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255-259 LAFAYETTE STREET - BUILDING INSPECTION 255-259 T.AFAYETTE STREET F, 1 'mad Robert C. Tracy 1 Laurel Street Salem, Ma. 01970 508 745-4505 (fax) 508 740-5978 July 25.1996 Leo E. Tremblay Director of Public Properly City of Salem, Massachusetts Public Property Department Building Department One Salem Green Salem, Ma. 01970 Subject: Parking Spaces at256-258 Lafavatte Street Dear Mr. Tremblay: I appreciate your letter of July 17, 1996 concerning our three designated parking spaces located at subject address. My mother, Dorothy W.C. owns the 1 Laurel St. property since the passing of my father in April of 1995. Being a lawyer, my mother was quite concerned when she read your letter and wants this misunderstanding resolved as soon as possible. I act in my mother's behalf handling the day to day operations and up keep of her property. My brother William of Marblehead assists my mother with her legal affairs. My brother Leo from Montana works closely with William especially when William is out of the country, which he is currently. Your letter was informative and it is now clear why there is so much confusion as to the easement that One Laurel Street has for three (3) parking spaces designated as E-1, E-2. E-3 on a site entitled "Plan of Land in Salem, Massachusetts, prepared for Greystone Manor Condominiums on March 23,1987" recorded with the Registry of Deeds on September 23, 1987. What I don't see included with the copy of the Board of Appeal 8 conditions that you sent me is a copy of the MASTER DEED, BOOK 9202 PG 357-383 and EASEMENT, BOOK 9197 PG 544-547. You are conTect in so stating that six spaces are to be used by neighbors on Laurel, Linden and Lafayette streets exclusively However, von may want to refer to the Master Deed which excludes three (3) parking spaces which were conveyed by easement to my father, William A. and my mother, Dorothy W.C. This is in addition to the six(6) parking spaces mentioned above. wy My mother has instructed me not to remove the three (3) signs which my brother William authorized me to install on May 10, 1996 In addition he has requested that you send a letter to the Greystone Manor Condominiums as well as the residents of Laurel, Linden and Lafayette streets clarifying the rights of the neighbors to use six (6) parking spaces and the exclusion of three (3) additional parking spaces to be used exclusively by the residents at# One Laurel Street. After you have had the opportunity to familiarize yourself with the Master Deed, please fell free to contact me with any questions that you might have. I would be more than happy to meet with you at the site, 1 Laurel St. or at your office, which ever is most convenient for you. Incidentally, the three signs which we installed back in May disappeared about a month ago for two days. My mother attributed the mishap to vandalism by youths from another neighborhood. This made sense however; upon further investigation by me, the signs were retrieved unblemished including hardware in the dumpster located at Greystone Manor Condominiums. I appreciate your assistance in handling this matter in a prompt and timely manner so there won't be ani more disruption in the neighborhood. Sims rely, � � 4r � V Robe,rt C. Tracy , RCT: boss enc. cc: Dorothy W.C. Tracy William W. Trace Leo W. Tracy William Kelly, CouneilorWard 5 Robert LeDoux City Solicitor � M,cowrv,a . . 1MLDiNG DI:'f Salem Historical Commission CITY HALL. SALEM. MASS. 01970 fin -7 815 All '90 Y�JAfalNM6 tP�SY + I�1 BECEI'Vc0 CITY OF SALEM,MASS. CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [ ] ; demolition [ ] ; moving [ ]; alteration [ ] ; painting [x]; sign or other appurtenant fixture [ ] work as described below in the . . . Lafayette St. Historic District. (NAME OF HISTORIC DISTRICT) Address ofProperty: 255-259 Lafayette- Name of Record Owner: Lafayette Court condo. Assoc. DESCRIPTION OF WORK PROPOSED: Repainting of trim, sash, doors, shutters & wrought iron existing colors. Non-applicable due to being an inkind replacement. does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. f Dated: August 6, 1990 SALEM HISTORICAL COMMISSION q BY -/ Chairman BUILDING DEPP s 's An 7 8 .7.5 Al i `90 RECEIVED 61Tw W SALEM, HASS. Salem Historical Commission CITY HALL. SALEM. MASS, 0%970 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction ( ) ; reconstruction ( ) ; demolition ( ) ; moving ( ) ; alteration ( ) ; painting (x ) ; sign or other appurtenant fixture ( ) work as described below in the . . . Lafayette St. Historic District (NAME OF HISTORIC DISTRICT) Address of Property: 255-159 Lafayette St. Name of Record Owner: Lafayette Court Condo. Assoc. DESCRIPTION OF WORK PROPOSED: Painting body of house as per color sample submitted. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated: August 6, 1990 SALEM HISTORICAL COMMISSION COMMISSION By 19 ( .y` I? Chairman �zC2rn ) 3 MY6 �,rie✓Gv,Czd - 1, rk-J no�uz fir^ r Ir. Thr. 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S 5Li- ktvL O'K' k)r 6 A'SUp cav i7zcw rhZ .,rabbet w' �� buvii� � blo�,r� OLU Urmn oC (-k- /g . -r c J3 . vauLnE ciparFrner��e feNF oper any cthc- nr�1l- . r�sti MRS1 jtiv Lcwks UkqL pra`.)ko . s�• z� a a� wly l- mpriwAo- IN occur ;p T dare J��caf� ah turne Lxvtr) �� L hPVC. rnoi-iPtil- to �u va-0,. Fa - _- (MO) . (0)) PAS(( S -CClNlP/n 0 v�nj cM_ 6�k _255-257=25_�j - - -- -- - - - / r� D� -= -n - - - - - -- -- - - - - - - - - _cJCCuu�(� GIS f - �iCG1'-�iYrnQ Yr)WYI(Jv l� 6ti_�1Q t l G�UIfCY1lWt_ I �er�_�c - - - -- -— - cvli .tm� ✓tra -° � �� _�( -Guy i ii i- �uc��n Wt kh - -- - - - --- -- - -- ✓ �Way nac�) ,- - - -- -- - - - - - - -- -- ---- — - - - ---- -- -- - -- Vii ( -_a_w-cao (r n "k, ala _14,l '- -- .. _ l�_. CUN� /11Q/{')_ h2lM,LQPII IM` ��✓1_ Cl/i�t���Cf'_� Q���7'I�L� _ -- - - ------- -- - - ---- — - -- 1�- !lQc C-Jo - -- _- --- -- -- - - -- -- _- ----����M---tea ��y_s— __ - -- --_- - ----- - -- - - — - - � 1 , _nom Jj. 0- aW*aew,7�__ Ace n, ` '- T77 -- a _ Nyily w ------ ---- ----- - -------- At- - - - - 6- /2w-r%l� m�k Cuero - ��/oG�� ►� o✓,�c i/_e kJ_-- ---- faW X_'_*.�_ aoav j/f a - - ---- ---- d --- - ------ -- ---- lr,7 ad �dJ G7 i -- - 570po d - = -- -- - - -- - - - .. � _ ___ ____- _._-____.__- . -____. _ _.__-__._.__. . _ _� _ __ ____-_ . ..-____.-_�__._ r _____ r - _. Ctg of ���<�lem, gassarlittsetts Departurent of. 1jublir ?Jinrls Gine �u(rnt Orem ANTHONY V. FLETCHER. R.P.E. RICHARD P. SWENSON, C.E. DIRECTOR of PUBLIC SERVICES Assistant Civil Engineer CITY ENGINEER January 16, 1981 Designtech Newbury Road Ipswich, MA. 01938 Mr.John C. Savidas President RE: Your 14 January Gentlemen: Your explanation in reference to your project at 255-259 Lafayette Street appears to satisfy Salem requirements. Please forward the Condominium Trust agreement, for review, to Mr. William Tinti , Esq. , City Solicitor, 70 Washington Street, Salem, MA. 01970. Very truly yours, A. V. Fletcher, P.E. City Engineer Director