20 HIGHLAND AVENUE - BUILDING INSPECTION X20 Highland Ave. ;
Of t'�ttlrtn, Iaiwar4usetts
Public PrnpertV i9epnrtment
tiguilbing Department
(Oar t3slrm Green
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer May 20 , 1996
Paul M. Claveau
20 Highland Avenue
Salem, Mass . 01970
RE : 20 Highland Avenue
Dear Mr. Claveau:
I have received the opinion of the City of Salem
Solicitor ( copy enclosed) . The City Solicitor addresses
continued ownership in his letter.
After discussing the issue with the City Solicitor we
have come to a mutual agreement that condition #6 of the
Salem Board of Appeal of February 22, 1989 would have to
be maintained or the new owner would have to revert the
property to a two ( 2 ) family dwelling or appear at the
Board of Appeals for a Variance from parking to have the
property continued as a three (3) family dwelling. Or
provide parking on a lot commonly owned by him within four
hundred feet ( 4001 ) of the building intended to be served.
If you have any questions on this issue please do not
hesitate to call .
Sincer ly
2� �✓
Leo E. Trembaly,
Zoning Enforcement Officer
LET: scm
cc: Robert LeDoux
Councillor Flynn, Ward 2
�..(oNDIT
�v
13 gj
CITY OF SALEM • MASSACHUSETTS
ROBERT A. LEDOU% Legal Department LEONARD F.FEMINO
City Solicitor 93 Washington Street Awistwt City Solicitor
506,745,369 Salem, Massachusetts 01970 So&GY.Im
May 17, 1996
Mr. Leo Tremblay
Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
RE 20 Highland Avenue
Dear Mr. Tremblay:
You have requested that I give you my opinion in connection
with the above caption. My opinion is as follows :
As I understand it the owner of the property at 20 Highland
Avenue, Salem, Massachusetts requested a variance so as to allow
the building at 20 Highland Avenue to be used as a three family.
The Board of Appeals granted the permit subject to the maintenance
of six parking spaces on the lot . The decision by the Board of
Appeals also stated that in the event 24 Highland Avenue ceased to
be in common ownership with 20 Highland Avenue then the variance
was no longer valid and that it would revert to two family status .
The Massachusetts Zoning Manual states that in paragraph
10 . 51, Chap 48 , §10 of the Zoning Act explicitly prohibits the
conditioning of variances on ownership . An ownership could be
conditioned on maintenance of parking spaces, but not on continued
ownership.
A variance based upon continued ownership of property by a
particular person is improper because the hardship necessary to
issue the variance must be unique to the land or building and not
merely to an individual .
I hope that this is sufficient explanation. If you have any
questions please do not hesitate to contact me.
Very truly yours,
ROBERT A. LEDOUX
RAL/leh
Chi of Sairm, fttssarhusetts 3
s J3DttrD of c1D}>ettl fiLEii
DECISION ON THE PETITION OF PAUL M. CLAVEAU FOR VARIANCE
AT •20 HIGHLAND AVE. (R-3)
A hearing on this petition was held February 22, 1989 with the following Board
Members present: James M. Fleming, Chairman; Richard Bencal, 'dice Chairman;
Edward Luzinski, Associate Members Labrecque and Dore. Notice of the hearing
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.
Petitioner, owner of the property, is seeking variances from density and parking
to allow a two family dwelling to be converted to a three family in this R-3 Zone.
The Variance 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 petitioner;
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.
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 . No support or opposition was voiced for the plan;
2. Petitioner has owned the property for approximately six (o) years
and said property had been owned by his family prior to that time;
3. Parking may be provided on a lot in close proximity;
4. No exterior changes are planned;
5. The are in question is zoned for three family use.
On the basis of the above findings of fact, and on the evidence Presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally;
2. Literal enforcement of the ordinance would work a substantial hardship
on the petitioner;
3. The relief requested can 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 PE---TION OF PAUL M. CLAVEAU FOR A VARIANCE
AT 20 HIGHLAND AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
_ relief requested, subject to the following conditions:
1 . The use of a three family shall be valid only as long as the
property remains owner occupied;
2. A certificate of occupancy for the third unit be obtained;
3. All construction be done as per all existing city and state building codes;
4. Petitioner must meet all requirements of the Salem Fire Dept. relative
to smoke and fire safety;
5. No exterior changes shall be made to the building with regards to
this petition;
6. Petitioner must maintain six (6) legal parking spaces at the lot shown
as 24 Highland Ave. on the plans. Should 24 Highland Ave. cease to be in
common ownership with the lot 20 Highland Ave. the variance for a three (3)
family shall cease and the property at #20 Highland Ave. shall revert back
to a two (2) family dwelling.
