278 LAFAYETTE STREET - ZBA (2) 278 LAFAYETTE STREET
- MARIE PLAMONDON
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Legal Notice l
CITY OF SALEM !
BOARD OF APPEAL
will hold a public hearing for all
persons interested in the petition sub-
mitted
ubmitted by MARIE PLAMONDON {
requesting a.Special Permit to
change the existing non-conforming
use of a carriage house structure,
namely a Bridal Shop business, to
another non-conforming use,name-
ly a two family residential structure.
The petitioner also requests the
Board to amend an existing variance
to grant variances to accomplish the
same purpose for the property located
at 278 LAFAYETTE STREET R-3.
Said hearing to be held WEDNES-
DAY,NOVEMBER 15, 2000 at 6:30
P.M., ONE SALEM GREEN,second
floor.
Nina Cohen,Chairman
(11/1,3)
City of �afem, 01az$arbwatto
,a CITY
SALEM,
JBoarb of Zippeal
.1001 JAN 26 A I& 38
DECISION ON THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET R-3
A hearing on this petition was held on November 15, 2000 and continued to January 17,
2001 with the following Board Members present: Nina Cohen, Chairman, Stephen
Buczko, James Hacker, 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 to change the existing non-conforming carriage
house structure, namely a Bridal Shop business to a single family dwelling. The
petitioner also requests the Board to amend an existing variance to grant variances to
accomplish the same purpose for the property located at 278 Lafayette Street.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
A historic carriage house for use as a single family dwelling as an accessory use to a
principal dwelling on the same lot, provided that parking requirements are met and upon
the condition that there shall be no change to the exterior of the historic carriage house
Unless approved by the historical commission.
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:
DECISION ON THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET R-3
pagetwo
1. The Petitioner was represented by Attorney Scott Houseman
2. The petitioner's proposed use of the carriage house at 278 Lafayette Street, as a
single family dwelling will have little or no impact on parking or traffic in the
neighborhood.
3. After neighborhood meeting on January 6 with abutters present the petitioner
amended its application to address their concerns and submitted a petition with
13 neighbors signature supporting the request.
4. There was no opposition to the petition.
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 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 5-0, 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. Exterior finishes of the new construction shall be in harmony with the existing
structure.
DECISION OF THE PETITION OF MARIE PLAMONDON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 278 LAFAYETTE STREET R-3
page three
7. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said numbers so as to be visible from the street.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
9. There will be no business use allowed at the property 278 or 278R Lafayette Street.
Stephen arris, 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.
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DECISION ON THE PETITION OF MARIE E. PLAMONDON FOR S r
VARIANCE FOR 278 LAFAYETTE STREET
A hearing on this petition was held on August 22, 19e:4 with the -following
Board Members present: James Hacker, Chairman; Scot:r Charnas, Secretary;
Messrs. Robert Gauthier & Edward Luzinski and Associate Member, Richard
A. 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.
The Petitioner has requested a variance for the property at 278 Lafayette Street
to continue the use of a carriage house as a Bridal Shoppe at the rear of the
property. A variance is required because the proposed use is not permitted in
an R-3 zoning district where the property is located.
The Board of Appeal, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings
of fact:
1. Petitioner's proposed business will have a very limited affect on traffic
and parking in the area because of the nature of the business.
• 2. Petitioner's proposed use of the property was not opposed by any abutters.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of Appeal concludes as follows;
1. The property in question is unique because of the fact that the carriage house
was in serious disrepair and there was no economic incentive to repair the
structure as a garage. The necessary repairs and improvements have been
made in order to conduct said business.
2. The conditions described above especially affect the land and structure in
question but do not generally affect the zoning district in which the
land is located.
3. No opposition to the plan was raised by neighbors.
4. The desired variance may be granted without substantial detriment to the
public good.
Therefore, the Board of Zoning Appeal unanimously voted in favor of granting
the requested relief.
1. A variance is granted as long as the business remains in the Plamondon
family and majority of stock is owned by the Plamondon Family.
2. Petitioner shall designate not less than four parking spaces at the site for
• use in connection with the operation of the Bridal Shoppe.
PETITION OF MARIE E. PLAMONDON FOR A VARIANCE
FOR 278 LAFAYETTE STREET
• page two
3. Any exterior lighting to be added at the site shall be approved
by the Building Inspector and shall be of a type which will minimize
illumination of the property of abutters.