of Public Services AVF/cc cc: Robert Gauthier, Building Inspector M 00 01 r ro O uE p ,y A Ln M-0 •N 3 N `a c .a rrn 14 January 1981 City of Salem Dept. of Public Works one Salem Green Salem, Massachusetts 01970 Attn: . Anthony V. Fletcher R,P.E. City Engineer Gentlemen: The condominum conversion underway at 255-259 Lafayette St. has two water meters serving 11 units. It is the intention of this office to transfer these accounts to the "Lafayette Court Condominum Trust" prior to the sale of the first unit. The "Trust"will be responcible for water & sewer charges as it collects a maintainance fee from all owners on account of this and other expences, Designtech, Inc. shall oversee the operation of the "Trust" until it sells the last unit at which time the trustees of the condominum will take charge of this obligation. The "Trust" was recorded at the Registry on Dec . 8, 1980. With regard to rubbish collection, a. private con- tractor has been engaged to provide this service at the expence of the "Trust" . Please contact this office to acknowledge if this proposal is acceptable. i Very Truly Yours, John C. Sanidas President, Designtech Inc. r A,.1'+D�.�CrijXYk:,:l ` i,4`s`7 is$�.2t.?2dt '( A�7' yy Ll2�t�'tx� .��'pnAR'.1C�.�Id Robert E. Gauthier One Salem Green October 30, 1950 Atty. Mark E. Vershbow Ardiff, Ardiff & Morse 32 Maple Street RE: Designtech, Inc. Danvers, MA 01923 255-259 Lafayette St. Salem Dear Atty. Vershbow: I am familiar with the premises at 255-259 Lafayette Street, Salem, Massachusetts. It is my opinion that the premises, consisting of three buildings which contain 11 apartment units plus two garage buildings having 15 spaces altogether, are not cur 'ently in violation of the Salem's Zoning By-Law. This is because the lot, the structures and their locations, and the use of the lot either conform to the current require- ment of the said Zoning By-Law, or were established prior to the enactment of the said Zoning By-Law and therefore under the By- Law and General Law Chapter 40A need not conform with its provisions. This opinion is subject to applicable restrictions on alter- ing, extending or discontinuing non-conforming uses, lots or buildings. Very truly yours, L Robert E. Gauthier Building Inspector & Zoning Enforcement Officer REG: tc ARDIFF, ARDIFF & MORSE WILLIAM B.ARDIFF ATTORNEYS AT LAW RALPH E.ARDIFF,JR. GEORGE E.MORSE 32 MAPLE STREET MALCOLM F.M.cLEAN,III ROBERT L.HOLLOWAY,JR. DANVERS,MA 01923 ALAN L.GRENIER TEL.774-1121 ROBERT P.TEATON AREA CODE 611 JOHN S.LEGASEY EUGENE D.ISAAK - DAVID BAER EDWIN J.SMITH MARK E.VERSHBOW October 29, 1980 Robert E. Gauthier Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: 255-259 Lafayette Street Dear Mr. Gauthier: Per our telephone conversation of October 29, 1980, I am writing to request a zoning opinion from your office. My client, John Sanidas, is purchasing the property at 255- 259 Lafayette Street in Salem. It is his desire to confirm with your office the understanding that, due to the age of the existing buildings on this property, those buildingsare not in violation of Salem' s zoning by-law; rather, they are "grandfathered" because they were erected before the by-laws enactment. I am enclosing some suggested language which I hope meets with your approval . If it does not, of course we will be pleased with whatever certification you feel is appropriate. Thank you very much for your consideration. Yours truly, Mark E. Vershbow MEV:caa Encl. TO: Ardiff, Ardiff & Morse, Attorneys 32 Maple Street, Danvers, Mass. 01923 Mr. John Sanidas, President Designtech, Inc. , Ipswich, Mass. 01938 RE: 255-259 Lafayette Street, Salem Gentlemen: I am familiar with the premises at 255-259 Lafayette Street, Salem, Massachusetts. It is my opinion that the premises, consisting of three buildings which contain 11 apartment units plus two garage buildings having 15 spaces altogether, are not currently in violation of the Salem' s Zoning By-Law. This is because the lot, the structures and their locations, and the use of the lot either conform to the current require- ment of the said Zoning By-Law, or were established prior to the enactment of the said Zoning By-Law and therefore under the By-Law and General Law Chapter 40A need not conform with its provisions. 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E:��, e�C35 fZv � 4 .�G v� wl r rz{JrtSc l,)- W4) Occur i i denF JGc<< cn u'.V�r I( L ��,•VC. Y1d`�hZ1x to 'Vo cmc V/Is(an g mblc?m.��� �r� �r ovi-� 25-M- z s�_ ��/ay� . P - -- CZ'�tiLl C�G �Gti Gti1( CG^r h k" Ult --- - 3 ll` �n�g � -iJ?t1 �a G C�ti5UiLa� t�-G LtL_C'E�� _ An�'1� t�h �-wUi� ma�v�-sh�� po 122cML c29 s J . mat n^^ n h - -/` .'� Cl /Y1lnCU �_�Q�dvl p_ Cl2_ (tel Q( �P/ILi.G kGt --- — �_ u�{'✓Ji�CQ/1/J_Gt� ft } h'CLL l2rQ lU_C ticQ Q_ l _a lQ./. a ------------ --- gyp/ - -- -- -- awl -_o v, ----- -- r3: Wo a ----- ------ - JJJ F{ vii, yl _61 C(qi 71�t rG✓1_( - -- ---1� ' I-1 L ng-f d_C C ------ COQ cc ems _ __ . __ _ CCL�•n��/�1G�•(i mulon_'L t.'_ i i G,ostxQ --- ----/ @44 n4 w �. , TI elo OJO _ < -,- � ;y ;;� -:_Gr� �,,.. (��_ L Wit.• ., S ---�` y 9. I _ ,K M ; Y Ila n h --- .. [.'ups♦�: ®�rJ;,'` ,-� -- -- = — -= 000, el 'a 001 9 G-tV42 " ' . '!�!/ A! ,�.f.A 7a 4we -e 77 -- -- -- — — . ' ��. �. �; ' . ..�. "�- � -�tSa .A -., itttK.��'Y�- fi a'Y `�.7�,r,• Z lot --- - -- O - -- - -- --- - - -- - �h _ /l o y ..� 05 y - i. F Ull_�IR�t? pE'i'f 00 M O r O See 25 as ?' '8D dRteFl r; o V ci r OF sra.�la,Rtnss. �� • , N a c .2-m 23 September 1980 Building Inspectors Office City Hall Salem, Massachusetts Attn: Robert Gauthier I am negotiating the purchase of property located at 255-259 Lafayette St. , Salem, Mass. Presently, this single parcel is being used for apartments with eleven units in three buildings plus two garage buildings having fifteen spaces. I propose to convert this property into a condominum having the same number of living units and garages. Please advise if this new description ( dondominum ) is allowable under the con- ditions of the Zoning Bylaws of the City of Salem. rside;nt Yours, as y� (fitg oaf Salem, 'lasSar4 setts Public 13rapertrg Bepartment s�`tn��" �nTldTng �;epttrtr.TeTTt Robert E. Gauthier One Salem Green September 25, 1980 Mr. John C. Sanidas, President Designtech Newbury Road Ipswich, MA 01938 RE: 255-259 Lafayette St. Dear-Mr. Sanidas:- Salem, MA. ' Please be advised 'that there is nothing in the City of Salem zoning by-laws that prevents the conversion of apartments to condominiums as long as there is no increase in , the number of units, and provided that all the necessary permits for electrical, plumbing, and building alterations are taken out for any remodeling that is done. Very truly yours, r Ro ert E. Gauthier Building Inspector & Zoning Enforcement Officer REG:C /^5 l�,j i { w 5i (fitR of '�n(etn, 4jjzzsaatltttretts +1cparincent of I:lulilic Wouk; fpne ��idrm (}j rrrlt ANTHONY V. FLETCHER. R.P.E. RICHARD P. SWEilSON, C.E. DIRECTOR of PUBLIC SERVICES Assistant Civil Enginesr