15 PORTER STREET - BUILDING INSPECTION z 15 PORTER STREET
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3. Article Addressed to: 4a. Article Number
Nonlin Realty Trust P 009 226 561
Norman Realty Trust 41b. Service Type
17 College Pond Drive El Registered El Insured
Danvers, MA 01923 W'Irtified ❑ coo
❑ Express Mail [g'�eturn Receipt for
15 Porter Merchandis
7. Date of /'elivery
V
5. Stature (Addressee) 8. Ad essas's Address(Only if requested
a fee is paid)
6. Signature (Agent)
PS Form 3811, November 1990 *U.S.GPO:1991-287-066 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE I II (I I
Official Business 47
PENALTY FOR PRIVATE
USE, 6300
Print your name, address and ZIP Code here
•Leo E. Tremblay, Inspector of Buildings
One Salem Green
Salem, MA 01970
.�o r Tttg of 13� tt1Em, Aaaaar4usetts
Public PrnpertV Department
Suilbing Department
(One 0§a1em Green
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer November 9, 1992
Nonlin Realty Trust
Norman Riley
17 College Pond Drive
Danvers, MA 01923
RE: 15 Porter St. , Salem
Dear .Mr. Riley:
This office received a complaint from Mr. Steve Billias of 15 Porter
St. stating the above referenced property was being used as a two family
dwelling. A visit to the site was made and it has been determined that Mr.
Billias was correct.
Mr. Riley; in order to convert this property to a legal two family
dwelling, additional parking spaces must be provided; a second means of
egress from the second floor must be in place and the proper inspections of
the second floor living quarters must be made.
I am hereby requesting you cease utilizing said property as a two
family dwelling until such time as the above revisions have been taken
care of and proper permits have been obtained and the necessary inspections
made.
Please advise me of your intentions within seven (7) days of receipt
of this notice. If I can be of any further assistance please do not
hesitate to call.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
Zoning Enforcement Officer
LET:bms
cc: Steve Billias
Certified Mail #P 009 226 561
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COPY FOR YOUR
INFORMATION
MICHAEL E. O'BRIEN ',' s MARY P. HARRINGTON
CITY SOLICITOR ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
187 FEDERAL STREET and CITY OF SALEM and
59 FEDERAL STREET
SALEM, MA 01970 MASSACHUSETTS SALEM, MA 01970
7454311 744-0350
744-3383
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
December 10, 1984
Richard T. McIntosh
Building Inspector
One Salem Green
Salem, Massachusetts 01970
Dear Mr. :McIntosh:
By letter dated October 22 , 1984 , you have requested my
Opinion whether a single-family home .located on an undersized
lot in an R-2 District requires a variance to be converted in-
to a two-family home.
I refer you to Massachusetts General Laws Chapter 40A,
Section 6 and Section VIII of the City of Salem Zoning Ordi-
nance . In determining whether current use of property fits
within the exemption granted to nonconforming uses , the case
law in Massachusetts holds that weight should be given to
w hather the current use reflects the "nature and purpose" of
the use prevailing when the zoning by-law took effect. Also;
the courts look at whether the current use is "different in
kind in its effect on the neighborhood" .
The question you have asked is interesting in that if
Inypothetically a lot of land existed prior to the adoption of
the zoning ordinance and it had a minimum of 5, 000 square feet
of land, I believe that there would be no need for a variance
to construct a two-family home on the lot provided the 'lot was
located in an R-2 District. In applying this hypothesis to a
situation where there is an existing single-family home on a
lot in an R-2 District, I find it difficult to see where the
zoning ordinance would mandate a variance to convert it into a
two-family home. In such a case, the proposed use (i. e. two-
family) is a permitted use within the R-2 District. However,
the structure is located on a lot which is non-conforming and
I believe any change to or extension of the existing structure
would require a variance. I interpret "extension of use" as
Richard T. McIntosh - 2 - December 10 , 1584
referred to in Massachusetts General Laws Chapter 40A, Section 6
to mean other activities beyond the use of the existing structure
as a residence.
Accordingly , it is myopinion that a single-family residence
in existence prior to the adoption of the zoning ordinance located
in an R-2 District may lawfully be used as a two-family residence
ons es�tttan 15, 000 ssquareeete but with a minimum of 5 , 000 square
feet. However, any extension or change to the dimensional size —
The residence increasing the noncon ormi y
of the structure w=37d
r _ variance. Ad3itional3y, any change eyond the use o a
ire a
tw-n-family residence would ala>o require a variance.
Very truly yours.,
_. Mic aell E. O' Brien
City Solicitor
MEO/Jp
cd-- -city Clerk
r
i
peals by former, c. 90.1 did not lnelude :lppenls of Itrocicton (1900) 219 x,L_d crease to "tea, uu,iwgu,
power to nullify:ncts of local legislative 15. 351 alnss. 31c. ordinance or by-law shall not apply for a period of five years from +
bods in adopting and amending zoningits effective date or for five years after January first, nineteen hundredi,
r and seventy-six, whichever is later, to a lot for single and two family i l
§ 6. Exisiing structures, uses, or permits; certain subdivision ! residential use, provided the plan for such lot was recorded or en-
plans; application of chapter dorsed and such lot was held in common ownership with any ad- i
Except a;s hereinafter provided, a. zoning ordinance or by-law joining land and conformed to the existing zoning requirements as
shall not app] to structures or uses lawfully in existence or lawfully ; J of January first, nineteen hundred and seventy-six, and had less area, soli
begun, or to building or special permit issued before the first publi- I frontage, width, yard or depth requirements than the newly effective l
cation of notice of the public..hearing on such ordinance or by-law zoning requirements but contained at least seven thousand five (I
required by section five, but shall apply to any change or substantial hundred square feet of area and seventy-five feet of frontage, and II;
extension of such use, to a building or special permit issued after the provided that said five year period does not commence prior to Janu-
first notice of said public hearing, to any reconstruction, extension or T ary first, nineteen hundred and seventy-six, and provided further
structural change of such structure and to any alteration of a strue- I that the provisions of this sentence shall not apply to more thamthree I 'i
ture begun after the first notice of said public hearing to provide for of such adjoining lots held in common ownership. The provisions of
its use for a substantially different purpose or for the same purpose Q, this paragraph shall not be construed to prohibit a lot being built., ^u' ivA
in a substantially different manner or to a substantially greater ex- 1 upon, if at the time of the building, building upon such lot is not pro-. '
tent except where alteration, reconstruction, extension or structural r' hibited by the zoning ordinances or by-laws in effect in a city or town.
change to a single or two-family residential structure does not in- .' If a definitive plan, or a preliminary plan followed within seven {
crease the nopconforming nature of said structure. Pre-existing non- months by a definitive plan, is submitted to a planning board for ap- I
conforming structures or uses may be extended or altered, provided, proval under the subdivision control law, and written notice of such
that no such extension or alteration shall be permitted unless there is submission has been given to the city or town clerk before the effec-
a finding by the permit granting authority or by the special permit i tive date of ordinance or by-law, the land shown on such plan shall 1 i?
granting authority designated by ordinance or by-law that such i i be governed by the applicable provisions of the zoning ordinance or I' i
change, extension or alteration shall not be substantially more detri- ;.; by-law, if any, in effect at the time of the first such submission while ;
mental than the existing nonconforming use to the neighborhood. I such plan or plans are being processed under the subdivision control �I 1
This section shall not apply to billboards, signs and other advertising law, and, if such definitive plan or an amendment thereof is finally
provisions of sections twenty-nine through
„ approved, for five ears from the date of the endorsement of such
devices subject to the y- g y ilik +=
inclusive of chapter ninety-three, and to chapter ninetyapproval, except in the case where such plan was submitted or sub-
thirty-three,
P Y P i I
three D. 1 mitted and approved before January first, nineteen hundred and � l
A zoning ordinance or by-law shall provide that construction or ;, seventy-six, for seven years from the date of the endorsement of such �s
operations under a building or special permit shall conform to any approval. ,
subsequent amendment of the ordinance or by-law unless the use or When a plan referred to section eighty-one P of chapter forty-one
construction ',is commenced within a period in ihbitthe itr town clerkthe use of the been submitted to a planning board and written notice of such
not more than six submission as been given o e cy o , �i •j
months after the issuance of the permit and n cases involving con- j [ t
struction, unless such construction is continued through to completion land shown on such plan shall be governed by applicable provisions 14
as continuously and expeditiously as is reasonable. of the zoning ordinance or by-law in effect at the time of the submis-
sion of such plan while such plan is being processed under the sub-
A zoning ordinance or by-law may define and regulate noncon-
!�
division control law including the time required to pursue or await
forming uses and structures abandoned or not used for a period of
two years or more. the determination of an appeal referred to in said section, and for a of
Any increase in area, frontage, width, yard, or depth require- ( period of three years from the date of endorsement by the planning
— board that approval under the subdivision control law is not re- !
merits of a Toning ordinance or by-law shall not apply to a lot for1I'1
quired, or words of similar import.
sipgle and two-family residential_use which at the tin_1e of recording Disapproval of a plan shall not serve to terminate any rights
1
_
.or endorsement, whichever occurs sooner' was not held in common which shalt have accrued under the provisions of this section, pro-
%ownership filth _any adjolmnalandL conformed to then existl»g re= vided an appeal from the decision disapproving said plan is made 1"i •1
— -- F'
quirements and had less than the proposed requirement but at least t ti