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� D8CISION 00 THE PETITION OF JEFFREY BARROWS B3OU8S-7�C A SPECIAL
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PERMIT FOR THE 9B0P88TY LOCATED AT 320 LAF&y8TTE S;k�EI (D-2)
8 hearing on this petition was held September ll , 1996 with the
following Board Members present: Gary Burrett Cboic--uo^ Nina Cohen,
Joseph ywuc, Richard Dionne and Paul Vulusbutgiy. otice of the
hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News io accordance with
Massachusetts General Laws Chapter 408.
Petitioner is requesting e Special Permit for u Change of Use from u
14 rumu rooming house to 8 multi dwelling units for the property
located at 330 Lafayette Street (D-2) .
The provision of the Salem %uuiuD Ordinance which is applicable to
this request for u Special Permit is Section ]-3(j | , -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, stroctnres^ and uses, provided, however. that such
change. extension, enlargement or expansion shall -or he
substantially more detrimental than the existing nonconforming use to
the neighborhood.
in more general terms. this Board is, when reviewioz Special Permit
requests, guided by the rule that o Special Permit request may be
granted upon u finding by the Board that the grant of the Special
Permit will Dzmmnte the public health, safety, convenience and
City'swelfare of t�e inhabitants.
Appeal,The Board of after careful consideration of the evidence
presented at the acing and after viewing the plans , makes the
following findings of fact:
1 . Petitioner. through his legal representative, George Atkins,
requested to withdraw his petition without prejudice. ,
2. Two Ward Councillors and three abutters objected to the request
for withdrawal on the grounds that the petitioner ' s proposal
could then be reshaped and resubmitted for uPpro,al at anytime.
It was their position that any petition for molt' -family use of
the structure at 330 Lafayette Street would imonse u hardship
DECISION OF THE JEFFREY BARROWS REQUESTING A SPECIAL PERMIT FOR THE
PROPERTY LOCATED AT 330 LAFAYETTE STREET (R-2 ) op
page two SEP 10 I I [t}
neighborhood by increasing density, parking problems grid nuisancet.;S
issues arising from the cohabitation of unrelated adults andC' : c
students.
3. Petitioner's request was denied by the Board. Ab further
discussion took place regarding the petition's proposal.
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 unanimously, 0-5 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 \
September 11, 1996
Nina Cohen
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 Citv 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 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 or 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
Salem Historical Commission
ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970
(508) 745-9595 EXT. 311 FAX (508) 740-0404
September 11, 1996
Stephen Touchette, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Touchette:
The Salem Historical Commission is in receipt of your agenda for September 11, 1996 and offers
the following comments:
1. 132 North Street-Enclosed please find a Building Survey form for this property indicating that
it was built by 1850. While the Commission takes no position on the proposal, we hope that any
exterior alteration 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. 22 Buffum Street-Enclosed please find a Building Survey form for this property indicating that
it was built in 1850. While the Commission takes no position on the proposal, we hope that any
exterior alteration 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.
3. 330 Lafayette St. - Enclosed please find a Building Survey form for this property indicating that
it was built c1902. While the Commission takes no position on the proposal, we hope that any
exterior alteration needed to change the use 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,
-J/,cf ��4 /
THE SALEM HISTORICOMMISSION
Helen Sides
Chairperson
7GUG\130A0695
FORM° B - BUILDING A =FORM
MASSACHUSETTS HISTORICAL COMMISSION
294 WASHINGTON STREET, BOSTQN, MA 02108 (9 N fcl)
--_ down Salem
a ddress_ 330 La_fayptte Street
istoric Name
William F Wilkinson Hous,
se: Present Residential
Original Residential
DESCRIPTION:
ate c. 1902
SKETCH MAP Source Directories, 1911 Atlas
Show property's location in relation Style Queen Anne
to nearest cross streets and/or
geographical features. Indicate Architect
all buildings between inventoried
property and nearest intersection. Exterior wall fabric Clapboards
Indicate north.
