7 UGO ROAD - BUILDING INSPECTION 7 UGO ROAD
� I
i
COPY fOR YOUR
,yyfORMATION
3
• 7
MICHAEL E. O'BRIEN MARY P. HARRINGTON
CITY SOLICITOR ttou, m+"t ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET y3 SHING PN� TREET
and CITY OF SALEM � Gan�q ((,,
187 FEDERAL STREET 59 FEDERAL STEET
SALEM, MA 01970 MASSACHUSETTS REM . t.h MA 01970
745-4311 QTY Af r,$ . 71405D
744-3383 S
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
May 28, 1985
James B:, Hacker, Chairman
Salem Board of Appeal
C7:�UTo-Road
Salem,Massachusetts 019.70
Re: Condominium Conversions
(Zoning Ordinance Section V, Subsection 13)
Dear Mr. Hacker:
As you are aware, I have written to you on several occasions
relative to the validity of the current city zoning ordinance re-
gulating condominium conversions. I't has been my opinion in the
past that the city should enforce the ordinance despite serious
questions about it' s validity. However, I have reviewed a recent
Supreme Judicial Court case which has caused me to reverse my pre-
vious opinion. .
In the case of Bannerman v City of Fall River, 451 N.E. 2nd
79.2 (19.84). the Supreme Judicial Court has held that local ordinances
not enacted pursuant to St. 1983 c. 527 which interfere with the land-
lord-tenant relationship are invalid. In the case of our ordinance,
there is a clear interference with the landlord-tenant relationship
because before an owner of real estate can convert a rental unit to "
a condominium he or she must obtain a Special Permit from the Board
of Appeals. At the time of enactment of the ordinance on March 12,
19.81, there was no state enabling legislation in effect to authorize
the same. The recent action of the City Council on May 9 , 1985 de-
feating a condominium conversion ordinance proposed pursuant to St.
19"83 c. 527 reinforces my opinion that the March 12, 1981 ordinance
is invalid. Had the City Council acted favorably on the recently
proposed ordinance, there would be no question as to it' s validity
because of the state enabling legislation.
Accordingly, it is my opinion that Section V, Subsection 13
of the Zoning Ordinance is invalid and should not be enforced. How-
ever, this is not to say that the City of Salem is without any
9
James B. Hacker - 2 May 28 , 1985
regulations relative to condominium conversions. Condominium
conversions in buildings of more than three (3) units are sub-
ject to the regulations of St. 1983 c. 527 .
Ver truly yours
r;
Cf hael E. O'Brien
ity Solicitor
MEu%7 P
cc: Mayor Anthony V. Salvo
William Munroe, Building Inspector
Gerard Kavanaugh., City Planner
Josephine R. Fusco, City Clerk