6 HARRINGTON COURT - BUILDING JACKET I 6 Harrington Court
Tity of �#tt1Em, Aassttr4usPtts
Public Propertg Department
iluilbing Department
fte Salem Green
50B-7t5-9595 t-xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 7 , 1995
Timothy Malik
46 Jersey Street
Marblehead, Mass . 01945
RE : 6 Harrington Court
Dear Mr . Malik:
It has been determined by this office and the City of
Salem Solicitor ' s Office, that the property located at 6
Harrington Court is a legal grandfather two ( 2 ) family
dwelling, and has two separate means of egress out of
each unit .
If this office can be of any further assistance,
please do not hesitate to call .
Sincerely,
G-Q7
Leo E . Tremblay ;'
Zoning Enforcement Officer
LET: scm
cc: Robert LeDoux, Solicitor
Peter Caron, Assessor
Councillor Harvey, Ward 2
CONNT
CITY OF SALEM • MASSACHUSETTS
ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO
City solicitor 93 Washington Street Assistant city solicitor
W 745,M Salem, Massachusetts 01970 508s2ta9e0
June 1, 1995
Leo Tremblay, Building Inspector
One Salem Green
Salem, Massachusetts 01970
Dear Leo:
You have asked me to give an opinion on property located at 6 Harrington Court,
Salem. My opinion follows.
I have reviewed a letter from Peter M.'Caron, Chairman of the Board of Assessors
for the City of Salem. His letter indicates that for as long:as there have been records,that
is 1973, this was assessed as a,two-family house.- I 'realize that the Board of Assessors
carrying this building as a two-family does not bindand'is not determinative of its zoning
status.
There is a letter that indicates that Mass Electric had meters involved as early as
1956 in both apartments.
I have an affidavit from George A. Lucy who lives at 5 Harrington Court, stating
that it had been occupied as a two-family prior to 1964.
This issue seems to fall in the purview of Chapter 40A, Section 6, which states that
you have to commence an action against someone who is violating the zoning by-law
within six years of the date of the issuance of the building permit or within ten years of
the commencement of the construction. In this instance, I think there is no question that
this construction had taken place over thirty years ago.
The only case that I found that would.appear to coincide with the instant case, is
that of Lord v. Zoning Board of Appeal; 1991, 50 Mass. App. 226. 'At first blush, it'would
`appear that this case and our case are one and the same. There is a difference, however,
and that difference relates to the fact that the house in the Lord case was trying to be
grandfathered as a two-family in a one-family zone. In our case, we have a two-family
within a two-family zone.
Leo Tremblay, Building Inspector
June 1, 1995
Page Two
Having reviewed all the data as noted above, it is my opinion that the house located
at 6 Harrington Court was and is a legal two-family.
Very trul yours,
�1V _
ROBERT A. LEDOUX
RAL/lcm
Titg of 3tt1Pm, Mas sttr4usetts
Public Prapertg i9epartment
'Suilbing Department
One #stem (6reen
5118-7.15-9595 Lxt. 3411
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 18 , 1995
Robert LeDoux
City Solicitor
Salem, Mass . 01970
RE : 6 Harrington Court
Dear Mr . LeDoux:
Would you please peruse the enclosed information to
see if you can legally grant said property to be a legal
grandfathered two ( 2 ) family dwelling.
Please notify me of your determination as soon as
possible .
Sincerely,
Leo E . Tremblay
Inspector of Bu- dings
LET: scm
46 Jersey Street
Marblehead, MA 01945
May 18, 1995
Leo E. Tremblay
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
City of Salem
1 Salem Green
Salem,MA 01970
RE Grandfathered 2-Family Certificate of Occupancy
for 6 Harrington Court, Salem, MA
Dear Mr. Tremblay:
My research on 6 Harrington Court all points to the fact that this property was designed and
occupied as a 2-family residence prior to 1964. 1 have enclosed the following documents to support this
conclusion:
1. A letter from Massachusetts Electric attesting to the fact that separate meters
were installed in 1956.
2. Affidavits from George and Pamela Lussier,neighbors of 6 Harrington Court,that
The property was a 2-family residence prior to 1964.
3. A letter from Peter M.Caron,Chairman of the Salem Board of Assessors,that
the property has been assessed as a two family for as long as records are
available(1973).
