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270 LAFAYETTE STREET - BUILDING JACKET (fitV of t3tt1Em, Massar4usPtts Public Propertg Department iguilbing Department (One BaIrm (Breen 598-745-9595 fin. 380 Leo E. Tremblay Director of Public Property inspector of Building Zoning Enforcement Officer December 12, 1994 To Whom This May Concern: The property located at 270 Lafayette St., Salem, MA. , according to our records, is a legal two (2) family dwelling. It is located in an R-3 residen- tial area, therefore, could be converted into a three (3) family dwelling. To qualify as a three (3) family dwelling, each dwelling unit must have two (2) separate means of egress and meet all Health, Fire, and Building Codes. One and a half (1 1/2) parking spaces shall also be provided per dwelling unit being of a nine foot (9) by eighteen (18) foot dimension per space. An on site inspection by this department and a new Certificate of Occupancy would have to be issued to legalize the new dwelling unit as well If this office may be of further assistance, please do not hesitate to contact us. Sincerely, C ��(LL!'�M✓Ki� Leo E. Tremblay Director of Public Property Zoning Enforcement Officer � �-- ,� .�-,.-.. cam- 02 - � — �� « � .�� -� C� �� J �� G� . � �� ,2 � �� ` o g L.�zc_ oma--- �� n - � � � � - � � �� ,�� - , -�� 0� ONUIT � ,' gyp Cg � je �e CERTIFI �E OF OCCUPANCY CITY OF SALEM C` Issued: Permit /t 22. SALEM, MASSACHUSETTS 01970 V7 ' City of Salem Building Dept. 0 9��MINE BB'S DATE -� 19 PERMIT NO. APPLICANT ADDRESS (NO.) (STREET) (CONTR'S LICENSE) CITY . STATE " ZIP CODE TEL.NO. � ) .. _17 . .. NUMBEROF ... PERMIT TO ��'-" " " O STORY "'- "'- ` - -- DWELLING UNITS (TYPE OF IMPROVEMENT) NO (PROPOSED USE) ZONING AT(LOCATION) I - DISTR CT (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT _. , - ........ SUBDIVISION "'" LOT BLOCK SIZE ...... BUILDING IS TO BE FT.WIDE BV FT.LONG BV - FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS A LAMINATED BEAM NOT TO BE INSTALLED UNTIL APPROVED BY ENGINEER. PER LEO TREMBLAY AREAOR Ili Ili,. PERMIT CUBIC/SQUARE FEET) ESTIMATED COST FEE VOLUME $ OWNER ADDRESS I) BUILDING DEPT BY M° BUILDING CITY OF SALEM 19 SALEM, MASSACHUSETTS 01970 �9e�%mHeo�� PERMIT DATE 19 PERMITNO. APPLICANT ADDRESS (NO) (STREET) (CONTR'S LICENSE) CITY STATE ZIP CODE TEL.NO - -- NUMBER OF PERMITTO _ O STORY - -' -- DWELLING UNITS (TYPEOF IMPROVEMENT) NO. (PROPOSED USE) - - ZONING AT(LOCATION) - ) ( DISTRICT NO,) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) ... . LOT - SUBDIVISION LOT - BLOCK SIZE - BUILDING ISTOBE FT.WIDE BV FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION ITYPE) REMARKS: LAMINATED BEAM NOT TO BE INSTALLED UNTIL APPROVED BY ENGINEER. PER LEO TRENBLAY AREA ORQ PERMIT ICUBIGISOUARE FEET) VOLUME ESTIMATED COST$ FEE OWNER ... . _ . . '- BUILDING DEPT. ADDRESS - -' BY THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF.EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE.MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HASBEEN MADE. WHERE A PERMITS ARE REQUIRED FOR 1.FOUNDATIONS OR.FOOTINGS. ELECTRICAL,PLUMBING AND 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS. MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUI ING ItJSPETION,APPROVALS PLUMBING,( PE N A PROVALS ELECTRICAL INSPECTION APPROVALS It.1/ n -1 BOARD OF HEJfLTH AS INSPECT( N APPROVALS FIRE DEPT INSPECTING APPROVALS 6IAS-141 Ok t,,,,j OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK ISN SPECTIONS INDICATED ON THIS CARP„ ~ INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION AS NOTED ABOVE. OR V/BITTEN NOTIFICATION. \Sr��`:G% r of '-ftlan. mttssar4usetts Public Prapertg i3epttrtment iguilbing Bepartment (One t+alem (5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 19 , 1995 Richard & Stephen Newburg 7 Naples Road Salem, Mass . 