462 LAFAYETTE STREET - BUILDING INSPECTION 2LVA
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'462 ?AFAYET_TE STREET
CITY OF SALEM, MASSACHUSETTS
9 wA BOARD OF APPEAL
J9` (�im1E 111! 120 WAst-nNcTON STR ET+ SALEM,MAssncxvS TTS 01970 9 A $ 46
KIMHERLEY DRiscoLS. TFL-,: 978-745-9595 ♦ FAX:978-740-9846 FILE
MAYOR CITY CLERK, SALEM, MASS.
August 29`x, 2014
Decision
City of Salem Board of Appeals
Petition of NICK MOSHER, requesting a special permit per Sec. 3.3.5 Nonconforming Single- and
Two-Family Residential Structures of the Salem Zoning Ordinance, to allow the addition of a second
floor deck onto an existing nonconforming single-family residence, at the property located at 462
LAFAYETTE ST (Rl Zoning District).
A public hearing on the above Petition was opened on July 16, 2014 pursuant to M.G.L Ch. 40A, ( 11. the
hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran
(Chair), Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit per Section 3.3.3 Nonconforming Stmetures of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped June 19, 2014, the Petitioner requested a Special Permit in order to
construct a deck over the existing one-car garage on the property.
2. Mr. Michael Shapiro, D&H Construction, Peabody, MA presented the petition on behalf of the
applicant.
3. The existing building is nonconforming, so the addition of the proposed deck requires a Special
Permit.
4. The deck would be placed over the existing garage, with an overhang at the front of the garage, and
stairs providing egress from the deck to the rear yard would be added to the back of the garage. The
front edge of the deck would be even with the front fa4ade of the house.
5. Due to the angle of the structure relative to the side lot line, the extension of the deck toward the
street would result in an additional six inches of encroachment on the required side yard width. The
front Cotner of the deck would be approximately 2.5 feet from the side lot line, while the rear corner
of the existing garage is three (3) feet from the side lot line.
6. An existing second-story side window would become the door to the deck. This window is located
above the front edge of the existing garage, necessitating the extension of the deck beyond the front
edge of the garage in order to facilitate access to the deck.
7. The requested relief, if granted, would allow the Petitioner to construct a deck over the existing
attached one-car garage,with rear stairs and a front overhang.
8. At the public hearing, no members of the public spoke in favor of, or in opposition to, the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
City of Salem Board of A
August 29,2014 Appeals
Project:462 Lafayette Street
Page 2 of 2
Presentation and public testimony, makes the following findings that the
Provisions of the City of Salem Zoning Ordinance:
Proposed project meets the
Findings;
I The impact of the proposal on the community's needs is no different than what currency exists.
2. The proposal does not impact parking or loading in the area.
3. The proposal does not Impact the adequacy of utilities or other public services.
4. "The proposal is in keeping with the character of the neighborhood.
5. The proposal does not impact the natural environment.
6. The proposal does not have an economic or fiscal impact.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Copelas and Mr. Duffy in favor) and none (0) opposed, trant the
requested Special Permit to allow the expansion of an existing nonconformo ging structure, subject to the
following terms, conditions, and safeguards:
1. The 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.
S. Exterior finishes of new construction shall be in harmony with the existing structure.
6. .A Certificate of inspection is to be obtained.
I. Petitioner is to obtain approval from on}, City Board or Commission having jurisdiction including, but
not lunited to, the Planning Board. 1
K Ort t cco. �VYu1 ,prt—
Rebecca Curran, Chair
Board of Appeals
A C.OPY OF THIS 1?FCISION HAS,BEEN FILED WITH 7"FIE PLANNING BOARD AND THE CITY CLERK
Appea a mall be made,-'urtsant to S`e vn 7 ; 'b Af,a saehuset :C neral Lan
auer Chatter 40,9, d sball be filed ,itbin 20
;oof de nor
dal.r c: p of Ihi.r dee ofice of the �. Y Clerk pm,a ,rt t tk, A!arsachuselfr Gtrerallvuu Charter 40A, Section 11, the Variance or
sif granted+r' s o!!not take eGezt unkl a copy of the de:nnr iwr`ng the ceY.r'urfe of the City Clerk bas beer filed oath the Essex Sauth
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GL�' il3in$ Peparttment
Robert E. Gauthier
One Salem Green
7454213 _September 30, 1980
Mr. Avrum Belzer
462 Lafayette Street
Salem, M& 01970 RE: Car Sales
462 Lafayette St., Salem
Dear Mr. Belzer:
This is -to notify you that you are in violation of
Section VII-K of the Salem Zoning Ordinance (copy enclosed) .
You-will-cease immediately any further sales of motor
vehicles from the referenced property.
In conjunction with this order I wish to remind you
that commercial repair of vehicles is not permitted in a
R-1 District unless permission is granted by the Salem Board
of Appeals.
Very truly yours,
_Ro ert E. Gauthier
Building Inspector & Zoning Enforcement
Officer .
REG:M:c
enc.l
SUPPLEMENTARY REGULATIWIS SEM 03 VII
Sales of Motor Vehicles ; Boats ; Etc
Unless a license is issued b-Y the Licensing Board, no
new and/or used motor vehicles, including motorcycles,
trailers. as defined in this Chapter 35, boats and canoes
of any description , motors including outboard motors, may
be displayed and/or sold or rented, regardless of owner-
ship.. of
wner-
ship.- of,.same from any__bui.ldino.. or- ,10t ri:Lhi a;-:_the .Cit1 _
limits. . - -
This pro:u-isioa, . ho;vever, shall not apply to any person
who .resides in R-C,. R-=1 , R-2, and R-3 Districts , subject
to the following provisions :
1 .. Only one vehicle or item, as listed hereinbefore, may
be- displayed for sale in any twelve month period.
2. The registered owner must reside in and be the owner of _
the property on .which the vehicle for sale is displayed.
Persons of the first degree of kindred permanently
residing in the dwelling unit may be included in this ..
interpretation
3. No vehicle for sale shall be permanently displayed
on the -street at any time, nor shall it be permanently
displayed or parked in any front yard area. Refer to
Chapter 35, Section II-B for the definition of front
yard.
d.. Only one "For Sale" sign which shall not exceed one and
one-half square feet in area may be displayed. This sign
must be located on the interior side of the front or
rear window.
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