Loading...
278 LAFAYETTE STREET - BUILDING INSPECTION I �� �C�c,� �� o CITY OF SALEM 3 i ,T PUBLIC PROPERTY DEPARTMENT A KIAIBE[U..1-Y DRISCOLL �O• MAYOR 120 WASHINGTON$'CRBGT 4 $r\LIAI,:Mr\ssr\ChNtila'1'I'ti 01970 Tt;L.:978-745-9595 ♦ FAX:978-740-9846 November 9, 2009 RE: Zoning Opinion for property at 278 Lafayette Street To Whom it may concern: There are two buildings at 278 Lafayette Street. The legal occupancy of the building closest to the street is an existing non-conforming 5 unit multi-family dwelling. The legal occupancy of the former carriage house at rear of the property is a single family dwelling. S' Gere T omas S[. Pierre Building Commissioner and Zoning Officer cc: file, • e > JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor - LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem,MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel: (978)741-4453 Tel:(978)744-9800 Fax: (978)740-0072 Fax: (978)744-7660 Email:jdkeenanlaw@aol.com Email:gilbert@salemlawyer.com February 21, 2001 Peter Strout, Bldg. Insp. Denise Sullivan, Asst. City Planner One Salem Green One Salem Green Salem, MA 01970 Salem, MA 01970 RE: 278 Lafayette Street Parcel Subdivision & Use Dear Inspector Strout and Assistant Planner Sullivan: I am following up on the questions from Attorney Scott Houseman regarding subdivision and use of the above captioned parcel. Presently, there are two buildings on this parcel, a 2 'h story house and 1 Yz story carriage house. The area of the lot is t 22,100:s.f. (See attached Plot Plan of Land). As you know, this property is in the R-3 District. Attorney Houseman asks (1) is the parcel entitled to an 81 P endorsement ("ANR") and (2) what, if any, relief necessary for use of carriage house as two family dwelling? (1) 81 P Endorsement? Yes. Whether a plan is entitled to be endorsed as "approval under Subdivision Control Law not required" is determined by the definition of"subdivision" found in Mass. Gen. L. c. 41, §81 L. Included in the definition is the following exemption: I ...division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city or town in which the land lies,':into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision. Although added to the Subdivision Control Law in 1953, there is a dearth of reported cases to date dealing with this peculiar exemption. Indeed, no explanation is provided in;legislative history. The first reported case addressing application of this exemption essentially confirmed it should be applied as simply as stated notwithstanding concerns of zoning nonconformity. Citgo Petroleum v. Planning Bd. of Braintree, 24 Mass. App. Ct. 425 (1987). The question becomes whether the building is substantial enough to warrant the exemption? The Citgo Court suggested that a detached garage, woodshed or chicken house would not be enough. The Land Court has held that an 80 x 30 feet cement block building with a separate cesspool and electricity used to store cars and at one time as a turkey farm was a substantial building and qualified for the exemption. See Taylor v. Pembroke Planning Bd., Misc. Case No. 126703 (Plymouth)(1990)(Fenton, J.). As it is my understanding that the carriage house is currently used as a dwelling, it would be my opinion that the two buildings on this lot would qualify for the exemption. Thus, a plan dividing the parcel should be granted the 81 P endorsement as it is not, by definition, a "subdivision." Even if one of the lots created by the subdivision creates a nonconforming lot, it still deserves the 81 P endorsement. See Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 602-04, 410 N.E. 2d 1219, 1222-23 (1980); Citgo Petroleum v. Planning Bd. of Braintree, 24 Mass. App. Ct. 425, 427 (1987). (2) Zoning Relief Required? Yes. Nothing about an 81 P endorsement suggests zoning conformity; it is not a consideration of the Planning Board. Indeed, the recording of a nonconforming plan may be preliminary to,an attempt to obtain a variance, or buy abutting land to bring into compliance, or to even sell to an abutter and in that way bring into compliance. Smalley, 410 N.E.2d at 1222. Clearly, two-family dwellings are permitted by right in the R-3 district;' however, it will be impossible to satisfy the lot area requirement of 25,000 s.f. (See Article VI, Table 1). The entire existing lot is only 22,000 s.f. Thus, each potential lot would need a variance from that requirement, in addition to any other density requirements that will most likely be in conflict once an actual plan is submitted. I hope this information is Helpful to you. If you have any additional questions, do not hesitate to contact me. F, ' There is also a special permit accessory use of an historic carriage house for use with a principal building on the same lot, providing parking requirements are met and there is no change to the carriage house unless approved by the historical commission. Salem Zoning Ordinance, Section 5-3(d)(8). Historic carriage house defined as building originally built to house carriages, horses or for use as a barn, that has been in existence since 1900 at its present location. Salem Zoning Ordinance, Section 2-2(b). Very best regards, s YF i y John . Keenan, City icitor j 'i Enc. cc. mberlay Driscoll,Ward 5 Councilor Icott Houseman, Esq. t tiv "i d Y L f. PLOT PLAN OF LAND IN SALEM, MA., DATE: 7-25-00 SCALE: 1"=30' NOTE: OFFSETS SHOWN ARE APPROX. BY TAPE SURVEY. BAYSTATE