SDBfisectionthe 11.the variance Pursuant to Mass.General Laws, of the or special Permit F.ranted herein shall not take effect until a cop n the certification of the City Clerk or that, If suchat 20 a have decision, bearing. elapsed and no appeal has been filed. filed.that it has been dismisseG or denied is recorded In the South Esse% Registry of Deeds and indexedounder ne rs certificatehe name rofhTltle.ner of record oe is recorded and noted M BOARD OF APPFALI 7 fJ7 J J - •SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side,Failure 10 do this will prevent this card from being returned to you.The return receipt fee will rovide ou the name of the arson delivered to and the date of delive .For additional fees the of owing seryices are avallable.Consult postmaster or ees an check box es)for additional service(s)requested. 1. 13 Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number � Type of Service: a� G Registered Insured 204 ExpreMail COD Always obtain signature of addressee or agent and DATE DELIVERED. 5.S' atur —Add is B.Addressee's Address(ONLY if X requested and fee paid) 6.S n —Agent X J �j` 7.Date of Delivery PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I I I OFFICIAL BUSINESS I I I SENDER INSTRUCTIONS ,th your name,address and 21P Code • the space below. •Complete items 1,2,3,and 4 on asp the Manes u&MAIL •Attach to front of article if space permits,otherwise affix to back of article. •Endorse article"Return Receipt PENALTY FOR PRIVATE Requested"adjacent to number. USE, aaOO RETURN Print Sender's name,address,and ZIP Code in thes(pe below. TO i (�' G� P 152 922 789 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sen Street and No 10 P.O. tat and ZIP C of �/ h 4 1 i Postage S Cedified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N Return Receipt showing to whom. Date,and Address of Delivery d j TOTAL Postage and Fees S Q /� (J C; Postmark or Date W M E 0 LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. Ino extra charge) 2. If you do not want this receipt postmarked stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return.. receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested check the applicable blocks in item 1 of Form 3811. 1„ G. Save this receipt and present it if you.make inquiry. f U.S.G P.O.1986-2nt3T ° Citp of *alem, f aggacbugettg Public Propertp Mepartment �3uilbing Mepartment One balem Oreen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 18, 1989 Raymond Page 24 Webb Street Salem, MA. 01970 '—._ RE E:: 22,Webb7S[reet Dear Mr. Page, Please be advised that a Stop—Work order has been issued to 22 Webb Street. You are in violation of the Mass State Building Code, section 113.0 ( no permit on record ) . Work shall not continue until the proper permits are granted. Please contact this office within seven (7) days of receipt of this letter. If no action is taken within seven days, we shall seek a complaint against you in Salem District Court . Sincerely, David J. Harris Assistant Building Inspector DJH/eaf c.c. City Solicitor Ward Councillor Fire Prevention ��.n.c o.ni44 s City of 4airrrt, Aa!5!5arbugtttq rq � Mire Department J,()eabquarter5 4S7afapette street Joseph F. Sullivan 1&alem, Ala.01970 Chief July 18, 1989 Mr. Raymond Page RE: 22 Webb Street 24 Webb Street Salem, MA 01970 Dear Mr. Page, On July 17, 1989, I conducted an inspection of the property at 22 Webb Street based on complaints from neighbors relative to a large amount of old wood piled up next to the building. You are hereby ordered to remove all and any combustibles from this property with- in (5) five working days of this date. This condition is in violation of the Massachusetts General Laws , Chapter 148, Sect. 5. A copy of the law is enclosed. er ,.order, &L ,z,o A � N rman P. LaPointe Fire Inspector cc: Building Dept. Health Dept. n L W C LG ( (mj O r— Z7 n M o o a v m A ti r rn co QD Ctv of �ttfrm, �ttssttrffusetts Poxrb of Appeal SEF LI 3 01 h1 �9 F!LEr vTY Sa. DECISION ON THE PET=CN OF RAYMOND PAGE FOR VARIANCES ATT22 A hearing on this petition was held September 20, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Nutting 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 Law Chapter 40A. Petitioner, owner of the property, is requesting Variances from use and parking to allow two family to be converted to a five family in this R-2 district. The Board of Appeal, after hearing the evidence and viewing the plans, voted unanimously, 5-0, to grant the petitioners request to allow petition to be Withdrawn Without Prejudice. WITHDRAWN arp) ohn R. Nutting, Secre ry A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK as u»u4b of c�SttlPm, 4Vzt99arhU6CJJ6 Pottrb of '�r1ir}tettl JC1,L 2p Homs_ q 3 as ; 89 FILE DEC ISION_ON_T-HE-PETITION OF RAYMOND PAGE FOR VARIANCESTY AT'22 2 WB_STREET,(R-2_)w A hearing on this petition was held July 19, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski and Nutting. 