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76 PROCTOR STREET - BUILDING INSPECTION 76 Proctor St. atr No. 1S3L-2 HASTINGS. MN LOS ANGELES-CHICAGO.LOGAH.O* MCGR£GOR.TX-LOCUST GROVE.GA U.S.A. 3 h��•WIN\: CITY OF SALEM - MASSACHUSETTS KEVIN T.DALY Legal Department LEONARD F FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem, Massachusetts 01970 508-921-1990 January 20, 1993 Leo E. Tremblay, Inspector of Buildings City of Salem One Salem Green Salem, MA 01970 Re: 76 Proctor Street Dear Mr. Tremblay: Please be advised that I have examined various documentation relative to the use of 76 Proctor Street as a three family dwelling. I have examined a letter from the present owner, a letter from a long time occupant, a letter from the Board of Assessors and various census documentation. Based on my review of this documentation, it is my opinion that 76 Proctor Street was a lawful three family residence prior to the adoption of the City's Zoning Ordinance in 1965. It is my opinion that this building should afforded the protection of Section VIII (E) of the aforementioned Ordinance relative to non- conforming uses and this dwelling's current use as a three family residence is permissible. Thank you for your attention to this matter. Very truly yours, Kevin T. Daly, City Solicitor KTD/amt coswai20 of IAbttleut, Ausar4uoetto n .R Public *Vropertg Department Nuitbing Department (One *sleet Green 598-745-9595 �cxt. 38❑ Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 6, 1993 Kevin Daly, Esq. City Solicitor City of Salem RE: 76 Proctor St. (R-1) Dear Mr. Daly: Will you kindly peruse the enclosed data to determine the legal use of the above referenced property, which, according to our records is a three family dwelling. The property is located in a Residential Single Family District. This is to determine use only and in no way is meant to confirm or deny whether said property is in compliance with all building, fire, electrical, plumbing or gas codes. Anything you can do to expedite this matter will be greatly appreciated as the owner of the property is in the process of refinancing. Thank you. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms To: The Salem Building Inspector From: Jerome and Sharon Riordan, owners, 76 Proctor Street, Salem Date: January 4, 1992 Re: Clarification of three-family status of property at 76 Proctor Street, Salem Attached is a packet of information supporting the three-family status of the above referenced property. Included is: 1. A letter from the City of Salem Assessor regarding the property's tax status as a three-family dwelling. 2. A statement from the former owner and now, current tenant, Lucy Harney, regarding the history of the property's use and occupancy. 3. Census information. When we purchased the property in 1986, the Salem Fire Department required the installation of a hard-wired smoke alarm system because the property was considered by the City of Salem to be a three-family dwelling. As you know, hard-wired systems are required for three-family and up properties at transfer. The dwelling at 76 Proctor Street was built in 1915, with front and rear stairways leading from the ground to the third floor, and there have been no changes to this original, typical three-family configuration. As stated in Miss Harney's letter the property was constructed with front and rear stairways to the third level, and the property has a long history of use as a three-family dwelling. Determination as to the property's status is being requested from the Building Inspector by a perspective purchaser of the property. When we purchased the property, it was clear from configuration, usage and tax records, that the property was considered by the City of Salem to be a three-family dwelling. The perspective owner-occupant purchasers would like a new determination as to the property's status. Your cooperation in providing an official determination to satisfy these buyers is appreciated. The fee of $30.00, required for this service, is enclosed. Thank you for your assistance in this matter. STATEMENT REGARDING THE USE AND OCCUPANCY OF 76 PROCTOR STREET, SALEM, MASSACHUSETTS 76 Proctor Street has been my home since 1915 when the house was built by my uncle, Mr. John Harney. The house was constructed as it is presently configured, with interior front and rear staircases, leading from the first level to the third level. In 1932 my aunt, Mary L. Harney, moved into a fully independent apartment on the third level. Although over the many years that she occupied this apartment, she remained in close and frequent contact with my family on the second level apartment, it was considered by all that she had a separate and independent living unit on the third level. The apartment had its own fully functional and applianced kitchen and its own bath that was part of the house's original construction. Through the years, the first level apartment has been occupied by various families, not part of the Harney family. The exception to this occupancy was in the late 1950's or early 1960's when a Harney family member who was a co-owner at the time occupied the first floor apartment. Lucy Harney (date) BOARD OFASSESSORS n f 93 WASHINGTON STREET,CITY HALL,SALEM,MASSACHUSETTS 01970 -- (508)745-9595 Ext 261 �r (508)744-5916 FAX �s '��uoNE December 21, 1992 TO WHOM IT MAY CONCERN: The property located at 76 Proctor Street, (Assessors' Parcel #15-403) has been listed as a three (3) unit dwelling in the Assessors' Office records since Fiscal 1983. Very truly yours, Peter M. Caron Chief Assessor PMC:mjg