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CITY OF SALEM
BOARD OF APPEAL
1 978.745-9595,Ext.381
Will hold a public hearing for all
persons interested in the petition
submitted by STANLEY HEYDRICK ,
requesting Variance from off-street
parking regulations 7-3 to allow 2 curb
cuts and relief from the requirement ,
I for a 2-foot buffer zone for the proper-
ty located at 57 Ocean Avenue R-2.
Said hearing will be held on Wednes-
I day,December 14,2005,at 6:30 p.m.,
120 Washington Street, 3rd floor,
Room 313.
Nina Cohen,Chairman j
(12/1,7)
CITY OF SALEM9 MASSACHUSETTS
U6BOARD OF APPEAL CITY OF SALEM. MA
120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9848 100b FEB — I A 10. 23
DECISION OF THE PETITION OF STANLEY HEYDRICK REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 57 OCEAN AVENUE R-2
A hearing on this petition was held on January 18, 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas
Helides and Edward Moriarty. 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 a Variance from off-street parking regulations to allow 2 curb
cuts and relief from the requirement for a 2-foot buffer zone for the property located at 57
Ocean Avenue located in a R-2 zone.
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 involve.
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 reviewing the plans, makes the following findings of fact:
1. Attorney William Quinn of Salem appeared and represented the Petitioner.
2. The petitioner owns a well-maintained two-family house at 57 Ocean Ave. He
seeks a variance from the Ordinance regulations to install a second driveway at
the front of the house to enable two cars to be parked off-street.
3. In support of his petition, petitioner states that there is sufficient space for a 7 foot
driveway on either side of the entrance to the house that the adjacent properties
both have driveways and would not be adversely impacted by the installation of
hardened surface at the property line, and that the proposed driveway would be
graded so as to drain into the yard at 57 Ocean Avenue. In further support of his
petition, petitioner states that the opportunity to remove two cars from on street
parking would benefit the neighborhood.
DECISION OF THE PETITION OF STANLEY HEYDRICK REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 57 OCEAN AVENUE R-2
4. Petitioner is supported in his application by a neighbor, David Goggin of 9
Wisteria Street and Ward 5 Councillor, Matthew Veno and Councillor at Large
Joan Lovely.
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.
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 4 in favor and 1 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
Variance Granted
January 18, 2006 Nina C�
Board of Appeal
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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.
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C�V of $att a, AnssarhusMs
(Office of flle CIV (tlouncil
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COUNCILLORS-AT-LARGE JEAN M. PELLETIER WARD COUNCILLORS
PRESIDENT
2006 2006
MICHAEL BENCAL CHERYL A. LAPOINTE LUCY CORCHADO
THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C.SARGENT III LEONARD F.O'LEARY
MATTHEW A.VENO
PAUL C. PREVEY
JOSEPH A.O'KEEFE, SR.
Ms. Nina Cohen, Chair January 18,2006
Zoning Board of Appeals
City of Salem
120 Washington Street
Salem, MA 01970
Re: Petition of Stanley Heydrick requesting a Variance from off-street parking
regulations to allow 2 curb cuts and relief from the requirement for a 2 foot buffer
zone for the property located at 57 OCEAN AVENUE R-2.
Dear Ms. Cohen and Members of the Board:
Please accept this correspondence as my support for the above-referenced
petition. I have had the opportunity to view the two units at this address and I am
impressed with the quality of work and materials used by the petitioner in
rehabbing this beautiful structure. With the parking crisis we are experiencing in
the city of Salem and its neighborhoods, due consideration should be given to this
petitioner to allow for these two curb cuts for this property. I trust that any
potential vehicles that would be parked in these respective spaces will not impede
upon the sidewalk to the detriment of pedestrian traffic and safety.
I appreciate your attention and assistance in this regard. Should you have
any questions or comments, please do not hesitate to contact me.
Very truly yours,
Jo B. Lovely
Councillor at Large
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
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Letter of Support
To the Salem Zoning Board of Appeals,
I fully support the petition by Stanley J Heydrick of Heydrick Gold LLC to
have 2 curb cuts made at 57 Ocean Avenue directly adjacent to the existing
brick patios/driveways.
Signed: 4-."_ �)zn
Lisa Sinatra, owner at 58 Ocean Avenue
Date �l/1 l 7�a d 0 5
I
Letter of Support
To the Salem Zoning Board of Appeals,
I fully support the petition by Stanley J Heydrick of Heydrick Gold LLC to
have 2 curb cuts made at 57 Ocean Avenue directly adjacent to the existing
brick patios/driveways.
1 .
Signed:
Richa Nobile, er at 60 Ocean Avenue
Date
Letter of Support
To the Salem Zoning Board of Appeals,
We fully support the petition by Stanley J Heydrick of Heydrick Gold LLC
to have 2 curb cuts made at 57 Ocean Avenue directly adjacent to the
existing brick patios/driveways.
Signed:
Thomas Doh , owner at 59 06ean Avenue
Signed: l'Y�
Sandra Doh nry, owner af 59 Ocean Avenue
Date Z a 5
Date
Letter of Support
To the Salem Zoning Board of Appeals,
We, the condominium board of the 55 Ocean Avenue Condominium, fully
support the petition by Stanley J Heydrick of Heydrick Gold LLC to have 2
curb cuts made at 57 Ocean Avenue directly adjacent to the existing brick
patios/driveways.
Signed: (j�
Christopher Jones, Trustee of the 55 Ocean Ave. Condominium
Date
FROM MERRITT CONSTRUCTION PHONE NO. Dec. 13 2005 11:2eAM P1
Letter of Support
To the Salem Zoning Board of Appeals,
1 fully support the petition by Stanley J Heydrick of Heydrick Gold LLC to
have 2 curb cuts made at 57 Ocean.Avenue directly adjacent to the existing
brick patios/driveways.
Signed: /44 -
Ronald Merritt,owner at 52 Ocean Avenue
Date
Letter of Support
To the Salem Zoning Board of Appeals,
We fully support the petition by Stanley J Heydrick of Heydrick Gold LLC
to have 2 curb cuts made at 57 Ocean Avenue directly adjacent to the
existing brick patios/driveways.
Signed: G'
Charles C 77,11r., owner at 56 Ocean Avenue
Signed: yy"sl- - - (2, 0'1' _ � 5 � IA
Luz Abaya-Connolly, o er at 56 Ocean Avenue
Date �a��
Date �Z� )