Outbuildings None
Q
�c Major alterations (with dates)
ATL A vM
ST + 2nd story addition, door installed
where window was in lst storybay
Lu9-tnc, AVE . Moved Date
IAFA^fEtfE Si
Approx. acreage Less than one acre
Recorded by Debra Hilbert Setting Mixed residential, commercial
Organization Salem Planning Department and institutional, on Routes 114 and
Date January, 1985 lA
(Staple additional sheets here)
ARCHITECIUKU SIMIFICANCE (Describe important architectural features and
evaluate in terms of other buildings within the community.)
This interesting hip roofed house is a transitional building between the queen Anne
and Colonial Revival styles. The asymmetrical massing, second story corner tower,
and varied wall textures (cornice panelling, shingling in the pediments) are Queen
Anne features while the Palladian window and the porch supported on paired columns
with an urned balustrade are common to Colonial Revival houses.
HISTORICAL SIMIFICANCE (Explain the role owners played in local or state
history and how the building relates to the development of the community.)
330 Lafayette Street was built for William F. Wilkinson, a partner of the W. Page
Counter Co., "manufacturers of moulded sole leather and pasted leather counters _
and all kinds of inner soles", (1911 Directory) . Judging from the elaborateness
of the house, Wilkinson seemed to have more money than his immediate neighbors.
BIBLIOGRAPHY and/or REFERENCES (name of publication, author, date and publisher)
1901, 1903-4, 1911 Naumkeag Directories
Walker & Co. , Atlas of the City of Salem, 1911.
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We the undersigned, residences of the City of Salem, do hereby register our opposition to having 330
Lafayette Street used as a rooming house, lodging house or an 8 unit apartment building located in a two
(2) family zone, and we hereby request that it be kept as a two (2) family.
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c:\doc\petition
We the undersigned, residences of the City of Salem, do hereby register our opposition to having 330
Lafayette Street used as a rooming house, lodging house or an 8 unit apartment building located in a two
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We the undersigned, residences of the City of Salem, do hereby register our opposition to having 330
Lafayette Street used as a rooming house, lodging house or an 8 unit apartment building located in a two
(2) family zone, and we hereby request that it be kept as a two (2) family.
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cAdo6petition
We the undersigned, residences of the City of Salem, do hereby register our opposition to having 330
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(2) family zone, and we hereby request that it be kept as a two (2) family.
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cAdoc\petition
We the undersigned, residences of the City of Salem, do hereby register our opposition to having 330
Lafayette Street used as a rooming house, lodging house or an 8 unit apartment building located in a two
(2) family zone, and we hereby request that it be kept as a two (2) family.
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We the undersigned, residences of the City of Salem, do hereby register our opposition to having 330
Lafayette Street used as a rooming house, lodging house or an 8 unit apartment building located in a two
(2) family zone, and we hereby request that it be kept as a two (2) family.
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cAdo6petition
300 Lafayette St.
Salem, MA 01970
September 4, 1996
Mr. Gary M. Barrett, Chairman
Salem Board of Appeals Re: Appeal 'Hearing
One Salem Green Sept. 11, 1996
Salem,MA 330 Lafayette St.
Salem, MA 01970
Sirs:
This letter is 'intended as notice of my op'p'osition to the
submittal of Jelffrey Barrows, petitioner for appeal to the
Zoning Ordinances of . the City of Salem, MA for allowing of
eight (8) fami:L_y residential dwelling units at '33'0' Lafavette St.
Salem, MA
I have a prior commitment to attend the New England Fire Marshals
educational meeting in Norwich, CT from Sept, 8th thru Sept. 12th.
My opposition is based on the following conditions:
1. The use and occupancyof over five (5) dwelling units in a frame
structure, has been found to be a breeding factor for unsafe . and
unhealthy living conditions.- This is based on my past experience
of thirty-eight (38) years on the Salem Fire Department. I served
as Fire Marshal for eighteen (18) of those years, of .which I
have seen several situations whereby the overcrowding of the basic
approved apartments in the area .in .auestion,have resulted in severe
fire hazards found which were caused by improperstorage of
combustible items, as well as failure to maintain even the basic
standards for the provisions of Minimum Standards of Human'
Habitation. It has been recognized by inspectors .of all Authorities
Having Jurisdiction, that the size of this use and occupancy in
a frame structure, not originally used for this purpose, has led
to a property left to deteriorate over time, by off the premises
landlords and non-caring occupants of the apartments.
