24 HAYWARD STREET - ZBA o - �
Leg@&Notice
CITY OF SALEM -
BOARD OF APPEAL 1
Will hold a public hearing for all .
persons interested in the petition sub-
mitted by CARROLL&AYERS,ESO.
seeking a Variance from lot size to
allow land swap to rectify PropertY
lines for the property located at 2-4
HAYWARD STREET R-2.Said hearing ,
will be held on WEDNESDAY,MARCH
21, 2007, 6:30 p.m., 3rd floor, 120
Washington Street,Room 313. I -
Nina Cohen
Chairman
SN—317,3/14/07 J'
I
I
ONDITA CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
t SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
C
KIMBERLEY DRISCOLL
MAYOR `
cj C _C
April 6, 2007
Decision y -
Petition of Theodore Morris requesting Variances
for the properties at 2-4 and 6-8 Hayward Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on March 21, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Annie Harris, Elizabeth Debski and Robin
Stein.
The petitioner, Theodore Morris sought variances from lot area, side yard setback and rear
yard setback to adjust property lines for the properties located at 2-4 and 6-8 Hayward
Street, Salem, in the Two-Family Residential (R-2) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The petitioner was represented by Carroll Ayers, attorney.
2. The subject properties are in the Two-Family Residential (R-2) district and are
a pre-existing, non-conforming lots in a residential neighborhood.
3. The petitioner was requesting variances from lot area, side yard setback and rear
yard setback to adjust property lines of the adjacent parcels.
4. The frontage of the lots also required a waiver from frontage for Lot B by the
ZBA.
5. The petitioner indicated that they will be going before the Salem Planning
Board for an Approval Not Required (ANR) approval, following the Board's
decision.
6. The plans submitted indicated that the portion of the lots labeled "Lot Al"
will be combined with "Lot B", and the portion of the lot labeled "Lot B l"
will be combined with Lot A.
4
7. The petitioner presented a document, signed by all of the parties involved,
indicating that they were seeking to combine the portions of the lots as
described in the plan.
8. One member of the public spoke in favor of the petition.
9. One member of the public addressed the Board regarding concerns about
debris on her adjacent parcel.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request for Variances does not constitute substantial
detriment to the public good as the lot lines will be shifting on pre-existing
lots that are both pre-existing, non-conforming lots.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as residential dwellings are a permitted use
in the R-2 district and the use of the lots is not changing.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen,Dionne, Hams, Debski, Stein) and none (0) opposed, to grant the request for
Variances and to grant a waiver of frontage to Lot B (2-4 Hayward Street), subject to the
following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
3. The petitioner agrees to address the issues of debris raised during the public
hearing.
7
Annie Harris
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 it has been
dismissed or denied and 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.
NOTICE TO BE ATTACHED
TO WAIVER REQUEST
Date: February 21, 2007
City Clerk
Salem City Hall
93 Washington Street
Salem,MA. 01970
Dear Sir/Madam:
I hand you herewith sixteen(16)copies of Waiver Request, an application submitted by
me this day to the Planning Board of the City of Salem requesting waiver of frontage
requirements of the Subdivision Control Law.
The land shown on the accompanying plan located at 2-4 Hayward Street
Jo Matthews, Owner
lelly R, Mathews, Owner
Street Address: 2-4 Hayward Street
Salem, MA. 01970
CITY OF SALEM,Massachusetts
Planning Board
Waiver Request
To the Planning Board:
The undersigned represents(s)that he/she is (are)the owner(s) of a certain parcel of land
located at 6-8 Hayward Street, Salem, MA., which he/she proposed(s)to divide into two
(2)lots, as depicted on the accompanying plan and hereby petitions(s)the Planning Board
to waive,to the extent shown on the submitted plan,the frontage requirement of the
Subdivision Control Law,pursuant to the authority of M.G. L. Chapter 41 Section 8 1 R
for the following reasons:
To rectify the existing property line dividing 2-4 Hayward Street and 6 Hayward Street to
the existing wood fence. The existing frontage for 2-4 Hayward Street is 52.10'
requesting a change to 46.99'.Additionally, a change in 6 Hayward Street from and
existing frontage of 59.45' to a proposed of 64.56'.
Owner, f 2-4 Hayward Street. Salem Owners of 6-8 Hayward Street, Salem
�
Jo #trews,—Owner, Theodore A. Morris, Owner
a. )nom
elly R. Mathews, Owner Karen A. Morris, Owner
Anthony P. Caskey, Owner
Carrie E. Caskey, Owner
Dated this day of February, 2007
NOTICE TO BE ATTACHED
TO WAIVER REQUEST
Date: February 21,2007
City Clerk
Salem City Hall
93 Washington Street
Salem, MA. 01970
Dear Sir/Madam:
I hand you herewith sixteen(16) copies of Waiver Request, an application submitted by
me this day to the Planning Board of the City of Salem requesting waiver of frontage
requirements of the Subdivision Control Law.
The land shown on the accompanying plan located at 6 - 8 Hayward Street
Signatures o
Theodore A. Morris
Karen A. Morris
Anthony P. Caskey
Carrie E. Caskey
Mailing address for the owners: CIO Theodore Moms, 15 Dana Road, Reading,MA
01867; telephone: 781-944-4423