117 WEBB STREET - BUILDING INSPECTION 117 WEBB STREET
Citp of *alem, flag!5acbu-5ett!
Public Propertp Department
jBuilbing Department
®ne 9palem Oreen
(978) 745-9595 ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
September 11, 2000
Mr. Paul Godjakian
117 Webb Street
Salem, Ma. 01970
Dear Mr. Godjakian:
After receiving a number of complaints regarding the graffiti on your fence, this
department is charging you with unsightly conditions in accordance with the City of
Salem General Ordinance Division 2, Section 12-56.
Failure to make the necessary repairs will result in fines which will be $50.00 the first
day, $150.00 the second day and $300.00 everyday after the second day. We will give
you thirty (30) days to rectify this problem from this day.
Sincerely,
Pete t
Building Commissi ner
cc: Joe Walsh
Councillor Flynn
p
Nina Cohen, Chairpersonpe_alls
ANKELES, HARMON,BONFANTI, 4/6/00
} DURKIN & VONTZALIDES,LLP
1. COUNSELLORS AT LAW
27 Lowell Street
LEONARD A.BONFANTI PEABODY, MA 01960-5489
DAVID L ANKELES HARRY ANKELES
PHILIP T.DURKIN 095849901
ATHAN A.VONTZALIDES AREA CODE 978
NICHOLAS P.VONTZALIDES
Telephone 531-7000 FAX 532-3597 MARSHALL E.HARMON
JAMES I.BONFANTI E-Mail: ab@ahblaw.com (RETIRED)
April 6, 2000
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, Bonfanti,
Durkin& Vontzalides
Athan A. Vontzalid s
AAV:gm
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK,SS. \ LAND COURT DEPARTMENT
CIVIL ACTION NO.
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 TURISDICTION
.NKELES,HARMON. 2. The Plaintiffs, Donald A.Tucker and Tina M.Tucker,currently reside at 169 North
30NFANTI.DURKIN Street,Salem,Massachusetts and own the property known as and numbered 5-7
VONTZALIDES,LLP Webster Street,Salem, Massachusetts. -
OUNSELLORS AT LAW
27 LOWELL STREET
ARODV.MA 01960-5489
(978)531-7000
(781)581-7444
FAX(978)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 parties 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
VKELES.HARIAON,
�ONFANTI.DURKIN 13. The Plaintiffs are currently performing renovations to the building situated at 5-7
VONTZALIDES,LLP Webster Street,Salem, Massachusetts in order to use it as their new principal
)UNSELLORS AT LAW residence.
27 LOWELL STREET
1000..M 01960-5489
7_
(978)53(-9000
(781)591-]444
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.
NKELE .HARMON.
3ONFANTI.DURKIN 23• The decision of the Board of Appeals granting the variance relief cannot stand
VONTZALIDES.LLP unless the Board specifically finds that each statutory requirement has been met.
OUNSELLORS AT LAW The specific findings necessary to satisfy the requirements of a granting of a
27 LOWELL STREET variance are not met by mere repetition of the statutory language.
4800V.MA 01960-54x9
(998)531-7000 3
(7al)501-7194
FAX(999)532-3597
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 -- Z� 01/-�
Athan A. Vontzali s
BBO# 541959
27 Lowell Street
Peabody, MA 01960
(978) 531-7000
.NKELES. HARMON.
3ONFANTL DURKIN
VONT ALIDES.LLP
OUNSELLORS AT LAW
27 LOWE"STREET
ABODV.M 01960-5489
4
(978)531-7000
(780581-7444
FAX(978)532-3597
Exhibit A
f�I Ttti�7 Of �$ttlem, ttsstttljusPtts =
s Parma of '' Fpeul
L"
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
�7
J� y
-1
1 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.
AA T QST
44
CITY CLERK
SALEM, MpSS.
Exhibit B
APPEAL CASE NO. . . . . . . . . .
34 �� (Gifu of '�zlPm,
Pnarb 17f CAupull
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of la
located at: . . . . . . . 117. Webb_ Street. . . . . . .Street; Zoning District. . . . R? . . . . . . . . . . .
and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . . . . . . . of the Hassachuse
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildi
in WordancW with Section I% A.1 of the Zoning ordinance.
