184 LAFAYETTE STREET - BUILDING INSPECTION Y {
:.. 184",AFAYETME� TRFETy+
... >�
��ONUIT��
BOARD of ASSESSORS
93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970-3595
(508) 745-9595 Ext. 261
s �4� (508) 744-9327 FAX
9�C/MINE O�C�'
October 17, 1997
Deborah E. Burkinshaw
City Clerk
City Hall
Salem MA 01970
Dear Miss Burkinshaw:
Please be advised that the new apartment unit created at 184 Lafayette Street (Parcel #34-
0045), whose entrance is located on the left side of the building when one faces the front
door, has been assigned the street number of-184 Rear Lafayette Street:
Very truly y/ r ,
'r
Peter M. Caron
Chairman
cc: Postmaster Joseph L. Leccese
Chief Robert Turner, Fire Dept.
Helen Jiadosz, Water Dept.
Leo Tremblay, Inspector of Buildings
Capt. Paul Murphy, Police Dept.
Raymond Fox, House Director, 64 Holten St. Danvers MA 01923
L
7
Y�
BV
-..=�cnv �r..=o rv.epnraaan V OR PERMANENTLY.ENC
ROA
.L
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
SPECIAL USE AND OCCUPANCY
converted into a place of assembly unless it Self preservation: Having the capability, both
complies with the provisions of 780 CMR 34 mentally and physically,to take action to preserve
applicable to places of assembly. one's own life. Specifically, to egress the building
within 1Y: minutes. (Reference inspection
780 CMR 4230 GROUP RESIDENCE procedures in 780 CMR 413.8 and 413.9.)
413.1 Scope: Ercepl as may otherwise be Egress: A continuous unobstructed path of travel
specifically provided for in 780 CMR 413.0 , the from any space in a building to the open air
requirements of 780 CMR in its entirety, and as outside at grade.
applicable,shall apply.
Principal means of egress: The primary choice of
423.1.1 Department oJMemal Retardation(DMR) two routes normally used by occupants to enter or
Group Homes., 780 CMR 423.0 shall not apply to leave a building.
premises operated or licensed by the Department
of Mental Retardation (DMR) pursuant to Escape route: To reduce the possibility of
115 CMR 7.00 and 8.00, upon the completion of entrapment in the event that the principal means
a DMR safety assessment for each individual and of egress is blocked by fire or smoke, an escape
an approved safety plan for each location where route shall be available which performs in
services and supports are provided Such accordance with 780 CMR 413.6 and 413.9. In
premises shall be treated as conventional R-4,R- an existing building where a second means of
3, R-1 and R-I use as applicable. egress is physically impractical from above grade
floors, any proven, usable path to the open air
413.1 Definition: A group residence is a premise outside at grade shall be deemed acceptable,
licensed by or operated by an agency of the including but not.limited to connecting doors.
Commonwealth of Massachusetts or subdivision porches;windows within six feet of grade,ramps,
thereof, as a special residence for those who are fire escapes, balcony evacuation systems,etc.
capable of self-preservation in the following Authorized inspectors: The state or local building
categories: official havingprrisdiction and a representative of
1, not more than 11 unrelated persons between the licensing or operating agency having
the ages ojseven and 15 years of age inclusive;or jurisdiction.
2. not more than 25 unrelated persons, 16 years
Room: See definition of 'Habitable space" and
ojage or over;or
3. a combination of 780 CMR 413.2 category 1 "Occupiable room"in 780 CMR 20/.0.
and 2 above consisting of not more than 18 423,3 Existing buildings: The requirements of
unrelated persons over seven years of age 780 CMR 423.0, shall also apply to existing
calculated at the rate of two such persons, or dwelling units which are to be converted to a
portion thereof,from Category 2 being equal to group residence and alternative requirements set
one such person in Category/all in accordance forth in 780 CMR 34 that conflict with the
with Table 413.2. requirements of 780 CMR 423.0 shall not apply.