01970 RE : 270 Lafayette Street Dear Richard & Stephen: Per our conversation on October 19, 1995 when I inspected the premises at 270 Lafayette Street with you and the Realtor. Once you purchase this property it will become a legal three ( 3 ) family dwelling per the findings of the City of Salem Legal Department, City Solicitor Robert Ledoux. You will be allowed to have a dwelling unit at each floor level per our conversation and will conform with the two means of egress from each dwelling unit . The fire and smoke detectors will meet the present codes, as well as emergency lighting and a common area electrical meter. If this office can be of any further assistance in this matter, please do not hesitate to call . Sincerely, r1 Leo E . Tremblay Inspector of Buildings LET: scm June 6, 1995 Leo E. Tremblay, Zoning Enforcement Officer City of Salem Building Department One Salem Green Salem, MA 01970 RE: Complaint for Enforcement 270 Lafayette Street Dear Mr. Tremblay: This complaint is written pursuant to Article IX, Section 9-2 of Salem's Zoning Ordinance and shall serve to enlighten your office to various zoning and building violations with respect to the residential property located at 270 Lafayette Street. I reside, with my family next to the subject property at 274 Lafayette Street. I am aggrieved by the following nonconformance and the negative impact that the same has on my own home. 270 Lafayette Street was a stately victorian single family house back in 1965 when Salem's Zoning laws went into effect. At that time Lafayette Street was designated as an R3 zone and minimum area and set back requirements were established. The subject parcel contained deficient square footage and set backs and thus became a granfathered non-conforming single family building. To increase the amount of units within the non- conforming structure, relief from the Zoning Board of Appeals was necessary . The only such request presented to the Board was in 1969. At that time the Board refused to grant a variance for the property but rather issued a special permit "to the petitioner personally, said permit will cease if and when petitioner disposes of this property. " Therefore, it is clear that the subject property has currently two legal dwelling units. However, the authority for the second unit is not transferable to any predecessor in interest and further application to the Board of Appeals would be necessary for a buyer to continue operating a multiple dwelling at that location. You came to this same correct conclusion and issued a letter stating the same on December 12, 1994. Currently, the subject property is being operated in flagrant violation of the law. There are currently six separately rented units in the building including three on the second floor and two on the third floor. There is only one common exit for all five of these units(unless they were to break through the middle of the unit on the first floor) . Additionally, the door to the only bedroom in one apartment on the third floor is about 4111" high. In the event of a fire, there would be no chance to escape. This letter is written to request that you immediately inspect and promptly enforce Salem's Zoning Ordinance and Building Code as it relates to 270 Lafayette Street. Kindly notify me of your enforcement actions by directing copies of your correspondence to my office address listed above. Very tpVly your , h Ronan JHR/amt pc: Bruce Block bb6 2 Titg of i9tttlem, ,fttsliar4usetts Public Propertg Department AeG� +Nuilbing Department (One !+stem (5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 21 , 1995 Robert LeDoux City Solicitor Salem, Mass . 01970 RE : 270 Lafayette Street Dear Mr. LeDoux: This office has forwarded information of the property located at 270 Lafayette Street and is requesting your legal opinion as to the legal status of the number of units allowed at this location. Thank you in advance for our anticipated cooperation in this matter . Sincerely, Leo E . Tremblay r Zoning Enforcement Officer LET: scm cc : Councillor Gaudreault , Ward 5 Bruce Block 302 Essex Street Salem, Mass . 