SURVEYING ASSOCIATES INC., 100 CUMMINGS CENTER, SUITE 316J ... BEVERLY, MA., 01915 ......... co f LOT 3G,G 360 7b� ABuf7-aA5 CA94,1L ,0 19 5 fs�4.5 Si q6 Z'Z /00 •0 Z Yz 5T>/-R14 Z79 Is - �_ 30 TO c)cE:AM AVE, Al DATE OF PERMIT DERMIT No. OWNER LOCATION 6/13/78 I 46237 I Marie A. Plamondon I R278 Lafayette Street STRUCTURE MATERIAL DIMENSIONS No.OF STORIES I No.OF FAMILIES I WARD COST 7 $ 2,000 Barn ��� '1 s,a:^ ->q � �"?! T1 ii3v `�a c ;s'v $ 3ii✓ i uR Owner Replace foundation in rear of building(barn) )/29/79 46470 Install (3) woodburning stoves into existing fireplace and one coal stove 9/1/82 46355 Permanent foundationwork,exterior repairs,level floors. Superstructure 11/1�� BOARD OF APPEAL: 9/29/82 Variance to temporarily relocate a Bridal Shoppe in an 1 existing carriage house at the rear - GRANTED 4/28/83 46174 Erect Sign (Bridal Gallerie) CERTTFTCATS OF OCCUPANCY TSSUFD, 7/20/83 8/30/84 GRANTED - Variance to continue use of carriage house as a bridal shop 1/17/01 BOARD OF APPEAL - GRANTED - Special Permit to change the existing non-conforming use of a carriage house, namely a Bridal Shop to a one residential unit - Permit Listing Report Date Range:Submitted before 07-15-2008 by Address Printed On:Tue Jul 15,2008 SQL Statement:Street No.like"278"AND Street like"LAFAYETTE STREET" Address Address(Work Location) District Zoning Owner Work Category Est.Cost Proposed Use And Detail Permit Type Permit No Online Permit No Permit Status Date Issued Contractor(Phone#) Work Description Fees Paid Check# 278 LAFAYETTE 278 LAFAYETTE STREET R3 PLAMONDON MARIE A $0.00 STREET (0278LAFAYETTE STREET) Building OPEN TIMOTHY J.BOUCHER(7)812-3357(83) Building permit not needed. Occupancy permit is required per the Special Permit Granted by the Board of Appeals to convert existing Bridal Shop to a residential- unit. P.S. Address(278 LAFAYETTE STREET)TOTALS: ESTIMATED COST: $.00 NUMBER OF PERMITS: 1 FEES INVOICED: $.00 FEES PAID: $.00 BALANCE: $.00 GRAND TOTALS: ESTIMATED COST: $.00 NUMBER OF PERMITS: 1 FEES INVOICED: $.00 FEES PAID: $.00 BALANCE: $.00 GeoTMS©2008 Des Iauriers Municipal Solutions,Inc. Page I of I ,�`�� �lYt�tlt� �E3SiIr�1:tEY[i �U CC`mtvC� Richard T. McIntosh One Salem Green 745-0213 c June 27, 1983 Marie A. Plamondon d/b/a Bridal-Shop, Inc. R"278 Lafayette St.- - Salem, Massachusetts Dear Mrs. Plamondon: Before I can issue a Certificate of Occupancy for the Bridal Shop, you must supply the following to this Department. 1 . A complete set of "as built" architectural drawings that will show all of the changes from the original plan. 2. I call your attention to the terms imposed by the Zoning Board of Appeals regarding your occupancy (enclosed, numbers 1 through 4 highlighted) . Very truly yours, J, 1, 1 1 t14 Richard T. McIntosh Inspector of Buildings Zoning Enforcement Officer RTM:bms T Enclosure OUSHMN', I.Br U11Ca1C z of 6aiem, AIa ncbugettg � P DATE FILED JR New Expiration Date 7: I U1 Zrj°o Type. ❑ Renewal, no change Number 96-171 ❑ Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: ma Irl at. -1 type of businessT � by the following named person(s): (Include corporate name and title if corporate officer) Full Name Residence s Mi _C1'1 , L Si natur ------------------------------------------- ----------------------------------------------------- on '� 19 ��' the above named person(s) personally appeared before me and made an oath that th foie oing statement is true. 1 ` '�'"`"�"' ----------- ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # s.s. # 1 I(n Ln Q1� '� (if available) --------------------------------- ------------------------------- In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shallbein effect for four (4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. . ,�v�a.0 �rL dvtaLGlit<� ;yi�LaJ�,Uall uT�1r1133C k CITY OF SALEMMA G, ES RE. �Y DISTAICT, . CLERK S OFFICE oarD of k NY 1001 JAN 26` 'A"la 3f C LOC DECISION ' ' ON THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL 4 PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET,R 3 A heanng'on this petition was held on November 15 2000 and continued to January 17, },7 2001 with the following Board Members present: Nina Cohen;Chairman,,Stephen, Buczko James Hacker, Richard Dionne and Stephen Harris Notice of the`hear'ing 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. i. .. wW ..%., , Petitioner requests,a Specia(Permit to change,the existing non conforming carriage house structure, namely a Bridal Shop business to a'single family dwellirtg:'>The petitioner also requests the'Board to amend an existing variance to grant variances to accomplish the same purpose for the property located at 278 Lafayette',Street. , The provision of the Salem Zoning Ordinance which is applicable to this(request for a ` Special Permit is section 5-3 (2) (8),"which provides'es follows: A historic carriage house for use as a single family dwelling as an accessory use to a • principal dwelling on the same lot, provided that parking requirements are met and upon the condition that there shall be no change to the exterior of the historic carriage house unless approved by the historical commission. 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 the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures,in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. 