• VARIANCE GRANTED
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLER.
APPEAL FROM THIS DECISION. I' AIIY. SHALL DE MADE PURSUANT TO SECTION 17 OF T!19 .
GENERAL LAWS. CHAPTER 3C3. AND SHALL DE FILED WITHIN 20 DAYS AFTER THE CATE CF F.. . .
CF T:IIS DECIS:DN IN THE ::FF!CE LF THE CITY CLERK.
^._'r:-RAL l?. ;S. ',:;!P—,ER 309. SECTION 11. THE VARIANCE OP. 97'''
HEREIN. SHALL N:1. 13LE EFFECT UNTIL A COPY OF THEOEC'S!CN.
F:C.1711;1 cF NiE CIiY "'"Rn (HAT 20 UAYS.HAVE ELSPSE7 :.NO N! APPEAL H.:7
,R T: '.T. Ir' SUCH AN APPEAL HAS UEEN FILE. THAT IT HAS CEEN OIS:.:;SEED C3 _-.., _
REC9nDED 1.1 THE SJUTH ESSEX REGISTRY OF DEEDS AND INDEXED UFDER THE f
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
•
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a i�rr
CITY OF SALEM • MASSACHUSETTS
ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO
City solicitor 93 Washington Street Assistant city solicitor
soea<saW Salem, Massachusetts 01970 508-221-1990
May 17, 1996
Mr. Leo Tremblay
Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
RE 20 Highland Avenue
Dear Mr. Tremblay:
You have requested that I give you my opinion in connection
with the above caption. My opinion is as follows :
As I understand it the owner of the property at 20 Highland
Avenue, Salem, Massachusetts requested a variance so as to allow
the building at 20 Highland Avenue to be used as a three family.
The Board of Appeals granted the permit subject to the maintenance
of six parking spaces on the lot . The decision by the Board of
Appeals also stated that in the event 24 Highland Avenue ceased to
be in common ownership with 20 Highland Avenue then the variance
was no longer valid and that it would revert to two family status .
The Massachusetts Zoning Manual states that in paragraph
10 . 51, Chap 48, X10 of the Zoning Act explicitly prohibits the
conditioning of variances on ownership. An ownership could be
conditioned on maintenance of parking spaces, but not on continued
ownership.
A variance based upon continued ownership of property by a
particular person is improper because the hardship necessary to
issue the variance must be unique to the land or building and not
merely to an individual .
I hope that this is sufficient explanation. If you have any
questions please do not hesitate to contact me.
Very truly yours,
ROBERT A. LEDOUX
RAL/leh
Ctu of lt�ttlem, Ittusttr4usetts
Ilub it 11rapertg Department
+Nudbing department
(One Belem (tureen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
April 25 , 1996
Robert LeDoux
City Solicitor
Salem, Mass . 01970
RE : 20 Highland Avenue
Dear Mr . LeDoux:
Would you please peruse the enclosed letter received
from John R. Keilty, Counselor at Law.
I would appreciate your legal opinion on this matter,
and more important, if you agree with Counselor Keilty my
question to you would be, what is the legal procedure in
making the proper corrections to the conditions .
Thank you in advance for your anticipated quick
response in this matter .
Sincerely,
Leo E . Tremblay
Inspector of Buildings
LET: scm
cc : John R. Keilty
JOHN R. KEILTY, COUNSELOR AT LAW
40 LOWELL STREET TELEPHONE (508) 531-7900
PEABODY, MA 01960 FACSIMILE (508) 531-2479
April 18, 1996
City of Salem
Building Inspectors Office
One Salem Green
Salem, MA 01970
Attn: Leo Trombley
RE: 20 HIGHLAND AVENUE, SALEM, MA
Dear Mr. Trombley:
I represent Paul Claveau with respect to issues relating to the current
condition of the property referenced above which is owned by Paul Claveau.
I submit to you for your ready reference a decision of the City of Salem Board
of Appeals. I particularly ask you to note special condition number 1 . . . "The use
of a three family shall be valid only as long as the property remains owner
occupied", and special condition number 6. . . " Petitioner must maintain six (6) legal
parking spaces at the lot shown as 24 Highland Ave. on the plans. Should 24
Highland Ave. cease to be in common ownership with the lot 20 Highland Ave. the
variance for a three (3) family shall cease and the property at # 20 Highland Ave.
shall revert back to a two (2) family dwelling."
