204 LAFAYETTE STREET - ZBA i�
4�
. ONDITq�d, CITY OF SALEM, MASSACHUSETTS
Pay, BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
W� FAX: 978-740-9846
KIMBERLEY DRISCOLL -2 P 2'
MAYOR
i E.n..
November 2, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of HUGH MULLIGAN requesting to modify a previously granted Variance in
order to use the third floor for two residential units on the property located at 204
LAFAYETTE ST (R-3).
A public hearing on the above Petition was opened on October 19, 2011, pursuant to
Mass General Law Ch. 40A, § 11. The hearing was closed on that date with the following
Zoning Board of Appeals members present: Rebecca Curran (chair), Richard Dionne,
Jamie Metsch and Bonnie Belair (alternate).
Petitioner seeks a modification to a Variance dated June 17, 1988.
Statements of fact:
1. Hugh Mulligan represented himself at the hearing.
2. In a petition date-stamped September 28, 2011, petitioner requested an
amendment to a Variance issued by the Board of Appeals on May 18, 1988 and
filed with the City Clerk on June 17, 1988. The Variance allowed the first and
second floors to be used as office space, and allowed one residential unit on the
third floor. Petitioner requests to be allowed to use the second floor for two
units. No exterior changes are proposed.
3. At the hearing, Mr. Mulligan stated that the third floor has been used as two
rental units for most of the 19 years he has owned the building.
4. At the hearing, no one spoke in opposition to the petition.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
2
1. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent or purpose of the zoning ordinance.
On the basis of the above findings of fact and all evidence presented at the public
hearing including, but not limited to, the Plans, Documents and testimony, the Zoning
Board of Appeals concludes:
1. The Variance issued on May 18, 1988 by the Board of Appeals is hereby
amended to allow for the use of the third floor for two residential
housing units. All other terms and conditions of the original Variance
decision are to be adhered to.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Curran, Metsch, Dionne and Belair) and none (0) opposed, to grant petitioner's request
for an amendment to the previously issued Variance.
Rebecca Curran, Chair
Salem Board of Appeals
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 the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of
this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws
Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take
effect until a copy of the decision bearing the certificate of the City Clerk has been filed
with the Essex South Registry of Deeds.
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Titu of J'Wrm, neouriptertts Jm 17
Ponb of JAPPea o TT OLEAR.IpAirN'A4sa.
DECISION ON THE"PETITION OF H" F. MLLIGAN"FDR A VARIANCE AT
202-204 LAFAYb'1'PE,STREET"(R-3),
A"hearing on this petition" was held on May 18, 1988 with the following Board
rkmbers present: James Hacker, Chairrm,. PLssrs. Flaring, Bencal, Strout and
Associate Wilber Labracque. Notice of the hearing was sent to alyutters and
others and notices of the hearing were properly published in the Salem -
Evening News in accordance with the provisions of Massachusetts General Iaw 12
c2iapter 40A. to "
The petitioner is requesting a Variance to. allow the real p:,xrty at 202-204
'Atfayette-Street to be utilized as o€fuss on the first t o (2) floors and ry
OF)as a rental unit on the third floor. The building, formaxly used as a rest
hone_ , is- - located in an R=3 district. e
The Variance which has been requested may be.granted upon a finding of the
Board that: m
a. special conditions andcircimrstances exist which espocially affect
the land, building or structure involved and which do not generally
affect other lands, buildings and structures in the same district;
b. a literal enforcmvant of the provisions of the Ordinance would
involve substantial hardship, financial,or otherwise to the o
petitioner; and
0
c: desirable relief may be granted without substantial detriment to ^-
the public good and without nullifying or substantially derogating o
from the 'intent of the district or the purpose of the ordinance t '
The Board-of Appeals, after careful consideration of the evidence presented
at the hearing and after viewing the plans, makes -the following findings of fact:
1 . The proposed use is consistent with the way other buildings in the
street are utilized.
2. The petitioners-plan restores the building in an an
pt'opriate
historical- matter. -
3. - There is parking for fifteen (15) cars on-site.
4. No opposition to the plan was presenter) at the hearing.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of AlTeal concludes as follacs:
I .' -Special conditions exist which especially affect the subject property"
bit not the district generally; .
2. . Literal enforcenent of the zoning Ordinance would involve substantial
hardship to the petitioner;
3. The relief rewestct9 can Ik grantcl without substantial detrin -ant to the
public good arxl without nullifying or substantially derogating from
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DMISION ON THE PETITION OF HLUi F. HILLIGAN FUR A VARIANIM AT _
202-204 IAFAYEPI'E 9MEEP, 5ALDI1
Page Two
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the intent of the district or the Iu7pose of the ordinance.
Therefore, the Zoning Board of Appeal voted unanimously. 5-0 to grant the
Variance requested, upon the following terms and conditions:
1. Parking spaces be prm ided as per the twking plan sulmitted to
the Board.
2. All the requirements of the Salem Fire Dlpxu-hrent, relative to fire
safety, to adhered to.
3. All the work at the locus be done in accordance with the
Piassachusetts Building Code.
4. 'I1Te petitioner obtain a building pormit from th? Building Inspe.:tor,
City of Salem.
5. 7be p3titioner must adcyuately landscape the premises in the rear
of the 1st.
GRAATIM
daroaSl'1. Fleming, Fzq�y
Vice-Ch-lixman, Hoard of- Algal
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