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28 WEST AVENUE - BUILDING INSPECTION Oftndafle)C /3 Esselte 74520 400/oP4 fUILDINC DEPT HAYES, LEDOUX, WHIPPLE & KING ATTORNEYS AT LAW 60 WASHINGTON STREET �U91R �� �a 5 �� Q SALEM, MASSACHUSETTS 01970 78 AREA CODE 617 RFMVCD 745-3363 Yy U(1[' ��// pp�� S�+Sp WILLIAM F. HAVES 11904-1977) 171P5WIC1ii�FP10EYAJJ, GEORGE H.W. HAYES, II 25 MARKET STREET ROBERT A. LEDOU% P. O. BOX 206 JOHN A.WHIPPLE IPSWICH, MASSACHUSETTS 01939 JOHN G. KING 16171 356-2933 DANVERS OFFICE: JAMES A. WHIPPLE 17 SCHOOL STREET OF COUNSEL DANVERS, MASSACHUSETTS 01923 16171774-6109 June 28th, 1978 Mr. John Powers Zoning Enforcement Officer One Salem Green Salem, Massachusetts 01970 in re: Mr. & Mrs. James R. Foley, 28 West Avenue, Salem, MA Dear Mr. Powers: As you know, I represent the above-captioned individuals in reference to some zoning problems that have arisen on the property that they own at 28 West Avenue, Salem. At this time, I formally request of you a determination as to the legal definition of an in-law apartment within and for the City of Salem. Mr. & Mrs. Foley acquired this property approximately one year ago and understood that it was a three family. Until receipt of your cease and desist order, they were unaware that it was in violation of the zoning ordinance. Since the date of receipt of your letter, they have not rented nor shall they rent the apartment on the thir d floor. Mrs. Foley's mother is presently in search of living quarters. I have been requested by them to determine whether or not she would be able to live on the third floor in the house. My review of the zoning bylaw would indicate that because their predecessors had received a variance to convert it into a two family, occupation by their family itself of the second and third floor as one unit would not violate the variances granted. The request for an in-law apartment would be occupation by Mrs. Foley's mother who would pay no rent and live on the third floor which would not have a kitchen. _1_ Mr. John Powers -2- June 28th, 1978 It is my understanding that you have spoken to the Assistant City Solicitor and that a formal request will be initiated to their office. Thank you for your consideration. Very truly yours, ROBERT A. LEDOUX eg J�-ecru C Z� May 5, 1978 Mr. James Foley 28 West Avenue Salem, Massachusetts 01970 RE: 28 West Avenue Salem, Massachusetts 01970 Dear Mr. Foley: In response to a complaint this Department accompanied by an Inspector from the Salem Health Department inspected the premises located at '28 West Avenue owned by you on May 4, 1978. The inspection revealed a third apartment has been installed on the third floor. On February 24, 1970 a former owner, Mr. Roger L'Heureux, petitioned the Board of Appeal for permission to remodel the dwelling into a two-family home. This permission was granted. No permission has been granted for a three family and no building permits have been issued. You are therefore ordered to discontinue use of this third apartment upon receipt of this notice. Your failure to comply with this order will result in legal action being taken against you by this Department and the City of Salem. You are advised of your right to request relief from the Salem Board of Appeal. Very truly yours, JOHN B. POWERS Superintendent of Public Property, Inspector of Buildings JBP/mlr Certified Mail #945305 w SENDER: Complete items 1.2,and 3. Add your address in the "RETURN TO" space on 3 reverse. m 1. The following serviceis requested (check one). Show to whom and date delivered------------ 150 Show to whom, date,& address of delivery.. 35( ® RESTRICTED DELIVERY. N Show to whom and date delivered-------- .... 65¢ E] RESTRICTED DELIVERY. Show to whom, date, and address of delivery 85¢ a 2. ARTICLE ADDRESSED TO: Mr. James Foley i 28 West Avenue m Salem, Mass. 01970 T 3. ARTICLE DESCRIPTION: - REGISTERED NO. CERTIFIED NO. INSURED NO. la 9 +5305 y (Always obtain signature of addressee or agent) sI have received the article described above. mD SIGNATURE 7 ❑ Addressee ❑ Authorized agent z ! C 4. A DATE OF &jArRY n �asPOSTMARK 0 111��f�'11 s7 9 D G 5. ADDRESS (Complete only if requested) m r in 6. UNABLE TO DELIVER BECAUSE: CLERK'S O INL 3 D r (S GIro:IT -ea] UNITED STATES POSTAL SERVICE .