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, owner of the property, representing himself, requested the Board of Appeal to grant him Leave to Withdraw Without Prejudice his application for Variances from use and parking to allow two family to be converted to a five unit residential building in this R-2 district. The Zoning Board of Appeal voted 4-1 , (Mr. Bencal opposed) to grant the petitioner Leave to Withdraw Without Prejudice. WITHDRAWN ames M. Fleming, Chairman CITY OF SALEM, MASSACHUSETTWELERK S�OFFICEA BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR 11 SALEM, MASSACHUSETTS 01970 1,2006 FEB - I A 10: N TELEPHONE: 978-745-9895 FAX: 978-740-9848 DECISION OF THE PETITION OF RAYMOND PAGE REQUESTING TO MODIFY PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 22-24 WEBB STREET R-2 A hearing on this petition was held on January 18, 2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Edward Moriarty and Robin Stein. Notice of the hearing was sent to abutters and others and notices of hearing were properly published in the Salem Evening news in accordance with Massachusetts General Laws Chapter 40A The Salem Zoning Board of Appeals held hearings on December 14, 2005 and January 18, 2006 on the petition of Raymond Page to amend the variance he received from the Board, relative to the above referenced properties, on February 27, 1991. Said variance is recorded in the Essex South District Registry of Deeds in Book 10706, Page 591. The Board, with only four members sitting, opened the hearing on December 14, 2005. After giving a brief introduction of the project and addressing comments from the Board, Petitioner's counsel submitted a written waiver of any procedural defects resulting from the hearing commencing without a complete Board. FINDINGS OF FACT 1. The Petitioner owns the properties located at 22 Webb Street and 24 Webb Street, Salem, Ma. in the R-2 District. 2. On February 27, 1991 the then Board granted the petitioner a variance allowing 22 Webb St. to be used as a three unit residential structure and required as follows: The petitioner is to provide three parking spaces on site at 22 Webb St. And five spaces on 24 Webb Street as shown on the plan submitted, two of the spaces are to remain available for free and open use of the 1 residents of 22 Webb Street. Both 22 Webb St. and 24 Webb St are to remain in common ownership. 3. In support of his current application the Petitioner submitted a plan entitled "Plan of Land 22 & 24 Webb Street Salem Property of Raymond Page" dated December 27, 2005 and prepared by Gail L. Smith P.L.S. (the "Plan"). DECISION OF THE PETITION OF RAYMOND PAGE REQUESTING TO MODIFY PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 22-24 WEBB STREET R-2 4. The Plan shows a reconfiguration of the two properties including the removal and relocation of the existing lot line. As depicted each property will contain sufficient parking to support its existing use. 5. The Plan requires an additional twelve foot curb cut to access the newly designed parking for 24 Webb Street and shows the elimination of a lengthy curb cut that currently permits drivers to back out directly onto Webb Street 6. No neighbors spoke in opposition of the project and at least one neighbor spoke in favor of the proposal as the Petitioner has greatly improved the two properties and the new plan includes welcomed changes to the parking and the addition of shrubbery and green space. 7. The Board considered the granting the petition would eliminate the need for the shared parking variance that was previously granted, improves the existing parking layout and access to Webb Street and provides the Petitioner with greater flexibility in maintaining the properties. 8. Therefore, the Petitioner now asks the Board to waive the common ownership and shared parking requirements of the 1991 variance and to approve said Plan submitted with the present application. Therefore, the Zoning Board of Appeal voted 4 in favor and 1 in opposition to grant the request, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department shall be strictly adhered to. 4. Petitioner is to obtain approval from any City Board or Commission having n jurisdiction including, but not limited to the Planning Board. o d rr• O cs ui�n or o m3 Y N DECISION OF THE PETITION OF RAYMOND PAGE REQUESTING TO MODIFY PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 22-24 WEBB STREET R-2 5. At such time as 22 Webb Street and 24 Webb Street, Salem, Ma are no longer held under common ownership or control, in the case of the properties being held in separate trusts or other instrument for liability, estate planning or other purposes, 22 Webb Street is to remain owner occupied. PETITION GRANTED Robin Stein \ JANUARY 18, 2006 Board of Appeal �sC� S STI� T �T un T� O Trn o v N A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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. BK 1.1 I {, 760PG591 of Safem, AUssadjusetts RECEIVE Poura of '4peal DECISION ON THE PETITION OF RAYMOND PAGE FOR VARIANCES *9T1 NAR 13 P3 '06 22 WEBB STREET .(R-2) CITY CLERK'S OFFICE A hearing on this petition was held February 27, 1991 with �theMfoOMA4ing Board Members present: Richard Bencal, Chairman; Joseph Correnti, Mary Jane Sttrgwolt. and Associate Member Arthur 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 a Variance from use and parking to allow the property to be convert to a three unit residential building. The property is located in an R-2 district. Before hearing the merits of this petition the Board had to consider re-hearing it as a; petition'to a11ow''.'a, four"'family dwelling at this site was denied by theft Board of Appeal on June'�27, 1990. The Board of Appeal, after hearing evidence regarding substantial change, and after receiving Consent from the Salem Planning Board, voted unanimously, 4-0, that there was a substantial change,_said. .C.bange being three Q.Y,units rather than four (4) and they would hear the petition. -4 The Variances which have been requested may be granted upon a finding by the T- Board that: - O a. special conditions and circumstances exist which especially affect the land,n 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. .c. desirable relief may be granted without substantial detriment to the publico good and without nullifying or substantially derogating from the intent of o the district or the purpose of the Ordinance. o N The Board of Appeal,- after careful consideration of the evidence presented and aN er viewing the plans, makes the following findings of fact: 1 . . The building on this property has been vacant for several years and has become an eyesore. 2. The petitioner 'owns the property at 24 Webb St. and is in residence there. 3. The availability of the adjacent parcel for addit i onal.. parking makes t4 property unlike others in'..the zoning district. is 4. The existing condition of the building requires a substantial investment to make the building habitable. 5. The Ward Councillor wrote a letter supporting this petition as long as the parking requirements under the zoning code are met. DECISION ON THE PETITION OF RAYMOND PAGE FOR VARIANCES FOR'"K O I 0 7 6 0 PG 5 9 2 7,' ^ .22 ,WEBB STREET, SALEM page two 6. The rehabilitation of this building would be a significant imp ovelhel,` to the neighborhood. D On the basis of the above findings of fact, and on the evidg;�ce p �en ed ,�fFj Board of Appeal concludes as follows: r C( 1 . Specialconditions exist which especially affect the subject prf F F 'btft not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve a substantial hardship on the petitioner. 3. 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. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief requested, subject to the following conditions: 1 . All construction be in compliance with state and local building codes. 2. All construction be in accordance with plans and dimensions submitted. 3. A building permit be obtained. 4. A Certificate of Occupancy of each unit be obtained. 5. All requirements of the Salem Fire Department relative to smoke and fire safety be strictly athered to. 6. The petitioner is to provide three parking spaces on site at 22 Webb St. and five spaces on 24 Webb St. ; as shown on the plan submitted, two of these five are to remain available for the free and open use of the residents of 22 Webb Street. Both 22 Webb St. and 24 Webb St. are to remain in common ownership. VARIANCES GRANTED February 27, 1991 e Mary J tirgwolt, t�41h�ber, Board of Appeal A COPY OF TRIS.DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK 1991Appeal from this decision, If any;shall to maad pursuant to Sdctlolf 17 bl the Mass. General Laws, chapter 808, and shall be filed within 20 days. a i after the date of filing of this decision in the office of the city Clerk," ,. ` , Pu u.nt to Mass Genera'-Laws, Chapter 808, Section 11, the Variance �'�`" r " 1 `r 'r"= c: 1 Permit granted herein shell not take effect until a copy rf the 1 t 1 r J ti o,!_ <!ec ron hearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been r filed,that it has been dismissed or denied Is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or ° is recorded and noted on the owner's Certificate of Title.— - --tet BOARD OF APPEAL .4 i,^ r ' .SCHEDULE'''A The Petitioner, Raymond Page, respectfully requests the Board to modify its Decision dated February 27, 1991, granting variances at 22 and 24 Webb Street, a copy of which is attached hereto . The previous Decision required that the two dwellings shown on the Plan be held in common ownership because each lot had to contribute to the parking requirements in order for the requested variance to be granted. A new Plan filed with this requested modification shows a new configuration of the lots so that each lot now has sufficient parking to support the approved uses of the houses on each lot . The number of units in each dwelling remains the same . The Plan filed with this request will become part of the Decision in the request for modification so that the requirement of a common ownership of the two dwellings can be eliminated. In 1991, the Petitioner, owner of adjacent lots at 22 and 24 Webb Street, appeared before the Board requesting a variance from use and parking to allow the property at 22 Webb Street to be converted to a three unit residential building in this R-2 zone. The Board granted that relief with the condition that two of the five spaces located at 24 Webb Street be dedicated to the residents of 22 Webb Street, which only had three spaces . The Board also conditioned that both 22 and 24 Webb Street remain in common ownership. Since that Decision, the Petitioner has met those conditions, but now requests that it be modified so as to allow five parking spaces on 22 Webb Street, the three unit building, and four spaces at 24 Webb Street, the two unit building, as shown on the attached Plan. By moving the lot line some 42 feet and allowing a second curb cut for 22 Webb Street, each lot will now have the required parking necessary under the ordinance, which will obviate, the need for a parking variance. Additionally, since each lot is now independent from the other regarding the parking, the Petitioner respectfully requests that the condition that the lots remain in common ownership be deleted. The new lots remain nonconforming, and there is no proposed change to the footprint of the structures as they sit on the lot . Wherefore, the Petitioner respectfully requests that the Board modify its prior Decision so as to waive the common ownership requirement and allow the new Plan, as submitted. (City of �2llCnt, 4RU55aC11u5etta \\'I/• f Bazirb of ..AU}ICn 91 NAR 13 P 3 :05 DECISION-ON-THE-PPETITION OF RAYMOND PAGE FOR VARIANCES AT 722 WEBB STREET (R-2-) CITY CLERK'S OFFICE 79g1 A hearing on this petition was held February 27, E wi�tVthe following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Mary Jane Stirgwolt and Associate Member Arthur 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 a Variance from use and parking to allow the property to be convert to a three unit residential building. The property is located in an R-2 district. Before hearing the merits of this petition the Board had to consider re-hearing it as a petition to allow a four family dwelling at this site was denied by the Board of Appeal on June 27, 1990. The Board of Appeal, after hearing evidence regarding substantial change, and after receiving Consent from the Salem Planning Board, voted unanimously, 4-0, that there was a substantial change, said change being three (3) units rather than four (4) and they would hear the petition. The Variances which have been requested may be granted upon a finding by 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. 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: 1 . The building on this property has been vacant for several years and has become an eyesore. 2. The petitioner owns the property at 24 Webb St. and is in residence there. 3. The availability of the adjacent parcel for additional parking makes this property unlike others in the zoning district. 4. The existing condition of the building requires a substantial investment to make the building habitable. 