Note: In determining the classification for 423.3.1 Height limitations:Existing buildings,
proposed use, group residence shall not be of Type SB construction, greater than 2%:
construed as being similar in anyway to a multi- stories, or 35 feet in height may be allowed to
family dwelling, two-family dwelling, boarding be used(as an exception to Table 503) as a
house,lodging house, dormitory,hotel,school or group residence.
institution of any kind For building code
purposes, it shall be treated as a single family 423.4 Plans and specifications:Plans shall be filed
residential building. with the building official having jurisdiction in
accordance with 780 CAM 1/0.0 for any building to
Table 423.2 be constructed as, or altered for use as, a group
Group Residence-Maximum Capacity, residence under 780 CMR 423.0. The floor plans
Combination of Categories shall show all rooms, spaces, closets, doors,
Category Number of Reiidena per Category corridors,windows, stairs and stairways, hazardous
Number vertical openings and the location of all required
Category 1 11 11 10 9 8 7 6 5 J 3 2 1=0 fire warning equipment and proposed fire
Category2 0 1 I 141 6 18 11011211311 15 16 17 25 suppression equipment.
Maximum total 12113114115116117118118118!18 18 18 25
413.5 Hazardous contents: Any contents which
represent a fire hazard greater than that which
423.2.1 Special definitions: For the purpose of could be expected of ordinary household
780 CMR 423.0, the Jollawing terms shall be defined fumishings, shall not be allowed. Storage shall not
exclusively for use with group residences: be allowed above the second floor.
217197 (Effective 2/28/97) 780 CMR-Sixth Edition 93
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
423.5.11nterior firnish:Only Class I and Class II temporary certificate of occupancy effective for
interior finish materials shall be allowed in the 90 days only.
principal means of egress. In refinishing any
other area, material having a Class III flame 413.8.1 Final certificate:Before issuance of the
spread rating shall be allowed provided it does final certificate of occupancy, the authorized
not decrease the existing rating. The smoke inspectors shall mutually conduct a lest (see
contribution rating of any material shall not 780 CMR 413.9.1) to ensure that the occupants
exceed 450(see 780 CMR 704.0). - are capable of self-preservation. Upon complete
satisfaction of all requirements, the building
423.5.1 Exception: In existing buildings, the official shall then issue a permanent certificate of
required flame spread or smoke development occupancy. -This test shall be conducted once a
clatsiflcation of interior surfaces may be obtained year in accordance with 780 CMR 106.5 for
by applying approved fire retardant paints or purposes of recertifying both the building and the
solutions to existing interior surfaces having a occupants.
higher flame spread rating than permitted
423.6 Egress: In existing buildings theresteal/be 423.9 Inspection procedure: The building and the
one means of egress and one escape route serving ° pan
ts capability ofself-preservation constitute
each floor, remote as possible from each other and a system of life safety which are unique for each
leading to grade. The stairway between the first and building and for each occupant in a group
- secondfloors, if unenclosed may remain unenclosed residence. Therefore, a simple direct test is
to preserve functional and aesthetic requirements. specified herein to determine the capability of the
In new construction, two means of egress are occupant and/or the suitability of the building as a
required in accordance with the One- and life safety system.
Two-Family Dwelling Code, and stairways above 423.9.1 Direct test/fire drill•Afire drill shall be
the grade floor shall be enclosed with one hour conducted as the direct test required by 780 CMR
frreresistive construction. 423.9. The building official may require that he
Exception: be present for the fire drill, or may accept an
1. Where the Group Residence is protected with affidavit signed by the residence manager citing
a fire suppression system according to NF/PA the names of the authorized inspectors present,
13D as listed in Appendix A or better only one the names of the occupants who participates{ the
means of egress shall be required from floors name(s)ofany occupants who failed to egress the
above the grade floor in existing buildings and building within 2%: minutes, the date, time and
new construction, place where said fire drill was held During the
2. Where the Group Residence is protected with conduct of the drill, all staff personnel of the
a fire suppression system according to NF1PA group residence shall isolate themselves from the
13D as listed in Appendix A or better the occupants. The authorized inspector(s), when
enclosure of stairways is not required present, shall then cause to be blocked any one
point in an egress route where the choice of an
423.7 Fire protection systems alternate route is possible, to simulate a
423.7.1 Hazardous vertical openings.Openings hazardous condition, and the internal alarm
to such spaces as laundry chutes, dumbwaiters, system shall be activated for 2%:minutes.
heatingplenums or combustible concealed spaces 413.9.2 Evaluation: Any occupant who jails to
shall be permanently blocked with one hour escape from the building and achieve egress
construction, as regulated by the provisions of outside the building at ground level within the 2!12
780 CMR 7. minute period shall not be permitted to remain
423.7.2 Automatic fire warning systems: An living in the residence.
approved automatic fire warning system shall be Note: The occupant or the building may be at
provided in accordance with 780 CMR 7. fault; therefore, the system has failed to
perform adequately to provide life safety and
423.8 Inspections: There shall be three mandatory is, consequently, unacceptable for that
types of inspections as described below. The results occupant.
