332 LAFAYETTE STREET - ZBA 3 3Z La Fay` etFes ��
CITY OF SALEM, MASSACHUSETTS
.BOARD OF APPEAL Cl I Y OF SALEM, MA
/ • 120 WASHINGTON STREET, 3RD FLOOR CLERKS WFICE
SALEM, MA O 1970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEYJ.MAYOR VICZ, .JR. 2004 JUN 21 A 0 58
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 9-6
and 94, 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 1 fulltime and I 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.
i
r
�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
NinaCCo�hairman
Board of Appeal
D'Amico Limited Partnership
473 Broadway Tel: 617-889-2020
Chelsea, MA 02150 Fax: 617-889-2301
June 25, 2008
City of Salem
Zoning Board of Appeals
120 Washington St. 3d floor
Salem, MA 01970
Re: Special Permit at 332 Lafayette St. Salem, MA
Planning Board Members:
Plans enclosed to remodel current existing structure to a mixed-use property in a
R-2 district with one parking space provided for tenant. Please note this property is
currently used for Century 21 North Shore Real Estate office consisting of 3 floors with
1'/� bathrooms and kitchen area. The existing space we would construct the apartment is
on the ground floor in rear elevation of property currently not being utilized. We
currently have 6 parking spaces available and we are no longer in need of more than 3 at
any given working shift in the office. Therefore I do not believe parking should be a
problem with this proposal and relief be granted without detriment to neighborhood
character.
Respectfully,
�
James 'Amico III
cOND17.4.g CITY OF SALEM, MASSACHUSETTS
O�
PUBLIC PROPERTY DEPARTMENT
.o
120 WASHINGTON STREET, 3RO FLOOR
1 t C SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595 EXT. 380
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
April 8, 2008
James D'Amico
D'Amico Limited Partnership
473 Broadway
Chelsea, Ma: 02150
Dear Mr. D'Amico:
I have reviewed your building permit application and the 2004 Zoning Board of Appeal
petition. At this time I must reject your building permit application.
The 2004 Special Permit application asked for the entire building to be converted to a
Real Estate Office. Additionally, a Variance was granted to allow six spaces for the
building.
It is my decision that another Special Permit will be required to create a separate
residential unit and that parking may also have to be considered.
If you wish to appeal my interpretation denying your permit, your appeal is to the Salem
Zoning Board of Appeals. If you would like to file for a Special Permit it is also filed
with the Zoning Board of Appeal.
Si ly,
Thomas St. Pierre
Building Commissioner
Zoning Enforcement Officer
N/F
ROBERT J. HERMAN
CHERYL BRIGGS
MAP 32 LOT 225
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332 'LAFAYETTE STREET
DEED REFERENCE
BOOK 15845 BOOK 184
A M F i IS - H rt _ -
NOTES (MECHANICAL & STEP NDTES
-- ELECTRICAL);
PP=1 CONNECT NEW KITCHEN J,
I SINK TO EXISTING COLD 6'-0' X 6'-8' 4 2 0
WATERT SANITARY; VENT. SLIDING DOOR
FURNISH & INSTALL REMOVE 1
t NEW 35 GAL. ELEC. HOT CUT IN NEW OPENING PARTITION
WATER HEATER & TANK IN FOR DOOR ADD NEW
I 2-2X8 HEADER n
NOTE FI EXISTING BASEMENT.
CONNECT KITCHEN & EDExn
BATHROOM HOT WATER LINES BEDROOM
TO NEW TANK.
a I P-4 FURNISH & INSTALL
iNEW SHOWERI LAVATORYI
i TOILET IN NEW BATHROOM TO
EXIST. LINES. EXISTING
3 ( /-NOTE F-1 �1 REMOVE EXIST. HEATING DOOR 3
UNIT & INSTALL NEW HOT
WATER BASEBOARD W/ SAME
NOTE H-2
BTU RATINGS. - d
HH=2 FURNISH & INSTALL rm. rKV ms wrc
NEW THRU WALL AC UNIT W/
SAME BTU'S AS EXIS'ING. EXISTING
{� 113'-4' CEILING WINDOWS
Ili FURNISH & INSTALL
C 0 N 9xL I AA r[
11 NEW 50 CFM BATHROOM FAN I LIVING / DINING
C W/ SWITCHI DUCTS & ROOF
s
NOTE H-1 -� CAP. a 19"-0t
V-2 FURNISH & INSTALL
�l1I NEW RANGE HOOP. FCOUNTER
AN W/ EXISTING WALLS
! I NOTE E-5 —� DUCTS & WALL CAP. lor
v
FURNISH & INSTALL NEW { 2 HOUR FIRE RATING � .
NOTE CAVITY SHAFT WALL KEY A F
NOTE E-3� 60AMP 12O/208V ICJ PANEL & UL. DESIGN U415 OR
e � H-: METER FROM EXIST. i
U492 WITH STC 52
I I { ELECTRICAL SERVICE, ;"+ass.
' i CONNECT NEW RANGE - ? NEW 2X4 @ 16' OC. W/
50AI AC UNIT 30A, TOILET ' GYP. BD. BOTH SIDE of
k NOTE V-2 �U (� FAN 15A) RANGE HOOD 15Ai MATCH EXISTING. 1001 O Noerx ueav r
j ! NOTE E-2 HOT WATER HEATER 50A; HQ? SCALD AS NOTEn 7
I WATER. BAILER 20A. I REDUCE WIDTH TATS NOVEMBER 9 eooi
1 ^ reu[u is 0732
E OF STAIR TO RANGE
i E-3 ADB hCOD , AT KITCHEN
3'-0' WIDE ADD K H N
! NOTE P-1 ! AS REQ. BY CODE. AT KITCHEN EXISTING _
\�
' NOTE E-5 2-4 PLUG GF RECEPTACLE IDOOR I iWALL RAIL D. F. VAUNTS
't AND BATHROOM 1-2 PLUG {JF UP 5 UP TO CEILING SINK eall xxi �C ,Ti[eiLA"iu'
RECE�TAL LE. \ i I i a II C x • C e r e e o
!' f {,+� I I RISERS veym .Aeuawm mree.e[u
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-'}- 't _ �E 3 c 2 - L I FIXTURC PDD NEW FIXTURES U f
J ^ _JL_� & CAP & COVER �X ST d � r[O JECI [Ir LE
CEILING BOX NOT USE - _ REAR APARTMENT UNIT
ni �.�� \ / 11<I —� FT/1 LRE TO BE FL'k .SHED BY ® Z4,� g �� � I OWNER. — _
[ 4 `ycs*" ' ''132 LAFAYETTE STREET
—'� �� CI 15 ADD LIGHT SWI i c:H A T - N EXISTING TOILET SA[ew; MA
j -- I< BEDROOM DOORI 9ATHROOM __ - BATH & CORRIDOR J EIAVIAS TITLE
/ -- NOTE P-4 DOOR & �-`.'AY
AT ENTRY I FILL IN DOOR FLOOR PLAN,
�Ivui E F,i , , - DOOR, BEDPOOM DOOR AND
OPENING MECHANICAL & lc
I
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'NOTE �' % ,yf TE �I <
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,-hx�: SMOKE DETECTOR AS
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9TE REQUIRED BY FIRE
DEPARTMENT. —PLAN2'-6x6 -8FLOOR
�TRiCAL PLAN DOOR 1/4" 1 -0`MEC' 'ANICAL & EL�
1
1/4" _ ?`
H J K L M N