271 LAFAYETTE STREET - RODERICK, RICHARD & MARY - ZBA 271 Lafayette St. R-3
Saul Toby & Clifford Abel-
son (petitioners)
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DECISION ON THE PETITION OF SAUL TOBY AND CLIFFORRItBELSON..-
(PETITIONERS) RICHARD & MARY RODERICK (OWNERS) FOR A-. = _:
VARIANCE FOR 271 LAFAYETTE STREET, SALEM
A hearing on this petition was held February 15, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs., Charnas, Luzinski 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.
Petitioner requests a Variance to allow them to use the first floor of the .
premsies as a professional office. The property is currently owned by
Richard D. and Mary R.B. Roderick and is in an R-3 district.
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, buidlings and structures .in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to the petitioner;
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_
After hearing the evidence presented at the hearing, the Board of Appeal makes
the following findings of fact:
1 . The size of the building on the premises is extremely large, and the
first floor itself is so spacious as to be uneconomical to heat as
a residential unit;
2. If the first floor cannot be used con:^ercially, the owners will be
under a substantial financial hardship;
3. These conditions are unique to this property in the district.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board concludes as follows:
1 . Literal enforcement of the Zoning Ordinance will work a substantial
financial hardship upon petitioners;
2. There are special conditions which affect the lot and which are
uniou-- to and do not generally of€eet the district;
DECISION ON PETITION OF SAUL TOBY & CLIFFORD ABELSON
FOR A VARIANCE FOR 271 LAFAYETTE STREET
page two
3. The relief requested can be granted without substantially derogating
from the intent or purpose of the Zoning Ordinance and without sub-
stantial detriment to the public good.
Therefore, the Board of Zoning Appeal voted unanimously to grant petitioners
the Variance requested, provided that:
1 . At least six parking spaces be maintained on the premises;
2. A Certificate of Occupancy be. obtained; and _
3. An approved A.C. Fire alarm system including smoke detectors, heat
detectors, audible/visual alarm devices, converted to a fire alarm
panel, be installed.
VARIANCE GRANTED -
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK '
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-r..� is c !F A;IY. SHALL BE MADE PURSUANT To SECTI022 17 OF THE GSC-SS• � _
APPEAL FRO:-. TH!S DECISION.
GEY,ERAL L:.;i S.
CHAPTER S':S. W D SHALL B FILED WITHI"7 20 DAYS AFTER THE LATE OF F1Lh{C
CF T'.!S OEC1-1—vei IN THE OFFICE CF THE CITY CLERK. rc Sp".
. PC S:�R'i TO .:`.ASS. G&1ERAL CA::S. C!1A°-ER SCS, SECTION 11. THE VARIAF... C'. "`IAC
KE EFiEC7 UPlTIL A COPY OF THEGEC1SP=iI. B 'E 'HEC
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NO AP?EAS HAS BEE;, F![cp
CR Tii�.T. IF S!1E AN APPEAL HAS ", ..LE. THAT IT HAS BEEN DIS':ISSED CRD JVD is
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE AiA�\tE OF T•cir CSiiti'
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE CF TITLE... .
BOARD OF APPEAL
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DECISION ON THE PETITION OF ROBERT D. BOWES, JR. ET AL. , REQUESTING
A VARIANCE FOR 301 LAFAYETTE STREET
A hearing on this Petition was held on January 20, 1982, withthl
Board Members present: Douglas Hopper,, :Chairman, Messrs. Hacker, Piemonte, eeliefryl { OL
and Associate Member Martineau. Notices of the hearing were sent to abp{tse2rs and
others and notices of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A. CITY i lE3•ti- Sk1_E'4,kAS&
The Petitioners are requesting variances for the property at 301 Lafayette ,
Street to use the first floor of the property for a law office. A variance is
required because the property is in a R-3 district where the proposed use is prohibited
without a variance.
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of fact:
1. The property in question is the site of six residential units, four of
which are in the building designated as 301 Lafayette Street.
2. The property is a .large structure which is easily adaptable to a law
office.
3. The continued use of the property for only residential units presents
an economic hardship on the Petitioners.
On the basis of the above findings of fact, and the evidence presented at
the public hearing, the Board of Appeal. concludes as follows:
(1) The property in question is unique because of its size and
configuration and because of its unique ability to accommodate
a substantial number of off-street parking spaces.
(2) The conditions described above especially affect the structure
in question but do not generally affee[ the zoning district in
which the building is located.
(3) The conditions described above which affect the land in question, but
not the zoning district generally cause financial hardship to the
Petitioners.
(4) The desired variance may be granted without substantial detriment
to the public good because the proposed use of the property is in
harmony with other non-residential uses in the area.
DECISION - ROBERT D. BOWES, JR. , ET AL
301 LAFAYETTE STREET
Page 2
January 20, 1982
' — Jay 2S 3 14 PP °BZ
Therefore, the Board of Zoning Appeal unanimously voted in favoftLai*
granting the requested relief. The Board grants a variance to the Petitioners
on the following terms and conditions: C'T-y r'LGF-!t_ MEN.MASS.
1) The first floor of :the property designated as 301 Lafayette Street
may be used as a law office for not more than 4 attorneys.
2) The property may also be used for not more than three residential units.
3) Petitioners shall provide eleven parking spaces at the site as
shown on the plans submitted to the Board unless this requirement is modified in
accordance with paragraph 4.
4) Petitioners 'shall submit their proposed parking plan to the Salem
Fire Marshall for his review. Alterations, if any, in that plan ordered by the
Salem Fire Marshall shall be incorporated in and become part.of this variance.
An�ony M. Feeherry, Stcretar-
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A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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