�••� OFFICIAL BUSINESS :t" M'4 � PENAL ' TY.iGGi.CR@IV47� MAY 9 - SENDER INSTRUCTION ,0 VSE TDFA a J. Print your name,address,and ZIP Cade in the cit be"-M • Complete items 1, 2, and 3 on revere id � • Moisten gummed ends and attach to bac 7, 18 RETURN TO Mr. John B. Powers , Insp. of Bldgs . City Hall Annex, One Salem Green Salem, Massachusetts 01970 9 BROWNE ROAD SHREWSBURY, MASS. APRIL 28 , 1978 MR. WILLIAM MUNROE LOCAL BU ILD ING 1 SALEM GREEN SALEM, MASS. 01970 DEAR MR. MUNROE: I AM INTERESTED IN HAVING YOU INVESTIGATE THE PROPERTY OF JAMES FOLEY AT 2.8 WEST AVE IN SALEM. TO MY UNDERSTANDING,THIS HOUSE IS REGISTERED AS A TWO FAMILY DWELLING. MY ROOMATE AND I RENTED THE ATTIC APARTMENT; THIS MADE THREE PARTIES LIVING IN THE HOUSE. ' SINCE THIS IS A VIOLATION OF THE INSPECTORS CODE, I WOULD APPRECIATE ANY INFORMATION CONCERNING THE SUBJECT. THANK YOU FOR YOUR ATTENTION IN THIS MATTER. SINCERELY, SHARON FRIARS CCC> �h w � o n o Lu uJJ C� W i ' • J LL l3 x C3 •rte- V - 1 ' • '. . t June 30, 1978 Mr. Richard W. Stafford Assistant City Solicitor Lega3 Department 70 Washington Street Salem, Massachusetts 01970 Dear Richie, I have received the attached letter from Mr. Robert A. Ledoux. Would you please advise the interpretation of the Solicitor' s Office. Very truly yours, JOHN Be POWERS Superintendent of Public Property, Inspector of Buildings JBP/mlr 4' of nttr �( V D of �V ettl Fs�Uinti. � DECISION ON PETITION OF ROGER L'HEUREUX TO REMODEL „�.. . .ova... DWF.T,T.TNG AT 28 WEST AVENUE TO PROVIDE. AN ADDITIONAL APARTMENT. - ,1ATMUw 4e1.[C.U[ The Inspector of Buildings refused to issue a permit to remodel thia dwelling to provide a second apartment as this district is zoned R-1 for single family residences. Petitioner appealed to the Board of Appeals and a hearing was held on this appeal on February 24 , 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others , and advertise- ments published in the Salem Evening News giving notice of said hearing. All board members excepting Mr. Doyle were present at the hearing. Petitioner appeared and explained that he proposes to remodel this dwel- ling to provide two apartments, a four room apartment on the first floor, and remodel the second and third floors for the use of his growing fam- ily; the second floor would have a kitchen, dining room, living room and family room, the third floor would have four rooms to be used for sleep- �� ag quarters for his family. Mr. L'Heureux also stated that sometime in " zhe past this had been a two-family dwelling but had been converted to one-family occupancy. After careful consideration of the facts presented in this case, the Board found that to grant this appeal would relieve hardship in provid- ing adequate living quarters for petitioner' s family, and further found that granting this appeal would in no way derogate from the intent and purpose of the Ordinance and would cause no detriment to the public good, and for these reasons voted unanimously to grant this petition. APPEAL GRANTED,,, BOARD OF APPEALS BY � tw,e, --l�� � D Acting Secretary y --tea / m M L , Cn C G H, - n 4 m, C=D �UIU7IHG S+)L'('T WILLIAM J. TINJ( s9 N �� _ CITY OF SALEM ' RICHARD W. STAFFORD CITY SOLICICITY 70 WASHINGTONTOR STREET ?,ECt)EFD 1VINSS• MASSACHUSETTS ASTANT 701WASHINGTON STIR EETR SALEM, MA 01970 ``t j V~ SAL SALEM, MA 01970 744.2172 744-2172 January 12 , 1979 Mr . John B. Powers Inspector of Buildings One Salem Green Salem, Massachusetts 01970 In re: 28 West Avenue , Salem, MA Dear Mr . Powers: You have requested my opinion in regard to the occupation by a member of a family of a third floor , in a particular house located at 28 West Avenue , Salem, Massachusetts . I am informed that a Variance is presently existing on this property allowing its occupation as a two family house . It is further my understanding that the second and third floor are occupied by the members of one family. Section 2 , Subsection 19 of the Zoning Ordinance of the City of Salem defines " family" as follows: "Family - one or more persons occupying a dwelling unit and living together as a single non-profit housekeeping unit; "provided that a group of three (3) or more persons who are not within some degree of kinship shall not be deemed to constitute a family. " As long as the individuals involved fits the definition of family, there would be not prohibition against the Zoning Ordinance or against the occupants of the second and third floor by this family unit. Yours sincerely, 5/ Richard W. Stafford Assistant City Solicitor RWS/dlg