54 FORRESTER STREET - BUILDING INSPECTION 54 FORRESTER STREET
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CITY OF SALEM - MASSACHUSETTS
KEVIN T.DALY Legal Department LEONARD F. FEMINO
City Solicitor 93 Washington Street Assistant City Solicitor
508-745-0500 Salem,Massachusetts 01970 508-921-1990
March 20, 1990
Mr, James D. Santo
Assistant Building Inspector y
City of Salem -< ca -
ry
One Salem Green "= w C
Salem, MA 01970 4 n ��
A Rt I Q
RE :+ -54' Forrester Street , 'Sa:lem, MassachusettsLj
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A S M
Dear Mr , Santo :
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Please be advised that I have examined various documentation
relative to the use of 54 Forrester Street as a six-family dwelling.
I have examined copies of census records dating back to 1953 as well as
affidavits and photographs of the property in question.
Based on my review of this documentation, it is my .opinion that
thisdwellingwas a lawful six-family residence prior to the adoption
of the City ' s Zoning Ordinance in 1965 . It is my opinion that this
dwelling should be afforded the protection of Section VIII ( E) of the
aforementioned ordinance relative to non-conforming uses and this
dwelling ' s current use as a six-family unit is permissible.
Thank you for your attention to this matter.
Very truly yours ,
KEVIN T. DALY
CITY SOLICITOR
KTD/rmj
CC : Mrs . Karen A. MacCormick
Citp of eba(em, ;ffino bugettg
AM(ie Propertp Mepartment
"d�mnau�' NuitDing Mepartment
One Opalem green
745-9595 ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 19 , 1990
Kevin Daly, Esq.
City Solicitor
City of Salem
RE: 54 Forrester St. (R-2)
Dear Mr. Daly:
Will you kindly peruse the enclosed information relative
to the status of 54 Forrester St. to determine if it is a legal
six (6) family dwelling. The property is located in an R-2 zone.
A quick response by you would be greatly appreciated by Ms. Karen
MacCormack as she faces medical problems associated with her
pregnancy.
Thank you very much for your kind attention in this matter.
Sincerely,
James D. Santo
Assistant Building Inspector
JDS:bms
Enclosures
March 19, 1990
Mr. Santo Hand Delivered
Building Inspectors Office -
City of Salem CITY Er
One Salem Green-2nd Floor
Dear Mr. Santo:
RE: Building Permit - 54 Forrester St., Salem
Legal 6 Family Dwelling
As you requested I am providing the following documentation as evidence
that the property located at 54 Forrester St., Salem Mass, has been a 6
family dwelling dating back to 1957.
A) City of Salem, Engineering Department Insurance Map indicating that
54 Forrester St., Salem was a building with 3 flats on each side of
a fire wall - Total 6 Flats in Building. This map is dated 1957
and is certified by Richard A. Lis, Asst. City Engineer.
B) Voters Lists from the City Clerks office of Salem, Mass. for the
years 1953, 1956 and 1959. In all cases 6 families were residing
at the subject location. (Note: It appears that two Chmielski
families were in two units)
C) Affidavit from previous owner, Nicholas G. Villa, that he conferred
with prior owners and abutters and they informed him that the use
of the premises as a 6-family dwelling has been continuous since at
least 1948.
In addition, I am enclosing a photo of the subject building which
indicates that the building was always 6 flats and not a conversion of a
2-family.
The Essex Institute (744-3390) Eugenia Fountain, stated that the Polk's
Salem Directory dating back to 1959 listed 5 occupants with different
last names and different telephone numbers as well. Chmielski was the
owner and it appears that two Chmielski families resided in two of the
units.
Our contractor, Mr. Jarret, was scheduled to begin construction today,
and estimated that the work would take a month to be completed. We must
vacate the unit during construction. We are expecting our first child in
June and concerned about a possible delay due to the building permit
being issued. I would appreciate a quick response and will provide any
additional information or legwork necessary to expedite the issuance of
the Building Permit.
Thank you for your assistance.
