15 PARLEE STREET - BUILDING JACKET
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GUILDING DEPT
JOSEPH F. COLLINS 3 DUH � (hI j{�]I✓t(bj Q�NARD F. FEMINO
ASSISTANT CITY SOLICITOR A4 — J � HSSISPANT CITY SOLICITOR
93 WASHINGTON STREET RECEIVED 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACAU14Ef-ZSLDf,NASg AND
22 SO. MAIN STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET
TDPSFIELD, MA 01983 BEVERLY, MA 01915
745-4311 CITY SOLICITOR 745-4311
93 WASHINGTON STREET
887-6401 AND 921-1990
PLEASE REPLY TO 22 50. MAIN STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM, MA 01970
745-4311
744-3363
PLEASE REPLY TO 81 WASHINGTON STREET
June 28 , 1989
William H. Munroe, Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re:: -Lot ##47�Map 4�
/5 3Parlee Street
Dear Mr. Munroe:
I have received in inquiry whether or not the above
entitled parcel of land containing 7 , 171 square feet of land
with an excess of 50 feet of frontage on Parlee Street is
afforded the protection of the fourth paragraph of G.L.c40A
§6 .
The "grandfather" provision of the aforementioned statute
exempts certain lots for single and two-family use from area
and frontage requirements provided the lot in question has
a minimum of 5, 000 square feet of area and 50 feet of frontage.
In order to qualify for the protection, such a lot must not
have been held in common ownership with adjoining land at
the time of recording the most recent instrument of record
prior to the effective date of the restrictive zoning change
pertaining to the lot.
An examination of the record title indicates that the
record title meets the criteria to be "grandfathered" under
the provisions of G.L.c40A §6 even though the lot does not
conform to the current 15, 000 square feet area requirement
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and 100 foot frontage requirement of the ordinance. However,
it is further my opinion that any structure built on the
lot must comply with the set back, lot coverage and height
requirements of the same ordinance as well as any other
applicable requirements relative to roads and the like.
Ve truly,youurs
ichael E. O'Brien
City Solicitor
MEO/jp
cc: Florence W. Kirsch, Esq.
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RECEIY� R ' . 20izPaa� Jroa�
CITY OF SALEM,�+�l 1� � ueac�u�effi G99�15
March 31, 1989
City of Salem, Massachusetts
Public Property Department
Building Department
One Salem Green
Salem, Massachusetts 01970
Re : Lots#4ax eeaS_tr-_eeat<,,,Sa e_m_-=
,� /S' P92ccn� .rTF
Dear Sirs :
Request is hereby made for "Grandfather Protection"
from the Zoning requirements under the Provisions of Chapter 40A,
Section 6 of the Massachusetts General Laws for the above-mentioned
lot .
1 . The lot has at least 5, OOOsquare feet and 50 feet
of frontage on . an improved street .
2. The lot is located in an area Zoned for single or
two family use .
3 . To the best of my knowledge and belief, the lot
did conform to existing zoning when legally created, in 1904 .
4 . The most recent instrument of record is dated
September 30, 1936 . It was separately owned at that time by Robert
Francis Fuller . That date is prior to August 27, 1965.
5 . The lot has retained its separate identity by
continually being described as a separate and distinct lot. It has
not been transferred since 1936 and has been a separate lot since
that time .
6 . The lot has been a separate lot and not been
available for use in connection with adjoining land since August
27, 1965 as well as since 1936 .
We would appreciate your granting this request at
your earliest convenience .
Thank you for your kind cooperation in this matter .
Very truly/you s,