330 LAFAYETTE STREET - ZBA (2) 330 LAFAYETTE STREET (R-2)
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1 CITY CF SAL7,P1
BOARD OF APPEAL
5-9595 Ext. 331
Will hold a public hearing for all persons interested :n the petition submitted 'k
by JAMES NICHOLSON requesting a Variance to allow a second bud ding to be built
with two dwelling units for the property located at 330 LAFAYETTE STREET. IR-21
Said hearing to be held WEDNESDAY, MARCH 19, 1997 AT 6:00 P.M. , ONE SALEM GREEN,
2nd Floor.
Gary Barrett, Chairman
March 5 & 12, 1997
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DECISION OF THE PETITION OF JAMES NICHOLSON REQUESTING A MNP# r'H. HA
FOR THE PROPERTY LOCATED AT 330 LAFAYETTE STREET (R-21 101ff1rFSS
A hearing on this petition was held March 19, 1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill, Arthur
LeBrecque and Paul Valaskagis. 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 Variance to allow a second building to be build with
two dwelling units for the property located at 330 Lafayette Street (R-2) .
This property is located in a residential two family district.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The subject property is located in a neighborhood of predominantly
two family structures.
2. The subject property is unique in that it is a through lot from
Lafayette Street to Wisteria which is uncharacteristic of the
neighborhood creating hardship to the petitioner.
3. The Historic Commission estimates that the existing structure was built
around 1902.
4. The petitioner is willing to consult the Historic Commission for design
review of any exterior alterations to the existing structure.
5. With respect to the existing structure, petitioner plans to make one
unit on the first floor, and a second unit containing the second and
third floors. Petitioner intends to remove the exterior stairs on the
upper floors of the existing house as well as the enclosure of the
second floor on the front of the house.
6. Petitioner also plans to construct a two-story, duplex structure on the
Wisteria Street side of the lot. The new construction will be two
units.
7. There will be 8 off-street parking spaces between the two structures
which is in compliance with the zoning ordinance.
8. Petitioner plans to take the necessary steps in order to make the four
units that will be created into a condominium under state law.
9. Petitioner met with neighbors in the area to discuss his plans, and
there were changes to his original plans as a result of such meetings.
10. Petitioner is willing to erect a fence on the southerly side of the
DECISION OF THE PETITION OF JAMES NICHOLSON FOR A VARIANCE
FOR THE PROPERTY LOCATED AT 330 LAFAYETTE STREET
page two
property, and indicated that he will landscape the property.
11. Louis Goutzos and Edwina Labreque, 332 Lafayette St. , spoke in favor
of the petition.
12. Richard L'Heureux, 26 Wisteria Street, spoke in favor of this petition,
but expressed concerns about water run-off and drainage.
13. David Coggin, 9 Wisteria Street, and owner of 300 Lafayette Street,
spoke in favor of the petition.
14 . Georgeann Kalat, 326 Lafayette Street, spoke in favor of the petition.
15. Petitioner requires a variance from lot size, lot frontage; side yard
setbacks;rear yard setback (Wisteria St) ;lot size; and minimum lot area
per dwelling unit. Petitioner also requires a variance in order to put
2 detached two-family dwellings on one lot; to allow more than one
dwelling on a lot; to permit four families to reside on the lot.
16. The proposed construction will improve the property and the
neighborhood.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4 . Exterior finishes of the new construction shall be in harmony with the
existing structure.
5. Petitioner is to obtain a buildingpermit
p prior to beginning 4V �
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6. A Certificate of Occupancy is to be obtained.
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7. Petitioner shall obtain proper street numbering from the Citys@2 s)Rem
Assessor's office and shall display said number so as to be v'_1jbl;2
from the street.
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DECISION OF THE PETITION OF JAMES NICHOLSON REOUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 330 LAFAYETTE STREET
page three
8. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
9. Petitioner shall consult with the City Engineer to design and assure
proper drainage of surface water from the property.
10. Petitioner shall install a fence along the southerly side of the
property.
Variance Granted
C.
March 19, 1997
Gary Barrett, Chairman
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
the Massachusetts General Laws 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 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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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Salem Historical Commission
ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970
(508) 745.9595 EXT. 311 FAX (508) 740-0404
March 13, 1997
Gary Barrett, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Barrett:
The Salem Historical Commission is in receipt of your agenda for March 19, 1997 and offers the
following comments:
1. 3 Parker Court-Enclosed please find a Building Survey form for this property indicating that it
was built by 1831. While the Commission takes no position on the proposal,we hope that any new
construction would be sympathetic in design. If requested by the Board of Appeal as a condition
of approval, we would be pleased to provide design review.
2. 8 Derby Street - This property is located within the Derby Street Historic District. Please be
advised that any proposed alterations to the exterior of the property will require review and
approval by the Salem Historical Commission before a building permit can be issued.
3. 330 Lafayette St. - Enclosed please find a Building Survey form for this property indicating that
it was built c. 1902 as well as photographs taken in Fall, 1984 and Spring, 1985. While the
Commission takes no position on the proposal, we hope that any new construction would be
sympathetic in design. If requested by the Board of Appeal as a condition of approval, we would
be pleased to provide design review.
Thank you for your consideration.
Sincerely,
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THE SALEM HISTORICAL COMMISSION
Helen Sides
Chairperson