198 LAFAYETTE STREET - FRISCH, ASER - ZBA 198 Lafayette St. (R-3)
Aser Frisch
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DECISION ON THE PETITIONS OF ASER FRISCH FOR SPECIAL PERMITS TO
CONVERT 198 LAFAYETTE STREET INTO FOUR CONDOMINIUM UNITS 10 A9 ;27
ADD A FIFTH UNIT
A hearing on this petition was held. on May 18, 1983 withC[EX Cf CF '
Board Members present: James Hacker, Chairman; Messrs. , ChaSrn;s;` Hoper, -_
Luzinski, Piemonte and Associate Member Bencal. 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.
The petitioner is requesting a Special Permit to allow him to convert the
existing four family dwelling into four condominium units. Petitioner has also
requested a Special Permit to add a fifth condominium unit to the premises.
This proposed condominium conversion is covered by the terms of the City of
Salem's Condominium Conversion Ordinance. . The Special Permit that has been
requested may therefore be granted only upon a finding by the Board of Appeal '
that (1 ) the grant. of the Special Permit will not adversely impact upon the
City's existing stock of rental units for low and moderate income families
and elderly people on fixed income, (2) that the grant of the. Special Permit
is not contrary to the City's Master -Plan, and (3) the grant of the Special
Permit will not have. an adverse effect:on the neighborhood.
The Board of Appeal, after consideration of the evidence presented at the
public. hearing and after viewing plans of the property; makes the following
findings of fact:
1 . No opposition to petitioner's plan was raised by neighbors;
2. Notice requirements of Section V-B(12) (6) have been met;
3. Petitioners plan will not have any negative impact on the
existing rental units in the City for families of low and
moderateincome or for elderly people on fixed income;
4. Petitioners plan will not have a negative impact on the neighborhood;
5. No significant hardship to existing tenants in the building will be
caused by petitioners plan;
6. Petitioners plan is not in conflict with the Master Plan of
the City.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board concludes as follows:
1 . The proposed conversion ,of the property to condominium units, and
the addition of a fifth condominium unit, will not be substantially
more detrimental to the neighborhood than the existing use of
the property.
DECISION ON THE PETITIONS OF ASER FRISCH
FOR SPECIAL PERMITS FOR 198 LAFAYETTE ST.
page two
Therefore, the Board of Zoning ,Appeal voted unanimously in favor of. approving
the grant of the two Special Permits requested. The Board granted those Special
Fid C. Permits under ,the following terms and conditions:
. Petitioner may convert the premises to condominium ownership;
'83 JUN 10 A9 :2 r
2. Petitioner may add a four-room fifth condominium unit to the premises;
;CITY CLEftS'S "OFFICE
SALEiIP'. S 3. .;,Petitioner will maintain ten .(10)" paved parking spaces as shown
on the plan submitted to the Board;
4. No construction :or alteration work .-in furtherance of the condo-
minium conversion or the addition ,of the fifth unit may be done at
any hour ,or day:other than between 8:00 a.mand 5:00 p.m., Monday
through Friday, such restriction.to remain in effect for six (b)
months from the date of the filing of this decision.
Scott E'. Charnas, Acting Secretary
APPEAL FROM T41S DECISION, 1, ANY, SHALL BE MADE PURSUANT TO SECTIO`! 17 OF THE MASS. . - "
GENERAL LAGS, CHAPTER 808. AND SHALL RE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING -
OF THIS -DECSIONIN THEOFFICEOF THE CITY CLERK. _
PU"nS=.°a TO 7ASS. CENERAL L 4S. CHAPTER E08. SECTION 11,THE VARIANCE OR SPECIAL PERMIT . . -
G.[U,1 -O H ..EI7.-SHALL NJT TA.1E EFFECT'UNTIL A COPY Cf THEDECISIJN. GEARCIB THE CERT- - - - -
_ FiCALCN OF ME CITY CLERK T:1:.' 20 DAYS HAVE ELA?SE� A`3 NO APPEALHASBEEN FILED,
- OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS B-EN DIS'.ISScD OR DEIdIED'IS " - - -
RECORDED 1"1 THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA'AE OF THE 07/NzR - -
OF RECGRD OR IS RECORDED AND NOTED ON THEO'NNER'S CERTIFICATE OF TITLE. - -
BOARD OF APPEAL - - -
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK