197 Lafayette Street ZBA Final DecisionDOMINICK PANGALLO
MAYOR
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET ♦SALEM, MASSACHUSETTS 01970
TEL: 978-619-5685
September 9th, 2024
Decision
City of Salem Board of Appeals
The petition of 2 WIZEMENN LLC at 197 LAFAYETTE STREET. (Map 34, Lot
0472) (R3/ECOD Zoning District) for Variances from Sections 4.1.1 Dimensional
Requirements and 5.1.8 Required Parking Spaces of the Salem Zoning Ordinance to
convert a multi-use building into a three-family dwelling. 197 Lafayette Street is
nonconforming for front yard setback where 12.6’ feet is sought and 15’ is required, and
side yard setback where 4.9’ is sought and 20’ is required. In addition, a Variance from
lot area requirements where 4,000 feet is sought and 25,000 feet is required. A Variance
from Section 5.1.8 for Required Parking Spaces where three parking spaces will be
provided and five parking spaces are required.
A public hearing on the above petition was opened on August 21st, 2024, pursuant to
M.G.L Ch. 40A, § 11 and was closed on August 21, 2024.
On August 21, 2024, the following members of the Salem Board of Appeals were present:
Nina Vyedin (Chair), Paul Viccica, Ellen Simpson, Stephen Larrick, and Carly McClain.
Statements of Fact:
The petition is date-stamped June 17, 2024. The petitioner seeks the Board of Appeals
approval to convert a mixed-use building with a dentist’s office into a three-family
dwelling.
1. 197 Lafayette Street is owned by 2 Wizemenn, LLC.
2. The petitioner was 2 Wizemenn, LLC.
3. The representative was Paul Lynch.
4. 197 Lafayette Street is located in the R3 and ECOD Zoning Districts (Map 17, Lot
200).
5. On August 21st, 2024, Paul Lynch presented the plans to the Board.
6. 197 Lafayette Street is a nonconforming mixed-use building in the R3 Zoning
District. The Petitioner proposes to change it to a conforming three-family use that
is allowed in the R3 Zoning District.
City of Salem Board of Appeals
September 9th, 2024
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7. Variances are needed to construct the three-family units as 197 Lafayette Street
is an undersized lot for the proposed use. The lot at 197 Lafayette Street is 4,000
square feet, where 25,000 square feet is required.
8. 197 Lafayette is nonconforming in its front and side yard setbacks. The front yard
is 12.6 feet, where 15 feet is required. The side yard set back is 4.9 feet, where
20 feet is required.
9. A Parking Variance is sought due to the undersized lot having no additional space
to accommodate the required parking for the three-family use. There is presently
three parking spaces available and there is not space for the required five spaces.
10.Derek Bloom, Bloom Architecture, reviewed the proposed plans. 197 Lafayette
Street currently has a vacant basement, an optometrist’s office on the first floor,
and residential apartment on the top floor and a vacant attic. There are three
existing parking spaces.
11.The Petitioner is proposing a basement unit, first floor unit and a renovated second
floor unit with bedroom in the attic space. There will be new window wells that
will serve the basement unit.
12.The Petitioner will be increasing the size of the dormer that services the attic space
window, to comply with legal rescuing opening standards.
13.Nina Vyedin inquired about the parking plans showing six parking spaces laid out
as three parking spaces but in tandem. Tandem parking is not allowed in the city
of Salem. Attorney Lynch stated the Petitioner knows that tandem parking is not
allowed, but the tandem parking will be on site to add depth to the three parking
spaces on site.
14.Paul Viccica asked if the Petitioner had considered a parking plan that allowed four
or five parking spaces.
15.Attorney Lynch stated that to conform with the standard nine by twenty-foot
parking space dimensions, the Petitioner would not have enough from to comply
with the required dimensions.
16.Nina Vyedin stated the proposed plans include six tandem parking spaces and
tandem parking is not allowed in the city.
17.Attorney Lynch stated the Petitioner would accept a special condition that the
approved parking would be only for three spaces and not the six tandem parking
spaces on the submitted site plan.
18.There were no public comments
The Salem Board of Appeals, after careful consideration of the evidence presented at the
public hearings, and after thorough review of the petition, including the application
narrative and plans, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
City of Salem Board of Appeals
September 9th, 2024
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Variance Findings:
The Board finds that the adverse effects of the proposed use will not outweigh its
beneficial impacts to the City or the neighborhood, in view of the particular characteristics
of the site, and of the proposal in relation to that site. In addition to any specific factors
that may be set forth in the zoning ordinance, the determination includes consideration
of each of the following:
•Do special conditions and circumstances especially affect the land, building, or
structure involved, generally not affecting other lands, buildings, and structures
in the same district: There is no ability to change the setbacks to conform due
to the size of the corner lot, the location of the existing building, as well as no
ability to provide additional parking.
•Will literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the applicant in attempting to put the property to
productive use: The applicant would not be able to change to a conforming use.
•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 district is an R3 Zone and is designed for
multi-unit use.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted five (5) in favor (Nina Vyedin (Chair), Paul Viccica, Ellen Simpson,
Stephen Larrick and Carly McClain)) and none (0) opposed to grant 2 WIZEMENN
LLC at 197 LAFAYETTE STREET Variances from Sections 4.1.1 Dimensional Requirements
and 5.1.8 Required Parking Spaces of the Salem Zoning Ordinance to convert a multi-use
building into a three-family dwelling, subject to the following terms, conditions and
safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
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September 9th, 2024
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6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any city board or commission having
jurisdiction including, but not limited to, the Planning Board.
9. Unless this decision expressly provides otherwise, any zoning relief granted does
not empower or authorize the petitioner to demolish or reconstruct the structure(s)
located on the subject property to an extent of more than fifty percent (50%) of
its floor area or more than fifty percent (50%) of its replacement cost at the time
of destruction. If the structure is demolished by any means to an extent of more
than fifty percent (50%) of its replacement cost or more than fifty percent (50%)
of its floor area at the time of destruction, it shall not be reconstructed except in
conformity with the provisions of the Ordinance.
10.All construction shall be done per the plans and dimensions submitted to and
approved by this Board. Any modification to the plans and dimensions must be
approved by the Board of Appeals unless such changes are deemed a minor field
change by the Building Commissioner in consultation with the Chair of the Board
of Appeals.
11.Petitioner shall schedule Assessing Department inspections of the property, at least
annually, prior to project completion and a final inspection upon project
completion.
Special Condition
1. Variance is granted for three parking spaces. The applicant will provide an
updated site plan that shows there are no tandem parking spaces at the site.
__________________________
Nina Vyedin, Chair
Board of Appeals
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 of filing of
this decision in the office of the City Clerk. Pursuant to the 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 has been filed
with the Essex South Registry of Deeds.
City of Salem Board of Appeals
September 9th, 2024
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