37 LAFAYETTE PLACE - GOLDRICK, JAMES - ZBA i
- - — - 37 Lafayette Place
James Goldrick R-2
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DECISION ON THE PETITION OF JAMES AND LUCILLE GOLDRICK FOR A SPECIAL PERMIT
FOR 37 LAFAYETTE PLACE, SALEM, MASS.
A hearing on this petition was held on September 19, 1984 with the following
Board Members present: James Hacker, Chairman; Scott Charnas, Secretary,
Messrs. Robert Gauthier, Edward Luzinski and Peter Strout. 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 40 A.
Petitioners, owners of the premises, request a Special Permit to allow them
to construct a garage on the site of a recently Cestroyed garage. The new
garage would not meet minimum rear and side setback and density requirements.
The former garage was non-conforming as well in this R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this re-
quest for a Special Permit is Section V B 10, 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 Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or
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 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.
The Board of appeal, after hearing the evidence presented at the hearing and
viewing the plans, makes the following findings of fact:
1. The new garage would have no greater effect on the abutters or the
neighborhood than did the prior garage, which itself was not a
negative factor.
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On the basis of the above findings of fact, and on the evidence presentfm� at __
the hearing, the Board concluded as follows: -,
1. The relief requested does not create a substantial detriment tb'
the public good, nor does it substantially derogate from or nu-3.ify
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DECISION ON THE PETITION OF JAMES AND LUCILLE GOLDRICK FOR A SPECIAL PERMIT
FOR 37 LAFAYETTE PLACE, SALEM, MASS.
page two'
the intent or purpose of the Ordinance.
Therefore, the Board of Appeal voted 5 to 0 to grant the petitioners the
requested Special Permit to allow them to construct a garage as more fully
described in plans submitted to the Board.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FRO'L THIS uc.lc!::!. IF A'IY, S!:AEL OE LADE PUoS'.iAXi TO S-"-151 17 GF L,E I::A.SS.
GENERAL IA;,S, CHAFiER 808, AND SFHALL DE F.LEu N'!TEiN CO DAYS W,-R THE C.aE OF Fi LINa
OF THIS DEC!SV: IN THE OFFICE OF THE CITY CLE,'K.
PUR;,NT TO L:=SS. GENE%! LA::S. CHA-TER S.B. • .-. THE
GRANTED HEREIN, SHALL NOT TAPE EFFECT UNTIL A COPY OF
FICATION OF THE CITY CLERK THAI 20 DAYS HAVE ELAPSED %�:'Fi HC A. FE�.L HA. cccil FiSD,
OR THAT, IF SUCH AN APPEAL H%,S EEEN FILE. THAT IT HAS BEEN D!S:,.i' ED OR i;Eh:!EO IS
RECORDED III THE SOUTH ESSEX REGISTRY OF GEES AND INDEXED UNDER THE NA'a:E OF THE DEER'
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL