36-38 ORNE STREET - ZBA EN
36-38 ORNE STREET
SHARON GARDNER
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UPC 10333 o-
No. 153L-3 gb
HASTINGS,MN
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by Sharon Gardner requesting
a Variance for relief from side yard
and front yard setback require-
ments to construct a two level front ,
porch for property located at 36-38
Orne Street.Said hearing to be held
Wednesday, May 16, 2001 at 6:30
P.M.,One Salem Green,2nd Floor.
Nina Cohen
Chairman
(5/2,9)
I
Legal Notice
x CITY OF SALEM
BOARD OF APPEAL
re- 745-9595,EXT.381
lve Will hold a public hearing for all
'mg persons interested in the petition sub-
154 miffed by Sharon Gardner requesting
Ion Variance for side yard setbacks to
:30 construct a two story porch for prop-
ive erty located at 36.38 Orne Street.Said
ins- hearing to be held Wednesday,April
311y 25, 2001 at 6:30 P.M., One Salem
ills Green,2nd Floor.
i:05 Nina Cohen,Chairman
k (4/11,18)
;off
erk
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fTitv1 Of `inlem, �ttssadjusetts CLECITRKS 0 F�E A
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100! Mar 29 P
2' 49
DECISION OF THE PETITION OF SHARON GARDNER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 36-38 ORNE STREET R-2
A hearing on this petition was held May 16, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko and Stephen Harris.
Notice of the hearing was sent to abutters and others and notices of the hearing were
properly published in the Salem Evening New in accordance with Massachusetts General
Laws Chapter 40A.
The petitioner is requesting a Variance from side yard setback and front yard setback to
construct a two level front porch for the property located at 36-38 Ome Street located in
an R-2 zone.
The Variances, which have been requested, upon a finding 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 this 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. Petitioner is requesting a variance from side and front setbacks to rebuild a front two
level porch. The proposed side setback is 2 ft and the required setback is 10 ft. The
proposed front setback is 6 ft. and the required front setback is 15 ft.
2. Petitioners represented themselves at the hearing and presented plans showing the
addition.
3. There was no opposition to the petition.
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
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DV ARIANC ECISIONFOR THE PROPERTY LTHE PETITION OF OCATED 3�6-338 ORNE STREET RDNER G2 2001 ,yAr,2 q p
page two 2 4 9
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
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 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy must be obtained.
Variance Granted
May 16, 2001
Stephen ams
Board of Appeal
e
DECISION OF THE PETITION SHARON GARDNER REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED 36-38 ORNE STREET
page four
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
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.
Board of Appeal
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ORRIS S72£iT
REFERENCE:
DEED:REC.BK. 1 09 PG. 30D
PLAN: B K Z 04't K• 2 N2 THIS PLOT PLAN WAS NOT MADE FROM
TO: PRUDENTIAL NOML MOAT 6A64 )/K AN INSTRUMENT SURVEY AND IS FOR
THE PURPOSES OF THE BANK ONLY. UNDER
1 CERTIFY THAT THE BUILDING(S)SHOWN HEREON NO CIRCUMSTANCES ARE OFFSETS TO BE
ARE LOCATED ON THE GROUND AS SHOWN AND THAT THEY USED FOR ESTABLISHMENT OF FENCES,
CONFORM TO THE HORIZONTAL DIMENSIONAL REGULATIONS WALLS,HEDGES,ETC.
OF THE ZONING BYLAWS OF THE C,Z-! OF SYfLIEM
AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER MORTGAGE INSPECTION PLAN
GENERAL LAWS CHAPTER 40A SECTION 7. LOCATED AT
1 ALSO CERTIFY THAT THE - DWELLING SHOWN IS NOT X -38 ORNE STREET
LOCATED WITHIN A FLOOD HAZARD ZONE AS SALEM
DELINEATED ON THE MAP OF COMMUNITY S 250107 PREPARED FOR
SArLLM MA.,EFFECTIVE 81 5)85
THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 1, j,q.S�''C�I" '�g�sNAao�J n.7. (,ARDx£a TNOHAs RG. des
cr.iL I RLEE MAC 21,199b
TH SHORE SURVEY CORP.
DATE REG.PROFESSIONAL LAND SURVEYOR ,; `M I"1 mob LINDEN STREET- SALEM,MA.
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