323 LAFAYETTE STREET - STEVENS, MUREEN - ZBA 323 Lafayette St. R-2
�— -- - — - Maureen Stevens (Petitioner) "— -
Gregory Rand (Owner)
J
J t
Ctu . of Salem,
184 ARR -3 P? :51
DECISION ON PETITION OF MAUREEN STEVENS TRUSTEE, MISxrri - rF
REALTY TRUST FOR A SPECIAL PERMIT FOR 323 and 323R
LAFAYETTE STREET, SALEM
A hearing on this petition was held on March 21 , 1984 with the following Board
Members present: James Hacker, Chairman; Messrs.; Charnas, Hopper, Luzinski,
and Strout. Notice of the hearing was sent to abutters and others acid notices
of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit to allow her to convert into condominiums
the vacant five unit building at 323 R Lafayette, St., as well as the two family
building located at 323 Lafayette St. The owner of the property is Gregory A-
Rand. Property is located in an R-2 district.
This proposed condominium conversion is covered by the terms of the City's
Condominium Conversion Ordinance. The Special Permit that ahs been requested
may therefore only be granted 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 incomes; (2) that the grant of the Special Permit. is not con-. _
trary to the City's Master Plan; and (3) the grant of the Special Permit wi11
not..have.an adverse effect on the neighborhood.
The Board of Appeal, after consideration of the evidence presented at the hearing
and after viewing plans of the property, makes the following findings of fact:
1 . No opposition was presented to the plan;
2. The buildings are vacant and were not .made vacant by petitioner
for the purpose of condominiumizing the units;
3. Petitioner's plan will not have a negative impact on the City's
existing stock of low and moderate income rental units nor on
elderly people on fixed incomes;
4. Petitioner's plan will not have a negative impact\on the neighbophood;
�I
5• Petitioner's plan is not in conflict with the Master Plan of the city;
6. There are no tenants and thus no hardship caused by the conversion.
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
ollows: .1 . The relief desired can be granted without substantial detriment
to the public good;
f =+ DECISION ON PETITION OF MAUREEN STREVENS, TR.
FOR SPECIAL PERMIT FOR 323 & 323 R LAFAYETTE ST.
page two
2. The proposed conversion to condominiumswill not be substantially
more detrimental to the neighborhood than the existing use of the
property.
Therefore, the Zoning Board of Appeal voted unanimously to grant the relief
requested for a Special Permit to convert to condominium units.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
APPEAL FP.G.1 PIU DECISION, iF k;1Y; SHALL BE ,AD PURSUANT TO SECTION 17 OF LIE LASS. _
CEP;ERAL LA51S, CH%PIER SUB, Ri+D SHALL CE FILED WITHIN 20 DAYS AFTER THE CATS D'- FtliiiS
OF THIS DEC!S'"t! IN THE OFFICE OF THE CITY CLERK.
or THI i T -':°S. 6Et °A�.L +75. CPAPTEB £C'o. S'CTI„i 11. THE VARIA^i.E OR SPECIAL PC°'&1? .
.� SHALL I!�T iA(E E` FCT 01I A COPY GF THEO I51_Y 0E Rt - TPc G°�
d p �cc ASID P APPEAL H b. r- -O.
CITY CLER'A THAT 20 DAIS HAJE ELAS,. � ..;SSE' 0z ^ ;I°O S
u�", BEEN FILE. THA' IT HAS B cP D ,,c n• 5.
"R -`Ii iF Si CCH AN APPEAL �.. _ r^^.PID INDEXEO WIDER ..1E Tj.k";E Or THE 07", .
DFD IN THE SOUTH EaS�\ c„ISTRY
OF �cc"'
G'c RECORD OR
IS RECORDED AND NOTED 01 THE O'!r'PIER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL - - -
c�. C '
- =� -0 ^' -
• .. ..
. - •—'---,•-.-,�.��-.ter----.r
AFFIDAVIT
M NS
LL va,vl formerly a tenant at .RW&i�
323 Lafayette Street, Salem, Massachusetts, affirm that Ivoluntarily vacated the
premises as a tenant, and was not, in any manner, forced to vacate the premises.
Dated: March /6 1984 ,E
Comm. ob Ma64A c LI
Em ex, 44
Then penzonaUy appeared .the above named
r
acknowkedged .the {oregoing iwstnument .to be Uhee act and
deed bebore me.
Lk--Cb
OTARY (IS O
V
AFFIDAVIT
1, L�nc�� .J-- C . a. _, formerly a tenant at Rear
323 Lafayette Street, Salem, Massachusetts, affirm that I voluntarily vacated the
premises as a tenant, and was not, in any manner, forced to vacate the premises.
Dated: March � 1984
Comm, ob Mahac��
Ehsex, ss
Then peuonaUy appeared the above named
achnowZedged the 6otegoing ins.tnument to be bhee act and
deed be6ohe me. _
NURTA YF3CIPU
e
�-2 �s��SS1c<LP �QX- 111525
I
w
AFFIDAVIT
rA ) 7 formerly a tenant at Rear
323 Lafayette Street, Salem, Massachusetts, affirm that I voluntarily vacated the
premises as a tenant, and was not, in any manner, forced to vacate the premises.
Dated: March /Q 1984
Comm. 04 Mash
1e' I8�
Eahex, 3e
Then peuonaUy appeared the above named e-N W�xcAnd
acknowledged .the Uoregoiny i"tkument to be bree act and
deed bebore me.
N Ry PUBLIC J)
t
SSS%oc� JQ ) P u-Q 5
AFFIDAVIT
I, �obeAJT ' '' 6figY 6k formerly a tenant at feouT
323 Lafayette Street, Salem, Massachusetts, affirm that I voluntarily vacated the
premises as a tenant, and was not, in any manner, forced to vacate the premises.
Dated: March 1984
COMMONWEALTH OF MASSACHUSETTS
Essex, ss March 5, 1984 /
Then personally appeared the above namedob�r
and acknowledges the foregoing instrument to be �5 free act and deed,
before me.
My commission expires
NOTARY P LIC
AFFIDAVIT
1j� formerly a tenant at Rear
323 Lafayette Street, Salem, Massachusetts, affirm that I voluntarily vacated the
premises as a tenant, and was not, in any manner, forced to vacate the premises.
Dated: March 1984
Essex ss: On this 12th day of March, 1984beforeme personally
appeared Frank Obremski to me known to be the person described in and
who executed 'the foregoing instrument, and acknowledged that he executed
the same.
X Q cp A o VLC) R 4 ' lCtA My commission expires: � � C)
AIDTARY PUB TC
AFFIDAVIT
I �g�j� ��, formerly a tenant at Rear
323 Lafayette Street, Salem, Massachuse'Cts, affirm that I voluntarily vacated the
premises as a tenant, and was not, in any manner, forced to vacate the premises.
Dated: March 19 , 1984 �>^�
Essex as: On this 19th-day of March, ; 1984 before me personally
appeared Johne-A. Gagnon to me known to be the person described in and who
executed the foregoing instrument, and acknowledged that he executed
the same.'��
1 \\ e
nWy commission expires
NOTARY PU IC
F,
March 19 , 1,984
Mr. Michael W. Nash
109 Aldrich Road
Wilmington, Massachusetts
RE: 323 & 323 Rear Lafayette Street
Salem, Massachusetts '
Dear Mr . Nash:
With regard to the above referenced property , my
decision to terminate tenancies there resulted from a party
that was given on or about April 30 , 1983 by the tenants .
The police were called to end that party , but not before there
was severe damage inflected to the premises.
Immediately, I began to move tenants from the property
in order to upgrade the tenancy and property.
Subsequently , I entered into a Purchase & Sale Agreement
with yourself. With my approval , you took over the property
and continued to vacate tenants , most of whom were students
and not good quality tenants. Your condominizing the
property was not a motivation for vacating tenants.
Sinc e
G go A. Rand
GAR/las
-LACUS
Z rt� i
a � BEST A�
7- u
SQLEM %!F_. LEW/5 45 . DALES/
�e_ STATE G7
Salem
COLLEGE _
//br• 301 L>E0N,42D Q. /l/ES
J
Z
� � 2
v �
I G.4, ,,4 G E
FENCE r' ' /.,C. 583 30 '0¢ „£
SCALE : = 2000 nWALL PA P yK/NG ; 785 /7G,GG 32, 0O
/6�
'Bldg.
(�TYP.J
17.0/ C,B. I
� � -- -- - /v / II PA,PK/NG
h3?3 /DEC/C GO. (o ._4137_ O
IND/zQNT O/,4NE
K a / Area= 3 L30UD2EAU
TOP ,� �-i7Ol l 3z.a
5P/NDGE L ..RAN. F.
NOTES =/00.00 . �5.80�-'Fs, ^"� " h fr
TOT,4L 42£4 = 45,80,/f.5..F. ?GFTE2Y
6/Tllyl. CONCF�ETE � O
ZJ 61_1/LO/NG CONSTRUCT/ON /S �
GA?A/V/TE OR CONCRETE FOUNDAT/ON c T - - T T-�--�-- - Parew
I C?AVEC -""• - -•-
WOOD F/24AgE .5TEUCTU/ZE. \ \ PA ,P K/NG\ \ \ \ 4 I WA L/C cACDEN
9'X/8'(TYP)\ \� \� �� zo.e5 l9-Z0
3) DU/LD/NgS CONTA/N 7 UN/TS
(5-2E42 AND Z-F/ZONT) PLF7NTE2 207. (00
589 ° "
j NUMBE2E0 / T,///ZU 7 �jNCL) l �, 47 '40 -
w --FIr ENCE
4) BENCq MM2K
TOP 3P//VOLE 14YDRANT Al T `*307
L4F4YET7E STrlEET. "I p ✓AlV1£S J. NEA?Y
ELEV. _ /00.00 ('<155UA�1E0> vj / CE/ZT/FY TffaT T!!/S PLAN F111LY4NO 4CL'UIZ4TELY
N DEP/CTS T//E LOC4T/ON AND D/MENS/ONS OF T14 C BU/LD/N¢3
v 4T 323 AND 323 RE42 LAFAYETTE ST2E•ET, SALEM, MASS.
45 BU/LT AND FULLY L/STS TPE UN/T.5 CONT41AIED TAIERE/N.
-
' �TE2ED LAND SU2VEY02
i
/ CE2T/FY 711,4r T///5 PL4N W,45 / IIEPECY CE/ZT/FY T,(44T TlfE P/ZOPE/ZTY UNE-5
PTZE-F41TE-D /N .4000/ZD,INCE WITH 5110WAI ON 7AV.5 PLAN 4?E TWE L/NE5 DMIOINC 6.Y/,5T/N67
T/fE /Z[/LE.5 AND /ZEfUL.47_/01V5 OWNE/ZSLf/P5 LIND T1/E L/NE5 OF THE 6T/ZEE'TS LAID W4 Y5 PL4N OJor LQND
OF T/FE IFE6/.5TE/z5 OF DEED5. -'WOW/V 4/ZE T!/OSE OF PI-10L/C 02 P/2/V4TF _5 )0SETS 4N0
WAYS ALlZEADY E5T4,3L/.5PCD AND TQ47- NO NEW L/NE.5 /N
> G FO/Z D/V/.5/0N 0c EX/5T/N6 OWNERS/-//P 02 FO/Z NEW WAYS
FOR REG/ST/ZY OFD£ED.S USE ARE 5140WN. S�L �/VI
/ .41-50 6£2 T/FY T4.4T T///S 5U2V£Y AND PLAN W<2E
P/ZEPLJ?ED /N 4CC0/ZDANCE W/T// T11=c P/ZOCEDU,P4L AND P2•EP.42ED P02
TEC//N/CdL 5UAIDA/ZD5 ME T/JE P?4CT/CE OF L4AID SU2!/EY/Nfr
/N T//£ COAfAiIONWEALTN OF . Z.4 .4 /ETE STZEET CONDO / NI
UM
OF Ar
� Q A� G R0B[RT cy l SCALE': 4 = 00 � NOv ZV 4983
N /
C /✓•E4/3 T,F.PED G.4N0 SU/z UE Y02 �� B• �i
BOWMAN y
NO.h mFc' O'e 0 5 to 210 40 I0
50 2E515EX SU/Zl/EY 5E2/1/CE, INC.
47 FEDE/Z4L STREET 5ALEU
404 28
--- - - --- _ _ --- --- - --- ^ f T7- ---
- -
Tl - _