01970 C�itU of �tt1Em. 4ttssttr4Ujjrttjj Public Prapertu Department iBuiltling Bepartment (Put #alem c5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 12 , 1995 Sears & Sears Attorneys at Law 19 Locust Street Danvers , Mass . 01923 RE : 270 Lafayette Street Dear Attorney John E . Sears : Do to the total confusion that has come about concerning the legal use of the property located at 270 Lafayette Street , I have forwarded all the information in my files to the City of Salem Solicitor concerning the property located at 270 Lafayette Street and its legal use . I have asked him to render a legal opinion in this matter and will enforce whatever decision is forwarded to this office concerning the property at 270 Lafayette Street . As soon as I have ---en informed by the City of Salem Solicitor of a decision in this matter , I will copy all interested party' s . Sincerely, �1 Leo E . Tremblay Zoning Enforcement, Officer LET: scm cc: John Ronan Bruce Block 1995-06-09 10 : 23 508 750 6940 SEARS&SEARS ATTORNEYS AT LAW 001 RO1 SEARS AND SEARS ATTORNEYS AT LAW 19 Locust. l,TREET DAWERS, MA69AOHUSETTS 01922 JOHN E. SOARS JAMES M. SE1R4 m.7772101 Fu 750.69,40 TRANSMITTAL COVER SHEET ATTEE,I'.iON: ,._lP l DATE: llOGUM:1dT: FROM; !� NUMBIFL`.OF PAGES (INCLUDING TRANSMITTAL SHEET): 2 1'6J0: (508) 750 — 6940 IF Y:11jlDO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL BACK AS SOON AS POSSIBLE TO OUR OFFI'.;E, AT (508) 777-2104. *****CONFIDENTIALITY NOTICE***** THE ;-AFORMATION CONTAINED IN THIS FACSIMILE MAY BE PRIVILEGED OR CONFIDENTIAL INFO(tM&TION AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOV?!. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLIYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HERE:IYINOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNI— CATD)1!1 IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEA''.iri IMMEDIATELY NOTIFY US BY TELEPHONE (COLLECT) AND RETURN THE ORIGINAL TO US N=TROUT MAKING A -COPY. 1995-06-0910 : 23 508 750 6940 SEARS&SEARS ATTORNEYS AT LAW 001 P02 F.,. SEARS AND SEARS ATTORNEYS AT LAW 19 LOCUST STREET oAN�Ra. MASSACHUSETTS 01923 ARCA rOM SOB JOHN E. 6EALQ;' TT . 777.2104 JAMES M. SEA11r,, FAX 750-6940 June B, 1995 John H. Ronan, Esq. Ronan & Holmes One Church Street. Salem, MA 01970-3737 0car Arty. Ronan: I represent Marguerite B. Carne (Cote) owner of the property at 270 Lafayette Street, Salem, MA 01970. Today Bruce Block sent me a fax of the letter you sent to Leo E. Tremblay, the Salem Zoning Enforcement Officer dated June 6, 1995. Mr. Block informed me that you suggested there may be a meeting on this matter soon with yourself, Mr_Tremblay and City Counsel Robert A. Ledoux. If such a meeting takes place I would like to be present. Please inform me of any such meeting or any other meetings on this matter. Sincerely, John Ei. Sei�ars cc: Leo Tremblay) by fax Bruce Block ) and mail SEARS AND SEARS ATTORNEYS AT LAW 19 LOCUST STREET DANVERS, MASSACHUSETTS 01923 JOHN E. SEARS AREA CODE SOB JAMES M. SEARS TEM. 777-2104 FAX 7SO-6940 June 8, 1995 John H. Ronan, Esq. Ronan & Holmes One Church Street Salem, MA 01970-3737 Dear Atty. Ronan: I represent Marguerite B. Carne (Cote) owner of the property at 270 Lafayette Street, Salem, MA 01970. Today Bruce Block sent me a fax of the letter you sent to Leo E. Tremblay, the Salem Zoning Enforcement Officer dated June 6, 1995. Mr. Block informed me that you suggested there may be a meeting on this matter soon with yourself, Mr.Tremblay and City Counsel Robert A. Ledoux. If such a meeting takes place I would like to be present. Please inform me of any such meeting or any other meetings on this matter. Sincerely, John E. Sears cc: Leo Tremblay) by fax / Bruce Block ) and mail ri (ITi# oftticm, � [ s� cli�zr##s f ? ourb of en1 "c DECISION ON PETITION OF MARGUERITE B. COTE TO REMODEL THE w i�M aBBo � THIRD FLOOR OF BUILDING AT 270 LAFAYETTE STREET TO PROVIDE JAM eB N. Bo��o eR AN ADDITIONAL APARTMENT. JoeeRM .. oor�e JOMN M. ORtY. BR. P RrMVR LhBRECOVE The Inspector of Buildings refused to issue a permit to alter the premises at this location to provide an addititional apartment on the third floor as this is an R-3 District, zoned for multi family dwellings, and the City Zoning Ordinance requires a lot area of 12,000 square feet with a frontage of 100 feet . This lot contains 10, 5uO square feet and has a frontage of seventy feet . Petitioner appealed to the Board of Appeals from this decision, and a hear- ing was held on her petition on January 20, 1969, pursuant to notices mailed postpaid to the petitioner, Board Members, abutters , and others, and advertisements published in The Evening News . All Board members attended this hearing excepting Mr. Norman Welch, Jr. Petitioner appeared and stated her petition which is on file , contained her appeal, further stating there is sickness in the family. Chairman John Gra, read the appeal to the hearing, this appeal being incorporated in this de- cision by reference. No one appeared in opposition. Whe Board voted unanimously to grant a Special Permit to allow occupancy of the third floor premises as an apartment to the petitioner personally , said Special Permit will cease if and when petitioner disposes of this prop- erty. BOARD OF APPEAL APPEAL GRANTED WITH RESTRICTIONS. BYy Vj�!/ Secretary C" W fC U i N G a— Jtq > U_ U W LL; J S of 'JC a 5 17jrO Dear I justed wanted to let are having a we are in of course!) By nig of the ! Please forgive for � r No. Application for Permit for Alterations, Repairs, & Demolitions Location, Ownership, and DETAIL Must Be Correct Permits Must Be Obtained Before Beginning Work Salem, Mass., 1 To the INSPECTOR OF BUILDINGS: The undersigned applies for a permit to __�'i '_, l_/t?--------------------- the following described building- ------------ Location /1Ff�}�E7r� ----52--------------- 'S�ICE•M_ --/ fl S S_----------------- --------_._ W Name of owner /�(�S_ _� [ 7 _ c-Name of occupant�Uds-_-3�fD�j _ P�/lX�t Name of mechanic or Contractor -______ Lti 5f—' -Name of architect Number of Stories -_,-_______________ e al of Roof_SIAy--___________; Material of Building ,GL�ie17_______ _ - --___--_--____ Size of Building ----'-17C__'-=---------- ------------ ---------- -------------------------------------------------------------•--------------------- lst Floor -----`-f�----------------------------------- 1st Floor ---------------- 2nd Floor _L----------- ---------------------------- 2nd Floor ------------- Existing use of Building ' rd Floor____________________________ _-- If vacant show Previous Use 3rd Floor-____________. 4th Floor---------------------------- ------------- -- 4th Floor------------•--- rd Floor -------------------------------------------- 5th Floor---------------- I st Floor - - - 2nd Floor L�__ Proposed use after Alterations 3rd Floor 4th Floor - - 5th Floor --------- - - - - - Are 10 or more people employed? --------------------------------------------- ----------- On What Floors? ----- --------------- Will 50 or more people assemble? WL--------------------------------------------------------- ------- On What Floors? ------------------..._. DETAIL OF PROPOSED ALTERATIONS, ETC. --- ------- --�-- --- --------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------- ----------------------- --------------------------------------------- ----------------------- -------------------------------•------- ---------- ------------------------------- -------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated -------- stimated Cost or Valuation of New Work Note: Separate Permits required to occupy sidewalk or for Plumbing and Electrical Work. IMPORTANT: Show Lot Plan on back of this application, drawn to scale, showing location of Present Structure. Signature of Owner or ----------------------------------- Authorized Representative _____ __ - =---` `-- - -------- Residence ---- - - - - - - No.---- Aj PLAN OF LOT Application for Permit for Additions, Alterations, Repairs, Showing Location of Present and Demolitions Structure and Addition i _____CLASS BUILDING LOCATION u v No._ -7U— -- -�- ------- ---------- Cd a H _________________ Ward______'-%--____. r � Owner - __ �"�� ------ -- --------------------- +°'+ ------------------------------------- cost_ -------------- CONDITIONS 2_------CONDITIONS w a -e --- --- -- -- - - ---- ----- --- �, to - PERMIT GRANTED I ''1 No------------------------- Application for Permit for Alterations, Repairs, & Demolitions Location, Ownership, and DETAIL Must Be Correct Permits Must Be Obtained Before Beginning Work Salem, Mass., ------3ept-v_rnhk�-_5------------------ 19-j g-- To the INSPECTOR OF BUILDINGS: The undersigned applies for a permit to -----renovate-------------------- the following described building: -_-__-______ Location 270__La=a jette_ t. 1_e -----_----`----------------------------------------------- Ward ------------------- ------------------ - ---- - - r . ,3erw. �erite "' to Name of owner ___—--_____--__ '' 11==Y' _'_ E rol' n duonce =- --------- - ---- Name of occupant ---y ------------du - - - Name of mechanic or Contractor ------- Oe 1 Lair i e _ Name of architect "_r_.__ e e i ----------------- - --------------------- Number of Stories ----''_---------------; Material of Roof --_---G!:':te-_--__--__-; Material of Building ---------- Size of Building ------------------------- ------------- 1st Floor ----0oaU-Q-lkSL----------------------- 1st Floor ---------------- 2nd Floor _occu-'3en-_ 2nFQy11Ty Existing use of Building 3rd Floor---vacant---------------------------- If vacant show Previous Use 3rd Floor6l 'lri.__ 4thFloor------------------------------------------ 4th Floor---------------- 5th Floor ------- -------------------------- ----- -- 5th Floor---------------- lst Floor -------1'� '12 '-�--------------------- ---------- ------------------------------ 2ndFloor -------------------------------------------------------------------------------- use after Alterations 3rd Floor ------------------------------------------------------------------------------------------------------------- 4th.Floor--------------------------------------------------------------------------------------------------------------- 5thFloor -------------------------_------------------------------------------------------------------- ------------- Are 10 or more people employed? --------------------n0---------------------------------------------- On What Floors? --------------------- Will 50 or more people assemble? --------------------no---------------------------------------------- On What Floors? ----- ----------------- DETAIL OF PROPOSED ALTERATIONS, ETC. - - --- -------------- - - - � ---------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------ ----------------------------------------------------------------------------------------------------------------------------- ------------------------ Estimated Cost or Valuation of New Work ..........aP_4rox.___r3000.00 Note: Separate Permits required to occupy sidewalk or for Plumbing and Electrical Work. IMPORTANT: Show Lot Plan on back of this application, drawn to scale, showing location of Present Structure. Signature of Owner or 13 �_______________________- ----- Authorized Representative ---��f1 4 tom-- ----a y - ""z �'ILl Res:dente =59 '- b-ot rr _ t a -,r s_ 01915 - PLAN OF LOT Application for Permit for Additions, Alterations, Repairs, Showing Location of Present and Demolitions Structure and Addition --------------------------------CLASS BUILDING C TION w ' fc..c7,� ------- -- ------ ---- ----- - ----- a w y ____-___.-----____-__.-___________ _ -- War(I _____ _________ s Owner ------------- Q - ------ 3 , o ° w CONDITIONS Jam^, C1 r 4 ! ------ ---------------- -------------------------- ------------------ - --------- ------ ------------ --------- ------ ----- --------------------------------------------- ----- - ----------------------------------- --------------- ------------------- --------------- ------- ---------i - - — '. -if PERMIT GRANTED • DATE OF PERMIT PERMIT No. OWNER LOCATION 5. 1 . 1893 64 FRANCIS A. BAIROWS ( 270 Lafayette Street4 STRUCTURE MATERIAL DIMENSIONS No.OF STORIES INo-.OF FAMILIES I WARD I COST 42x 53 In �--t ^ R ! +a'• -' i '� ` 5 a BUILDER 1/20/69- AW (Owner-Gerald-Marguerite Cote) Variance to remodel the t r$$� loor of building to provide an additonal apartment (G_PANT.En�^ISS11_RESTRICTIONS) >V0 9. 18.69 11307 11 .6.68 Provide addition to 2nd fllor apartment 11418 - 3 r /. ti I i � I i 1 � i i � � i I I i I �� I � j I I j � I � I I � i I I ',' I i � c� I l � I I � I j 1 I ! I ( i I I j I � I � I � � I i I i l l i � � _ I I i � i i j j � � I I I I � , ,� � � I i I i � i � i I ( II � � I � I � I i i I I I S ? � � i i I , I I I � I � � I I I I i i r I � ! � � � i I I 1 i I i , i I � ', I j I � i '. i f � I I I s F � I 'i � � � a �I I f I I ! � '. I �� i 1 I �� r Illi i I ( II i i �' 'i i j � I ; III i ' { � I i I j � I ' I I � � � I 1 � i � � � j i ' I � J J i � j fII �. Y I � , I i � I e I � Il !I i � � I i � � I I I I ' I; I i . I ' I � i a ` I i t � I I i i l ' I I � I ) � ' I I i i I � I 1 I f I � I ` u � I I I l i i l � i � I , i I �� i I i I I � i i I i i I I I h � ��.�^ �ij � i I ' , I I II � I i I I � � � i ? ��. �t HC/C/t �` I I I �, ' i ' � I � 1 �. 1 I � � � � ate` � � }.1 �� I�� r 1' �� ' .101 NI: IOd of �� i � '� � I I � I, I I � � � J`II�7 a - I � I i � � � I i � y � � + ��_ � I '� �, I ' ' � �� I i I i � I I c y � � ° i i � i � I i � i � � � 1 ii:bU 3 -R9 I � I � I I � i i I ( I � I I � I I I 1 I � I I �W pen 3 1A5 QN ItA ' RE.CEi`1�0 GITy OF SALEh1 November 27 , 1984 To the Building Inspector , I lived in the 1st floor of 270 Lafayette Street from --- ��------ t ------ There were 5 other apartments in the building at that time. Sincerely , COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . November 27 , 1984 r, Then personally appeared , before me , the aforementioned and acknowledged the foregoing instrument to be her free act and Meed . My Commission Ex (fitu of t"§tt1Pm, fflawiar4utictui Public Prnpertp Department NuilDing Department (One #nlem (6reen 508-745-9595 Ext. 3911 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 21, 1995 To whom it May Concern: RE: 270 Lafayette Street R-3 Zoned The above reference property is located in an R-3 Zoned District which allows for multi family dwelling use. The propose of three (3) dwelling units, constitutes an allowed use under the current Zoning Ordinance. Sincerely, Leo E. Trpmblay / Zoning Enforcement Officer LET: .scm RECEIVED CITY OF Sr11.E1'i'MASS• To the Building Inspector City of Salem I have owned the property at 270 Lafayette Street , Salem, Massachusetts since before 1971 . From 1971 to present , these premises have been occupied as six apartments . Sincerely , Margu?riteB. Cote (Carne )' s. ��9 public fropertg Department imutlbing Department (9ne *alem !green 508-735-9595 I xt. 3d0 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer s+ March 7, 1995 : ; ' Fi. To Whom It May Concern: The property located at 270 (.afayette Street,t �aiem, ccordi� to the Statue of Limitation Massachusetts General Law 40A, Sectign, ; , i's' ,i!P considered a legal six (6) unit dwelling. The property can. be converted I to a legal three (3) family dwelling per City of Salem Ordinance. once. t the six (6) unit use of structure has been abandon or not used €gr a period ' of two (2) years or more, the grandfathered use of structure shall lose ' k: ', : 9. whatever rights might otherwise exist to its continuation r.' This is a Zoning decision in by no means exe.mp property owner frgm, i 7( ,, complying to all State Building Codes. s„` : `• . ; Sincer y, Leo E. Tremblay Zoning Enforcement Officer LET: scm 44 PiP r`. r u 1. ��, t I iw 3 Tity of 0�ttltm, Aassac4usttts Public Property Bepartment Nuilbing Bepartment (One ftem Green 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 12, 1994 To Whom This May Concern: The property located at 270 Lafayette St. , Salem, MA. , according to our records, is a legal two (2) family