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4 JEFFERSON AVENUE - BUILDING INSPECTION AW \� �' I f .. r � o CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93Washington Street Assistant City Solicitor 81 Washington Street SlMassachusetts 01970 15 Church Street Salem,Tel:978-741.3888 Tel:978-744-8500 Fax:978-741-8110 Fax:978-744-0111 February 19, 1998 Leo E. Tremblay, Zoning Enforcement Officer One Salem Green Salem, Massachusetts 01970 RE: 4 Jefferson Avenue, Salem Dear Inspector Tremblay: Per your written request, I have reviewed the above captioned matter to determine whether or not it is required to conform with Section 7-18 (Site Plan Review) of the City of Salem Zoning Ordinance. My answer: If the Board of Appeals determines the new "altered" structure is not substantially more detrimental to the neighborhood than the previous structure then the project can proceed without further review. As you know, I have previously determined that the proposed use of 4 Jefferson Avenue for ministorage is a permitted use in the Industrial District. It is my understanding that the new owners do not intend to increase the footprint of or substantially change the structure itself. As a preexisting nonconforming structure, the issue arises as whether it must comply with the Salem Zoning Ordinance(specifically the Site Plan Review) or if the State Zoning Act (Chapter 40A, Section 6) exempts it from such scrutiny? The Zoning Act provides in pertinent part: Preexisting nonconforming structures or uses may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. (emphasis added) Although the italicized portion of the statute does not explicitly state nonconforming structure, it has been interpreted to include structure as well. It is one of those rare instances in which the court overcame its reluctance to supply a word or words which were not employed by the Legislature in order to render a statute intelligible and so Page Two of Two February 19, 1998 Building Inspector Tremblay RE: 4 Jefferson Avenue effectuate its obvious intent. See Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 514 N.E. 2d 369 (1987)(copy attached hereto). Thus the statute should read, "shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood." Id. Thus, although the use is permitted, we must ask if the work being performed at 4 Jefferson Avenue (a preexisting nonconforming structure) rises to the level of alterations. The project of converting the former open floor plan of Thermal Circuits into individualized/compartmentalized storage facilities, in my opinion, constitutes an alteration within the purview of Section 6 of the Zoning Act. The work includes carpeting the open floor space, painting the inside of the building and most importantly installing the numerous compartments, albeit movable, for storage. See Nichols v. Bd of Zoning Appeal of Cambridge, 26 Mass. App. Ct. 631, 530 N.E. 2d 1257 (1988)(dealing with a nonconforming residential garage being altered for the permitted use of a home office)(copy attached hereto). Indeed, our Zoning Ordinance is similar to the state statute requiring such review for the alteration of a preexisting nonconforming structure. See ARTICLE VIII(Nonconformity), Sec 8-1(b). Provided, however, and notwithstanding any other provisions of this ordinance to the contrary, an existing nonconforming building or use may be altered or enlarged in that use, subject to the granting of a permit therefor by the board of appeals as provided in section 9-4 herein. Thus, the sole and limited issue to be determined by the Board of Appeals is whether the alterations to this nonconforming structure are substantially more detrimental to the neighborhood than was the preexisting Thermal Circuits structure. This narrow standard suggests that the Board may be limited in imposing conditions to those that would ensure that it is not substantially more detrimental (i.e. traffic, noise, health and safety issues). Once/if the Board determines it is not substantially more detrimental than the prior structure, then the project ought to be afforded the preexisting nonconforming protections of Chapter 40A, Section 6 and not be required to undergo site plan review(Section 7-18). I hope the foregoing has been helpful. If you have any further questions on this matter, please do not hesitate to contact me. Very truly yours, WILLIAM J JNDREGAN WJL/amc Enclosure Citp of &atem, fUag5acbu!5ettg 1 Public Propertp Mepartment 3guilbing Mepartment One 6alem green (978) 745-9595 text. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 25, 2002 Tremendous Realty Trust 59 Park Street Beverly, Ma. 01915 RE: 4 Jefferson Avenue Dear Owners: This department has received complaints about the grass between the sidewalk and the curbs around the perimeter of your building. Please be advised, the owner of the property is responsible to maintain this area. Please take the necessary stops to address this complaint(City Ordinance38-19). Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Lovely Cite of Salem, f is.5gacbu5ettg t � Public Propertp Mepartment Wuilbing Mepartment One 2+alem Oreen (978) 745-9595 (Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 25, 2002 Tremendous Realty Trust 59 Park Street Beverly, Ma. 01915 RE: 4 Jefferson Avenue Dear Owners: This department has received complaints about the grass between the sidewalk and the curbs around the perimeter of your building. Please be advised, the owner of the property is responsible to maintain this area. Please take the necessary stops to address this complaint (City Ordinance38-19). Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Lovely Cftp of '&alem' '41ag5SaCbU.5ett5 ,t_ t Vubli[ Propertp Mepartment Jguilbing iDepartment One$&stem Oreen (978) 7459595 Cxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 30 , 1998 William J . Lundregan 81 Washington Street Salem, Mass . 01970 RE : 4 Jefferson Avenue Dear Mr . Lundregan: I have been requested by a construction firm to determine if a mini storage facility was a permitted use at 4 Jefferson Avenue which is located in an Industrial District . After reviewing the permitted uses in the Industrial district, I felt that a mini storage complex was not an allowed use , and felt he would be required to file to the City of Salem Board of Appeals to have such a use allowed . I am requesting a finding from you on whether you feel that the mini storage complex is an allowed use in an industrial district per City of Salem Zoning Ordinance . If you wish to discuss this matter with me in further detail , please do not hesitate to call . Thank you in advance for your anticipated cooperation in this matter . Sincerely, r1 Leo E . Tremblay Zoning Enforceme Officer LET: scm cc : John Keenan , Assistant Solicitor Tit J of 0airm In the year one thousand nine hundred and Ninety Four Aft (10rhiniam to amend an ordinance relative to Zoning Be it ordained by the City Council of the City of Salem, as follows: Jarman I. The zoning map of the City of Salem approved on August 27, 1965 , as amended, is hereby further amended by changing the following described area in Ward three from a Residential District (R2) to an Industrial District ( I) A certain triangular piece or parcel of land with the buildings thereon situated in Salem in the County of Essex and Commonwealth of Massachusetts, known as and numbered 4 Jefferson Avenue, bounded and described as follows : SOUTHEASTERLY by Jefferson Avenue, three hundred eight and five tenths (306 .5) feet: SOUTHWESTERLY by Winthrop Street, one hundred eighty-five and four tenths ( 185 .4) feet; and NORTHERLY by Margin Street, three hundred twelve and sixty four hundredths (312 . 64) feet. said parcel containing twenty-seven thousand four hundred seventy (27 ,470) square feet. Section 2 . This Ordinance shall take effect as provided by the City Charter In City Council August 4 , 1994 Referred to the Planning Board to hold a Joint Public Hearing Public Hearing Held on September 29, 1994 (Advertised Sep. 15, & 22 , 1994) In City Council October 27 , 1994 Planning Board recommendation received and referred to the Committee on Community and Economic Development In City Council November 10, 1994 Adopted for first passage by a roll call vote of 10 yeas , 0 nays, and 1 absent Advertised for first passage on November 16, 1994 In City Council December 1 , 1994 Adopted for second and final passage by a unanimous hand vote Approved by the Mayor on December 6, 1994 Advertised for second passage on December 10, 1994 ATTEST: DEBORAH E. BURRINSHAW CITY CLERK Tiiu of Oatem In the year one thousand nine hundred and Ninety Four An (®rbinanrr to amend an Ordinance relative to Zoning Be it ordained by the City Council of the City of Salem, as follows: Arman 1. The zoning map of the City of Salem approved on August 27, 1965 , as amended, is hereby further amended by changing the following described area in Ward three from a Residential District (R2) to an Industrial District ( I ) A certain triangular piece or parcel of land with the buildings thereon situated in Salem in the County of Essex and Commonwealth of Massachusetts, known as and numbered 4 Jefferson Avenue, bounded and described as follows : SOUTHEASTERLY by Jefferson Avenue, three hundred eight and five tenths ( 308 .5) feet: SOUTHWESTERLY by Winthrop Street, one hundred eighty-five and four tenths ( 185 .4) feet; and NORTHERLY by Margin Street, three hundred twelve and sixty four hundredths (312 . 