30 FAIRVIEW ROAD - BUILDING JACKET 3o t`-air� rie w- load
o RE: CHAPTER 804 of the Acts of 1977; an Act
regulating the disbursement .of insurance
r proceeds; notice to and payment to cities and
towns.
DATE: . January 10,_ 1978
In keeping with our practice of notifying our clients
of especially far reaching cases and statutes , we wanted
to make you aware of the captioned Act which has been widely
discussed as a proposal, but the recent actual passage of
which has been given very little notice.
The Act- is .apparently designed both to limit the profit
motive in certain types , of arson cases and to protect' cities .
and towns against owners of substantially damaged property .., _ :
who take their insurance proceeds and run, leaving the
city or town with an eyesore and safety hazard.
The Act is in four sections and relates to essentially
two separate types of situations for which it provides loss
payment procedure.
Notice to Municipalities of Building Loss Over $1, 000 .
Section 1 of the Act . amends Mass. Gen . Laws, Ch. 139 (relating
to nuisances such as burned out buildings , etc. ) by adding
a Section 3B which provides that no insurer shall pay any
claim covering loss, damage or destruction to a building
which (1) amounts to $1, 000 or more or- (2) renders the
building unsafe, dangerous or in need of securing, without
first giving ten days notice to the Building Commissioner or
Inspector of Buildings and the Board of Health or Board of
Selectmen in the city or town where the property is located.
In most cases that would be the end of the insurer ' s obliga-
tion, but the Act also provides that the city or town may,
within the ten days, notify the insurer by Certified Mail
of its intent to initiate proceedings to perfect a lien on
the proceeds, in which, case the payment may not be made
while the proceedings are pending. Such a lien if obtained +"
may be collected from the proceeds due to the insured,
owner or mortgagee. Payment of .the loss should then be
• DURKR• WIIN[R1. MORAN O MUNI{♦ .,
January 10. 1978
Page Two - - - Chapter 804 of the Acts of 1977 -
delayed pending establishment or denial of a lien, if
proceedings are initiated within thirty days-
not create
It 'should be noted that this statute does
a separate obligation to pay. The lien would be
collectible
only to the extent that the insrotects theured or tcompanygagee afrom
entitled to collect. The Act pmortgagee or other interested
F ParbYlfor amountsity to. the oPaid to awner or city or town and appears to
protect the company as well from liability to the city
or town for amounts not paid under this section.
to
Pa ent to Munici al.ities on losses over $5 , 000
two , three or four
Realt other than owner-occuaicd one , 2 also creates
family dwellings) , The Act in Section that before paying
Section 97A in Chapter--175 which providesto
loss which is both (1) over three
and (Z) mi
a building
. two, three or four family
other than an,owner-occunied one, domiciled, the insurer
in which the insured is a Municipal Lien Building
dwelling , produce
specify the date of the
must require the insured to p t must be at
Certificate. The statutes does lot
i
Municipal Lien Certificate but p If the Municipal .
monies are due to the
least as of the date of the fire or later• for better-
,Y
indicates that any assessments
the company must pay the amount due
city or town for etcl estate the amount so paid
ments or sewers, town and deduct e or other
directly to the city or ,
or for you to be aware that a
from any amounts due to the owner or mortgagelly contain the
persons. It is imp
Lien Certificate may occasionaamounts due. This
MunicipalI coithout�aming any
notation Tax Title uir should be made into
entry would mean that city or town yFailure e° pay
osesathe
the amount due to the Y
city or town on obligation under Section 97A p
company to a double payment, just like failure to pay a
named mortgagee• s 14 and 15 to Mass.
Section 3 of the Act adds ClauseThese clauses
Cha ter 175 , Section 99 . or on the
Gen. Laws , p to state in
essentially require the companyhave set forth
Y requirements we I
Standard Fire Polic the
y endorsement will
above. Pre:;umably a standard amendatory
shortly be issued. provisions
4 of the Act provides that these p I
Section January 1,
apply only to policies issued or renewed effective I
1978 . - -- - i
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of 'Salm,
' ,25varb of Appwl NOY j 23 NH '19
SALEM. HASS.
NOVEMBER 14, 1979
DECISION ON THE PETITION OF NONDAS AND ADAMANTIA LAGONAKIS CONCERNING PROPERTY
LOCATED AT 30 FAIRVIEw 'ROAD IN AN R-1 DISTRICT,
A hearing on this petition was held on November 14, 1979 with the following Board
Members present: James Boulger, Jr„ Chairman; Douglas Hopper; John Nutting; Joseph
Piemonte; and Edward Luzinski. Notice of the hearing was sent to abutters and-others
and a notice of the hearing was published in the Salem Evening News on 0ctober. 312
and November 7, 1979 in accordance with Massachusetts General Laws, Chapter 40A.
The petitioner is seeking a variance to construct a one-story brick and wood
addition and open sundeck which will leave a side yard of 416" at one point and a
rear yard of 27'6". Atty. George Vallis represented the petitioners before the
Board. He stated this property is much higher than the abutting property and with
the addition there will be close to 50 feet building to building, The area is
solid ledge and no. one could ever build there. He stated that the petitioners
have had 2 additional children since moving into this house, he has his mother
and father-in-law living with him, and one of them is in a wheelchair and they
wish to install a bathroom in the lower level of. the addition, the roof of which
will be a sun deck.
The petitioner submitted plans of the proposed addition. Mrs. Alice Connelly,
8 Fairview Road, an immediate abutter appeared in favor. There was no opposition.
. The Board voted unanimously to grant the variance for the proposed addition, with
a 4'6 set back from the east lot line and a 27'0"setback from the Connelly
property. line. The Board found that it could grant the variance due to the
hardship of the petitioner and that the granting would not derogate from the
intent of the Salem Zoning Ordinance.
VARIANCE GRANTED
. .APPEAL FROM T41S CEC i- ! IF A,!Y SHALL BE +PC° PURSUANT TO SECTION V OF THE MASS, -
GENERAL LA:;S, CHAPTER 863. A:ID Si 1!L OZ Flog VI:TH!N 20 CAPS AF-.ZR THE DATE OF Fi LING
OF THIS DECIS!Cij IN THC :;FFi;•E OF THE CIT( CLERK. _ -
PURSANT TO MASS. GE" RAI t l :p l THE V1° 4�C OR SP CA` PERMIT
-
GRANTED HEREIN. SHALL F � 1 E E " 7 ��i:L A r 'i c -
FICAT@N OF THE CITY CLERS i!iAY vj it-a SF ` I T4` CERT- - -
t t
` CR THAT,1F SUCH P.'7 APPEAL HAS � F. ..!cb�` - 4A, N FILED, ' (.K/ .�CL/1/ /KC .�,p�/
RECORDED IN THE SCUTH ESSEX REGISTP,Y CF GEEi r,- k O - 10-D ZR L°-:00 IS -
Douglas Hopper k
. D :Dti T- _ na,:E OF THE OY{NER
OF RECORD OR IS RECORDED AND NOTEO ON ,HE ONNER'S CERTIFILi„E OF TITLE. $
Actin Secretary
BOARD OF APPEAL - . .. -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.