ofsuch inspections shall be on file in the office of the 4239.3 Other tests:Other tests are not necessary
building official with copies sent to the licensing or and shall not be required by the building official.
operating agency on a prepared checklist and signed it shall be the responsibility of the residence
by the authorized inspectors. manager o the group residence to
8 .f %r P provide
423.8.1 Temporary certificate: The building immediate suitable accommodations elsewhere
official shall perform plan review and for any occupant deemed unacceptable by the
Post-construction inspection to ensure that the building official Each occupant must be certified
building con forms to 780 CMR He shall issue a at regular intervals but not less than every
quarter at the group residence by the licensing or
94 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97)
,.peu¢l4
KEVIN T. DALY LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR �� _,,�- 'V? ASSISTANT CITY SOLICITOR -
93 WASHINGTON STREET ��uR`�'.'"�
93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM, MA 01970 BEVERLY, MA 01915
745-4311 CITY SOLICITOR 745-4311
745-0500 93 WASHINGTON STREET 9211990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM, MA 01970
745-4311
744-3363
PLEASE REPLY TO SI WASHINGTON STREET n
_1 f�
July 6, 1988 J _
William H. Munroe, Building Inspector
City of Salem N;
One Salem Green
Salem, Massachusetts 01970
Re: 176 Marlborouah Road, Salem, MA
Dear Mr. Munroe:
Please be advised that Mr. Gerald L. McCarthy of the North Shore Association
for Retarded Citizens, Inc. has presented me with a copy of their Articles of
Organization and Tax Exemption Letter. I had requested these documents to deter-
mine if they are exempt under G.L. c. 40A Section 3 from our zoning ordinance.
As you are aware, Massachusetts General Laws Chapter 40A Section 3 provides
in part as follows:
"No zoning ordinance or by-law shall regulate or restrict . . .
the use of land or structures for religious purposes on land
owned or leased by the Commonwealth or any of its agencies,
subdivisions or bodies politic or by a religious sect or
denomination or by a non-profit, educational corporation ."
Whether or not a facility may be found to serve an educational purpose, so as
to qualify for exemption from the operation of our zoning ordinance, is to be
determined by the facts of each individual case.
In the instant case, the Articles of Organization indicate the Corporation
was formed on February 16, 1956 under Massachusetts General Laws c. 180 as a
charitable corporation. One of its purposes as enumerated in the Articles of
Organization is to provide for mentally retarded childrens' "suitable educational
programs."
r .:a
William H. Munroe, Building Inspector
July 6, 1988 J�i
Page 2
CITY C.-
Based
.Based upon the corporation's public service objectives and its tax exempt
status, it is my opinion that it is the type of entity that the legislature
intended to exempt from the restriction of our zoning ordinance. I believe this
opinion to be supported by numerous opinions of our Supreme Judicial Court and
Appeals Court.
However, it should be noted that the property in question is subject to
density regulations as mandated by the same ordinance as well as all state and
local code requirements.
If you desire additional information, please feel free to contact me.
ry truly your ,
' MICHAEL E. O BRIEN, City So itor
�
MEO:jm
cc: City Clerk
Gerald L. McCarthy
Councillor Leonard O'Leary
of �ttlpm, & assar4jjsiffls
��s�;;;�'T? �litlatlt� �P;7FLTtmPY[�
Richard T. McIntosh
One Salem Green
745-U213 July 27, 1981
North Shore Association of Retarded Citizens, Inc.
184 Lafayette Street
Salem,. MA 01970
RE: 184 Lafayette Street
Allowable uses
To whom it may concern:
It has come to the attention of this Department that
you are conducting some sort of commercial operation
at the above address.
You may be in violation of the Zoning Ordinance as
regards use of structure, use of land, installation
of signs with no permit.
Please contact this office as regards your proposed
use of the property located at 184 Lafayette Street.
Very truly yours,
Richard T. McIntosh
Zoning Enforcement Officer
RTM:dmm
cc: Robert J. Leblan5 Jr.
