91 ORNE STREET - BUILDING INSPECTION 91 ORNE_:STREFT
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Pnar� of '83 OCA 14 P2 :59
DECISION ON PETITION OF CARL70N G. LUTTS FOR A CITY CLEr"k"S O=FICE
VARIANCE FOR 91 CRNE STREET, SALEM 5Ai-` :: ' ;AS
A hearing on this petition •ras held September 23, 1933 with the following
Board Members present: James Hacker, Chai.rmann; P'essrs. , Charnas, Hopper,
Luzinski and Piemonte. Notice of said 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 Chaoter 40A.
Petitioner requests a Variance to allow construction of an additional single
family dwelling in this R-1 district.
The Variance which has been requested may be granted ucn a finding of the -
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 structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in
volve substantial hardship, financial or otherwise, to the petitioner; an(
yt c. desirable
___r may be granted without substantial detriment to the
public good and-without nullifying of substantially derogating from the
intent of the district or the purposes of the Ordinance_
The Board of Appeal, after considering the evidence presented at the hearing
and after viewing plans of the property, makes the following findings of fact: -
1 . No opposition to petitioner's plan was voiced by neighbors;
2. The premises consists of 30.6 acres of land;.-cwhich already contains
four (4) homes and a barn;
3. If another single family house could not be built on the property
there is not other productive use of this large parcel in an R-1 zone.
On the basis of the above findins of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions or circumstances exist which affect this 30.6
acre lot which do not generally affect the district;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioner;
3. The Variance requested can be granted without substantial detriment
to the public good and without substantially derogating from the intent
of the district of the purpose of the Ordinance.
V
DECISION ON PETIT10i4 OF CARLTON G. LOTTS
FOR A VARIANCEFOR 91
page tcao ORNE ST. SALU-1
Therefore, the Board of Z'O"InS n
a Varianceto construct °Deal voted unarlinously
a single fa it „ to grant the [).tit,'
the Board, provided that 1 dwelling as shorn on a plan sub Iitted r
darellinS. Pei;itioner obtair. a Certificate of Occlp'ancy for saidto
AcOtt E. Gha.nas, .Actzng Secretary _. .
APrEd FROh1 THIS DECISION IF ANY, IIGAL€ BE mADE PURSUAFT( TO SECTION 12 OF THE NAM
GENERAL lW3S. CHAPTER 808, AND SHALL 6E FILED WITHIN 20 DAYS AFTER. THE DATE OF FLUNG t'�
C TiiiS DEi.ISIOY IN THE, OFFICE'OF-THE'=CITY CLERK. "'R W
P'J SP.Nk TO MASS. GENERAL LA',-S, CHAPTER 808. SECTICM'11; SHE VARIANCE OR SI"_CIAL'PE?'.IIT Dr7
HEREIN, SHALL NOT TAKE EFF .CT UNT;L A.COPY CF THE'D'MVI. BEAF,ING THE CERT_. .;77
FICATiONI OF THE CITY CLERK TAT 20 `JAYS Hao: ELAPSED AF:0 NO APPEAL HAS BEEN FILED. _ � '—� � 0
OP aN.FT, if SG'C8 AN APPEAL nAS 67'N FILE, THAT IT HAS BEEN DIS,a!;SSED OR DENIED IS '� "'•� :�
F_CCROM IN TI4E-SOUTi{ ESSEX RESISSRY OF DEEDS AND INDEXED"UNDER THE NAME OF THE WNMN R
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
w'o
BOARD OF APPEAL
A COPY OF.THIS DECISION
CITY CLERK PLANNING HAS BEEN FILED WITH THE PLNG BOARD AND THE