256-258 LAFAYETTE STREET - BELISLE, GEORGE - ZBA i
256-258 Lafayette St. (R-3)
y Lafayette Real Estate Tr. C -
George Belisle Tr.
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DECISION ON THE PETITION LAFAYETTE REAL ESTATE"RL'ST,
GEORGE BELISLE & DAVID JACOBSON, TRUSTEES FvR SPECT&
PERMIT AND VA.^MANCE FOR 255-258 LAFAYETTE ST, SALE ; 1„
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A hearing on this petition was held July 17, 1985 mEd con�ued until July 24,
1985 with the following Board Members present: Ja2es Haq&g. , Chairman; Messrs. ,
Charnas, Gauthier, Luzinskl and Strout. Notice of the heldtring was sent to
abutters and others and notices of the hearing were properly published in the
Salem Evening ?hews in accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit to convert carriage house to four
condominium units and all necessary Variances in order to construct twelve
condominium units in this R-3 district.
The Board of Appeal, after careful deliberation, established there was a sub-
stantial difference from the petition that was denied by the Board on May 55, 1985,
the difference being two less units on the property. Mr. Gauthier made a motion
to hear the petition. Mr. Charnas seconded the motion. By a vote of 4 - 1
(Mr. Hacker voted in opposition) the Board of Appeal voted to hear this petition.
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 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.
en- arger^ent or expansion shall n0`.. be s'ul-stantially more
detrimental than the existing nonconforming use to the
neighborhood.
In more general terms, this Board J-5, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
t.v 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
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involy
substantial hardship, :`financial or otherwise, to the petitioner; and
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 the purpose of the Ordinance.
DECISION 017 THE PE71TIOk OF LAFAYETTE REAL ESTATE TRUST,
CE-C -,.E- BELISLE & DAVID J.-:COBSOR, TRUSTEES GP. A SPECIAL
FER:- T & VARIANCE FOR 255-258 LAFAYETTE ST. , SALEM,
Page two
The 'Board Of Appeal, after careful consideration of the evidence presented at the
hearing and after view'_rig the plans, makes the full Ow'xnF findings Of fact:
1 The total of sixteen ( 16) units requested would overburden the area
and a lesser amount would be sat_sfactorv. The developer agreed to a
total Of ten ( 10) units;
2. The Carriage House will be moved to the front of the property as per
plans submitted to the Board on July 24 , 1984;
3. The petition was continued from tine July 17 , 1985 meeting;
4 . Approximately two years ago a similar petition was denied;
5. Approximately two months ago a similar petition was denied;
6. The Board voted four to one that there was a substantial difference
from the previous petitions;
7 . Several neighbors were opposed to this petition;
8. Few neighbors spoke in favor of this petition if the total number
of units were reduced;
9. Because of the shape of the land, in all probability, it could not be
used in a lesser fashion than the ten ( 10) units.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . Special conditions and circumstances exist which affect this lot
and which do not affect the district;
2. The proposed use '„ill not be substantially more detrimental
to the neighborhood;
Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioners;
4 . The relief recuested can be gra.^.ted without substantial detriment to
the public good and without substantially derogating frog. the intent
of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted four to one, 4-1 , (Mr. Hacker voted
in opposition) to grant the Special Permit and Variance requested on condition:
1 . There be no more than ten ( 10) units total, as per plan submitted
to the Board at the July 24, 1985 meeting;
4
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DECISION ON THE PETITION OF LAFAYETTE REAL ESTATE TRUST,
GEORGE BELISLE & DAVID JACOBSON, TRUSTEES FOR A SPECIAL
PERMIT AND VARIANCE FOR 256-258 LAFAYETTE ST. , SALE".
page three
2. Carriage House to be moved to the front of the property as per plans
submitted to the Board on July 24 , 1965;
3. Snow must be removed from premises after each snow storm;
4 . Drainage must meet all specifications of the City Engineer;
5. A minimum of thirty three ( 33) parkings spaces be maintained on site,
and of these thirty three (33) spaces, six 4) spaces to be used by
neighbors on Laurel, Linden and Lafayette Sts. exclusively;
6. Building to proceed in strict accordance with plans submitted to the
Board on July 24 , 1985;
7. Plans must be approved by the City Planner, Planning Board and the
Historical Commission;
S. A Certificate of Occupancy for each unit must be obtained.
SPECIAL PERMIT & VARIANCE GRANTED
fames E. Hacker, Chairman
A COP:" OF THIS DECISIONi & PLANS HAVE BEEN SUBMITTED TO THE PLANNING BOARD
AND THE CIT': CLERK.