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 Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET R-3 1�page two ;. ` N1 t " e 1. The Petitioner was represented by Attorney Scott Houseman 2. The petitioner's proposed use of the carriage houseat278 Lafayette Street, as,a single family dwelling will have little or no impact on parking or traffic in the neighborhood i ,;. x,1J r i2,. ., # 3. After neighborhood meeting on January 6 with abutters present the petitioner 's ' amended its application to address their concerns and submitted a petition with € 13 neighbors signatu[e supporting the request. 4. There was no opposdion to the petition. r' sx On the basis of the above findings of fact, and on the evidence 11 presented at the hearing, ' the Board of Appeal concludes as follows; ; 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's? inhabitants. Therefore, the Zoning Board of Appeal voted 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances 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 fire safety shall be strictly adhered to. 4. Petitioner shall obtain building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. DECISION OF THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET R-3 page three 7. Petitioner shall obtain proper street numbering from the City of Salem As Office and shall display said numbers So to be visible from theet streP m? / 4piY N 8. Petitioner is to obtain approval from any City Board or Commission having' jurisdiction.including, but not limited to, the Planning Board. o � f f V 't tA 9. There will be no business use allowed at the property 278 or 278R Lafayette Street. Stephen ams, Member a Board of Appeal': � r rp 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. FEB x 7 2001 Date I hereby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has'been filed in this office.' A True Cop ATTEST:_'CITY CLERK, Salem, ass.-i a l Essex Southern District Reaistru of Deed_ s; •,; 36 Federal Street Salem MR r 019706/13/01 hr µ k Time: 11:52 Tupe: GHOME Loc: Inst. 400 EK 1`7`2�'35-'5�,2'0w� FEE �t2S `+�i�d 10.00 Time: 11:52 Tune: OTHER. Loc: SALEM Inst 401 EK 17295-529 i FEE I CI.00 ENO FEE 20.00 i Paumert c=heck t Citp Of bale T, fdazmbuattz CITY OF SALEM. MA _5 CLERK'S OFFICE �narD of Swat .1001 JAN 2b A la 38 DECISION ON THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT,278 LAFAYETTE_STREET_R_3A A hearing on this petition was held on November 15, 2000 and continued to January 17, 2001 with the following Board Members present: Nina Cohen, Chairman, Stephen Buczko, James Hacker, Richard Dionne and Stephen Harris. 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 Special Permit to change the existing non-conforming carriage house structure, namely a Bridal Shop business to a single family dwelling. The petitioner also requests the Board to amend an existing variance to grant variances to accomplish the same purpose for the property located at 278 Lafayette Street. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), which provides as follows: A historic carriage house for use as a single family dwelling as an accessory use to a principal dwelling on the same lot, provided that parking requirements are met and upon the condition that there shall be no change to the exterior of the historic carriage house unless approved by the historical commission. 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 the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. 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 Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET R-3 page two \y 1. The Petitioner was represented by Attorney Scott Houseman 2. The petitioner's proposed use of the carriage house at 278 Lafayette Street, as a single family dwelling will have little or no impact on parking or traffic in the neighborhood. 3. After neighborhood meeting on January 6 with abutters present the petitioner amended its application to address their concerns and submitted a petition with 13 neighbors signature supporting the request. 4. There was no opposition to the petition. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances 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 fire safety shall be strictly adhered to. 4. Petitioner shall obtain building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. DECISION OF THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET R-3 page three 7. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said numbers so as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having I urisdiction including, but not limited to, the Planning Board. 9. There will be no business use allowed at the property 278 or 278R Lafayette Street. h&t,� cst%,� Stephen Harris, 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. OP-2001-0078 Building Permit No.: BP-2001-0901 Commonwealth of Massachusetts City of Salem BUILDING,ELECTRICAL&MECHANICAL PERMITS DEPARTMENT This is to Certify that the Carrage House located at Dwelling Type 0278 LAFAYETTE STREET in the CITY OF SALEM ------ - - Atltlress TowNCity Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Special Permit Granted to 278 Rear Lafayette St Conversion of existing Bridal Shop to a residential unit This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires _-----_---------_--__ ................ unless sooner suspended or revoked. Expiration Date Issued On: Wed Jan 17,2001 --------------------------- ----- ------ - -- ------------- GeoTMS®2001 Des Launers Municipal Solutions,Inc. -------- ------ --