Y
y am. o.au�� �itg of '�ttlrm, &fassarhusQfis
Richard I. McIntosh
One Salem Green
745-ll213 September 8,1981
Councillor Robert LeBlanc,Jr
Ward Five Re: 184 Lafayette St - Use
Dear Councillor:
As you requested I investigated the use of the above referenced
property. Enclosed is the pertinent information I have on file.
It appears that the use is allowed as defined in the copy of
Public Law 40A.
Please contact me if I can be of any further assistance.
Very truly yours,
Richard I. McIntosh
RTM:mo's Zoning Enforcement Officer
Encl
�i
.NORTH :;:iok` ;ITAGE ASSOCIATES, INC.
252 Jefferson Avenue
Salem, MA 01970 '
744-1225
February 24, 1981
p.
RE: 184 'Lafayette Street
Salem, u.A 3'
Bill Goldberg ry
Barbara Goldberg Real Estate
301 Cabot Street
Beverly, MA 01915
Dear Mr. Goldberg:
As you requested, I am writing to state the result of our meeting with the
Salem Building Inspector in regard to any potential problems with our intended us,�
of the property at 184 Lafayette Street, Salem, We met Al Budesky, one of the
Building Inspectors, at the property on Thursday. February 12, 1981, He toured
the house with us and generally inspected it in terms of our planned occupancy.
He reported, verbally, to both of us that he could see no problems with our planne`
use of the property, We will not need a variance of any kind because of our state
as an "educational organization" and the use is for "educational purposes"_ He w9
in fact, very impressed with many features of the building, such as the number of'`
doors that lead to the outside.
*.
be
?deedless to say, we are greatly relieved by the Inspector's decision in
this regard as we are anxious to purchase the property and move in. As you know,
we are all extremely happy with the prospect of this site as the new home of our
Association. It is such a beautiful building and will lend itself so well to our=`
activities.
I hope this provides the information you requested, if 1 can be of further .
assistance please let me know.
Sincerely,
'
s / f
Gerard L. McCarthy
Executive, Director
GLM/jk
,
k;.
F
S
R .
ZONING 40A § 3
or town and accepted by it for park or open space use, or be conveyed
to a nonprofit organization, the principal purpose of which is the con-
servation of open space, or be conveyed to a corporation or trust
owned or to be owned by the owners of lots or residential units within
the land.
Added by St.1975,c.808,§3.
- Cross References
Definition of cluster development, see § 9 of this chapter.
Issuance of special permits, see § 9 of this chapter. -
Law Review Commentaries
•'Takings^ without compensation.. J.
Owen Todd (1976) 20 Boston Bar J. No..
5,P.17.
Library References
Zoning c=503. Comments.
C.J.S.Zoning 1276 et seq. - Cluster zoning, see M.P.S. vol. 28, -
Park, § 627.
Special permits, see M.P.S. vol. 18,
. - - Hardy, § 383.
Notes of Declslons - ----- _
I. Conditions
Conditioning special permit for apart. at all times asserted his Intention o
proceeding simultaneously with con-
ment development on requirement that structlon and legal proceedings to test
development owner dispose of solid validity of certain conditions attached
waste from building at his own expense to special permit and board of aldermen -
did not deny development owner equal allowed construction and occupancy of
protection, but owner was merely the apartments while legal proceedings were
first to be affected by new policy for -
dealing with waste removal from npart• pending, holder permit was not
- ment buildingsl
or developments. Mid- barred from obtaining relief from condl
1 dlesex & Boston SL Ry. Co. v. Board of [Ions on grounds of waiver or estoppel.
t
Aldermen of Newton (19771) 359 N.E.2d Id.
1279,371 Mass.849. Board of aldermen, acting in Its ca-
pecity as special permit authority, could
Members of board of aldermen were _
nnot condition special permit for apart-
not liable for damages,resulting from
ment development on requirement that.
Imposition of invalid condition on spe- development owner lease several units
vial permit, absent evidence that they to city housing authority at reduced
acted In bad faith, maliciously, or cor. rent for use by authority In connection
ruptly. Id. with federally subsidized leased housing
Where holder of special permit for program for low-income and elderly per-
construction of apartment development sons. Id.
