92 ORNE STREET - ZBA STREET R-1 — —
ROBERT 12O
T.T. LUTTS
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Legal Not cc
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext.381
Will hold a public hearing Isub-
mitted
persons interested in the petitioby ROBERT & RACHEL p
LUTTS requesting Variance/Spe-
cial Permit from side setback to con- 1
struct a two car garage with a family ..�
room above for property located at
92 ORNE STREET(11-2).Said hearing
' to be held WEDNESDAY, APRH. 16, E
1997 AT 6:00 P.M., ONE SALEM.
{ _
GREEN,2nd Floor: , - .
Gary Barrett,Chairman
(4/2,4/9/9.7) - -
Lif Salem, �Ea99aClJU5ett6
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CI1Y of ALI'M. bass
Ctl-Rx'S OFFICF
DECISION OF THE PETITION OF ROBERT & RACHEL LUTTS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 92 ORNE STREET (R-2)
A hearing on this petition was held April 16, 1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Joseph Ywuc, Arthur
LeBrecque and Richard Dionne. 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, requests a Variance from side setback to construct a two car
garage with family room above for the property located at 92 Orne Street
(R-1) .
The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district.
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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The petitioner was represented by Craig Bell, an architect.
2. The petitioner requests to construct a two car garage with family
room above.
3. The petitioner also requested to withdraw the Special Permit without
prejudice. Petitioner's motion to withdraw the Special Permit was.
granted by a unanimous vote by the Board.
4. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
J
DECISION OF ROBERT & RACHEL LUTTS REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 92 ORNE STREET
page two
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 :
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 and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with the
existing structure.
5. Petitioner is to obtain a building permit prior to beginning any
construction.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
April 16, 1997J�Fu-
Joseph Ywuc, 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 4OA, 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 4OA, 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
DATE 0: HEARING
PE_TITIONEY. Y-
&�, � L&�
LOCATION �J /1�, _ �
NOTION: -^ GRANT SECOND
SECOND AI`ENDh:EIT SECOND
-O DENY SECOND
-0 RE-HEAR SECOND
I
b;ITHDRAW SECOND
I
CONTINUE SECOND
ROLL CALL PRESENT GRAN DENY AMEND WITHDRAW RE-HEAR CONI
GARY M.. BARRETT
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DIONNE
ASSOCIATE `(Eh?BERS /
ARTHUR LEBRECQUE
PAUL VALASiiATGIS
CONDITIONS :
C
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APPEAL CASE NO. . . . . . . . . . . . . .
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MAR 18 1 39 Ph '97 BearD of —As�reu! fIAE318 12u PH '91
TO THE BOARD OFCFiY OF BglCP9. MASS RECEIVED
, L
s OFFICE CITY OF SNLEM,MASS.
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at:. -q-41..W AhG_ SLS Street; Zoning District. ...................:
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 L% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
by c l! o�i l� `�i u a �es> Vv►u�p. S 1 - U—t g GLi_ v '"<_4
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:
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ITH '' PLOT PLAN OF LAND
W.35043 92 ORNE STREET
49 9 e.0 4o SALEM
PROPERTY OF
S��NAL LMO ROBERT & RACHEL LUTTS
SCALE 1" = 40' DEC. 30, 1990
� Q NORTH SHORE SURVEY CORP.
0 47 LINDEN ST., SALEM
Y #1214
The City of Salem
Planning Board
Appeals Board Members
City of Salem
Salem, MA 01970
Re: Proposed Garage of Robert &Rachel Lutts, 92 Orne Street, Salem
March 9, 1997
We are the neighbors of Robert &Rachel Lutts at 92 Orne Street, Salem,
Massachusetts. We have seen their proposed building plans (as designed by Craig Bell,
architect ) of a two automobile garage (with a family room above) next to their house.
We have reviewed their plans in detail and understand that they want to build the garage
within 5 feet of the property line of Edward Bennett and Betsey Bennett. We understand
that this will require a variance as the city of Salem rules require a 10 foot clearance to
the property line.
We have reviewed their proposed building plans in detail and we do not object to
o�approval of granting this variance. We understand the proposed building project
and we will not object to their plans. %
- ' 74/v
Edward Bennett Dat raig pi .'Bubilam Date
(Orr*Realty Trust)
BetseyLutts— ennett Date C nthia A. Burnham Date
(Orne Realty Trust)
D:Rob/H/Building Project
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CRAIG BARROW BELL, LUTTS GARAGE -- - -
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CHECKEDBY
ARCHITECT SALEM DATE OF ORIGINAL
SCALE'. /.r' REVISED
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