2. The average occupancy of the apartments located in this area,
indicates that over-occupancy (overcrowding) (partying) (added
live-ins to help pay the rent) has lead to extra responses by the
Public Safety personnel for varied reasons. We have found it
extremely hard to enter the individual units, because of privacy
rights , but however after a report of afire incident have found
five or more occupants within each unit, illegally. Be sure to
check the current police records for arrests in this area by
out of town occupants, who are not interested in normal family
living conditions.
Page #2-Opposition to 330 Lafayette St. Salem, MA
3. The economic rehab costs to provide the R-2 -(Multi Family)
(Hazard Index 2 of Article 32 of the Fifth Edition of the
Massachusetts State Building Code) appear to be excessive,
unless secretly the occupancy rents are figured on overcrowding
within each unit.
4. This would appear to :be a substantial alteration of the •structure
which would require several enclosures which do not presently
exist. This would again increase the basic cost of rehab of the
structure.
5. Your attention is called again to the inability of local inspectors
to keep constant attention on this type of occupancy, without
adding to the already .overburdened inspectional personnel.
Approval of this outlandish proposal for eight apartments will
only overburden our public safety services and will be a thorn
in your side, if a :catastrophe should occur with the over-
crowding, which will more than likely occur because of the intended
use in this section of the city.
I am therefore, completely opposed to granting of approval of this
request, as it is not in the best interests of the City of Salem, MA
nor the other taxpayers of this area.
Your review of this• request will show that the occupancy by eight (8)
families will surely bring the neighborhood down to a level not
originally intended . for 'the Lafayette Street "Historic Trail" . Just
look at the added front stairs from the third floor, to show the
disrespect .for the "Historical Values" of a gateway to Salem.
With respect for your .valued opinions, I hope you will concur with
the wishes of the citizens who have signed the petition to disapprove
this application.
As] e t ully submitted,
aD vid�,2 Go n�
Retired Deputy Fire Chief
cc: William Kelley, Councillor Ward 5 . .
Nina V. Cohen, Vice Chairperson
Albert C. Hill
Joseph Ywuc
Richard E. Dionne
Arthur LaBrecque .
Paul Valaskatgis
Fire Chief Robert Turner
Police Chief Robert St. Pierre
Mayor Neil J. Harrington
file
WISTERIA STREET
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P.O. BOX 49
SALEM , MASS. 01970
Podia
AREA
101002 S.F. `- A
- PLOT PLAN
LAFAYETTE STREET
330 LAFAYETTE STREET
SALEM BOARD OF APPEALS APPROVAL SALEM , MASSACHUSETTS
SCALE * I"= 20AUGUST 21 , 1996
I PARSONS AND FAIA INC.
60 LEWIS STREET
LYNN , MASS.
d 20 40 60 80 100
PROPOSED PARKING SPACES = 12
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SALEM , MASS. 01970
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PLOT PLAN
LAFAYETTE STREET 330 LAFAYETTE STREET
SALEM BOARD OF APPEALS APPROVAL SALEM , MASSACHUSETTS
SCALE ' I"= 20 1 AUGUST 21 , 1996
PARSONS AND FAIA INC.
60 LEWIS STREET
LYNN , MASS.
0 20 40 - 6 0 80 100
PROPOSED PARKING SPACES = 12
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DATE : 90976
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PLOT PLAN
LAFAYETTE STREET 330 LAFAYETTE STREET
SALEM BOARD OF APPEALS APPROVAL SALEM , MASSACHUSETTS
SCALE ' III= 20' AUGUST 21, 1996
PARSONS AND FAIA INC.
60 LEWIS STREET
LYNN , MASS.
0 20 40 60 80 100
PROPOSED PARKING SPACES = 12
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DANIEL G
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DATE