4. A certificate of use and occupancy shall be obtained.
5. Any sign at the site shall comply with the Salem Sign Ordinance.
VARIANCE GRANTED
J s B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FIELD WITH THE PLANNING BOARD AND THE CITY CLERK
•
APPEAL FRUii, THIS JC.IDI..{, p {' SHALL CE :!ADE PJRSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS. CHAP::R 3J8. AND SHALL GE FI!.SO WGY.I^; 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN T: E OFFIi:E OF THE CITY' CLERK.
PURSANT TC i.4ASS. GEi:EF.A' 4tYl3, CHAPTER 803. SEC"!-,N 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN. SHALL N): "FAS' EFFECT UNTIL A CGP'( CF THEOECIS!:a:. BEARIiIS THE CERT.
FICATION OF THE CITY CLERK THA, 2J CAYS HAVE ELAPSE') AND NC APPEAL HAS BEEN FILED,
OR THAT. IF SUCH.. AN APPEAL H^.S BEENFILE, IAAF IT i',;;: BEEN DIS?'ISSED OR DENIED IS
RECORDED IN THE SOUiH ESSEX RCuISFRY 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 FRANCINE IA gEQUESTING
A VARIANCE FOR 278 LAFAYETTE STREET
A hearing on this petition was held on September 29, 1982 with the following Board
Members present: Douglas Hopper, Chairman; Messrs. Piemonte, Hacker, LaBrecque and
Feeherry. Notices of the hearing were sent to abutters and others and: a notice of the
hearing was published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The Petitioner has requested a variance for the property at 278 Lafayette Street
to temporarily relocate a Bridal Shoppe in an existing carriage house at the rear of
the property. A variance is required because the proposed use is not permitted in an
R-3 zoning district where the property is located.
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing the property makes the following findings of fact:
1) Petitioner's proposed business will have a very limited -ffect on traffic and parking
in the area because of the nature of the business.
?) Petitioner's proposed use of the property was not opposed by any abutters.
On the basis of the above findings of fact, and the evidence presented at the public
hearing, the Board of Appeal concludes as follows:
1) The property in question is unique because of the fact that the carriage house at
the site is in disrepair and there is no economic incentive to repair the structure
as a garage.
2) The conditions described above especially affect the land and structure in question
but do not generally affect the zoning district in wbich the land is located.
3) The conditions described above which affect the land in question, but not the zoning
district generally cause the following special hardship: unless a variance is
granted, it will be virtually impossible to upgrade the structure at the site.
4) The desired variance may be granted without substantial detriment to the public good.
Therefore, the Board of Zoning Appeal`Lunanimously voted in favor of granting
the requested relief. The Board granted a variance to the Petitioner on the following
terms:
1) A variance is granted for two years to allow the use of the carriage house at the
site as a Bridal Shoppe.
2) Petitioner shall designate not less than four parking spaces at the site for
use in connection with the operation of the `iridal Shoppe.
r•1
DECISION ON THE PETITION OF FRANCINE SMALL REQUESTING
A VARIANCE FOR 278 LAFAYETTE STREET 82 om —5 A9 :37 /
PAGE 2 C
SEPTEMBER 29, 1982
CITY CSE•'�" FICE
SlALF.;i
3) Any exterior lighting to be added at the site shall be approved
by the Building Inspector and shall be of a type which will minimize illuminat
of the property of abutters.
4) A certificate of Use and Occupancy shall be.obtained prig= to the use
of the site as' a Bridal Shoppe.
5) Any sign at the site shall comply with the Salem Sign Ordinance.
l
Anthony M. Fe�Herry, Secretary
% f
APPEAL FROt:7 THIS DECISION. IF ANY. SHALL SE MADE PURSUANT T7 SECTION 17 OF THE M11ASS.
CENTRAL !.A!;S. C—F'.2i7 ^O, f:"� `U. 20 DASS A,TER THE DATE OF FLING
OF TtIIS P;:CPb::i I?: iE{_ OcF'•:c THE Cii7
11. TF 'r "A t 7 C1 SPEC1=L PERM IT
GWNTEO u f 2'8 IL , ... i'::-,:L A w. . D, -id __.a!1 .,_.;:.Lu THE -;RT-'
C `I: .!
FI Ail. 7 L' a � �•. - i - .� ;i ° l u. Nfi lF?-U HAS D9'_i1 SLED.