A"" FF::;:: THIS D6_.!SIW F ANY SHW BE YALE PURSUANT TO SECTION 17 OF THE MSS$'
.-..P-- F,; .r;. ... A.-.. THE n
CF.._c.-�L LAt:"_. ,.n.-.r r_R - - 4;DSCALL . :, :,
EE Fl. _ . . .. DAYS rt^. .n- „<.'_ Or F!LI\;:
CF 7H.. ,.- IN THE OFRZE OF THE CITY CLERK,
P-711:7 .: S .._.._5._ -_JS. CHUTER EX S:704 M THE PA:,. CD STIQ FEF.''IT
,t: F.."H='�`SHt.L. :,C. i.:._ EFFECT UNTIL A COPY OF THE:,-.,.:.. ., E C
F;l.::.T.. N -F ME OL'i CLEO THAT -C OARS H=':- _.APSEC AD SC A. . _AL HAS AEE% PLED.
R 7K' IF SA4 AN APPEAL HAS BEL. FILE TH-.. IT 90 BEEN CiS7.!32 OR Fr_ NED IS
THE SD'' ES>J: REoISTF.'i DF DBED'S OND If;^E'CED LN DER THE NAMEO' THE DUPE
W ZZLcA1 OR IS RECORDED AND NOTED ON THE O,,NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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MICHAEL E. O'BRIEN '� - .q MARY P. HARRINGTON
CITY SOLICITOR 4EiNaewt"t ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
and CITY OF SALEM and
187 FEDERAL STREET 59 FEDERAL STREET
SALEM, MA 01970 MASSACHUSETTS SALEM, MA 01970
745-4311 744-0350
7443383
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
September 4 , 1985
James Hacker, Chairman
Salem Board of Appeal
One Salem Green
Salem, Massachusetts 01970
Re: Letourneau, et als
vs
Belisle, et als
Land Court #117463
Dear Mr. Hacker:
Please be advised the above matter was dismissed on
September 3 , 1985. I am enclosing supporting documentation
for your records.
XVey y s
0'
itor
MEO/jp
Enclosure
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Essex, ss. Miscellaneous
Case No. 117463
HENRY LETOURNEAU,
BERNICE KELLEHER,
LUCIENNE DUPRAY,
Plaintiffs
vs.
GEORGE BELISLE and .
DAVID M. JACOBSON,
TRUSTEES OF THE T_SFAYET_TE
REAL ESTATE TRUST AND
JAMES HACKER, SCOTT CHARNAS,
ROBERT E. GAUTHIER, EDWARD
LUZINSKI AND PETER STROUT AS
THEY COMPOMISE THE BOARD OF
APPEALS OF THE CITY OF SALEM,
Defendants
CERTIFICATE
This action was filed in the Land Court on August 21, 1985. Plaintiff
sought a determination concerning the rights of the parties in and to a
certain parcel of land known as and numbered 256-258 Lafayette Street in
Salem, in the County of Essex and said Commonwealth.
No responsive pleadings were filed by any party, and after due
proceedings in the Court, all of which appear of record, a notice of
voluntary dismissal was filed on September 3, 1985. Under the terms of
this notice, the action was dismissed with prejudice.
In testimony whereof, I have hereunto set my hand and affixed the s al
of said Land-'Court, this third day of September A.D. 985. --
Charles W. Trombly, Jr.
Recorder
COMMONWEALTH OF MASSACHUSETTS
S. FILEDSI
R COURT
CIVIL ACTION
SEP 3 9 19 AH '85 No. -2 51,61'3
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"LAN "D.. 000RT e�v,e ti �� �ov.P,ve u 'u - .e {A�0 � Plaintiff(s)
Z �r IN2 �i'S�e P 1A
1 Defendant(s)
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NOTICE OF VOLUNTARY DISMISSAL
Pursuant to the provisions of Mass. R. Civ. P. 41 (a) (1) (i), the plaintiff discontinues the
above-entitled action and dismisses the complaint witb%* prejudice.
Attorney forPlainti$
Dated: 3Address: /,20o ,,re 3a/ylAo% r�. �rvj
Tel. No.
e ,
j. We, the undersigned are in favor of the proposal by David Jacobson and
George Belisle for a special permit and variance to permit the construction of 4
condominium units in the Carriage House and 8 new units at 256-258 Lafayette
Street and 4 condominium units at 260 Lafayette Street, for a total of 16 units.
We are in accord with plans to construct such units at this site with entrance and
exit on Lafayette Street only. We are in favor of the preservation of the victorian
building and feel that the residential use if landscaping controls are followed in
accord with Planning Board and Historical Commission, suggestions will remove a
present unsightly problem and create a project beneficial to and in keeping with the
architectural features in the area.
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We, the undersigned are in favor of the proposal by David Jacobson and
George Belisle for a special permit and variance to permit the construction of 4
condominium units in the Carriage House and 8 new units at 256-258 Lafayette
Street and 4 condominium units at 260 Lafayette Street, for a total of 16 units.
We are in accord with plans to construct such units at this site with entrance and
exit on Lafayette Street only. We are in favor of the preservation of the victorian
building and feel that the residential use if landscaping controls are followed in
accord with Planning Board and Historical Commission suggestions will remove a
present unsightly problem and create a project beneficial to and in keeping with the
architectural features in the area.
CITY OF SALEM, MASSACHUSETTS
PLANNING BOARD
PETITION
Re: 256-258 Lafayette Street
To the Members of the Board:
WHEREAS George A. Belisle, Trustee of Lafayette Real Estate Trust (the
Developer) made application to the Salem Board of Appeals for certain
Variances and Special Permits for the purpose of developing the
above-referenced property;
AND WHEREAS after a hearing held on May 15, 1985, said application for
Variances and Special Permits was denied;
AND WHEREAS Massachusetts General Laws, Chapter 40A, section 16
requires that "all but one of the members of the planning board" must find
"specific and material changes in the conditions upon which the previous
unfavorable action was based."
AND WHEREAS the Developer has presented a new plan reducing the total
number of proposed units in the project by three;
NOW THEREFORE, the Planning Board finds that there are "specific and
material changes in the conditions upon which the previous unfavorable
action was based" and recommends to the Salem Board of Appeal that it
reconsider the action taken on May 15, 1985, pursuant to the authority
granted by Massachusetts General Laws, Chapter 40A, section 16.
SALEM PLANNING BOARD
Dated: June 6, 1985
WALTER B. POWER, Ill, Chairman
S.
KENNETH S. MAY, i e Chairman
ellA
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NoLE
DONALNT—
EDWARDPr,—STEVETTS
_ 2 _
Chi# of "litt1em, anuchUse#ts
o-,�L��,pr Fire department �ea�quarfers
ROBERT J. CROWLEY 48 '�afgctte *trret
A/chlef *atpm, 4Fa. 91,370
Date: July 15 1985
City of Salem Re: 256-258 Lafayette Street
Board of Appeal Lafayette Real Estate Trust
One Salem Green Hearing Date: 7/17/85
Salem, MA -01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The Salem Fire Department has no objection to the granting of the Special
Permit and the necessary Variances to convert a carriage house to four con-
dominium units , and to construct twelve condominium units at 256-258 Lafayette
Street, provided that plans are provided to the Fire Prevention Bureau which
indicate the type and locations of fire alarm equipment which will be installed.
Respectfully,
Robert W. Turner,
Fire Marshal
cc: Appellant
Building Inspector
File
Form #105 .
(fi#u of "ialem' fflassarfluse##s
,11"
July 17, 1985
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
RE: Petitions of Lafayette Real Estate Trust for Special Permit and
Variances at 256-258, 260 Lafayette Street
Dear Mr. Hacker:
The Planning Board has reviewed the above-referenced petitions and
wishes to be recorded as in favor of the proposal.
The plan in question has been the subject of a public hearing by
the Planning Board under the Site Plan Review process. The Board agrees
that the proposal is an appropriate and compatible use for the property,
will substantially improve a badly deteriorating site, and is in keeping
with the goals of the Board to preserve the historic integrity of the
Lafayette Street neighborhood.
As you are aware, a proposal to designate a portion of Lafayette
Street as an historic district is currently under consideration.
Thank you for the opportunity to comment on this plan.
Sincerely yours,
Walter B. Power, III
Chairman
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Salem Historical Commission
CITY HALL. SALEM. MASS. 01870
744-4580
May 15, 1985
Mr. james Hacker
Board of Appeal
City of Salem
One Salem Green
Salem. MA 01970
Dear M.. Hacker:
acker.
At its meeting of April 3, 1985, the Salem Historical Commission reviewed a
preliminary site plan by Lafayette Real Estate Trust for 256-258 and 260 Lafayette
Street. Based on the plan presented at that meeting, the Commission approved the
relocation of the carriage house from Laurel Street to Lafayette Street with the
p.rovision that it be set back six feet further from Lafayette Street than shown
on tt:e site plan.
While the Commission approves the concept of the project as a whole, we have
strr_ng reservations about the treatment of the Gothic Cottage at 260 Lafayette
SCr_et. Not only is this house unique in Salem, there being no -other examples of
its style and type surviving in the city, but it is also one of the most outstand-
ing Gothic Revival dwellings in New England. Because of this extraordinary archi-
tectural significance, the Commission has stated that it will not approve any
exterior alterations to this structure. We are also very concerned about the pro-
posed development of the cottage into five condominium units. We feel that this
many units will require extensive interior alterations which will destroy a good
deal of the building's original architectural fabric.
Under these circumstances, we feel that the Board of Appeal and the Planning
Board have a unique opportunity to protect this very special building. The
Historical Commission, therefore, hopes that as a condition of granting the variance
and special permit, no more than two units will be allowed at 260 Lafayette Street.
We would also like to request that the special permit be contingent upon the His-
torical Commission reviewing all exterior changes and new construction, including
landscaping, at both 256-258. and 260 Lafayette Street.
Sincerely,
Annie C. Harris
Chairman
ACH/jp
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SERAFINI AND SERAFINI
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR. TELEPHONE
JOHN R. SERAFINI, JR. 744-0212
JOHN E. DARLING 561-2743
ARLENE M. KEATING AREA CODE 617
LAWRENCE R. PLAVNICK
July 24, 1985
Board of Appeal
City of Salem
One Salem Green
Salem, MA 01970
Dear Brenda:
This is the revised plan requested by the board in connection with the
Lafayette Street application for Lafayette Villa Condominiums.
Sincerely,
John R S rafini, Sr.
JRS:mjh
We, the undersigned are in favor of the proposal by David Jacobson and
George Belisle for a special permit and variance to permit the construction of 4
condominium units in the Carriage House and 8 new units at 256-258 Lafayette
Street and 4 condominium units at 260 Lafayette Street, for a total of 16 units.
We are in accord with plans to construct such units at this site with entrance and
exit on Lafayette Street only. We are in favor of the preservation of the victorian
building and feel that the residential use if landscaping controls are followed in
accord with Planning Board and Historical Commission suggestions will remove a
present unsightly problem and create a project beneficial to and in keeping with the
architectural features in the area.
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We, the undersigned are in favor of the proposal by David Jacobson and
George Belisle for a special permit and variance to permit the construction of 4
condominium units in the Carriage House and 8 new units at 256-258 Lafayette
Street and 4 condominium units at 260 Lafayette Street, for a total of 16 units.
We are in accord with plans to construct such units at this site with entrance and
exit on Lafayette Street only. We are in favor of the preservation of the victorian
building and feel that the residential use if landscaping controls are followed in
accord with Planning Board and Historical Commission suggestions will remove a
present unsightly problem and create a project beneficial to and in keeping with the
architectural features in the area.
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