70 WEBB STREET - BUILDING INSPECTION 7o cel G�05-f
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No. 10301
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o CITY OF SALEM, MASSACHUSETT8TY OF A t A
BOARD OF APPEAL Crs%8: I ,
T ® 120 WASHINGTON STREET, 3RD FLOOR _
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 20823 P FIs'
STANLEY J. USOVICZ, JR. TM 3
MAYOR
DECISION ON THE PETITION OF FERNANDO GOMES REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 70 WEBB STREET R-2
A hearing on this petition was held on December 17, 2003, with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Richard Dionne, Bonnie
Beliar and Joseph Barbeau. Notice of the hearing was sent to abutters and other 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 a Variance from side, front and rear setback to construct a
new 2 family structure for the property located at 70 Webb Street located in an R-2
zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
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. Petitioner owner the property at 70 Webb Street in an R-2 district, consisting of a
one-story structure. In past years this property was used as Pete's Barber Shop.
Upon information and belief, the nonconforming use was discontinued more than
2 years ago and had expired.
2. The Petitioner seeks to build a 2-unit townhouse for residential use on the
existing nonconforming lot of 3,485 sf. Variances sought use from, front, side and
rear setback and lot area requirements, the proposed dwelling will be 30 'x 35'
and will not exceed the lot coverage requirement of the Zoning Ordinance.
Frontage on Webb Street is 46.4' will two curb cuts currently in place.
3. Substantial opposition to the proposed plan was expressed. Neighbors stated
that because of the small size of the lot, the added density would detract from
their property value and create parking difficulty on a street where parking is
DECISION ON THE PETITION OF FERNANDO GOMES REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 70 W EBB STREET R-2
page two
already at a premium. In addition, the proposed off-street parking was described
as dangerously difficult, since the lot size does not allow vehicles to turn around to
exit onto Webb Street.
4. Attending to speak in opposition were Lenn Doherty; 35 Briggs St., Fred French,
28 Briggs St., Robert Seamans, 73 Webb St. Mike Bucco of 72-74 Webb St.
Also in opposition was Ward 2 City Councillor Regina Flynn, who said she
received phone calls in opposition to the project. Counciller-elect Mike
Sosnowkski, who also got phone calls from neighbors in opposition to the
proposal, Ward 7 City Councillor Joseph O'Keefe who opposed adding to the
density of this already dense city neighborhood, and via letter, from David Lieh,
an architect and neighbor.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
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 result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of.Appeal voted.0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
DECEMBER 17, 2003 ✓
, PAM(
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 MGL
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 MGL 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 passed 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 owners Certificate of Title. .
Board of Appeal
v.
RECEIV_9;iU sf gale13T� �l £t5 �s t CI
22076 nttr3 sr ett1
CITY CLEtiN'S OFFICE
SALEM. MASS.
VALUAM F. ABBOTT JANUARY 20, 1976
JOSEPH F. DOYLE
JOHN M.GRAY.SR.
ARTHUR E. LDREGA UE
JANE T. LUNDREGAN DECISION ON PETITION OF JOHN A. FEMINO TO MAINTAIN A BARBER SHOP
DONALD E. EAMES IN AN R-2 ZONE 70 WEBB STREET)
EMERY P. TANCH -
Hearing on this petition was held on January 20, 1976 pursuant to
notices mailed postpaid to petitioner, Board Members, abutters, and
abutters to abutters and others, and notice was duly published in
the Salem Evening News advising of this Public Hearing. Chairman
John M. Gray, Sr. opened the meeting with members Jane T. Lundregan,
William Abbott, Arthur LaBrecque, and Associate member Donald Eames
present.
Atty. Barry Plunkett appeared for the petitioner. The structure
at 70 Webb Street is presently a non-conforming use, having previously
been used as a variety-grocery store. Petitioner seeks a Special
Permit in order to-change to a different non-conforming use. Evidence
was presented that the structure has not been used for some time and
that it is not in condition to be used as a home.
The Board voted unanimously to grant said petition. It was found
that the new use would be equally appropriate to the district as the
.previous use as a variety-grocery store.
CITY OF SALEM BOARD OF APPEALS .
GRANTED n
BY. 0,2, c.t..
retary ® CL
Ctvof 'Salent, iIo. add tsftts NO... 2?2-7 ..........:......._.... [
a OFFICE OF THE INSPECTOR OF BUILDINGS
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DATE.......G.3l..�.r..7.......................
i O�te4N °-m Certificate of Approval for Building Occupancy
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THIS SHALL CERTIFY THAT John FeminO
7 ...............................................................
has permission to occupy premises at.............................fl..Webb Streel............... .......................................................................
for .........Barber Shoff:................. .... .................... purposes, in accordance with the City of Salem
...................
Zoning Ordinance and Building Code, providing that this use shall conform to the terms of the application on
file in this office, and to the provisions of the Statutes, and to the City Zoning Ordinance and City Building Code.
Any violation of any of the terms above noted is an immediate revocation of this certificate.
f CITY ENGINEER WIRING INSPECTOR PLUMBING INSPECTOR GAS INSPECTOR FIRE DEPT.INSPECTOR l
Rough in ction Rough inspection Rc h Inspection `Rough Inspep ' n RouB nspecti -
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Final i spectlon Final Inspection Final inspection Flns'inspection Final I pool
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INSPECTOR OF BUILDINGS
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