CITY ENGINEER March 31 , 1981 Designtech Newbury Road Ipswich, MA. 01938 Mr. John C. Savidas President RE: Lafayette Street, 255-259 Salem, MA. Gentlemen: Your letter of 14 January 1981 regarding the "Condo Trust" agreement has not been confirmed by the Salem Legal Department at this date. , Building occupancy permits cannot be issued until approval of the "agreement" It is not my wish that occupancy be delayed for some unforseen reason. Please inform me of your submission to Mr. Tinti , City Solicitor. Very truly yours, A. V. Fletcher, P.E. City Engineer Director of Public Services AVF/cc cc: Building Department William J. Tinti , Esq. APPLICATION ) ADULT NUMBER Trial Court of Massachusetts FOR COMI�LAINT ❑ JUVENILE -C't,;r 76 Cfv 14 G 41 ,,�' District Court Department 1" ❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue again,-,t the within Salem District Court named defendant,Charging said defendant with the offense(s) listed below. g$N,`ashingtOn Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 12/4/96 7/96 256-258 Lafayette Street Salem. MA. 01970 NAME OF COMPLAINANT City of Salem Zoning Officer NO. OFFENSE G.L.Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green City of Salem Section f._.___ __ __ ___ _ - t. Zoning Ordinance 99 55 (C) Salem, Mass. 41970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Condo Association -E _.._ _._ c o Steve Casinette 3. 256 Lafayette Street Salem, 'Mass. 01970 a. COURT USE A hearing upon this complaint application DATEOF HEARING TIMEOFHEARING COURT USE ONLY--- will be held at the above court address on J7) k i r AT /4'3e-) . pi • ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. - destroyed,etc. $250. Marijuana,gun,etc. 1 • 2 3 4 OTHER REMARKS: Failure to comply with City of Salem Board of Appeals Decision of July 17, 1985 X /�_; c`U C SIGNATURE OF COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O O 3 5 Z D Z -i N O O DC-CR2(3/88). �s C to of 3ttiPm. AEittss�t us�tts Public 11rapertq i9epartment / Nuilding Bepartment (One t3ulem (Farren 508-745-9595 ExI. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 28, 1996 Condo Association C/o Steve Casinette 256 Lafayette Street Salem, Mass . 01970 RE: 256-258 Lafayette Street Dear Steve : Unfortunately I misplaced your telephone number, so I was unable to reach you by phone. I would appreciate it if you would give me a call . This is concerning the above mentioned property, and the parking spaces made available for the abutters on Laurel and Lafayette Street . The problem has not been resolved per my satisfaction . The six parking spaces are not available per Board of Appeals condition. Failure to contact me will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E. Tremblay Zoning Enforcement Officer LET: scm cc: Councillor Kelley, Ward 5 D90WNuilbing CtU of ttlem. fttssur4usptts tlublic Propertg Department Department (One 6alem iSreen 568-745.9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 17 , 1996 Condo Association c/o Steve Casinette 256 Lafayette Street Salem, Mass . 