dwelling. It is located in an R-3 residen- tial area, therefore, could be converted into a three (3) family dwelling. To qualify as a three (3) family dwelling, each dwelling unit must have two (2) separate means of egress and meet all Health, Fire, and Building Codes. One and a half (1 1/2) parking spaces shall also be provided per dwelling unit being of a nine foot (9) by eighteen (18) foot dimension per space. An on site inspection by this department and a new Certificate of Occupancy would have to be issued to legalize the new dwelling unit as well If this office may be of further assistance, please do not hesitate to contact us. Sincerely, Leo E. Tremblay Director of Public Property Zoning Enforcement Officer T"itu of � era' gassnr. Usffs s Puhfir Properig PPparimPuf �� s� ? �1TT�TIT$ �Ppal'�2:tPITt Richard T. McIntosh One Salem Green December 17, 1984 745-0213 J To Whom It May Concern: Re: 270 Lafayette St. R-3 Zoned The above referenced property is located in an R-3 Zoned District which allows for multi family dwelling use. The 6 dwelling units currently there, constitute an allowed use under the current Zoning Ordinance. f /Richard T. McIntosh Zoning Enforcement Officer RTMCI/jc 40A § 7 CITIES, TOWNS AND DISTRICTS § 7. Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court The inspector of buildings, building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construc- tion, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by-law. If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. No local zoning law shall provide penalty of more than three hundred dollars per violation; provided, however, that nothing herein shall be construed to prohibit such laws from providing that each day such violation continues shall constitute a separate offense. No action, suit or proceeding shall be main- tained in any court, nor any administrative or other action taken to recover a fine or damages or to compel the removal; alteration, or relocation of any structure or part of a structure or alteration of a structure by reason of any violation of any zoning by-law or ordinance except in accordance with the provisions of this section, section eight and section seventeen; provided, further, that if real property has been improved and used in accordance with the terms of the original building permit issued by a person duly authorized to issue such permits, no action, criminal or civil, the effect or purpose of which is to compel the abandonment, limitation or modification of the use allowed by said permit or the removal, alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation of the provisions of this chapter, or of any ordinance or by-law adopted thereunder, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within six years next after the commencement of the alleged violation of law; and provided, further that no action, criminal or civil, the effect or purpose of which is to compel the removal, alteration, or relocation of any structure by reason of any alleged violation of the provisions of this chapter, or any ordinance or by-law adopted thereunder, or the conditions of any variance or special permit, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within ten years next after the commencement of the alleged violation. Such notice shall include names of one or more of the owners of record, the name of the person initiating the action, and adequate identification of the structure and the alleged violation. 