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Owford® NO. 87531/3
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DECISION FOR THE PETITION OF EDWARD LAPHAM
FOR A WAIVER FROM FRONTAGE AT 160-162 OCEAN AVENUE WEST
A public hearing on this petition was held on December 18, 1997, with the following Board
members present: Walter B. Power, III, Chairman: Carter Vinson; David Hart: L.Lee Harrington;
William Cullen; John Moustakis; Kim Driscoll; and Gene Collins. 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 81 R, to allow the property located
at 160-162 Ocean Avenue West 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 160-162 Ocean Avenue
West 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 create a covenant for Lot A and Lot B to restrict the use of each property
for a single family dwelling only;
4. Petitioner shall convey said deeds to the property restricted for use to a single family
dwellings and have such language recorded for this property recorded in the Essex
County Registry of Deeds;
5. Petitioner shall comply with all conditions of the Board of Appeals Decision granted on
October 15, 1997; and
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Therefore, the Planning Board voted by a vote of eight(8) in favor, none opposed, to grant the
waiver from frontage requirements for 63 Jefferson 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 dismissed or denied, is recorded in the Essex South Registry of
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 fee for recording or registering shall be paid by
the owner or applicant.
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 5
Chairman
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bd/160ocean