159 LAFAYETTE STREET - BUILDING INSPECTION b9-
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ofttlem, � usstttE�usetts
DECISION ON THE PETITION OF ARTHUR & ROBERT MARCHAND FOR
A SPECIAL PERMIT FOR 159 LAFAYETTE ST. , SALEM
A hearing on this petition was held June 26, 1985 with the following Board Members
present: Edward Luzinski, Acting Chairman; Messrs. , Charnas, Gauthier, Strout and
Associate Member Bencal. 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.
Petitioners, owners of the premises, request a Special Permit to convert an
existing four (4) family into a five (5) family dwelling in this R-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 11 , which provides as follows:
n -n
Nothwithstanding anything to the contrary app Karig
in this Ordinance, the Board of Appeal may, iri, _
accordance with the procedure and conditions $'.�t —
forth in Section VIII F and IX D, grant Specia9 Permits
for alterations and reconstruction of nonconfWming N
structures, and for changes, enlargement, extension 6�
expansion of nonconforming lots, land, structcces, -�
and uses, provided, however, that such change extens-Ton,
enlargement or expansion shall not be substant-,ially =re
detrimental than the existing nonconforming use to t�'ie'
neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after hearing the evidence, makes the following findings
of fact:
1 . The proposal will have no significant affect on traffic or
or parking in the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows;
1 . The proposed addition of a fifth dwelling unit will not be
substantially more detrimental to the public good than the
existing premises;
2. The proposed relief is in harmony with the Salem Zoning Ordinance.
l I�
DECISION ON THE PETITION OF ARTHUR & ROBERT MARCHAND FOR
A SPECIAL PERMIT FOR 159 LAFAYETTE ST. , SALEM,
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the relief
requested, provided that:
1 . The premises be owner occupied;
2. A minimum of eight (8) parking spaces, non-piggyback, be maintained
on-site;
3. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
J
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
CTION 17 OF THE
APPEAL MV
THIS DECISI0%, IF ANY, SHALL BE F?F.DE PUIN, 20 E TO RESER THE DATE OFIF'LIP+G
GMEHAL LAWS. CYJ.PF�.°• ST:o. Su4LL BE FI!E3 CLERK
N 20 DA' SPECIA'- PER`.,',iT
r^ SECTION 11, THL L'AEIK;CE OR
OF TH;S DECISION' IA THE CFPCE OF 7HE GtT CLERK. E',: ,vC TH_ CE T-
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L'n;'; "„_e'er Lk.LS, CHAPTER °' 7Y GF 7R:�`-�''SO'�' •.
PUP.SAh: TC' S�hLE Li:3 T'.i'•E EFFECT GRTIL A CC' `V tib -pLAL HAS EEE:; FILED,
IS
6R.AYTED HDs= . T :ER, TY,.{- 2C DAYS H4"V'F E!3.PSED A�"
FTCATSOZ t`F Tr.: CL\ APPEFI P.::S G” .i F!:E. TY.?.i �� NAS D=EN DI S.:iJjED C'P. DENIED T
DR THAT. IF 5:±%F F":
A'iD INDE>,EO U!<GER THE I:A:.E OF THE Gls';ER
4':: T'HE SOU1K ESS[): RE,SiRY :; CEEG>
or p Z"a: Ik LS ELCORDED k%D ;;OTEO Cis T . D��NER'S CERTIFIC��E OF TITLE.
ar-i v BOARD OF APPEAL
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CITY/TOWN OF 5 X} e w�
In accordance with the Massachusetts State Building Code, Section 108. 15, this
n CERTIFICATE OF INSPECTION
is issued to . . . . S . .R.rj+. " 'C. . . fn a 4 C��+ G.sT�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ITertifg that I have inspected the. . . .'P.S o P e!'ty. . . . . . . . . . . . . . .known as. . . . Rp\4�.r-f tvL a I,,f. s. . .
located at. . . . 1.5.9 . . . 1, -6.ay Q�.ttt ' . . . . . . .in the. (f'/. . . . .of. . .!�. RI.erA-n . . . . . . . . . . . . . . . . . . . . . . . .