§ 3. Subjects which zoning may not regulate; exemptions; public
hearings; temporary mobile home residences
No zoning ordinance or by-law shall regulate or restrict the use
Of materials or methods of construction of structures regulated by the
state building code, nor shall any such ordinance or by-law prohibit,
unreasonably regulate or require a special permit for the use of land
for the primary purpose of agriculture, horticulture or floriculture,
15
40A § 3 CITIES, TOWNS AND DISTRICTS
nor shall they prohibit or unreasonably regulate the expansion or re-
construction of existing structures thereon for the primary purpose of
agriculture, horticulture or floriculture, except that all such activities
j may be limited to parcels of more than five acres in areas not zoned
for agriculture, horticulture or floriculture. For such purposes land
divided by a public or private way or a waterway shall be construed
as one parcel. No zoning ordinance or by-law shall exempt land or
structures from flood plain or wetlands regulations established pur-
suant to general law. .
No zoning ordinance or by-law shall regulate or restrict the in-
terior area of a single family residential building nor shall any such
ordinance or by-law prohibit, regulate or restrict the use of land or
structures for religious purposes or for educational purposes on land
owned or leased by the commonwealth or any of its agencies, su ivi-
sions or bodies politic or by a religious sect or enomma ion, or
a nonprofit educational corporation; provided, however, that such
land or structures may be su JecfTo reasonable regulations concern-
ing the bulk and height of structures and determining yard sizes, lot
area, setbacks, open space, parking and building coverage require-
ments. Lands or structures used, or to be used by a public service
corporation may be exempted in particular respects from the opera-
tion of a zoning ordinance or by-law if, upon petition of the corpora-
tion, the department of public utilities shall, after notice given pursu-
ant to section eleven and public hearing in the town or city, determine
the exemptions required and find that the present or proposed use of
the land or structure is reasonably necessary for the convenience or
welfare of the public; provided however, that if lands or structures
used or to be used by a public service corporation are located in more
than one municipality such lands or structures may be exempted in
particular respects from the operation of any zoning ordinance or by-
law if, upon petition of the corporation, the department of public utili-
ties shall after notice to all affected communities and public hearing
111 in one of said municipalities, determine the exemptions required and
find that the present or proposed use of the land or structure is rea-
sonably necessary for the convenience or welfare of the public.
_ No provision of a zoning ordinance or by-law shall be valid which
sets apart districts by any boundary line which may be changed with-
out adoption of an amendment to the zoning ordinance or by-law.
No zoning ordinance or by-law shall prohibit the owner and occu-
pier of a residence which has been destroyed by fire or other natural
! holocaust from placing a mobile home on the site of such residence
and residing in such home for a period not to exceed twelve months
while the residence is being rebuilt. Any such mobile home shall be
subject to the provisions of the state sanitary code.
Added by St.1975,c.808, § 3. Amended by St.1977,c.860.
16
i�
X41.
ZONING 40A § 3
m perform Its various Public functions. 2 of former c. 40A, subse uentl Note 310
Id.
Prohibiting by-law limiting y enacted -
309. Religious or educational for.sectarian g, use of land
purposes, torne educnttonal purposes. At.
exemptions—In general T General v, Inbabitants of Town
former cor urses a application of g 2 of of
1Docer (1951) 100 \.E.2d 1, 327 Mass.
40AI exempting from operation
of Zoning ordi 111esu e
any educational o tZ— s r °r 310. public purpose, religious or
ter ucation. is broadand educational purposes, ex.
hen r, Inco vmP compre- empflons
°pin and rel- Evidence, In suit claiming Phy g training mental, moral or emption for facility devoted homego education t
° aC0 'es. u in i and Improvement of emotionally dis.
br es an s sen..
all; terms "educa on an r ° them__ bed children, supported finding
---
tion" are no mu us e a 1 1ta- Operations of facility that
no y exclusIv u_ture• that 1 were of public ec.
une ions so tctiact that in undertakings and obJec•
de ermiaing a tires were not Commercial P icP 1Cp a t ' S _of sta[u v ercial in character
esemption unt18�-former _ __ and not motivated for
fact would bar °' 40A•Ther oY any group. Personal profit of '
relative
ire to quantify them to zoninand that facility was entitled
to each other. Harbor Schools, g was
under former c. i
I°C• v Board of APPeals of Haverhill 40A. Harbor Schools, Inc. v.