OR THAT IF a' 'I .q r H.lo ; _. i O.J::ISS;D OR 0=,i!ED IS
RFC" 'DED IN THE S',C7H ESSSE n^^e iSi�?4 OF KEDS AN-1 It:C�f.EO Li:O�' TEic NX.:E OF THE OWNER
OF RECORD OR IS RzCORDFU AND 071D Or THE Oh.-U. CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
We, the undersigned abutters and nearby homeowners to the parcel at 278 Lafayette Street,
Salem, wish the Salem Zoning Board of Appeals to know we are in favor of the zoning relief
requested by Marie Plamondon and Francine Small. There has been an active bridal shop at
the parcel which they now wish to use for two residential units instead. We do not think there
will be any traffic or noise problems with such residential use. The reason for the zoning
request has been fully explained to us and we are of the opinion that the granting of zoning
relief will in no way be detrimental to the public good and will not derogate from the intent of
the Zoning Ordinance.
Name Address
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We, the undersigned abutters and nearby homeowners to the parcel at 278 Lafayette Street,
Salem, wish the Salem Zoning Board of Appeals to know we are in favor of the zoning relief
requested by Marie Plamondon and Francine Small. There has been an active bridal shop at
the parcel which they now wish to use for two residential units instead. We do not think there
will be any traffic or noise problems with such residential use. The reason for the zoning
request has been fully explained to us and we are of the opinion that the granting of zoning
relief will in no way be detrimental to the public good and will not derogate from the intent of
the Zoning Ordinance.
Name Address
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NOU-15-2000 1156 FROM GTE INTERNETWORKING TO 919987448255 P.01/02
fi. M p
,hones&ynLY Rose
25 Linden Streit
Salem,MA 01970-4666
(978)745.4035
M tem2belbttlutt!c.net
November 15,2000
MR.N:na Crites
Sxecudwe,6kcctor
City of Salem
Salem 7nning Board of Appeals
7 Salem Gtr
Salem,MA 01970
Nina Cohen:
On Alandey evening we were infnrmedbyone
at 278rucighbon Lafayrl hest.v�hl hticat
Stroet eLout a proposed zoningchange for i property Y
eal- We were also
parti say abuts the eastettr border of otic re.Ridence at 251.intlew111�take ace this evenioE
noCfiej!in the same voimnail moaaaga that a Vablic heating F
1111 15.00,6;s wehhad t you office
on this u�th above svoject. Needless to Ray',this was
first
eard
Our pdn:ary obje. ion is the scope of the proposal itself, Ms.Marie Planiondon is
requesdngthat 7 appttrriant units on herptMrty be available for rent:
1) The building cudo in Salem spedfically states that for an R•1 subdivision,
3500 square feet is required for each unit. This ratans that in order to comply
with the statute,lhz Owner must have a 24,500 sq.ft.lot And because the
total size of the lot is only 22.000 sq,ft.,the owner is in clear violation here,
which is the reason fns their petition for a zoning C+an80.
2) The carriage house is on the property line,which means it is also not in
cumpuancc with total zoning r81112tioni,culler.
,j)_• ;, NOV 5-15-2000 1157 FROM GTE INTERNETWORKING TO 91978744$255 P.02i02
. w,
J." 'A
3) The condition of the exterior of the house,which includes very visible paint
chipping,means the property needs significant improvements,especially
painting. And given the absence of the owner(Ms.Marie Plamendon)from
the property,is of great concern to many of the owner's neighbors,including
ourselves. It is my understanding rhthnvirtually nealo comparable
p ar ble properties in
the South Salem neigh
4) Ms.Cohen, we strongly urge your zoning board of appeals to reject the
request of the petitioner, The number of units should not 5 units
any circumstances,and should include either Ms.Plamondon dand/or her under
daughter as resident owners.
Ve ly Yours,
]am s 8r Julie Rose
TOTAL P.02
BRUCE P. MICHAUD
(978) 744-1948
November 15, 2000
Zoning Board of Appeals:
I, Bruce P. Michaud, own a piece of property at 18 Linden Street, in
Salem. I am strongly opposed to the Petition of Marie Plamondon at 278
Lafayette Street in Salem. I feel that the increased density in our neighborhood
would bring nothing but negatives to an already crowded residential area . I
would appreciate a no vote on this issue. Thank you very much.
Signed under the penalties of perjury this 15th day of November, 2000
Bruce P. �ehau i
s-