01970 RE: 256-258 Lafayette Street Dear Mr . Casinette : Back in July of 1985 , the City of Salem Board of Appeals granted permission to Lafayette Real Estate Trust to convert a carriage house to four condo units , and variances in order to construct twelve condominium units in this R-3 district . Upon doing so the Board of Appeal had 8 conditions that had to be addressed ( copy of Board of Appeal conditions enclosed ) . Condition #5 reads as follows : A minimum of thirty three ( 33 ) parking spaces be maintained on site , and of there thirty three ( 33 ) spaces , six spaces to be used by neighbors on Laurel , Linden and Lafayette Streets , exclusively. I do not find anywhere in the conditions where three (3 ) of the parking spaces where set aside for residents of 1 Laurel Street only. Please remove said signs and conform with the City of Salem Board of Appeals conditions . Thank you in advance for your anticipated cooperation in this matter. If you have any questions regarding this issue, please do not hesitate to call . Please call to confirm the removal of signs . Sincerely, Leo E. Tremblay Zoning Enforcement Officer LET: scm CC: Councillor Kelley, Ward 5 f�, itv of/ '�ajrm, � ���ucf�usrtts �Qara of ��kuuzzl DECISION ^D' TCE -7-7C­ Lr'.. r.YF_.E Lr.. _ L : , GEORGE =_' E 5 DAVIT JF.GOESJi i=JS•.EES FOR A SP-I,_& PERMIT AND 'VARIANCE F'CR 25--258 LAFAYET:E —Sr.L°. 4." r N Z A hearing or, this petition was held July 17, 1985 ad cont sued until July 1985 with the following Board Members cresent: Jars Hao&- , Chairman; Mes Charnas, Gauthier, Luzinski and Strout. Notice of the h2k_f.Fng was sent to abutters and others and notices of the hearing were properly published in t Salem Evening News in accordance with Massachusetts General Laws Chapter 4C Petitioners are requesting a Special Permit to convert carriage house to fc condominium units and all necessary Variances in order to construct twelve condominium units in this R-3 district. The Board of Appeal, after careful deliberation, established there was a s� stantial difference from the petition that was denied by the Board on Mav' i the difference being two less units on the property. Mr. Gauthier made a m to hear the petition. Mr. Charnas seconded the motion.. Ry a vote of 4 - i (Mr. Hacker voted in opposition) the Board of Appeal voted to hear this pet The provision cf,the Salem Zoning Ordinance which is applicable to this rec for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with: the procedure and conditions set forth in Section VIZI F and _TY D, grant Special Permits for alterations and reconstruction of norccnforming =structures, and for cnanges, enlargement, extension or expansion of nonconforming lots, '_and, structures, and use=_ . -cv:ded. nowever, _hat _icn c^a^ge, extension. Enlargement ex.o=cion snal - .^.ot pe s =t c.t-a11`: more Cetrimenta_ _Han tne existing noncpaprm'_nz: use to the neighbornood. In more general terms, this Board is, when reviewing Special Permit request. guided by the rule tnat a Eoeclal Term -_ recues: -ay be granted upon a find. vV the Board -Hat t^e grant of the Spec:-a: rer-_t .;-4!- promote the public h safety, conven_ence and welfare of the City' s innabitants. The Variance w^.ich has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, _ _ldias or structure involved and which are not general: affect:nz c-ner '_ands, buildings ant s-ructures in the sane distri< literal enforcement df the prcc;ls-'_ons of the Zoning Ordinance woulc substantial harms.^.io, financial c- c-herwise, to the petitioner; at _. des1:-a-_e rc g.ranteC t��'.:- clbetc.�'_a� detriment to t! public good and without nullifying or suubstantlaily derogating fro: intent of the district or the purpose of the Ordinance. DEC!ZION 01; T � PETITIO'; CF LAFAYET__ REAL ESTATE T=UST, =-I TCL.- & JC„Tn J=.�_O=_SO ;, 7RUSTEE- -,'�' A S'p—r 7 A L Pc IT & VAR_AWCc FOR 25..-2:8 Lh:AY-TTE. -.. 