f19i 7) 366.N.E2d 764,-- Appeal of Haverhill 1977 Board of
)lass.App. 764,—3 f Haverhill
( ) 366 XE.2d
Fact that facility which "'as devoted pp
to education and improvement of emo- Use of buildingIn
tlonally disturbed residence tru zone, '
children provided 1n which commercial use of structures
1[ve-in acrnmmodations and was con. -as Prohibited,
fined to emOtionali and individuals in�art ofhpaintin ing of groups
did not rend er its y disturbed children lag, and baking g' glaz"
tional,'• Purpose less "edaca� . g ceramics• resulting in
for purposes of appiicabilitl' -, realization of a slight profit, did not - ---
provision of former c. 40A exempting serve a "public
from zoning ordinancesformer c. 40A Purpose within g 2 of
cation'] nature which facilities of edu- nonce w Providing that no ordi-
pose. Id. - served Public par- which prohibits or limits use of - -
land for any educational purpose which
Whether or notfacility mnv is public sball be valid, and owners
to serve dsbe found were operating private enterprise and
Is • a•y educational purpose which were not entitled to benefits of g 2 of
so as to qualify former c. 90A. City of Chicopee v. 7ak.
for exemption
c.40A Is to ordinances ubOwski (196.4) 202 N.E.2d 913•
under
by application of well-established prindetermined Mass. 230. 343
Pies which have been applied under Under g 2 of former c.
other statutes or legal rules to deter- Invalid anyance ohj •40A making
mine whether limiting use of lend for church ornother
Other Purpose p of educational or
Inn Operation
is public or private as religious purpose or for any educational
Shown In operation re institutions and
benefits Purpose, whether 'public," religious, see-
conferred thereby. Id, tartan, or denominational,
ZoningPurpose" of Institute, whicheducational
Posed bylaw
P tthirollw6°e would
hold
pro- Profit corporation for teaching of princl-
multi ur ose
''OrPoration which.was building °f pies o[ science Of accounting, was --pubOrder port of religious lis". City of Worcester v, -
as
Ihoseslmposeddimeun nal requirements Institute 8 New England School Of l Ac.
faapplimily dwellings was indetached
alid 1'e sof rials counting'Inc. (1956) 140 N.E.2d 470, 3,3,5
ft
former
to Corporation, under 1 2 of
former C. 40A. Holy Cross of Mass, V. Exemption, which .was contained in g
Town of Brookline (196}) 196 N.E.2d 2 of former a 40A, making invalid any
2 347 Sloss. 456. ordinance prohibltln -
A Zoningland for g °r limiting use oC
land by-law prohibiting use of whether any educationlical Purpose,
or buildings in residential district tonal' religious• sectarian.fOr sectarian educational denominational, w be
confined or -
C1me invalid upon the tali g effect o[_ ould not be rnnflned
tt publicly supported or maintained In-
g sti[utIons or to"public schools." Id.
85
NORTH i,HORL 1TAGE ASSOCIATES , INC.
i.
252 Jefferson Avenue
Salem, MA 01970
744-1225
February 24, 1981
RE: 184 Lafayette Street
Salem, MA
Bill Goldberg
Barbara Goldberg Real Estate f•
301 Cabot Street
Beverly, MA 01915
Dear Mr. Goldberg:
As you requested, I am writing to state the result of our meeting with the ' y
Salem Building Inspector in regard to any potential problems with our intended us. '-
of
s. `of the property at 184 Lafayette Street, Salem, We met Al Budesky, one of the A.
Building Inspectors , at the property on Thursday, February 12, 1981, He toured
the house with us and generally inspected it in terms of our planned occupancy.
He reported, verbally, to both of us that he could see no problems with our planate
use of the property, We will not need a variance of any kind because of our state
as an "educational organization" and the use is for "educational purposes"- He w
in fact, very impressed with many features of the building, such as the number of
doors that lead to the outside.
Needless to say, we are greatly relieved by the Inspector's decision in
this regard as we are anxious to purchase the property and move in. As you know,`
we are all extremely happy with the prospect of this site as the new home of our
Association, It is such a beautiful building and will lend itself so well to our.
activities.
I hope this provides the information you requested, if I can be of further
assistance please let me know. Y
Sincerely,
Gerard L. McCarthy
Executive. Director
is
GLM/jk ,
ZONING 40A § 3
or town and accepted by it for park or open space use, or be conveyed
to a nonprofit organization, the principal purpose of which is the con-
servation of open space, or be conveyed to a corporation or trust
gowned or to be owned by the owners of lots or residential units within
i the land.
p Added by St.1975,c.808, §3.
3
- Cross References
f
Definition of cluster development, see § 9 of this chapter. i
Issuance of special permits, see 19 of this chapter.
Law Review Commentaries
"Takings" without compensation. J.
Owen Todd (1976) 20 Boston Bar J. No.
5,P.17.
Library References
Zoning 0503. Comments.
C.J.S.Zoning§276 et seq. Cluster zoning, see M.P.S. vol. 28,
Park, § 627.
Special permits, see M.P.S. vol. 18,
Hardy, 1383.
Notes of Decisions
I. Conditions
Conditioning special permit for apart-
proceeding
all times asserted his intention of
proceeding simultaneously with con-
ment development on requirement that struction and legal proceedings to test
I`I development owner dispose of solid validity of certain conditions attached
i' waste from building at his own expense to special permit and board of aldermen
j, did not deny development owner equal allowed construction and occupancy of
protection, but owner was merely the apartments while legal proceedings were
6, first to be affected by new policy for pending, bolder of permit was not
dealing with waste removal from apart- barred from obtaining relief from condi-
_ I ment buildings or developments. Mid- tions on grounds of waiver or estoppel.
- dlesex & Boston St. Ry. Co. v. Board of Id.
Aldermen of Newton (1977) 359 N.E.2d
1279,371 Mass.849. Board of aldermen, acting in its ca-
pacity as special permit authority, could
Members of board of aldermen were
apart-
not for damages, resulting from
t liable notme condition special permit for apart-
lmposltion of invalid condition on spe- meat development on requirement that
permit, absent evidence that they development owner lease several units
cial
Pe to city housing authority at reduced
acted In bad faith, maliciously, or cor- rent for use by authority in connection
ruptly. Id. with federally subsidized leased housing
Where holder of special permit for program for low-income and elderly per-
construction of apartment development sons. Id.
§ 3. Subjects which zoning may not regulate; exemptions; public
hearings; temporary mobile home residences
No zoning ordinance or by-law shall regulate or restrict the use
1 of materials or methods of construction of structures regulated by the
state building code, nor shall any such ordinance or by-law prohibit,
1- unreasonably regulate or require a special permit for the use of land
for the primary purpose of agriculture, horticulture or floriculture,
15
s ,
�< i
ZONING 40A § 3
to perform Its various public functions. 2 of former C. 40A, subsequently enacted
Idenncted
prohibiting by-law limiting use of ]and
309. Religious or educational purposes, for sectarian educational Purposes. At.
exemptions—In general Corney General v, Inhabitants of Town
ForPoses ur of Dover (1951) 100 V.E.2d 1, 327 \lass.
P of application of § 2 of 601.
former c. 40A, exempting from operation .'
oP zoning ordtaaretlltres us
any educational _. n - h-eZRSr 310. public purpose, religious or
du• education•' Is broadand compre- educational purposes, ex-
hensir, term 113,o In orarocc emptions
opin and � `-e1' Evidence, In suit claiming zoning ex. t
phS g framing mental, moral, or emptin for facility devoted to education
n acu res, ut In i c and improvement of emottonn]IS dis•
all, a an s sent o them_ forbad
terms "educa ton an children, supported finding that !.
tion" re a dila- operations of facility were of public na-
cre no mu us s exchrs�l_e�a -r1a_ture, that its undertakings and objec-
ne unc tons so dietinct that fives were not commercial In character 1
de erminmg app rca r --. i
exemption undei'Iormer c. f0:�s�{rTeroof and not motivated for personal profit of `
fact ry
would be required to quantify chem to say group,
and that facility was entitled
relative to each ocher. Harbor Schools, 40A. Har�e`emption under former
Inc. v, Board of Appeals of Haverhill A , Schools, Inc. v. Board of
(7917) 366\.£.2d i64,-- )fassH Appeal, of Haverhill (1977) 366 N.E.2d
PP. —. 764,— 31ass.App.Fact that .
was
to education f andttjmpro�c went of Doted emo-
Use of building in residence "A" zone,
tlonallS disturbed children in which commercial use of structures
lice-in Provided .which
for teaching of groups
accommodations and was con- and individuals in art of Painting,tined to emotionally disturbed children ing, and bakin
did not render its g. glaz- -- --
tional;' for Purpose less "educa- g ceramics, resulting in
Purposes of applicability of realization of a slight profit, did not
Provision
of former C. 40A exempting serve a "public purpose" within § 2 of
from zoning ordinances facilities of edu- former c. 40A providing that no ordi-
eational nature which served Public ur- nonce which prohibits or limits use of
Pose. Id. P land for any educational Purpose which
Whether or not facility may Is Public shall be valid' and owners
to serve "any educational Purpose bee fol ch re Derating private enterprise and
1s , , , were not entitled to benefits of § 2 of
for exemption public" so as to qualify former C. 40A. City of Chicopee Y. Jak.
40A is [o be determined on ng ordinances uboaskl (1964) . 202
under former c. N.E.2d 913, 346
by application of well-established prince- ]lass. 230.
Pies which have been applied under Under § 2 of former C. 40Amaking
other at or legal rules to deter-rinvalid any ordinance ,
g or
mine whether iicatill1 or limiting use of land for church or"other
other instihtti nsis Public or private as
religious purpose or for any educational
shown In operation of institutions and Purpose, whether "Public
benefits conferred thereb tarian, or denomi ational,religious, sec-
benefits
Id. "educational
Zontn PurPose" of Instititte, which was non-
- g bylaw which would hold pro- profit corporation for teaebing of princi-
Posed multipurpose college building of Pies of science of accounting, was "pub-
order t[ion which was part of religious llc". City of Worcester v. New England
order to same dimensional requirements Institute B New England School of Ac-
as those imposed on detached single counting, Inc. (1956) 140 N.E.2d 470 3.35
family dwellings Was Invalid insofar ns Mass. 436.
It
tpplied to corporation, under § 2 of
former c. 40A. Holy Cross of 3I"ss, v. Exemption, which was contained in §
Town of Brookline (1964) 198 N.E.2d 2 of former C. 40A, making Invalid any
624.347 Mass.486. ordinance prohibiting or limiting use of
A zoning by-law r land for any educational purpose,
land P ohien lot use of whether public, religious, sectarian, or
or buildings a onare%l pure district denominational, would not be confined
for sectarian educational purposes be- to publicly supported or maintained In-
came invalid upon the taking effect of § stitutions or to"public schools." Id.
85
r
40A § 3 CITIES, TOWNS AND DISTRICTS
nor shall they prohibit or unreasonably regulate the expansion or re-
construction of existing structures thereon for the primary purpose of
agriculture, horticulture or floriculture, except that all such activities
may be limited to parcels of more than five acres in areas not zoned
j for agriculture, horticulture or floriculture. For such purposes land
divided by a public or private way or a waterway shall be construed
as one parcel. No zoning ordinance or by-law shall exempt land or
structures from flood plain or wetlands regulations established pur-
suant to general law.
No zoning ordinance or by-law shall regulate or restrict the in-
terior area of a single family residential building nor shall any such
ordinance or by-law prohibit, regulate or restrict the use of land or
structures for religious purposes or for educational purposes on land
owned or leased by the commonwealth or any of its agencies, subdivi-
sions or bodies politic or by a re Ig3ous sec or enonunation, r
a nonprofit educational corporation; provided, however, that such
land or structures may be su Iec. to reasonable regulations concern-
ing the bulk and height of structures and determining yard sizes, lot
area, setbacks, open space, parking and building coverage require-
ments. Lands or structures used, or to be used by a public service
corporation may be exempted in particular respects from the opera-
tion of a zoning ordinance,or by-law if, upon petition of the corpora-
tion, the department of public utilities shall, after notice given pursu-
ant to section eleven and public hearing in the town or city, determine .
the exemptions required and find that the present or proposed use of
the land or structure is reasonably necessary for the convenience or
{ welfare of the public; provided however, that if lands or structures
used or to be used by a public service corporation are located in more
than one municipality such lands or structures may be exempted in
particular respects from the operation of any zoning ordinance or by-
1 law if, upon petition of the corporation, the department of public utili-
ties shall after notice to all affected communities and public hearing
in one of said municipalities, determine the exemptions required and
find that the present or proposed use of the land or structure is rea-
sonably necessary for the convenience or welfare of the public.
No provision of a zoning ordinance or by-law shall be valid which
sets apart districts by any boundary line which may be changed with-
out adoption of an amendment to the zoning ordinance or by-law.
No zoning ordinance or by-law shall prohibit the owner and occu-
pier of a residence which has been destroyed by fire or other natural
holocaust from placing a mobile home on the site of such residence
and residing in such home for a period not to exceed twelve months
while the residence is being rebuilt. Any such mobile.home.shall be
subject to the provisions of the state sanitary code.
Added by St.1975,C.808, §3. Amended by St.1977,c.860.
16