7 HILLSIDE AVE - PLANNING WAIVER OF FRONTAGE
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Decision
For The Petition Of Kevin O'Donnell For A
Waiver From Frontage At 7 Hillside Avenue
A Public Hearing on this petition was held on July 10, 2003, with the following Board members
present: Walter B. Power, III, Chairman; John Moustakis; Pam Lombardini; Gene Collins;
Chuck Puleo; Christine Sullivan; Paul Durand; and David Weiner. Notice of this meeting was
sent to abutters and notice of the hearing was properly published in the Salem Evening News.
Petitioner, owner of the property, is requesting a waiver from frontage requirements from the
Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the property located
at 7 Hillside Avenue to be subdivided into two lots. This section states that "A Planning Board
may in any particular case, where such action is in the public interest and not inconsistent with
the intent and purpose of the subdivision control law, waive strict compliance with its rules and
regulations, and with frontage or access requirements specified in the law...."
The waiver from frontage is being granted for the property located at 7 Hillside Avenue upon the
findings by the Board that:
1. Special circumstances exist which especially affect the land and structures involved and
which are not generally affecting other land and structures involved;
2. Literal enforcement of the provisions of the Regulations would involve substantial hardship,
financial or otherwise, to the petitioner;
3. Petitioner shall comply with all conditions of the Board of Appeals Decision granted on
January 15, 2003: and
Therefore, the Planning Board voted by a vote of eight (8) in favor, none opposed, to grant the
waiver from frontage requirements for 7 Hillside Avenue.
This endorsement shall not take effect until a copy of the decision bearing certification of the
City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal
has been filed that it has been dis»iissed or denied, is recorded in the Essex South kegisuy of
One Salem Greer,; Salem, Massachusetts 01970 (972) 745-9595 ext 31 5 Fax (978) 740-0404
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Deeds and is indexed in the grantor index under the name of the owner of record or is recorded
and noted on the owner's certificate of title. The owner or applicant shall pay the fee for
recording or registering.
I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the
Decision and plans is on file with the Planning Board.
Walter B Power, III
Chairman
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