I would like to point out to the Building department that conditions relating
to ownership are explicitly prohibited within M.G.L. Chapter 40A Section 10. The
Legislature in enacting the statute noted that " The practice of some local Boards of
Appeals to condition the grant of a variance on the continued ownership of the
property by a particular person" is improper because the hardship necessary to
issue the variance "must be unique to the land and building and not merely to an
individual". M.H.R. 6200, 1973 sess. @ 20. see also Huntington vs. Zoning Board
of Appeals of Hadly 12 Mass App. Ct. 710.
Mr. Leo Trombley
April 18, 1996
Page 2
My client intends to continue to utilize the premises as a three family and will
market the property for sale as a three family consistent with the provisions of
M.G.L. Chapter 40A Section 10.
Please note that the parking referenced in the Decision will continue to be
available for use with the occupancy of 20 Highland Avenue.
Very truly yours,
oh /,Keit s u e
JRK/mis
Enclosure
}
y CCU of �ttiem, Aussachusetts 11A
�t
Boarb of Aogeal
v
DECISION ON THE PETITION OF PAUL M. CLAVEAU FOR VARIANCE
AT -20 HIGHLAND AVE. (R-3)
A hearing on this petition was held February %=, 1989 with the following Boar
Members present: James M. Fleming, Chairman; Richard Bencal, Vice Chairman;
Edward Luzinski, Associate Members Labrecaue and Dore. Notice of the hearir
was sent to abutters and others and notices of the hearing were properly publ
in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, owner of the property, is seeking variances from density and park
to allow a two family dwelling to be converted to a three family in this R-3
The Variance .which have been requested may be _granted upon a finding of the
Board that:
a. special conditions and circumstances exist :which especially affect the la
building or structure involved and which are not generally affecting othe
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would invol
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the publ
good and without nullifying or substantially derogating from the intent o
the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at
hearing, and after viewing the plans, makes the following findings of fact:
1 . No support or opposition was voiced for the plan;
2. Petitioner has owned the property for approximately six (6) years
and said property had been owned by his family prior to that time;
3. Parking may be provided on a lot in close proximity;
4. No exterior changes are planned;
5. The are in question is zoned for three family use.
On the basis of the above findings of fact, and on the evidence presented, th-
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally;
2. Literal enforcement of the ordinance would work a substantial hardship
on the petitioner;
3. The relief requested can 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 PETIT!--N OF PAUL M. CLAVEAU FOR A VARIANCE
AT 20 HIGHLAND AVE. . . ALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . The use of a three family shall be valid only as long as the
property remains cwner occupied;
2. A certificate of cccupancy for the third unit be obtained;
3. All construction to done as per all existing city and state building cod(
4. Petitioner must meet all requirements of the Salem Fire Dept. relative
to smoke and, fire safety;
5. No exterior changes shall be made to the building with regards to
this petition;
6. Petitioner must maintain six (6) legal parking spaces at the lot shown
as 24 Highland Ave. on the plans. Should 24 Highland Ave. cease to be it
common ownership with the lot 20 Highland Ave. the variance for a three (
family shall cease and the property at #20 Highland Ave. shall revert bac
to a two (2) family dwelling.
VARIANCE GRANTED
Richard A. Bencai, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY C
APPEAL FF=:: THIS CECISION. IS ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE r' .
GENERAL LAWS. cH%PEER ECB. A!i0 SHALL BE FILED WITHIN 20 DAYS AFTER THE CATE CF f.. .,
CF T'HS "=.!S;ON IN iH_ Cii!CE i:i THE CITY CLERK.
• -_ ._):'LR:Y! �a i,. ';iOPTER BDR. SECTION 11. THE YASIANCE OR "_P°^'•
cEBECi. SHALL N•;. Til:,E EFFECT UNTIL A COPY OF THE ECY!';fi. I' .
F:u.JI N ZF THE C:TY Cl.'Rii rHAT 20 DAYS.HA`JE ELAPSED :YJ N9 0FEAL H43 .:.
