310 LAFAYETTE STREET - BUILDING INSPECTION� �a �,��� t��
OWIT.1 4CITY OF SALFA17 NLA SSACHUSETTS
BOARD OF APPEAL
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Krwhrt aiscnii. FILE
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CITY CLERK. SEAL:M. MASS.
March 28, 2013
Decision
City of Salem Board of Appeals
Petition of JOEL GREEN, requesting a modification of a Special Permit per Sec. 3.3.2 of the Salem
Zoning Ordinance, in order to allow the elimination of a condition applied to a Special Permit issued
in 1979 for the property located at 310 Lafayette Street(R3 Zoning District).
A public hearing on the above Petition was opened on March 20, 2013 pursuant to Mass General L,aw (:h.
40x1, j 11. The hearing was closed on -larch 20, 2013 with the following Board of Appeals members present:
Rebecca Curran ((:hair), Annie Harris, Richard Dionne, and Tom Watkins. The following Board of Appeals
were absent from the hearing lklike Duffy,)infirm Tsitsinos (Alternate) and David Eppley (Alternate).
Petitioner seeks modification ofti Special Permit per Sec. 3.3 2 ;Noii,oefortwiitg User of the Citv of Salem Zoning
Ordinances.
Statements of fact:
1. Mr. Green, petitioner, presented the petition for the property at 310 Lafayette Street (R3 Zoning
District).
2. In the petition, dated February, 27, 2013, the petitioner requested the modification of a Special Permit
per Sec. 3.3.2 of the Salem Zoning Ordinance, in order to allow, the elimination of a condition applied
to it Special Permit issued in 1979 for the properre at 310 Lafayette Street.
3. The petitioner is requesting the modification of the Special Permit so the property, may be sold to a
chiropractic associate interested in the practice and property.
4. 'There was no public present at themecting to speak in opposition or support to the requested Special
Permit modification. A written comment submitted by 'iAfr. Turiel, Ayard 5 Councilor, supporting the
Petition was received prior to the public hearing. -Ts. Curran read the continents of Mr. Turiel into
the record.
The Board of Appeal, after careful consideration of the evidence presented ar the public hearing, and after
thorough review of the petition and testimony submitted, makes the following findings:
1. "Lhe desired Special Permit modification mac be granted without detriment to the remaining Special
pernilt corditions, rhe public good and without nullifying or substantially derogating from rhe inrent
or purpose of the City, of Salem Zoning Ordinances.
2. '1 he literal enforcement of rile Condition #3 would prey ctit rhe current property owner fro n selling
the medical practice to chiropractic associate that is proposing to continue rhe medico, use on the
parcel.
On rhe hasis of the above findings of fact and all cvidenec presented ar the. public hearing including, but not
united ro, the documents and testinony, the Board of,Appeals concludes:
Salem Board of Appeals
N/laich 28. 2013
Project: 310 Lala)ette Sheet
Page 2 o f 2
I. the petitioner's Special Permit modification request to eliminate Condition 4i3 on the Special Pernur
issued by dic Board of-Appeals in 1979 is granted.
In consideration of the above, tie Salem Board of.Appeals voted to approve the Special Permit modification
being reducsted. 'Ihe EOUr members totecl in favor, with It 4-0 vote (bis. Curran (Chair), NIs. Harris, Mr.
Dionne, and Mr. Waticirts) in favor and none (0) opposed. Board of :Appeals members Mike Duffr, David
Eppley (aternatc) and)immv 'I'sitsinos (Alternate) were notpresent for the hearing.
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Rebecca Curran, Chair
Salem Board of Appeals
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In compliance with the provisions of Chapter 1480 Section 28A
of the General Laws of the Commonwealth of Massachusetts, you
are hereby notified of the following Code action, which may
require fur. thur action by your department. -
Date : Nov. 26, 1982
Location : 310 Lafayette Street, Salt:m, Ma.
Type of Occupancy : Apartment on 2nd floor
Individual or Business involved : Dr. Joel Green, Owner
Nature of Code Action : Beverly Fire Prevention Bureau has
reported to this office that the second floor tenant has only
one exterior means of egress, as the second egress is locked, and
is because it goes through the Dactors office.
Other Code Enforcement Officers to be Notified :
Building Inspector : g
Electrical _Inspector : yv ,a(/tp
Health Department :_ ✓tet/ Q4 �°�"�
Police Department :'_
Engineering Dept : �V
Plumbing or Gas Insp. :
Other :
Respectfully su/bm' tted„
Capt. David J. Goggi
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2,1
Form
Form 457A (l0/76 )
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BaiD of sYttd SALEM. MASS-
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SEPTEMBER 26, 1979
DECISION ON THE PETITION OF DR. AND MRS. JOEL GREEN FOR A SPECIAL PERMIT FOR .
310 LAFAYETTE STREET.
Pursuant to a proper notice of public hearing, a public hearing was held on
September 26, 1979 on the Petition of Dr, and Mrs. Joel Green requesting a Special
Permit to operate a chiropractic office at 310 Lafayette Street. The building in
question is in a R=3 district. The Special Permit which has been requested may
therefore be granted upon a finding by the Board of Appeals, if the grant of the
Special Permit will promote the public health, safety, convenience and welfare
of the City' s inhabitants.
The Board of Appeals, after considering the evidence presented at the hearing
and after viewing the property makes the following findings of fact:
(A) The location in question is a large house within an R-3 district which
the petitioner proposed to use as a single family residence and chiro-
practic office.
(B) The proposed chiropractic office will have two treatment rooms and a
waiting room/reception area.
(C) The location has six off-street parking spaces.
(D) The location is in close proximity to other medical offices.
On the basis of the above findings of fact and on the evidence presented at
the public hearing the Board of Appeals concludes 4 to 1 that the proposed use
will promote the public health, safety, convenience, and welfare of the City' s
inhabitants and that the proposed use is in harmony with the Zoning Ordinance.
Accordingly, the Board votes 4 to l in favor of granting a special permit to the
petitioners. (Messrs. Nutting, LaBrecque, Piemonte, and Feeherry in favor; Chairman
Boulger opposed) .
The Special Pernit is therefore granted in accordance with the following terms
and conditions:
(1) The Special Permit is granted to use a,portion of 310 Lafayette Street
as a chiropractic office.
(2) The Special Permit is granted on the condition that the property in
question shall be used as a single-family residence and chiropractic
office.
(3) The Special Permit shall terminate if the property is sold by Dr. Green
or if Dr, Green does not use it for his practice.
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V.W,5 ATI- T . Darr QF f:LIi1G - -
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T Atty. Anthony M, Feeherry s
... ..( _V,5, it E c0Acting Secretary
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