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90 HIGHLAND AVENUE - BUILDING INSPECTION 90'Highland, Ave. ci Clll__ l-_Jl tut � No. 153L-2 HASTINGS. MN 'LOS ANGELES-CHiCAGO.LOGAN.ON MCGREGOR.TX-LOCUST GROVE.GA U.S.A. CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 NASMNG'I'ON$'TREE"I'* $AL[M,MA55AQ-I1LISEI-f5 01970 TF.L:978-745-9595 ♦ FAX:978-740-9846 November 8, 2010 Mr. David Guthro Guthro Law Office 35 Essex Street Melrose, ma 02176 RE:Zoning Opinion for property 90 Highland Avenue, Salem Dear Mr. Guthro According to our records, A Special Permit was granted in July of 2007 to allow this building to be used as professional offices on the ground floor and a single residential unit above. This decision remains in effect for subsequent owners of the property to legally use the property as described in your letter of October 28, 2010. Sincerel , Thomas E. McGrath Assistant Building Inspector for Thomas St. Pierre Buildin Commissioner and Zoning Officer c: file,F' e Prevention GUTHRO LAW OFFICE 35 Essex Street Melrose, MA 02176 David E. Guthro , Telephone: 781-662-0065 . Marybeth Guthro Facsimile: 781-665-9444 Email: guthrolaw@aol.Com Of Counsel Jane Eden October 28, 2010 ' Mr. Thomas J. St. Pierre Building Commissioner City of Salem ' City Hall 93 Washington St. . . Salem, MA 01970, Dear Mr. St. Pierre: RE:: 90 Highland Ave.,.Salem This office represents Dr. and Mrs. George Milowe who are in the process of purchasing 90 Highland Avenue in Salem. They plan to live in the building and also to have their medical office building on the first floor. I am asking if that would be a,permitted use of the building under the terms of the-zoning ordinances fdr the City of Salem. -Could you please advise at your early convenience. Thank you for your consideration. V ly yours avid E. o GUTHRO,LA OFF `DEG:hlw , .'; CITY OF SALEMMASSACHUSE:TTS BOARD OF APPEAL 120 WASHINGTON STREET, 3w, FLOOR SALEM, MASSACHUSETTS O1 970 TELEPHONE: 978-745-9595 FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR July 10, 2007 Decision rri Petition of Claudia Chuber and Michael A. McLaughlin Requesting a Special Permit-%r the Property at 90 Highland Avenue City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on June 20, 2007 pursuant to Massachusetts General Laws Ch. 40A, §§ 9 and 11 and the City of Salem Zoning Ordinance. The following members of the Salem Zoning Board of Appeals ("Zoning Board of Appeals") were present: Robin Stein (chairperson), Elizabeth Debski,Richard Dionne and Steve Pinto. The petitioners, Claudia Chuber and Michael A. McLaughlin ("petitioners"), sought a special permit to allow professional use of real property located at 90 Highland Avenue, Salem, located within a multifamily residential (R-3) zoning district. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted, submits the following findings of fact: 1. Petitioners property is located within a multifamily residential (R-3) zoning district. 2. Petitioners currently operate their mortgage company (McLaughlin Financial, Inc.) on the first floor of the property at 90 Highland Avenue. The upper level of 90 Highland Avenue consists of two residential dwelling units that the petitioners lease. 3. Prior to the purchase of 90 Highland Avenue by the petitioners, the property was used as a single-family dwelling and immediately prior to that the property was used as medical offices. 4. Petitioners are seeking a special permit to allow for professional use at 90 Highland Avenue that is not limited to medical use. 5. Petitioners property has 6 parking spaces within the property lines, as well as, v I I parking spaces in front. 6. Petitioners property abuts other commercial properties. 7. Ms. Stein read two letters into the record in support of the petition. The letters were from Ralph Sweetland of Salem Orthopedics and Anne Stephenson of Stephenson & Brook. 8. A previously granted special permit allows the property to be used for medical offices. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to the petition, the Zoning Board of Appeals concludes as follows: I. The petitioners' request for a special permit does not constitute substantial detriment to the public good as the first floor at 90 Highland Avenue was previously used for medical offices. Nor does the relief nullify or substantially derogate from the intent or purpose of the zoning ordinance, as other commercial buildings abut the petitioner's property. 