235 LAFAYETTE STREET - ZBA TT-235 LAFAYETTE STREET B71
STEPHEN POLM"Ay-"
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL 61
745-9595,EXT.381
Will hold a public hearing for all`
persons interested in the petition sub-
mitted by Stephen Polemenakos,
i Trustee, requesting Special Permit'
for a Change of Use for existing com-
mercial use to residential use for the
property located at 235 Lafayette
Street Bl. Said hearing to be held
Wednesday, February 16, 2000 at
6:30 P.M., One Salem Green, 2nd
Floor.
Nina Cohen,Chairman ,
(2/2,9)
Citp of 6alem, �Cazza0ugett5.,.
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• 35oarb of appeal I °s OFFICE
2000 PAY 18 P 2: 5b
DECISION ON THE PETITION OF STEPHEN POLEMENAKOS, TRUSTEE
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
235 LAFAYETTE STREET B-1
A hearing on this petition was held May 17, 2000 with,the following Board Members
present: Nina Cohen, Chairman, Stephen Buczko, Ronald Harrison, 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 for a Change of Use from existing commercial use
to residential use for the property located at 235 Lafayette Street located in a B-1 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 Q), 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 Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of 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.
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:
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1 DECISION ON THE PETITION OF STEPHEN POLEMENAKOS, TRUSTEE,
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 235
LAFAYETTE STREET B-1
page two
1. Attorney George P. Vallis represented the petitioner.
2. Plans were submitted showing 5 studio units.
3. A signed petition showing the names of 28 abutters in favor of the conversion as
well the owner of Christina's Pizza.
4. Board Member, Steve Harris asked that the number of units be scaled down from
5 to 4 residential studio units.
5. There was no opposition to the plan.
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 II dero atin 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 4-1, 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. Restrict the use of the property to 4 studio units.
DECISION OF THE PETITION OF STEPHEN POLEMENAKOS, TRUSTEE
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
235 LAFAYETTE STREET B-1
page three
7. Endeavor to rent to single individuals who do not have vehicles.
SPECIAL PERMIT GRANTED A^o
MAY 17, 2000
Richard Dionne, 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.
We, the undersigned, abutters and nearby pSoperty owners to that
certain parcel of land located at 235 Lafayette Street
Salem, wish to be recorded in favor of the granting by the City of
Salem Board of Appeal of the relief sought by Steve Polemenakos,
Trustee of the S & H Realty Trust, which hearing is to be held on
Wednesday, Feb.16 2000 ' . The reasons for the petitioning of said
relief have been fully explained to us and we are of the opinion
that the granting of said relief will in no way be detrimental to the
public good and will not derogate from the intent of the Zoning Ordinance.
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We, the undersigned, abutters and nearby ppoperty owners to that
certain parcel of land located at 235 Lafayette Street
Salem, wish to be recorded in favor of the granting by the City of
Salem Board of Appeal of the relief sought by Steve Polemenakos,
Trustee of the S & H Realty Trust, which hearing is to be held on
Wednesday, Feb.16 2000 . The reasons for the petitioning of said
relief have been fully explained to us and we are of the opinion
that the granting of said relief will in no way be detrimental to the
public good and will not derogate from the intent of the Zoning ordinance.
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