15 TURNER STREET - BUILDING INSPECTION 15 TURNER STREET -�
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MICHAEL r �
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E. O'BRIEN '; 9 MARY P. HARRINGTON
CITY SOLICITOR p +eo,yMw"` ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET Noll I 0 26 A 'U5 93 WASHINGTON STREET
and ti UU CITY OF SALEM and
187 FEDERAL STREET 59 FEDERAL STREET
SALEM, MA 01970 RECEIVED MASSACHUSETTS SALEM, MA 01970
745-4311 CITY OF S;LEMS MASS. 744.0350
744-3383
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
November 13 , 1985
Councillor George A. Nowak
114 Columbus Avenue
Salem, Massachusetts 01970
Dear Councillor Nowak:
You have requested my opinion whether or not a home for
abused .women and children is a permitted use in a residential
area under our zoning ordinance.
Upon reviewing the existing zoning ordinance, such a fac-
ility would not be a permitted use. However, Massachusetts Gen-
eral 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 de-
nomination or by a non-profit, educational corporation " .
Whether or not a facility may be found to serve an education-
al 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, I have reviewed the Article of Or-
ganization and operating budget of the entity requesting the
exemption. The corporation was formed on May 18 , 1978 under
Massachusetts General Laws cl80 as a "non-profit charitable
and educational corporation formed for the purpose of provid-
ing comprehensive services to victims of domestic violence" .
Its 1985-86 operating budget includes income from the Mass-
achusetts Department of . Social Services, cities and towns ,
churches, community groups and charitable foundations .
Based upon the corporation' s non-profit status , non-
commercial character, lack of personal profit motivation
and it ' s public service objectives, it is my opinion that
it is the type of entity that the legislature intended to
exempt from the use restriction of our zoning ordinance.
George A. Nowak - 2 - November 13 , 1985
However, it should be noted that, . it 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.
v y ruly yo
chael E. O'Brien
City Solicitor
MEO/jp
cc: City Clerk
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