5. The Ward Councillor wrote a letter supporting this petition as long as the parking requirements under the zoning code are met. i DECISION ON THE PETITION OF RAYMOND PAGE FOR VARIANCES FOR 22 WEBB STREET, SALEM page two 6. The rehabilitation of this building dld`be a significant improvement to the neighborhood. On the basis of the above findings offact,MAR1 on he5evidence presented, the Board of Appeal concludes as follows: CITY CLERK'S OFFICE 1 . Special conditions exist which espec Ml-,Eytia'flfec't the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve a substantial hardship on the petitioner. 3. 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. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief requested, subject to the following conditions: 1 . All construction be in compliance with state and local building codes. 2. All construction be in accordance with plans and dimensions submitted. 3. A building permit be obtained. 4. A Certificate of Occupancy of each unit be obtained. 5. All requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 6. The petitioner is to provide three parking spaces on site at 22 Webb St. and five spaces on 24 Webb St. , as shown on the plan submitted, two of these five are to remain available for the free and open use of the residents of 22 Webb Street. Both 22 Webb St.. and 24 Webb St. are to remain in common ownership. VARIANCES GRANTED February 27, 1991 Marytirgwolt, tjoftiber, 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 tie mad6 pursuant to SWUoff 17 6T the mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filinv of this decision in the office of the city Clerk, Purso.cnl to Ma ss. Co:rra: Laws, Chzpter SOS, Section 11, the variance Pannit r,.n:^'1 !;ere; it not take effect anti a copy r:f iho "ec . on, ceriif;cation of the City Clerk that 20 days have elapsed an9 no rpocal has been filed, or that, if such appeal has been filed, that R h::s teen dismissed or denied is recorded in the South Essex Registry of De=.ds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL 3 Cni# of 14�ttlem, massar4usetts ilublic 11ropertq i9epartment Nuilbing Department (One 6alrm Green 508-745-9591 >Ext. 3B0 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 17,1997 Raymond Page 24 Webb Street Salem, Mass. 01970 Dear Property Owner: The following notice is in regard to your property located at: 22 Webb Street, Salem, Mass. It is your responsibility to have snow and ice removed from your sidewalk within six (6) hours after the snow ceases to fall. This is in accordance with the City of Salem Code of Ordinance, Section 26-13 and Section 26-14. Failure to remove snow from sidewalks within prescribed time will result in a fine being assessed for each day of violation. Please contact this office upon receipt of this letter as to your course of action in this matter. Thank you in advance for your anticipated cooperation in this matter. Leo E. Tremblay Director of Public Property l �I I NOTES: — LOTS 1 & 2 ARE SHOWN AS LOTS 233 & 234 ON CITY OF SALEM ASSESSORS MAP 41. — ZONING DISTRICT IS R2— RESIDENTIAL TWO FAMILY. — ALL BUSHES IN PROPOSED PARKING AREAS ARE TO BE RELOCATED TO THE REAR OF PROPERTY. N w — LOT COVERAGE FOR LOT 1 IS 20%, LOT COVERAGE FOR LOT 2 IS 26%. MAXIMUM ALLOWED LOT COVERAGE IS 35%. o �,+ a n /0.8' n shed 548 \ °15.4' shedt 0 w 2S F OF Sq a w fl err it = 4", MAP 41 z in IRON LOT 245 N Kr *o SOT Y U U gy, �.. 2 ' / Q M tLX W *05 OS1c0 di I LOT 1 PROPOSED SNF LOT AREA 6905 t S.F. ILUI EXISTING PROPERTY LINE - 'p deck TO BE ABANDONED. *0 de c sh ed k M N I LOT 2 z PROPOSED S 48 36.8' , � LOT AREA = 5392 t S.F. MAP 41 - - - - F LOT 232 1 11� 7j. TF II deck _ ! / ,,�� rextstnyaovem� --� 3 5 I 1 deck I ! proposed I ^parking N I ! #24 ! �I I ! ! I I EXISTING PARKING 3 --_�� Proposed parking 112.6' I I d s vl o _ #22 0 PATH OF VEHICLE � DRIVEWAY �I 1 66 $6' Nag BACKING OUT OF _' ROPO o O SPACE 4 .-�//�!! PROPOSED AY I 1. 40.E 0 wire R. � a I r utility pole 21.28' proposed L= 75. 71 N78'247 43" W :r a15 �5ubery L_16.50 .58 existing shrubbR5558 existing shrubbe.ySTONEIRON emote 0urbtn9 _ may,; ax\sung to remain ROD t remain a BOUND _ SET FOUND - Existing curb cut 21.0' � .-- concrete t0 be _ _ _ _ abcndonetl existing curb cut to remain — — — — — Proposed Curb Cut Existing existing curb cfor #22 for handicapped romp ramp to remain S � px EE -y - LEGEND WEBB PLAN OF LAND 0OF111 4ss4 22 & 24 WEBB STREET y` ; .Ze GAIL SALEM i ^ s4 EXISTING TREES/SHRUBS SMITH ti s N0.35043 PROPERTY OF O IRON ROD SET �sfo�A<<AN� Q,�A RAYMOND PAGE GRAPHIC SCALE SCALE 1" = 10' JANUARY 26, 2004 PROPOSED SHRUBBERY 1e e , 1e z, 4 1 NORTH SHORE SURVEY CORPORATION PROPOSED EDGE OF PAVEMENT 47 LINDEN STREET, SALEM, MA ( IN FEET ) 978-744-4800 1 inch 10 ft. #2118