Cordially,
ar
�
n A. Mac Cormack
AFFIDAVIT
Now comes NICHOLAS G. VILLA who first being duly
sworn does depose and say as follows:
1. I am the current owner of the premises known as
Unit 4 , The Forrester Place Condominium, 54
Forrester Street, Salem, Massachusetts (the
"Unit") ;
2 . That the unit is one of 6 units at 54 Forrester
Street, Salem, Massachusetts ;
3 . That I purchased the land and buildings at 54
Forrester Street, Salem, Massachusetts (the
"premises") on - moi yG
4 . That the premises was used as a 6 family
dwelling at the time of my purchase;
5. That I have had various inspections done by City
of Salem Inspection Services during the period
of my ownership;
6 . That no complaint or notice of communication has
been received by me from City Inspection
services or any other department, board,
committee or agency indicating any kind of a
zoning violation, especially as it may relate to
the number of legal units or dwellings permitted
on the premises ;
7 . That I have conferred with prior owners and
abutters and they have informed me that the use
of the premises as a 6 unit dwelling has been
continuous since at least
8 . That to the best of my knowledge and belief the
unit and the premises constitute a legal non
conforming use consistent with the current laws
and zoning ordinances of the City of Salem.
Nicholas G. Villa _ ,.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss: July 3 , 1987
Sworn to and subscribed before me by Nicholas G.
Villa.
Carl K. Toumayan
Notary Public
My Commission Expires:
December 18, 1992
lor 50i/Cv1129r7 10
GLFiCe
February 23, 1990
I
To Whom it may concern:
Karen A. Mac Cormack, who resides at 54 Forrester Street, Unit 4, Salem,
Mass. is under my care in all matters relating to her pregnancy. Ms. Mac
Cormack is expecting a child in mid—June 1990.
I have been advised of an insurance loss at her Forrester Street condo
due to extensive water damage from the unit above. Repairs to her
dwelling include removal and replacement of ceilings, walls and floors in
the bathroom, kitchen and dining room.
Ms. Mac Cormack has been advised to make alternative living arrangements
due to the health risks to her and her baby resulting from construction
dust, debris and fumes. It is not recommended that she return to her
residence until construction is complete.
Cordially,
Dolores M. Enspk, M.D.
39 Cross Street Building
Peabody, MA 01960
(508) 531-7414
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DATE OF PERMIT PERMIT No. OWNER LOCATION
5/24/ 1897 I 122 I JOHN MCREOUGH I 54 Forrester Street R-2
STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES WARD COST
DWELLING 25'X25' 2 I 2 12 $ 1 ,200.00
BUILDER
Owner
113/ 18/88 COPIED ALL INFO FROM ORIGINAL CARD"
(/26/81 1117 Repair fire damage to bedroom, kitchen and small sec it ion of roof.
(owner Arthur Russell)
12/23/84 #64 REmodel two bathrooms, renew some plaster ceilings for (2) apts.
10/6/86 11837 Reroof, est . cost $6,000. fee $20.00 (Owner Nicholas G. Villa)
. I
DATE OF PERMIT PERMIT No. OWNER LOCATION
5/24/ 1897 I 122 JOHN MCREOUGH 54 Forrester Street R-2
STRUCTURE MATERIAL DIMENSIONS No. Of STORIES No.OF FAMILIES WARD COST
DWELLING 25'X25 ' 2 ��Q 2 I 2 $ 1 ,200.00
BUILDER
Owner
IVl"M,
"3/ 18/88 COPIED ALL INFO FROM ORIGINAL CARD"
I '
1/26/81 1117 Repair fire damage to bedroom, kitchen and small secition of roof. i
(owner Arthur Russell) j
12/23/84 664 REmodel two bathrooms, renew some plaster ceilings for (2) apts. i
10/6/86 11837 Reroof, est . cost $6,000. fee $20.00 (Owner Nicholas G. Villa) 1!
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AFFIDAVIT
Now comes NICHOLAS G. VILLA who first being duly
sworn does depose and say as follows:
1. I am the current owner of the premises known as
Unit 4 , The Forrester place Condominium, 54
Forrester Street, Salem, Massachusetts (the
"Unit") ;
2 . That the unit is one of 6 units at 54 Forrester
Street, Salem, Massachusetts;
3 . That I purchased the land and buildings at 54
Forrester Street, Salem, Massachusetts (the
"premises") on � X77 f 'isG
4 . That the premises was used as a 6 family
dwelling at the time of my purchase;
5. That I have had various inspections done by City
of Salem Inspection Services during the period
of my ownership;
6. That no complaint or notice of communication has
been received by me from City Inspection
Services or any other department, board,
committee or agency indicating any kind of a
zoning violation, especially as it may relate to
the number of legal units or dwellings permitted
on the premises;
7 . That I have conferred with prior owners and
abutters and they have informed me that the use
of the premises as a 6 unit dwelling has been
continuous since at least r9 4/ Z' 10
8. That to the best of my knowledge and belief the
unit and the premises constitute a legal non
conforming use consistent with the current laws
and zoning ordinances of the City of Salem.
, j
Nicholas G. Villa �-�« -
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