64) feet. said parcel containing twenty-seven thousand four hundred seventy (27 , 470) square feet. Section 2. This ordinance shall take effect as provided by the City Charter In City Council August 4 , 1994 Referred to the Planning Board to hold a Joint Public Hearing Public Hearing Held on September 29 , 1994 (Advertised Sep. 15, & 22 , 1994) In City Council October 27 , 1994 Planning Board recommendation received and referred to the Committee on Community and Economic Development In City Council November 10, 1994 Adopted for first passage by a roll call vote of 10 yeas, 0 nays, and 1 absent Advertised for first passage on November 16 , 1994 In City Council December 1 , 1994 Adopted for second and final passage by a unanimous hand vote Approved by the Mayor on December 6, 1994 Advertised for second passage on December 10, 1994 ATTEST: DEBORAH E. BURRINSHAW CITY CLERK r � 1 CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street SalemMassachusetts 01970 15 Church Street , Tel:978-741-3888 Tel:978-744-8500 Fax:978-741.8110 Fax:978-744-0111 February 3, 1998 Leo E. Tremblay, Zoning Enforcement Officer One Salem Green Salem, Massachusetts 01970 RE: 4 Jefferson Avenue, Salem Dear Inspector Tremblay: Per your written request, I have reviewed the above captioned matter to determine whether a"mini storage facility" is permissible at this location which is zoned as Industrial. It is my opinion that this is a permitted use in this district. Section 5-2(h) of the Salem Zoning Ordinance provides: I Districts. The following are permitted uses in the industrial district: All uses permitted in B-4 Districts, subject to all the provisions specified for such uses. Section 5-2(f) provides: B-4 Districts. The following are permitted uses in the wholesale and automotive business districts. (6) Warehousing. (12) Retail uses relating to the permitted uses in this subsection (f). My review of the Zoning Ordinance also reveals that mini storage facilities are not identified in either permitted uses in this zone or a prohibited use. (See Section 5-3(h)). As such, the rule of construction applied to zoning ordinances and bylaws is that the meanings of words used, but not defined in the ordinance or bylaw, are determined according to the common and approved usages of the language. (See e,g., Jackson v. Building Inspector of Brockton, 351 Mass. 472, 474 (1966)). The case law clearly provides that provisions in ordinances must be construed reasonably and given sensible meaning. (See Lindsay v. Board of Appeals of Milton, 362 Mass. 126 (1972)). t � Page Two of Two February 3, 1998 Inspector Tremblay RE: 4 Jefferson Avenue My review of both Black's Law Dictionary (0 Ed.) and Webster's Collegiate Dictionary (Ninth Ed.)provide similar definitions of warehouse—a structure or room for the storage of merchandise or commodities. Further, commodities are something useful or valuable. It is clear that in August 1965 when the Zoning Ordinance was first adopted that such "mini storage facilities" were not specifically identified. In my opinion, however, the provisions of the Zoning Ordinance that allow retail use associated with warehousing must be sensibly interpreted to encompass the"mini storage facility." Such use is essentially the retailing of warehouse space. For these reasons, it is my opinion that a mini storage facility is a permitted uses at 4 Jefferson Avenue in the Industrial Zone. Thank you for your attention to this matter. If you have any further questions on this matter, please do not hesitate to contact me. Very t yours, 00-11 WILLI UNDREGAN WJL/amc Titu of ealr i In the year one thousand nine hundred and Ninety Four ' An (frblua cr to amend an Ordinance relative to zoning Be it ordained by the City Council of the City of Salem, as follows: '*erttan I. The zoning map of the City of Salem approved on August 27, 1965 , as amended, is hereby further amended by changing the following described area in Ward three from a Residential District (R2) to an Industrial District ( I) A certain triangular piece o parce of land with the buildings thereon situated in Sale the County of Essex and Commonwealth of Massachusetts, known as and numbered 4 Jefferson Avenue, bounded and described as follows : SOUTHEASTERLY by Jefferson Avenue, three hundred eight and five tenths ( 308 .5) feet: SOUTHWESTERLY by Winthrop Street, one hundred eighty-five and four tenths ( 185 .4) feet; and NORTHERLY by Margin Street, three hundred twelve and sixty four hundredths ( 312 . 64) feet. said parcel containing twenty-seven thousand four hundred seventy (27 , 470) square feet. Section 2 . This Ordinance shall take effect as provided by the City Charter In City Council August 4 , 1994 Referred to the Planning Board to hold a Joint Public Hearing Public Hearing Held on September 29 , 1994 (Advertised Sep. 15, & 22 , 1994 ) In City Council October 27 , 1994 Planning Board recommendation received and referred to the Committee on Community and Economic Development In City Council November 10, 1994 Adopted for first passage by a roll call vote of 10 yeas , 0 nays, and 1 absent Advertised for first passage on November 16 , 1994 In City Council December 1 , 1994 Adopted for second and final passage by a unanimous hand vote Approved by the Mayor on December 6, 1994 Advertised for second passage on December 10, 1994 ATTEST: DEBORAH E. BURKINSHAW CITY CLERK