176 NORTH STREET - ZBA 176 NORTH STREET (R-2):
NORTH BRANCH REALTY TRUST -
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DECISION ON THE PETITION OF TIMTOHY W. LUTTS FOR A
VARIANCE AT 176 NORTH STREET (R-2)
A hearing on this petition was held January 18, 1995 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Albert Hil, Stephen O'Grady and Arthur LaBrecque. 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, is requesting a Variance for use as a
"Professional Offices" at 176 North Street. This property is located in a
(R-2) district.
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
petitioner.
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 or 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. Property was given a variance in 1979 allowing offices for a
professional association consisting of medical, psychological, and
educational services only.
2. With the creation of (7) on-site parking spaces, the petitioner meets
all requirements to parking for this specific use.
3. Council President & Ward 6 Councillor Sally Hayes sent a letter of
support and Ward 4 Councillor O'Leary spoke in favor.
4. By granting variance, the petitioner will get a fuller use of existing
property and will eleviate a much needed parking situation in the area.
5. One neighbor spoke of concerns for parking and was given the
opportunity to see the new plans.
DECISION OF TIMOTHY LUTTS FOR A VARIANCE AT
176 NORTH STREET (R-2)
page two
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. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the land and dimensions
submitted.
3. All requirements of the Sale Fire Department relative to smoke and fire
shall be strictly adhered to.
4. A Certificate of Inspection is to be obtained.
Variance Granted
January 18, 1995
Stephen O'Grady
Board of Appeal
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DECISION ON THE PETITION OF TIMTOHY W. LUTTS FOR A
VARIANCE AT 176 NORTH STREET (R-2)
A hearing on this petition was held January 18, 1995 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Albert Hil, Stephen O'Grady and Arthur LaBrecque. 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, is requesting a Variance for use as a
"Professional Offices" at 176 North Street. This property is located in a
(R-2) district.
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
petitioner.
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 or 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 . Property was given a variance in 1979 allowing offices for a
professional association consisting of medical, psychological, and
educational services only.
2. With the creation of (7) on-site parking spaces, the petitioner meets
all requirements to parking for this specific use.
3. Council President & Ward 6 Councillor Sally Hayes sent a letter of-
support and Ward 4 Councillor O'Leary spoke in favor.
4. By granting variance, the petitioner will get a fuller use of existing
property and will eleviate a much needed parking situation in the area.
5. One neighbor spoke of concerns for parking and was given the
opportunity to see the new plans.
DECISION OF TIMOTHY LUTTS FOR A VARIANCE AT
176 NORTH STREET (R-2)
page two
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. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the land and dimensions
submitted.
3. All requirements of the Sale Fire Department relative to smoke and fire
shall be strictly adhered to.
4. A Certificate of Inspection is to be obtained.
Variance Granted
January 18, 1995
Stephen O'Grady
Board of Appeal
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January 18, 1995
Board of Appeal
One Salem Green
City of Salem
Salem, Ma.
Dear Sir:
Due to a previous commitment at the Plummer Home, I am unable
to attend this evening's meeting. However, I wish to be recorded
in favor of the petition of the Lutt' s family of North Street.
This will help to alleviate our long-standing parking
problems on Liberty Hill Avenue and I would ask that the Board
look favorably on this petition.
Very truly yours,
S,S A M. YES,
COUNCIL PRESIDENT AND
COUNCILLOR WARD SIX