253 LAFAYETTE STREET - MCMANUS JR, CHARLES - ZBA 253 Lafayette St. R4,3
Charles McManus,. Jr.
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DECISION ON THE PETITION OF CHARLES MCMANUS FOR A SPECIAL PERMIT AND A
VARIANCE FOR 253 LAFAYETTE ST, SALEM, MASS.
A hearing on this petition was held on September 12, 1984 with the
following Board Members present, James Hacker, Chairman; Scott Charnas,
Secretary, Messrs. Robert Gauthier & Peter Strout and Associate Member
Richard A. Bencal. Notice of the hearing was sent to abutters and
others and notices of the hearing were properly published in the Salem
4 A .
EveningNews in
accordance with Massachusetts General Laws Chapter 0
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petitioner has re
The P requested Special Permit to convert an existing two
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family house into a three unit condominum , and a Variance from a 20 ft.
sideline requirement to build within 15 feet of the sideline in this
R-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request 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 Permit
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. *P
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 Variance which has 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
C7 affecting other lands, buildings and structures in the same district:
a
b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to petitioner; and
v
`. > 'c. desirable relief may be granted without substantial detriment to the
EO ~—, public good and without nulliftying or substantially derogating from the
PETITION OF CHARLES MCMANUS FOR A SPECIAL PERMIT AND A
VARIANCE FOR 253 LAFAYETTE ST. , SALEM
page two
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. the building is a unique structure and the existing style
prevents an inside stairwell without substantial financial
hardship.
2. No opposition was raised by neighbors or abutters
3. The petitioner has complied with the provisions of the Salem
'Condominium Conversion ordinance.
The Board of Appeal voted 5-0 in favor to allow the Special Permit to
convert from 2 units to 3 condominiums and 4-1 in favor (Mr. Charnas
opposed) the variance of the sideline, provided that:
1. the conversion must be done in accordance with the plans submitted.
2. a certificate of occupancy must be obtained.
SPPECIAL PERMIT AND VARIANCE GRANTED
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Richard A. Bencal, B Appeal
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLER (
APPEAL FRTAI THIS CFCISIOitl, G ANY, SHALL BE MADE PURSOANT TO SECTION 17 CF THE 1111ASS,
GENERAL LAWS, CHAPTER SOS. AND SH=_ EE F1LD VJii I;I': 20 DAPS AFTER THE DATE OF FILINS
OF THIS-DECISION IN THE OFFICE OF THE CITY CLERK.
PURSA!.t TO NIASS. GENE.:AL I-PAYS, CHAPTER 808, SEIM` 11, THE VARIA`ICE C3 S?_:!%.1 PF3:;IT
GRANTED HERE;N. SHALL GGT TACE EFFECT UNTIL A COPY DF TEE OFC!S!.!i. EE.'.S ^:. '.H_ CERT-
FICATION OF THE CITY CLERK THAT 20 DAPS HAVE ELAPScD !.%) N� APPEAL HAS °EEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT H S LEEN CI£.'::ISS_D OR DE;:iED IS
RECORDED IN THE SOUTH ESSEX REoiSTRY OF DEEDS AND INDEXED WBFR THE NA..;E OF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL