256-258 GEORGE A DAVID M - BELISE & JACOBSON, GEORGE A & DAVID M - ZBA ( I
256-258 Lafayette St. R-3
Lafayette Real Estate Tr.
George a. Belise, Tr.
David M. Jacobson Tr. -
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DECISION ON THE PETITION OF LAFAYETTE REAL ES1jTE TRUS4,
GEORGE A. BELISLE, TR. , FOR A SPECIAL PERMIT 1ED -A VALANCE
FOR 256-258 LAFAYETTE ST. , SALEM an C
A hearing on this petition was held May 15, 1985 with the following Board Members
present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski and Bencal
Notice of the hearing was sent to abutters and others and notice of the hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioners are requesting a Special Permit to convert carriage house to a four
(4) unit condominium and all necessary variances in order to construct fourteen ( 1-4,1 ,
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condominium units in this R-3 district.
The Board of Appeal, after careful deliberation, established there was a substantial
difference from the previous decision that had been denied by the Board on June 15,
1983. Substantial difference being the relocation of the carriage house from its
existing position to that on Lafayette Street. Therefore, the Board of Appeal
voted unanimously 5-0 to hear the petition.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 11 , 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, ex-
tension 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.
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 Variances which have 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 involve
substantial hardship, financial or otherwise, to the petition; 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.
L-
DECISION ON THE PETITION OF LAFAYETTE REAL ESTATE TRUST
FOR A SPECIAL PERMIT & VARIANCE FOR 256-258 LAFAYETTE ST. , SALEM
page two
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . There was some neighborhood support;
2. There was major neighborhood opposition;
3. Petitioner was unable to meet the-requirement of Chapter 40A
regarding hardship.
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 . The relief requested cannot be granted without substantial detriment
to the public good or without substantially derogating from the intent
or purpose of the Ordinance;
2. Literal enforcement of the provisions of the Zoning Ordinance would not
involve substantial hardship to the petitioner;
3. The requested relief will not promote the public health, safety,
convenience and welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal by a vote of three in favor of granting the
petition, two (Mr. Hacker & Mr. Luzinski) voting to deny, denied the petitioner
the relief requested.
SPECIAL PERMIT & VARIANCE DENIED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FRO,, THIS DECISIO!i, IF AINY, SHALL BE MADE PURSUANT SECTION WOF THE
GENERAL LASS, Ch'-,PiE^ 808, ?,D SHALL BE FILE^ Wi7,i!N 20 D MASS. -
4 OF THIS DEC'!S'ON IN THE Cr._-;CE OF THE CITY AFTER Tlib CA.TE OF FiJ::;
PURSANT TO A_.,. CLEn"K. m -
!E c, ^E L N, G.'.; CH;:PTER S^S. SEi P.i'''1 11. THl�iAP.'AF'CE tkSPECiAL F:•'S'!T
GRANTED h COI, SH?tL t :E EFFECT UNTIL A C Pl , TH b r T E C r$
FICATIAT' OF iH CIT, CIER" Y:. - b '.'�
OR THAT. IF SUCH A}� Hit J DAYS N?v i.-. „ h np�A .rEAL HUFF!,
APP f... . o BEN F !E Ta: Fi:3 UFc - JISSOC CP "S:iCDiD.
RE,E OED IY THE SOJ H ESSCi. RCaIS7RY OF Ccew A?.J I-;"EXED L!i�Efi THE NA1;E OF THE
OF RECORD OR IS RECORDED AND NOTED ON THE DV;NER'S CEiJIFICATE OF TITLE.
BOARD OF APPEAL
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DECISION ON THE PETITION LAFAYETTE REAL ESTATE=iP,UST,
GEORGE BELISLE & DAVID JACOSSON, TRUSTEES FOR SPECT&
PERMIT AND VARIANCE FOR 256-258 LAFAYETTE ST. ;'SALEM a„
A hearing on this petition was held July 17, 1985 imd con ued until July 24 ,
1985 with the following Board Members present: Janes Hac&+•, Chairman; Messrs. ,
Charnas, Gauthier, Luzinski and Strout. Notice of the h2giving 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.
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 15, 19857
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,
enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the
neighborhood.
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
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 ON THE PETITION OF LAFAYETTE PEAL ESTATE TRUST,
GEORGE BELISLE & DAVID JACOBSON, TRUSTEES FOR A SPECIAL
" PERMIT & VARIANCE FOR 256-258 LAFAYETTE ST. , SALEM
t page two
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . The total of sixteen ( 16) units requested would overburden the area
and a lesser amount would be satisfactory. 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 the July 17, 1985 meeting;
4 . Approximately two years ago a similar petition was denied;
similar petition was denied;
5• Approximately two months ago a p ,
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 will not be substantially more detrimental
to the neighborhood;
3. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioners;
4 . The relief requested can be granted without substantial detriment to
the public good and without substantially derogating from 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;
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. , SALEM
r. page three
2. Carriage House to be moved to the front of the property as per plans
submitted to the Board on July 24 , 1985;
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 (6) 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;
8. A 'Certificate of Occupancy for each unit must be .obtained.
SPECIAL PERMIT & VARIANCE GRANTED
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�,ms B. Hacker, Chairman
A COPY OF THIS DECISIONv & PLANS HAVE BEE,.\ SUBMITTED TO THE PLANNING BOARD
AND THE CITY CLERK
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A Pr ES,L FR✓f,! THIS DEMIIH, 1.= ANY. SH='.LL BE fi(ADE PURSUANT TO SECTION 17 OF THE MASS:
CEi;EP.AL LAWS, CHk.FTER £08. 4ND SHALL BE FILED 'NITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DEC!S:Gii IN THE OFFICE OF THE CITY CLERK. '
TD :.'—:S. GENEF` LA':7S. CH.S°TER £0£, SECTIDN 11, THE 1'F htiCE OR S?EZI51 PER4iiT
?'ED P.E'nJa. SH-ILL Y51 TAKE EFFECT UNTIL A CCPV OF TH,E DEC!SITi. THE CERT-
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ERTFi:::.T!:.N C'= THE C;T! C_EP.`; THAT 20 DAYS H-.._ EL°.PSED AND NC APPEAL HAS EEr'; F!!ED,
. 'r. TH-i. IF SO!:!: AN APPEAL HAS BEEN RLE. THAI IT HL.S 5EEN DIS::ISSED OR CE:;!ED IS
RL: iR'ED Ifi THE SSUiH ESSEX RECiSTR'1 OF DEEDS AND INDEXED Pi -ER THE NA:4Z OF THE OWNETi
W MEIs&1 OR IS RECORDED AND NDTED ON THE 04NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
m RECEIVED
Salem Historical COm�Iss� EM PLANNING DEPT.
CITY HALL. SALEM. MASS. 01970
744-4580
May 15, 1985
Mr. Walter Power III
Planning Board
City of Salem
One Salem Green
Salem, MA 01970
Dear Mr. Power:
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
provision :that it be set back six feet further from Lafayette Street than shown
on the site plan.
While the Commission approves the concept of the project as a whole, we have
strong reservations about the treatment of the Gothic Cottage at 260 Lafayette
Street.. 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's 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 Planning Board and the Board of
Appeal 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.
Si erely,
l�C°�
Annie C. Harris
Chairman
ACH/jp
May 10, 1985
Chairman, Board of Appeals
Salem City Hall
Salem, Massachusetts 01970
Re: Application for Special Permits and Variance/ Lafayette Real Estate
Trust
256-258 Lafayette Street
Dear Mr. Chairman,
This letter is to inform you that we are the owners of the property
located at 254 Lafayette Street, and that as such we are abutters to the
property which is the subject of applications being considered by the
Board on May 15, 1985.
We have reviewed the plans to be presented to the Board, and wish
to express that we have no objections or opposition to the plans
as presented.
Ve'r'y truly yours,
Edward Mello, Trustee
MELLO REALTY TRUST