120 zoNiNG 40A § 7 The superior court shall have the jurisdiction to enforce the provisions of this chapter, and any ordinances or by-laws adopted thereunder, and may restrain by injunction violations thereof. Added by St.1975, c. 808, § 3. Amended by St.1984, c. 291; St.1986, c. 557, § 55; St.1987, c. 481, § 1; St.1989, c. 341, § 21. Historical and Statutory Notes St.1984, c. 291, approved Nov. 27, 1984, in authority" following "special permit" and sub- the second paragraph,in the first sentence,sub- stituted"each"for"such"preceding"county or stituted "three" for one". district". St.1986, c. 557, § 55, an emergency act, ap- proved Dec. 8, 1986, in the first paragraph, in Prior Laws: the second sentence, substituted "therefor" for "therefore'. St.1920, c. 601, §§ 4 to 6. St.1987, c.481, § 1, approved Nov. 10, 1987, St.1925, c. 116, § 2. in the second paragraph, in the second sen- G.L.1932 (Ter.Ed.), c. 40, §§ 27, 28. tence, added the second proviso. G.L.c.40,§§ 29,30A,as added by St.1933,c. St.1989, c. 341, § 21, an emergency act, ap- 269, § 1. proved Aug. 95, 1989, in the second paragraph, G.L. in Z, § 30B, as added by St.1938, c ; .- in the first sentence,inserted",however,"; and in the second sentence, in the first proviso, St.1950, c. 325, § 2. substituted "further, that" for "however" pre- G.L.c.40A,§§ 12,22,as added by St.1954,c. -; ceding "if real property", and in the second 368, § 2. proviso, deleted "granted by a permit granting St.1970, a 678, § 1. Cross References Declaratory judgments and decrees, generally, see c. 231A, § 1 et seq. j Housing court, concurrent jurisdiction, see c. I85C, § 3. Injunctions, see Mass.R.Civ.P. Rule 65. Superior court,jurisdiction, see c. 212, § 3 et seq. Law Review Commentaries 4�;A• Govenu rental immunity from local zoning or- Zoning. Julian J. D'Agostine and Richard G. , r dinance. (1971) 84 Harv.L.Rev. 869. Huber, 12 Ann.Surv.Mass.L. 184 (1965). r�i+ Review in Massachusetts zoning and subdivi- .II .. Sion control cases. William E. Ryckman, Jr. Zoning laws declaratory decrees. Julian J. (1967) 52 Mass.L.Q. 297; (1968) 53 Mass.L.Q. D'Agostine, 11 Ann.Surv.Mass.L. 168 (1964). 23. Zoning limitations; enforcement of laws re- Violation of zoning by-law; removal of art of Mass. to buildings. Dunbar Holmes (1970) 55 f9 building. Richard G. Huber, 17 �Ann.Surv. 4. Mass.L.Q. 377. ) Mass.L. 465 (1970). x4 t3 Library References Zoning and Planning X761. i WESTLAW Topic No. 414. C.J.S. Zoning and Land Planning§ 334. t,. Notes of Decisions In general 2 Evidence 31 � Burden of proof 30 Exhaustion of remedies 22 Construction with other laws 4 Findings 33 Criminal penalties, generally 17 Fines 18 k Due process 3 Injunctions, generally 27 !' Entitlement to permit 10 Issuance of permits 12 E. Equitable relief, generally 25 Jurisdiction 23 y. Estoppel 21 Licenses 15 121 i�" T Iry CA-�- ti CZ 1W -7 dtz CO 1 CITY OF SALEM - MASSACHUSETTS ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO City solicitor 93 Washington Street Assistant city Solicitor 505-7453M .Salem, Massachusetts 01970 508&921-0990 June 28, 1995 Leo E. Tremblay, Building Inspector One Salem Green Salem, Massachusetts 01970 RE: 270 Lafayette Street Dear Mr. Tremblay: On June 21, 1995, you requested that I give my opinion on the legal status of the number of units allowed at this building. My opinion follows. The house in question has been the subject matter of many remodeling projects over the years. In 1968, then Building Inspector Daniel J. O'Brien, Jr. issued a building permit to allow the remodeling of the property into three apartments on the first and second floors. In 1969, another building permit was issued which allowed a fourth unit to be constructed on the premises, but limited the new third floor unit to that period of time when the petitioner owned the property. This was to expire upon her sale of the property. Pursuant to the provisions of Massachusetts General Laws Chapter 40A, Section 7, if a building permit is issued, a recipient is afforded the protection of the law so long as no action is taken against him or her within the six years following the date of the issuance of the building permit. The same holds true for property that has been modified without a permit and that expires ten years after the completion of the work. Based on the foregoing, I feel that this is a legal four family, but the status will change to a three family upon the sale of the property. Thank you for your consideration. Very truly yours, ROBERT A. LEDO X RAL/lcm File #9470.26