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332 LAFAYETTE STREET - ZBA (2) LJe +r r i 332 LAFAYETTE STREET OQ l Y) V Legal Notice CrrY OF SALEM I BOARD OF APPEAL ' 978-745.9595,Ext.381 will hold a public hearing for all per-' [ sons interested in the petition submit- ted by JAMES D'AMICO requesting a Special Permit for a change of use from a photographer's studio to a real estate office and a Variance from off-1 street parking regulations to allow six I parking spaces for the property lost-I ad at 332 Lafayette Street R-2. Said I hearing will be held on Wednesday,' May 19,2004,at 6:30 p.m.,120 Wash Ington Street,3rd floor,Room 313. 1 Nina Cohen,Chairman (5/5,12) f CITY OF SALEM, MASSACHUSETTS J BOARD OF APPEAL CITY OF SAL M. MA 120 WASHINGTON STREET, 3RO FLOOR CLERKS bF-710E j !a SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. .2004 JUN 21 A ID 58 MAYOR DECISION OF THE PETITION OF JAMES D'AMICO REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 332 LAFAYETTE STREET R-2 A hearing on this petition was held on June 16,2004 with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Richard Dionne,Nicholas Helides and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit for a change of use from a photographer's studio to a Real Estate Office and a Variance from off street parking regulations to allow six parking spaces for the property located at 332 Lafayette Street R-2. The provisions of the Salem Zoning Ordinance which is applicable to the request for a Special Permit is Section 5-3 0),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 Permit for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent 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 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. The Variances which have been requested may be granted upon a finding of the Board that: 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 structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,financial or otherwise,to the petitioner. J , DECISION OF THE PETITION OF JAMES D'AMICO REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 332 LAFAYETTE STREET R-2 page two 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 of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. Petitioner is the prospective purchaser of a Victorian era home at 332 Lafayette St. The site owner, Louis Goutzos,has operated a photography studio on the first floor since being granted a Special Permit some years ago by the Zoning Board of Appeal. The second floor houses a residential apartment, and there is off-street parking for six cars on site. 2. Petitioner seeks a Special Permit for a change in use to convert the entire building to a residential real estate brokerage office for the company he owns, Century 21 Realty. He proposes to install offices for 10 independent brokers; who will do much of their business off-site,either at home or viewing listings. Onsite there will be I fulltime and 1 part-time employee. Office hours will be 9:00 a.m. to 6:00 p.m. Monday—Friday, and 10:00 a.m. to 4:00 p.m. on Saturdays and Sundays. 3. Very little activity will take place at the Century 21 offices. Clients typically use the office to drop off papers or meet briefly with their broker, and training sessions that involve the entire staff take place at the company's Lynnfield or Peabody offices. 4. Petitioner's request was supported by Matthew Veno, Ward 5 City Councillor, who stated that the proposed use was very low impact and would benefit the City. Petitioner's proposal was not opposed by a neighbor in attendance, Georgann Hallett of 326 Lafayette Street. Signage for the new business would be approved by the Signage Committee of the Salem Planning Department. On the basis of the above findings of fact, and on the evidence presented at the hearing the Zoning Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial substantial hardship on the petitioner. � F DECISION OF THE PETITION OF JAMES D'AMICO REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 332 LAFAYETTE STREET R-2 page three 3. 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. 4. 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 in favor and 0 in opposition to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to the Salem Sign Committee. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. SPECIAL PERMIT& VARIANCE GRANTED JUNE 16, 2004 Nina Cohen, Chairman C� J Board of Appeal N/F ROBERT J. HERMAN CHERYL BRIGGS � \ MAP 32 LOT 225 80, O 0 L e 9' 9 SHED "I CERTIFY THAT THE BUILDING IS LOCATED AS SHOWN." \ N/F �oyCW � / k DONNA S. WOODS RAPLH W. REID P.L.S. APPROX. LOCATION ' JOHN S. BARGER STOCKADE FENCE MAP 32 LOT 213 NOTE: THIS PLAN WAS PREPARED �I� FROM A TAPE SURVEY. g _ , N GRAPHIC SCALE pp p Ip M! b 8p o 1 N/F 2 STORY �' WOOD FRAME yseeee IN FEET ST. JOSEPH #332 ✓✓�sV,000F I I inch = 20 }c CREDIT UNION 1 ✓�� ��c'+ ii,iii 63 �3e RALPH 1Gi MAP 32 LOT 209 '''- ' - ° S WiLLiP I SAL E M , MAS SAC H U S ETTS U RL No.29J '%+ n PARKING PLAN PREPARED FOR N 'V LOUIS GOUTZOS 42.5' MAP 32 LOT 212 332 LAFAYETTE STREET REID LAND SURVEYORS R 365 CHATHAM STREET LYNN, MASSACHUSETTS DEED REFERENCE R04-039 BOOK 15845 BOOK 184 LTS DATE: APRIL 13, 2004 I SCALE: 1 "=20'