County . . .Commonwealth of Massachusetts. The means of egress are sufficient for the following
number of persons:
BY STORY
Story Capacity Story Capacity Story Capacity Story Capacity
ist 3
Floor
BY PLACE OF ASSEMBLY OR STRUCTURE
Place of Assembly Place of Assembly
or Structure Capacity Location or Structure Capacity Location
Certificate Number Date Certificate Issued Atte Certificate Expires G; ► 0fficaal
a
The building official shall be notified within (10) days of any changes in the above information.
1
PERIODIC INSPECTION REPORT
This form is to be completed each time a Periodic Inspection is made. At the time
a new Certificate of Inspection is issued, a notation indicating that the fee has
been paid will be made to Application Form prior to the new Certificate of Inspection
being issued. Any changes since the last inspection are to be added to the file card
of the premises.
Street 6 Number
Name of Premises (� 1
Certificate to be issued to: r� ({�. y S \` �CCw C' CA�0, d
Address �--0.
Owner of Record of Building s
Address rt
Purpose for which premises are used
Changes since last Inspection (required on file card also)
1.
2.
3.
4.
5.
Date Order Issued:
Order Issued To: Address
Date Violations Corrected:
REMARKS: 5 M% Q—t
I have this day inspected the above premises, and the same conforms to the pertinent
requirements of the Massachusetts State Building Code and the rules and regulations
pursuant thereto.
`
Date u 1 ing ficial
Certificate f -6Date Issued:
Date Expires• �1���u2
Recommended Next
G
Inspection: �
� c��r (1�mnutnnurettl#!� of �tt���rl�tsri#�
CITY OF SALEM
In accordance with the Massachusetts State Building Code, Section 108. 15, this
CERTIFICATE OF INSPECTION
is issued to J. ARTHUR MnRf7HnND & SOI.._ANGE M. MARCHAND
I Tff ifg that 1 have inspected the premises known as UNIT APARTMENT DWELLING
located at 01.:59 L-AFAYI TTE STREET in the city of Salem
County of Essex Commonwealth of Massachusetts. The means of egress are sufficient for the following
number of persons:
BY STORY
Story Ca$jj %� �^7"� f r°) Capacity Story C 1 'aCi 94 Capacity
i.STFLOOR 3 UN.1TS
E:ND FLOOR 2 UNITS
BY PLACE OF ASSEMBLY OR STRUCTURE
Place of Assembly Place of Assembly
or Structure Capacity Location or Structure Capacity Location
0:7•<,4- 111.47 VICa/15/1 '=197 1719/ 15/ 01�T
Certificate Number Date Certificate Issued Date Certificate Expires 111113
uilding Official
The building official shall be notified within ( 10) days of any changes in the above information.
IIfIPrn, �irct �
M�a'` - SALEM,HASS.
SEPTEMBER 26, 1979
DECISION ON THE PETITION OF MR. AND MRS. ARTHUR MARCHAND REQUESTING A VARIANCE
FOR 159 LAFAYETTE STREET.
Pursuant to a proper notice of public hearing, a public hearing was held on
September 26, 1979 on the petition of Mr. and Mrs. Arthur Marchand requesting a
variance to use 2' rooms of their residence for the sale of antiques and objects
of art. A variance is required because the building is in an R-3 district where
this use is prohibited without a variance.
The Board of Appeals, after considering the evidence presented at the public
hearing and after viewing the property in question makes the following findings
of fact:
(A) The property in question is an attractive well-maintained four-family
dwelling which is situated between a funeral home and a multi-unit
apartment house.
(B) The antiques and objects of art which the petitioners wish to sell at
this location have a limited market. The petitioners testified that
much of their business will be done by appointment.
(C) The petitioners will make no structural changes in their building if
the variance is granted.
(D) The neighborhood is primarily a residential one although there are
several small business uses in the area.
On the basis of the above facts and the evidence presented at the public
hearing the Board of Appeals concludes as follows:
(1) The unique location of the structure in question (i.e. , between a
funeral home and a large multi-unit apartment complex) presents special
circumstances for the owners of the structure.
(2) The conditions described above do not generally affect the zoning
district in question.
(3) The conditions described in paragraph No. 1 which affect the land but
not the zoning district generally cause the following substantial
hardships: the income generated by the property is adversely affected.