2. In permitting such change,the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, four(4) members (Stein, Debski, Dionne and Pinto) of the Salem Zoning Board of Appeals voted to grant the petitioners' request for a special permit, and zero (0)members voted to deny the petitioners' request for a special permit, subject to the following terms, conditions, and safeguards: I. Petitioners shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioners shall obtain a building permit regarding any construction. 5. Exterior finishes of any new construction shall be in harmony with the existing structure. 6. A certificate of occupancy shall be obtained. 7. If necessary, petitioners shall obtain proper street numbering from the City tl d of Salem Assessor's Office and shall display said number as to be visible from the street. 8. Petitioners are to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 9. The first floor of 90 Highland Avenue shall be limited to professional office use and the second floor shall be limited to residential use. - (�4 &� Robin Stein Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Cite of *afem, f amwbue;eto Public Propertp Mcpartment 3guilbing Department One $+alem Pareen (978) 745-9595 text. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 28, 2000 Tom Rice 233 Green Street Marblehead, Ma. 01945 RE: 90 Highland Avenue Dear Mr. Rice: This letter is in response to your request as to the legal status of 90 Highland Avenue. Currently it is a two (2) family in an R-3 District. The property may be converted into a three- (3) family as a result of our research that proved this property met all density and parking regulations. In doing so, you will also need to meet all Massachusetts State health and building codes. Sincerely, ✓ GJ' , Peter Strout Zoning Enforcement Officer �''� 0 WUILUING OU" of $Ulem, Assadjuset s Biro 19rVartment lGle¢abqu�arf j �2 35 � Tames X. �lremian 4� �F[lH1JPfIP 3YtrPPt YY O� SAL",)ANSS• A46 RT OCCUPANCY INSPECTION RT Mr. Donald Gerag Director of General Services Name: Salem Hospital Date: October 5, 1978 ces Address: Re: 90 Highland Ave. SalemType of occupancy: Use Grp E As a result of an inspection this date of the premises, structure or real estate, owned,.loccupied or otherwise under your control= the following itemized report is submitted and shall serve as a "NOTICE OF VIOLATION" or "RECOMMENDATION" to comply with the Salem Fire Code, The General Laws of the Commonwealth of Massachusetts or Regulations made under authority of the above. These iters are listed at this time to inform all parties concerned that certain corrections are required of conditions that are or may become dangerous as afire hazard, or are in violation of law. In the interest of fire prevention, such action will be taken as the law requires, for failure to comply with the requirements for occupancy. Occupancy is not considered legal, until an occupancy permit has been issued -by the Salem Building Inspector. 1. Front and rear egress doors presently open inward. The Building Inspector shall make a determinationand inform this office of said determination, as to permission for continued use or if these doors shall be required to be changed to open in the direction of egress. 2. Emergency lighting shall be required in each stairway and common corridor area. Placement of said emergency lighting shall be deter- mined by the Salem Building Inspector. 3. The stairway to the third floor shall be provided with an approved door, which shall be kept locked at all times if the third floor is not to be certified for office occupancy. . 4. The door situated at the top of the basement stairway shall be provided with an approved solid core door, to prevent the spread of fire. 5. The two boilers presently situated in the basement shall be enclosed in a boiler-room enclosure , per SBC Section 1113, 1. Adequate make up air shall be provided and these burners and storage of fuel oil require permits. to be posted. Upon checking the file, I find only the Pickering burner, installed in 1949 has a record of permit being issued. A duplicate permit will be enclosed with this report for posting, on the Pickering unit. An application shall be made by a Certified Oil Burner Technician xMa11xmakxxXNp1ixxkaxx for a permit of the American Standard burner which presently has no permit. 