_R f:..,'. .. >°CII AN A'P'PEAL HAS SEE:•I FILE. THAT IT HAS CEEN J!i:.:icor? -I
RECSnJED I., THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE ;JA: E .-
OF RECORD OR IS RECORDED AND MCI) ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
of *Jrm, 49assar4ugrits 'BAR d 3 c5 r'ti 'ale
f
33uttra of �ufrPnl
DECISION-ON--THEwPETITION OF PAUL M. CLAVEAU FOR VARIANCE
AT ,20 HIGHLAND AVE. (R!3)
A hearing on this petition was held February 22, 1989 with the. following Board
Members present: James M. Fleming, Chairman; Richard Bencal, Vice Chairman;
Edward Luzinski, Associate Members Labrecque and Dore. Notice of the hearing
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.
Petitioner, owner of the property, is seeking variances from density and parking
to allow a, two family dwelling to be converted to a three family in this R-3 Zone.
The Variance 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 petitioner;
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.
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 . No support or opposition was voiced for the plan;
2. Petitioner has owned the property for approximately six (6) years
and said property had been owned by his family prior to that time;
3. Parking may be provided on a lot in close proximity;
4. No exterior changes are planned;
5. The are in question is zoned for three family use.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally;
2. Literal enforcement of the ordinance would work a substantial hardship
on the petitioner;
3. The relief requested can 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 PAUL M. CLAVEAU FOR A VARIANCE
AT 20 HIGHLAND AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . The use of a three family shall be valid only as long as the
property remains owner occupied;
2. A certificate of occupancy for the third unit be obtained;
3. All construction be done as per all existing city and state building codes;
4. Petitioner must meet all requirements of the Salem Fire Dept. relative
to smoke and fire safety;
5. No exterior changes shall be made to the building with regards to
this petition;
6. Petitioner must maintain six (6) legal parking spaces at the lot shown
as 24 Highland Ave. on the plans. Should 24 Highland Ave. cease to be in
common ownership with the lot 20 Highland Ave. the variance for a three (3)
family shall cease and the property at #20 Highland Ave. shall revert back
to a two (2) family dwelling.
VARIANCE GRANTED
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, I' ANY, SHALL BE MADE PURSUANT TO SECTION 11 OF THE
GENERAL LAWS. CHPPTER EC8, A.iD SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE GF i._. ..
CF T:HS DE-IS;ON IN THE '.ii FICE CF THE CIN CLERK.
rJ:,SG .. =.SS. ^_!d'-RAT I' G. ';VPTER 808. SECTION 11. THE VARIANCE OR :T
ED HfREN. SHALL N::. ',.",..E EFFECT UNTIL A COPY OF THE OEC!S!I;:i, "• T':'
F:u,Ni ;N IF IHL, 0Y CLLR:( THAT 20 DAYSHAVEELAPSED ANJ N0 APPEAL HAS `.;_...
.:R T.ii.T. IF S'dC!I AN APPEAL HAS UEEN FILE, THAT IT HAS CEEN D!S:.:iS'7ED '"R
REC;iRJED I:i THE S6UTH ESSEX REGISTRY OF DEEDS AND INDEXED G:IOEB TH: RAGE
OF RECORD OR IS RECORDED AND NOTED ON THE GONER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Citp of balm Baoncbus etto
Public Prupertp department
�pn;„gn 13uilbing Department
One balem Oreen
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 13, 1990
Mr. Paul Cleaveau
20 Highland Avenue
Salem, MA. 01970
RE: ;C20 Highland Avenue,
Dear Mr. Cleaveau:
In regards to the gas inspection on the flue piping at the above referenced
property, the plumber, Dominic Furtado has increased the size of the flue piping
to include existing water heating flue pipe. As per the Gas Code, Section 7.64,
Mass. Gas Code.
If I may be of any further assistance with this matter, please contact me at
this office.
Sincerely,
Dinnis Ross
Plumbing & Gas Inspector
�P Citp of harem, Baggacbugettg
a+l ro Public Propertp iDepartment
' Nuilbing department
(One *stem Oreen
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 5, 1990
Mr. Paul Cleaveau
20 Highland Avenue
Salem, MA. 01970
RE: 20 Highland Avenue
Dear Mr. Cleaveau:
In regard to the gas inspection on the flue piping at the above referenced
property, the plumber, Dominic Shtado had to increase the size of the flue
piping to include existing water heating flue pipe. As per the Gas Code, Sec-
tion 7.64, Mass. Gas Code.
If I may be of any further assistance with this matter, please contact me
at this office.
Sincerely,
Dennis Ross
Plumbing & Gas Inspector