159 LAFAYETTE STREET - ZBA 159 --AYETTE STREET
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CITY OF SALEM� MASSACHUSE .Yi1`SJf SALEM. MA
�y BOARD OF APPEAL CLERKS OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
TEL. (978) 745-9595
FAX (978) 740-9846 2004 MAY -5 P 1: 55
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF SOLANCE MARCHAND REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 159 LAFAYETTE STREET R-3
A hearing on this petition was held on April 21, 2004 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair 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 is requesting a Special Permit to alter the condition of existing Special Permit
granted in June of 1985 to eliminate the owner occupied restriction on the fifth unit for
the property located at 159 Lafayette Street R-3.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 6), 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 Sections 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more detrimental than the existing
nonconforming use to the 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 the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after reviewing the plans, makes the following findings of fact:
1. The petitioner was granted a Special Permit in June of 1985 with one of the
conditions being the premises be owner occupied.
2. The petitioner now would like to alter the condition to eliminate the owner occupied
restriction if she would ever like to sell the property.
CI l Y JF SALEM, MA
CLERK'S OFFICE
1004 MA -5 P
DECSION OF THE PETITION OF SOLANCE MARCHAND REQUESTING A SPE�IAL
PERMIT FOR THE PROPERTY LOCATED AT 159 LAFAYETTE STREET R-3
page two
On the basis of the above findings of fact, and on the evidence presented, the Board of
Appeal concludes as follows:
1. The Special Permit requested cannot be granted without substantial detriment
to the public good or without nullifying and substantially derogating from the
intent of the district or the purpose of the ordinance.
2. The granting of the Special Permit requested will not be in harmony with the
Neighborhood and will not promote the public health, safety, convenience and
Welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted 3 in favor and 2 in opposition to the motion
to grant the relief requested. Having failed to garner the four affirmative votes required
to pass, the motion to grant fails and the petition for a Special Permit is denied.
Special Permit Denied /
April 21, 2004
Richard Dionne, Memt(er
Board of Appeal J
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 the City Clerk that 20 days have elapses 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.
Board of Appeal
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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:
Nothwithstanding anything to the contrary appe4ri C
in this Ordinance, the Board of Appeal may, ir6
accordance with the procedure and conditions $-�t
forth in Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming N
structures, and for changes, enlargement, extension bg
expansion of nonconforming lots, land, structp�res, --v
and uses, provided, however, that such change extensTFbn,
enlargement or expansion shall not be substantially mare
detrimental than the existing nonconforming use to tie
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.
or
DECISION A SPECIAL ON THE PETITION OF ARTHUR
Page two PERMIT FOR 759 LAFAYETTE STR2 ROBE NARCHAND FOR
SALEM
RT
Therefore, the Zoning Board of Appeal voted
requested, provided that; una
nimously 5-0 to grant the relief
1 • The premises be owner occupied;
2• A minimum of ei
on-site; ght (B) parking spaces
no,
be maintained
3• A Certificate of Occupancy be obtained,
SPECIAL PERMIT GRANTED
A COPY OF THIS DECISION HAS BEEN FILED Secretary
hiITH THE PLANNING BOARD AND THE CITY
CLERK
I
APPM FRO4 THIS DECISION, LF .A;'T, SHALL BE KADE PUP.SD&'T TO SECTION 17 OF THE 6iASS.
CEP'EP.AL LAWS. CHAT .. KS, A'ID VALL BE FILED P;!TnIN .0 DAYS AFTER THE DATE OF FILING
OF THIS DECISION' IN THE OEMCE OF THE C. CLERK.
PURSAhi 7C Cfg.S. CEY3:SL LACS, CHAFER KS, SECTION 11, THE PARW'C£ OR SPECIAL PM1;T
GM'ED PERELI S';,LL IAL7 TtJ,: EFFECT UNTIL A MPY CF THE CEC.StG'C. EEARIING THE CE-",T-
ACki10`t flff ' CLEB': TF:,V 20 DAYS HA'V'F MUSEC ;AP N2 A,-PEAL HAS DEEII FILED,
OR THkT. IF SV h F'I APPEAI HdS CE�i NU TGAT Fi HAS 5EEN CIS-,6SED OR CEN ED IS
RELT'ELIED q: T.4E SOUTH ESM, fiC iSP .4 DEEDS AND INDEXED URSER THE ;iA,.;E OF Tdz M'.NER
OF R='::?, U IS RECDROED A-NO NOTED ON THE O,,NER'S CERTI9C6:E Of TITLE.
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