6. One ten lb ABC Fire Extinguisher shall be provided within six feet' of each egress area, on each floor and one fire extinguisher shall be provided in the areaadjacent to the boiler room enclosure. This will be a requirement for a total of five fire extinguishers.. 7. A Form 8OA9 (Certificate of Approval) for carpeting and carpet padding will be required when any new material is placed in- service in stairs and halls. Res c fully- su mit ed, cc: Building Inspector p�' , Electrical Inspector Lt. David J. oggi alemFire Marshal � � t k s: ?�{ c SALEM HOSPITAL1� SALEM, MASSACHUSETTS Memo To: Mt. Don Geraghty, Dit. Geneka2 SeAvicft- From: At. Kenneth Thompson, Mgr., FacUitiea De Date: October:. 21, 1982 �F14 M4� Subject: PAopozed U.tif- zatZon;; 90'H.igh&nd Ave:j Second I'.2ooA Pease .be adv.i.aed that I met with the SaCem Bu.ieding InapectoA yesterday, with tegoAd to the utieiza.ti.on ob .the second btoor o6 the above mentioned space. He commented .that .ig we dea.ined to use .the .two rooms on the tight side, a secondary means o6 egress wouPd have to be provided. Th i.6 could be accompU,ahed by use ob a chain taddeA at one window pen xoom. Ib we wi.6hed to use the rooms on .the test .bide, no additi.onat woAk would be required, due to the back staiAweU being the secondary means ob egAeas. Shoued the Hospital 6inaCize plana on the above mentioned apace, I wiU _ obtain wwi tten appnovat bAom the prope,% author.i ties. Ptease adv.i,ae, shoutd you need any buxtheA .inbonmati,on. ompson, XT9,%7 ,cmc cc: J. Corbett, Dit. Ptant Ops/Fac Utes D. Maclntosh, Bui2d.ing Inap. , Saeem, Maas. 17663 ➢�' �1GiG4G�U/.�iG rXLCCGdd. �� JANE SWIFT Govemor fiaire 11"7-0660 ,aoaaz JAMES P.JAJUGA Vaioe onond 70 TDO Secretary —.sM(e.ma.uslaao JOSEPH S.LAW � �f�7�727066� Commissioner T'HOMAS P.HOPKINS Cireaor TO: Local Building Inspector Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: 90 Highland Avenue 90 Highland Avenue Salem Date: 12/3/2002 Enclosed please find the following material regarding the above location: _Application,for Variance _ZDecision of the Board _Notice of Hearing _Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board is reaching a decision in this case, you may call this office or you may submit comments in writing. JANE SWIFT O2/O7,,O /JJ Govemor WOyG!/%q dd/r /� 'GGIa�LA00444uv� 7 O-7C/7CJ �f / -0660 ,ak:eandTOO JAMES P.JAJUGA Voice and TOO Se ewry /s/- rww.SM(e.ma.uslaab JOSEPH S.LALU v ���7J72"�066<7 Commissioner HOMA$P.HCPKIN$ NOTICE OF ACTION Oireccr RE: 90 Highland Avenue, 90 Highland Avenue Salem 1. A request for a variance was filed with the Board by Michael McLaughlin & (Applicant) on November 5,2002 The applicant has requested variances from the following sections of the19 96 Rules and Regulations of the Board: Section: Description: 30.7.2 The centerline of the water closet shall be located 18"inches from the nearest wall and at least 42" inches from the farthest side wall of the closest edge of an adjacent fixture. 2. The application was heard by the Board as an incoming case on Monday, December 2,2002 . 3. After reviewing all materials submitted to the Board,the Board voted as follows: GRANT:the variance to Section 30.7.2 for the reason that compliance has been proven to be impractical in this case, and on the condition that the measurements of 14" on the nearest wall measurement and 38" inches on the farthest wall shall be provided. NOTE: If the work being performed is reconstruction, renovation, addition, or alteration, compliance with this decision must be achieved by completion of the project and prior to final approval by the building department. Otherwise, if the work being performed is new construction, compliance with this decision must be achieved prior to the issuance of an occupancy permit. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received,the above decision becomes a final decision and the appeal process is through Superior Court. Date: December 3, 2002 ARCHITECTURAL ACCESS BOARD cc: . Local Building Inspector Local Disability Commission Independent Living Center Chairpe do