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160 OCEAN AVENUE WEST - BUILDING INSPECTION 160 OCEAN AVENUE WEST mob . Titu of Salem, f ttssttcllusetts Poura of �n Pal ��•; , ;i : C t DECISION_ON THE PETITION OF EDWARD W. LAPHAM FOR A VARIANCE AT L"160 OCEAN AVENUE WESTj(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: 1 . 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 2. Petitioner shall obtain proper street numbering from the City of Silem 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 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 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 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 eitp of *alem' f aggarbU!5ettg Public Propertp Mepartment Wuil0ing Mepartment One&a[em Oreen (978) 745-9598 (ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 24, 1999 Edward Lapham 160 Ocean Avenue West Salem, Ma. 01970 RE: 160 Ocean Avenue West Dear Mr. Lapham: Due to complaints from the Neighborhood Task Force Group, I conducted an inspection of your property located at 160 Ocean Avenue West and the following building code violations were noted; 1. Missing siding. 2. Front porch missing steps and railings, 3. Open trench in yard. 780 CMR, Section 103.1, requires the owner of a building to maintain in good working order all means of egress devices and safeguards. You are hereby ordered to obtain building permits and begin repairs within thirty (30) days and repairs to be completed in sixty (60) days. If you wish to appeal this order you may refer to 780 CMR, Section 122. Failure to comply with this order will result in court action being taken against you in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Assistant Building Inspector BOARD OF ASSESSORS 3 93 WASHINGTON STREET,CITY HALL,SALEM, MASSACHUSETTS 01970-3595 (978)745-9595 Ext.261 (978) 7442069 Fax October 20, 1998 Deborah E.Burkinshaw City Clerk City Hall Salem, MA 01970 Dear Miss Burkinshaw: Please be advised that the new lot treated by the subdivision of 160 Ocean Avenue West(Parcel#24-138) been assigned the legal street address as follows: Map 24, Lot 226 162 Ocean Avenue West V ry truly vo`urs. Zc Frank I, ulik Chairman Cc: Postmaster Joseph L. Leccese Chief Robert Turner,Fire Dept. Helen Jaidosz, Water Dept. Peter Strout, Building Inspector Capt. Paul Murphy, Police Dept. Citp of 6- ale T, Alao5acbm6ett$ a Public Propertp Mepartment +NK 3kilbing Mepartment One&alem&reen (978)745-9595 (Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 4 , 1998 Edward Lapham 160 Ocean Avenue Salem, Mass. 01970 RE : 160 Ocean Avenue P-37-98 Dear Mr. Lapham: The permit application submitted for the renovation at 160 Ocean Avenue is being denied in accordance with 780 CMR 114 . 0 Fees . You are hereby ordered to "Stop Work" immediately and contact the Building Inspector upon receipt of this letter. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Kevin G. Goggin Inspector of Buildings KGG: scm cc : Al Viselli Councillor Lovely, Ward 3 ,�CM9T4, ' 6itu of �"ttlem, fc 1 as All 1 91 ,rP �lttnztin � nttrz� cr;; ,;: lRE'rlluvF.V" r f ;1Ki'�,i.�. .iAS (1�ne ttlem reFzt 0 r Frr.� s 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: I. 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 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. Gci�� /�• /G'1GL�2 , � Walter B. Power, III . Chairman o n o Z S T 4 N bd/160ocean