173 OCEAN AVE W - PLANNING WAIVER OF FRONTAGE
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CITY OF SALEM
PLANNING BOARD
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Decision D
For The Petition Of Richard Pelletier, Trustee of Pelletier Realty Trust lir A m3
Waiver From Frontage At 173 Ocean Avenue West v
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A Public Hearing on this petition was held on November 18, 2004. The Public Hearing was
closed on November 18, 2004 with the following Board members present: Walter B. Power, III,
Chairman; John Moustakis; Paul Durand; Christine Sullivan; David Weiner; Ellen DiGeronimo
and Chuck Puleo. Notice of this meeting was sent to abutters and notice of the hearing was
properly published in the Salem Evening News.
Richard Pelletier,Trustee of Pelletier Realty Trust, 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 173 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 173 Ocean Avenue West, as
shown on the plans titled, "Plan of Land in Salem, Property of Lionel R. & Mary G. Pelletier,"
dated September 30, 2003 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; and
Therefore, the Planning Board voted by a vote of seven (Power, Moustakis, Durand, Puleo,
Weiner, DiGeronimo, Sullivan) in favor, none opposed, to grant the waiver from frontage
requirements for 173 Ocean Avenue West.
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 owner or applicant shall pay the fee for
recording or registering.
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM
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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PLAN OF LSI
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PROPERTY OF
LIONEL R. a MARY Cl. PELLET/E)Z
SCALE : 1 "= 20 ' SEPT. 30, 2003
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BAY 5TATE SURVEYIN6 Assoc. , INC.
/00 CUN7N7I N65 CENTER, BEVERLY, MA,
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CITY OF SALEM
PLANNING BOARD
Form A — Decision
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Ms. Cheryl LaPointe — cn
City Clerk
Salem City Hall D
Salem, MA 01970ca
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Dear Ms. LaPointe:
The Salem Planning Board voted on November 18, 2004 to endorse "Approval Under
Subdivision Control Law Not Required" on the following described plan:
1. Applicant: Richard Pelletier, Trustee of Pelletier Realty Trust, 173 Ocean Avenue West,
Salem, MA 01970
2. Location: This parcel is located at 173 Ocean Avenue West, assessors map 24, parcel
179.
3. Project Description: This Form A subdivides the existing lot into two new lots IA and
113. Lot 1A has a total area of 6,750 square feet with 75 feet of frontage along Ocean
Avenue West. Lot 1B has a total area of 6,750 square feet with 75 feet of frontage along
Brooks Street.
Sincerely,
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Walter B. Power, 1H
Chairman
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM
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PROPERTY OF
L/ONEL R. Ati MARY U. PELLET/ER
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SCALE : I 20 ' SEPT. 30, 2003
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(SCA LE /N FEET
BAY STATE SLIRVEY/NG ASSOC. , INC.
/00 CUMN7/NG5 4ENTER� BEVERLY MA.
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