'z_ �ALEi. page two The Board of Appear, after careful consideration of the evidence presented hearing and after viewing tt:e plans, makes the following findings of fact: i . The total of sixteen ( 16) units requested would overburden the ar and a lesser amount would be satisfactory. The developer agreed total of ten ( 10) units; 2. The, Carriage House will be moved to the front of the property as plans submitted to the Board on July 24 , 1984; 3. The petition was continued from the July 17 , 1985 meeting; 4. Approximately two years ago a similar petition was denied; 5. Approximately two months ago a similar petition was denied; 6. The Board voted four to one that there was a substantial differen from the previous petitions; 1. Several neighbors were opposed t: this petition; 8. Few neighbors stoke in favor of this petition if the total number of units were reduced; 9. Because of the shape of the land, in all probability, it could no used in a lesser fashion than the ten ( 10) units. On the basis of the above findings cf fact, and on the evidence presented the hearing, the Board cf Appeal concludes as follows: 1 . Soecial conditions and circumstances exist which affect this lot and which do not affect the district; 2. The or000sed c_e w'11 r.ct ce s.:cstant___ more detrimental to the neigntc-hood: 3. Literal enforcement of the Zoning Ordinance would work a substant hardship upon petitioners; 4 . The relief requested can be granted without substantial detriment the public good and without substantially derogating from the int of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted four to one, 4-1 , (Me. Hacker in opposition) to grant the Special Permit and Variance requested on condi 1 . There be no mere than ten . 10) .::its total, as per plan submitted to the Board at the July 24 , 985 meeting”; DELIS:^N On THE PcT_T_ON OF LAFAYETTE REA� ESTATE TRUST, GECRG=✓ =LISLE DAVID JACOBSON, TPUSTEES FO'r, F. SPECIAL c L , ST SALE`. AND VARIANCE . CR 256-nom AFA:u ._ • , Daze -gree ~ 2 . Carriage House to be moved to the front of the Droperty as per p- submitted to the Board on July 24 , 1985; Snow must be ='emOVP.d from premise=_ after each snow stcrm; 4 . Drainage must meet all SpEC1f1Cat1C.^.S or tnE CityEngineer; 5 A minimum of thirty three (33) packings spaces be maintained on and of these thirty three (33) s?aces, six (b) spaces to be used neighbors on Laurel, Linden and Lafayette Sts. exclusively; 5. Building to proceed in strict accordance with plans submitted to Board on July 24, 1985; 7. Plans must be approved by the City Planner, Planning Board and t: Y.istorical Commission; c. A Certificate of Occupancy for each unit must be obtained. SFEC=:.L PERMIT & VARIANCE GRANTED ✓James B. -zcker, Chairman CCPV OF THIS DECISION & PLANS HAVE BEE:: SUBSITTEu TO THE FLANKING BOARD 'F CITY CLERi: A.�EE THIS DE:iSD:'i. I- A.W. SHALL BE S:A:E PURSU'AN'T TJ SECTION 17 OF THE A+.ASS. CE;ERA. LA.Y:S. C;:FIEF. $G2. AND SHALL ET_ F:iED l.:7,—N :C DAYS A-Ep THE r47E OF FM%C CF THIS CEC'$S:, 16 THE OFFICE .^7 TFE CITY CLERF:. .: __ ._C°=,'_ i4WS. CH:"7ER ECS. SC, 11. THE OP. S FEP'.:iT M-R `EH : :,_: TALE EFFECT UNTIL A C:Fi OF THE:+=:'SJf:. E°_-.'n:L;: Tr= CERT F,'ST:. "i dF C;:f C.EPr; THAT 2 DA'S H=':E EL=.PSE: -70 ND A7P°A1. HA. LFILED. . n THAT. IF APFi". H!$ BEER FILE. THAT IT ^-S 5EEFc Lij'r'!S::^ Cr', LE';:EG IS I;, THE S:r_in ESiCi; RE�I$Ti,'i OF DU:)S A,! INDE?.E: :. :Ee THE ISA:.;E OF THE OC.'Uca W MMLRa OR IS "RECORDED AND NC;ED ON THE 0,7NER'S CERTIFICATE OF TITLE. BOARD OF APPEAL