(4) The requested relief may be granted without substantial detriment to the
public good because the requested use will not result in a structure
change in this attractive property and because the use will generate a
negligible amount of additional traffic in the area.
cc^_ rr IV I-0
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AllA:
s Put :CIr;
Pur3 of J�yJyy�
PAGE TWO - DECISION - MR. & MRS. ARTHUR MARCHAND - 159 LAFAYETTE STREET
(5). Desirable relief may be granted without substantially derogating from
the intent and purpose of the zoning ordinance for the reasons stated in
Paragraph No. 4 above.
Therefore, the Board of Appeals, with Chairman Boulger and Messrs. Nutting,
LaBrecque, Piemonte, and Feeherry voting unanimously in favor of granting the
requested relief, grant a variance to the petitioners on the following terms and
conditions:
(1) The variance is granted for two years to use 22 rooms of
159 Lafayette Street for the sale of antiques and objects of art.
(2) The variance is granted on condition that no structural changes
are made at the location in question.
(3) Any sign used to advertise the sale of antiques and objects of
art must be in accordance with the Salem Sign Ordinance.
VARIANCE GRANTED WITH CONDITIO. S
-App-,11, 'r7H!Z [' ` I q'IAII BE 1 P:;,1,3-!";T TO S "TiSN 17 CF THE ".SASS. Atty. Anthony M. Feeherry
' . . , , , ^: iS AF , ONE OF FILING LJt v Acting Secretary
GF T.CS OY:ISI11 10 THE CF;",C CF TR CITY CLER;. . .
PU -.�., ,. _. ;_ . =A. 'S. ._ ., _ L'1 .Ai c C; _. PERLiIT .
. ORC;_ HE.'Di;. SHALL R•1.- ,.. 1(_..T Z-FH. AC,:Y-i 'HE E �_.,R!Nr T%, CERT-
RLA-1!S: TH
CF E G!IY CLUE ?:'.4f _. btGS `.:A77 "'_4PS:.% %:1 A?PE':L HAS BEEN FILED. - -
"G ?E '_.` .:A.?'!iA- IT i...., 02-N Ni:..'.I$SED OR OE iiEO IS
Gi: . 1 IF .�i'iC.. f81 A. Fl L'.E: 5c:i, t.:._
Pr'MED III THE SG;TH ESSEX REI GT"Y OF DEEDS AND !;?DEXED UNDER, THE PIAtdE OF THE OYJNER i
OF RECCRO GR IS RECORDED AFiD NOTED CN THE U.NER'S CEP,i FICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION H.9S BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
COMMONWEALTB OF MmfirftEPT. .
S CITY OF SALEM
APPLICATION FOR CFATINd6F Aff 0S jjStKCPN
Date Z 2S -Ci7 RECE�10OFee Required S �5,OC7
CM OF SALEN,ftfte Reauired
In accordance with the provisions of the Massachusetts State Building Code. Section
108, 15. I hereby apply for a Certificate of Inspection for the below-named premises
located at the following address:
OWNER OCCUP/ Q ��c
Street d Number 9 L-CA- 'p,T7-1Z
Name of Premises
Purpose for which Premises is used (/ I-x e
License(s) or Permit(s) required for the premises by other Governmental Agencissv
License or Permit Aaency
Q/Z- BuRy�R G)G cS14GEhl1 lt:� RE /07—.
Ahlgp /R� SoMbkF� lR� ��7 GJ7�i�C 2ncs�i'c �aP�m 1/
Certificate to be issued to:Q L" M
Address:
Owner of Record of Building: '
Address:
Name of Present Holder of Certificate:
Name of Agent. if any.. .
Signature Person to waam Lerrificace TITLE
is issued o is/her authorized agent 32 7/97
Date n
INSTRi1C.rTn*rse Day ...ra pha4 : ��
I. Make check payable to: The City of Sales
2. Return this application with your check to: lasnector of Buildings. City of Salem
Building Department. One Sales Green. Salem. MA. 01970.
PLEASE NOTE:
I. Application form with required fee must be submitted for each building or structure
of part thereof to be certified.
2. Application 6 fee must be received before the certificate will be issued.
J. The building official shall be notified within ten (10) days of any change in the
above information.
DATE: 1ZO Dz
CERTIFICATE f_ all/V ' c 1. 2 EXPIRATION
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