U')
F=
tail Q wr J
G1
0 LJ V)
y DIRECT APPEAL
-j
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C7'
The Application for Permit was denied by the Inspector of Buildings�gor the fo:lIog
reasou(s) :
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Sali
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 unnecessal
hardship to the Undersigned and relief may be granted without substantially deroga
from the intent and purpose of the Zoning Ordinance and Building Code for the fol]
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
Owner. ,Paul Godjikian. . . . . . . . . . . . . ..
Address117,Webb Street: Salem, MA
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner.Robert .A: Ledoux. .Esgi! r
Address. 314 Essex St:: Salem. MA
�l�c q q 978-741-2111
Date. T`elephho/n�e�. .9. .�. . . . .
By1lJ�
Three copies of the application must be filed with the Secretary of the Board of A
with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior . to
meeting of the Board of Appeal, Check payable to the Salem Evening News.
f�iitll ofslrm, {1RciF5cit11usPffs�!a i i `'; �
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 , 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 -,nd 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: cpert c
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 0. 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 )
4 L�"
mes M. Fleming, squi
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
e pursuant to Section 17 of
Appeal from this decision. if any,shall be mad -
p+e Mass. General Laws. &Cher BOB.and shall be tiled within 20 days
attar the dare of filing of this decision in the office of the City CIL
Pursuant to Mass.General Laws.Cha?ter 809.5_hon 11. the varum e
l nut
decision,cwtPermit rrur.bearmit me certtti..tionheron sat�ltha City kClark that 20 days have
elapsed and no appeal has been tiled, or that.if such appeal has been
tiled, that it has been dismisseo or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or N�: owner of record or
ed on the owner's Certificate of Title.
is recorded and not
BOARD OF APPEAL
V
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.
(9itg of ttlem, Mason cljusetbh-EL', A
Poara of cAppeal
10Cn , 20 P 2--
DECISION
-DECISION OF THE PETITION OF PAUL D. GODJIKIAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT117 WEBB ST�.RESET-1R 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.
r
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
CSC J
Richard Dionne, Member
Board of Appeals
o ==
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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.
� a~G l�ifll of �illml' � �c'I. 5eaC111I5etts
I_I rl
��l�tuuiitg �uartl
On Salem (green
FORM A - DECISION
CD
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Ms. Josephine Fusco
City Clerk
City Hall
Salem, MA 01970
Dear Ms. Fusco:
At a regularly scheduled meetinc of t.%e Sale-. Planning Board held
on May 31, 1990 it was voted to endorse "Approval Under Sub-
division Control Law Not Reauired" on the following described plan:
1. Applicant:
Paul Godjikian
117 Webb Street
Salem, MA 01970 p
a C=
G
2. Location and Description -
•
21-.ra CID
117 Webb Streetr :z CID
� 'La
sm �
Deed of property records in Essex South District Registry.
Sincerely,
Walter 'Power III f�
Chairman
WP/sm
A
p,Mxr,�
JOSEPH F. COLLINS .► 3 LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR '4 J ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
22 SO. MAIN STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET
TOPSFIELD, MA 01983 CITY SOLICITOR BEVERLY, MA 01915
745-4311 93 WASHINGTON STREET 745-4311
887-6401 AND 921-199!0%
PLEASE REPLY TO 22 SO.MAIN STREET 81 WASHINGTON STREET PLEASE REPLY T NE SCHOOL STREET
SALEM, MA 01970
745-4311
744-3363
PLEASE REPLY TO 81 WASHINGTON STREET
July 6, 1989 r- v
CD
T rn C3
William H. Munroe, Building Inspector DISTco
T
City of Salem r=im N -D
One Salem Green o y„ rrnn
Salem, Massachusetts 01970 m Z n
_ crn
_ rn
co
1_.=Re: 117 Webb Street, Salem -
Dear Mr. Munroe:
Please be advised I have examined affidavits and voting lists records
relative to the above-entitled real estate, and it is my opinion that it was
a lawful three-family prior to adoption of the Zoning Ordinance on August 27,
1965.
Although the records of the Assessor's Office indicate that it is currently
being assessed as a two-family, it is my opinion that it should be afforded the
protection of Section VIII (E.) of the aforementioned ordinance relative to
nonconforming uses for the aforementioned reasons and, thus, it's current
use as a three-family is permissible.
I am forwarding a copy of this letter to the Board of Assessors so the
property's current use is made a part of their records.
Ver t my your
CHAEL E. O'BRIEN, City Solicitor
MEO:jm
cc: Board of Assessors