160 OCEAN AVE WEST - ZBA MO OCEAR AVE. WEST R-2
IDWARD W. LAPHAM - --
s
Legal Notice
_ CITYOF SALEM
BOARD OF APPEAL I
- 745-9595 EXT.381 _Will hold a public hearing for all
persons interested in the petition sub-
mitted by EDWARD W. LAPHAM
requesting aVariance to subdivide
-property;Lot A,Variance from lot size,
frontage&side setback; Lot B, Vari-
ance on lot size and frontage to allow a
dwelling to be built for the property
located at 160 OCEAN AVE. WEST
(R-2). - Said hearing to be held
WEDNESDAY, OCTOBER 15, 1997
. AT 6:30 P.M.,ONE SALEM GREEN,
-2nd Floor. : . . -
Gary Barrett,Chairman
-
(10/1,10/8/97)
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DECISION ON THE PETITION OF EDWARD W. UPHAM FOR A VARIANCE AT
160 OCEAN AVENUE WEST (R-2)
A hearing on this petition was held October 15, 1997 with the following
Board Members present: Gary Barrett, Chairman; Paul Valaskagis, Nina
Cohen, Joseph Ywuc and Albert Hill . 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.
Petitioner, owner of the property, represented by Attorney Stephen Lovely,
is requesting a Variance to subdivide property; Lot A, Variance from lot
size, frontage and side setback; Lot B, Variance from lot size and frontage
to allow a dwelling to be built on the property located at 160 Ocean Avenue
West, (R-2) .
The Variances which have been requested may be granted upon a finding by
this Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands , buildings and structures involved .
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners .
3 . 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 viewing the plans, makes the following findings
of fact:
1 . There was no opposition in this matter.
2. Kevin Talbot and Donald Hess spoke in favor.
3. This will allow petitioner a fuller use of the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
Lot A:
I . Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
DECISION OF THE PETITION OF EDWARD W. LAPHAM FOR
A VARIANCE AT 160 OCEAN AVENUE WEST, SALEM
page two
'L
2 . Petitioner shall obtain proper street numbering from the_ City of Salem
Assessors Office. -
3. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
4 . Petitioner will create a covenant to restrict the use of the property
for a single family dwelling only.
5. Petitioner shall convey said deed to the property restricted for use to
a single family dwelling and have such language recorded for this
property recorded in the Essex County Registry of Deeds.
Lot B.
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 . Petitioner will create a covenant to restrict the use of the property
for a single family dwelling only.
4 . Petitioner shall convey said deed to the property restricted for use to
a single family dwelling and have such language recorded for this
property recorded in the Essex County Registry of Deeds.
Variances Granted q
October 15, 1997
Albert C. Hill , Jr.
Member, Board of Appeal
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 after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusett's 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 certification 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 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.
Board of Appeal
APPEAL CASE NO: . . . . . . . . . . . . .
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TO THE BOARD OF APPEAL:
The Undersigned
represent that
/he/she is/are the owners of a certai/n�parcel of land
located at: .�lOY.�! � t .G(// • • • • •Street; Zoning District..1�� . .. . . ..... . ;
and said parcel is affected by Section(s). . . . . . . . .. . . . . . . . . . . .. of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
Direct Appeal
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The Application for Permit was denied by the Inspector of Buildings fa to following
reasou(s) :
Direct Appeal
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
Requesting variances for subdivision of property
located at 160 Ocean Ave. W. Lot A requesting variance on
lot size from 15 ,000 to 7, 225 sq. ft . , lot frontage from
10O . ft . " to 50 ft . and side set .back `from . 10 .ft . .tO 4 ft.
Lot B from lot size of 15 , 000 tO 7 , 275 sq. ft . from 100ft .
frontage to 50 ft . frontage to allow a dwelling to be built.
Owner ECIVi krA W:. JLAPbPA . . . . . . .. . . . . . . .
Address.l60. .Qceall.Ave... .WQBt ... .. . . . .
Telephone�41=7419
. . .. . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . SAME.
. . .. . . . . .. . . . .. . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
Date.SPRtembez .2I,. .1997 Telephone. . . .. . . . . .. . .. . . . .. . . . . . .. . . . . .
By. .. . . . . . . . .. . . . . ... . ... . ....... .... . ..
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $. 121 ;26, ,, . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
n ' n DATE OF HEARING
PETITIONER L 6� L
LOCATION JL n tq
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DIONNE
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
PAUL VALASKATGIS
CONDITIONS:
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VARIANCE APPLICATION
160 OCEAN AVE. WEST
SALEM, MASS
I hereby support the variance application
for 160 OCEAN AVE . WEST, which would allow LOTS
A and B to be subdivided and allow two sep erate
dwelling units , one on Lot A and one on LOT B.
NAME ADDRESS
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LOT B LOT A
AREA= 7275 S.F. AREA= 7225 S. F.
15.7'
aYNhUVAL UNDER SUBDMI' iuN CONTROL LAW
Qi
NOT REQUIRED. 2 STORY Q
SALEM PLANNING BOARD.
2 WOOD a
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No. 160
5 7_ Y 4 0
PORCH
2 mi
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-- - OCEAN AVENUE WEST
SUBDIVISION PLAN
SALEM , MASS.
I CERTIFY THAT THIS ALAN :ONFORMS To TF E Ru�_E> SCALE : .2C' SEPTEMBER 6, 1997
AN'ON' AND REGULATIONS OF THE REc; ;rERc V OEEI S ANTONI SZERSZUNOWICZ PROFESSIONAL LAND SURVEYOR
asr,NOw P.O.BOX 567 MILTON, MA 02186
3636 PHONE: (617)686-5057
.. 'vAl �ANC ' . ✓y_-. - _.
CRAPHI, 'SCALE
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