Your kind review of this matter, I believe,should yield the same result that I have reached;that 6
Harrington Court should be issued a grandfathered 2-family certificate of occupancy.
Thank you for your help in this matter.
Sincerely,
mothy J. Malik
rAY-15—'S5 MON 16:15 :?x:"1855 CUST,SUC TEL N0:617-322-3596 #321 P02
I
i
Massachusetts
C r Mossachusens Electric Company
M
{ assachusetts Electric 170 Medford Street
A New England Electric System company Molden, Massochuseus 02148.7384Telephone: (617) 388-5000
i
May 15, 1995
i
Timothy Malik
46 Jersey Street
Marblehead,MA 01945
RE: 6 Harrington Court i
Salem,MA 01970
i
To Whom It May Concern:
i
Our records indicate there have been two meters located at the above referenced address as
follows:
—Floor Number Year Installed
Apt. l 1956
Apt. 2 1956
i
We hope this information will be helpful
I
Sin y,
MAS S 5 CTRIC COMPAN?I
i
Chris
ustom�Service Department
CC/tad
AFFIDAVIT
TO WHOM IT MAY CONERN:
I, George A.Lussier, have lived at 5 Harrington Court, Salem, MA, for over 32 years,.as I do
today. As long as I have lived at 5 Harrington Court,6 Harrington Court,which is directly across the
street from my house,has been occupied as a two family residence including prior to I9g4l'L
_ C
Executed as a Sealed Instrument this iL3day of May, 1995.
Ge A. Lussier
Witness: CLyr�?" `s' ti
Name: �,4n+e�4 r+el/�
Witness:
COMMONWEALTH OF MASSACHUSETTS)
)ss.
COUNTY OF ESSEX )
On this�day of May, in the year 1995,before me, a Notary Public,
personally appeared George A. Lussier,personally known to me,to be the person who
executed the whithin instrument, and acknowldged to me that he executed the same
as his free act and deed.
WITNESS my hand and official seal.
Notary Public in
and for said Commonwealth
My commission expires:
AFFIDAVIT
TO WHOM IT MAY CONERN:
1, Pamela Lussier, have lived at 5 Harrington Court, Salem, MA,for over 32 years, as I do today.
As long as I have lived at 5 Harrington Court,6 Harrington Court,which is direly across the street from
my house, has been occupied as a two familyesidence including prior to I6Nwi-
Executed as a Sealed Instrument this /Jday of May, 1995.
Pamela Lussier
Witness:
Name: C-�ot(� ✓st E�
COMMONWEALTH OF MASSACHUSETTS)
)ss.
COUNTY OF ESSEX )
On this 17 day of May, in the year 1995,before me,a Notary Public,
personally appeared Pamela Lussier, personally known to me,to be the person who
executed the whithin instrument, and acknowldged to me that she executed the same
as her free act and deed.
WITNESS my hand and official seal.
Notary Public in
and for said Commonwealth
My commission expires:
C0ND1T
v6� Q's . BOARD of ASSESSORS
g � 93 WASHINGTON STREET,CITY HALL, SALEM, MASSACHUSETTS 01970-3595
i (508)745-9595 Ext. 261
�s vim.fi
(508) 744-2069 Fax
May 12, 1995
To whom it may concern:
Please be advised that the property located at 6 Harrington Court (Assessors Parcel #26-0570)
has been assessed by this office as a two-family house since 1973. The Board did not maintain
records on dwelling units prior to this date.
Very trUly,,ypurs,
'1 M. Caro
Chairman
0'
MICHAEL E. O'BRIEN '� LEONARD F. FEMINO
CITY SOLICITOR ''L9 ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET °1q^j1P93 WASHINGTON STREET
and and
81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY
SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915
745.4311 745.4311
744.3383 921.1990
Please Reply to 81 Washington Street Please Reply to One Broadway
May 2, 1989
William H. Munroe
Inspector of Buildings
One Salem Green _
Salem, MA 01970
RE: 6 Harrington Court
Dear Mr. Munroe:
On the basis of the information submitted to me regarding
the above property it is my opinion that this is a legal two
family dwelling and should be afforded the protection of Section
VIII(E) of the City of Salem Zoning Ord
ina
nce.
y
ichael B
rien
City Solicitor
.-r
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