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5 WILLOW AVENUE - BUILDING INSPECTION 5 WII,LOW' .AVENUE 1 BOARD of ASSESSORS e� A 93 WASHINGTON STREET,CITY HALL,SALEM.MASSACHUSETTS 01970 (617) 744-0660 5 9 G �ctvmc, / August 13, 1984 CV I AroLT S .- ►-vis a %z`2 Mr. Carl Lavoie 8 Glover Street Salem, MA 01970 Dear Mr. Lavoie:(, For your information, your building located X65 Willow Avenue, (Assessors' Parcel #33-0450), has been listed by this office as a two family dwelling, as per an interior inspection made on May 10, 1973. Prior to that date, this office did not keep records of dwelling units. Very truly yours, C]?,��- Peter M. Caron Assessor PMC:mjg Suz n M . Levjefsque , Not Publ ' Commission Expires 11 /5/87 , Mr . and Mrs . John L. Tranos 16 Summit Avenue Salem, MA 01970 August 10 , 1984 Mr . Richard McIntosh City of Salem Building Inspector One Salem Green Salem, MA 01970 Dear Sir , We have . lived in this neighborhood since the year 1952 and we attest to the fact that 5 Willow Avenue, Salem, has been a two family house since , at least , the year 1952 . Sincerely, Mr . and Mrs . John L. Mr . Paul Lord 1 Willow Avenue Salem, MA 01970 August 10 , 1984 Mr . Richard McIntosh City of Salem Building Inspector One Salem Green Salem, MA 01970 Dear Sir , I have lived in this neighborhood all of my life and I attest to the fact that 5 Willow Avenue, Salem, MA has been a two family house since , at least , the year 1939 . Sincerely , Paul E. Lord y , h fit of "S'ttlem, s ��If �tt� x 1JUblir Vraprtga ttr#mPn# Jul�n �. �,3ofvers S �fi3rntt� �freef 74�-D213 March 5, 1980 Mr. & Mrs. Carl Lavoie 9 Glover Street Salem, MA 01970 RE: 5 Willow Avenue, Salem Dear Mr, and Mrs. Lavoie: I am in receipt of a complaint regarding an alleged violation of the Salem Zoning Ordinance' at the above address. Specifically this is in reference to Section IIB 19 which is a definition of Family. . . . . . . ."a group of three (3) or more persons who are not in some degree of kinship shall not be deemed to constitute a family." 5 Willow Avenue is situated in a single family zone. It is presumed that it was a two family residence as of 1965 when the present zoning ordinance went into effect. If this is true, then that non-conforming use may continue PROVIDED "If any such non- conforming use of land is discontinued for any reason for a period of twelve consecutive months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located." (Section VIII C. 3) It then follows that occupancy by anything other than a Family as defined by the Ordinance would jeopardise the continued use of the structure as a two family dwelling and it would have to revert to single family use. The burden of proof of type of occupancy lies with the Owner. I am therefore requesting that you furnish documentation that the occupants of the second floor at 5 Willow Avenue do in fact constitute a family. You have two weeks to comply with this request or I shall have to order the premises vacated. Failure to comply with this order shall constitute a misdemeanor and is subject to court action as prescribed in Section IX B of the Salem Zoning Ordinance. You have the right to appeal this decision before the Salem Board of Appeals. Application may be made at this office. Very truly yours, —Daniel F. Mansur DFM:tc Acting Zoning Enforcement Officer BUII_DIN6 LIEN Fin 29 3 �.s P '80 RECE=IVED CITY OF S I_E@1,mASS. Zoning Enforcement Officer 1 Salem Green Salem, Massachusetts 01970 Dear Sir: My address is 5 Willow Avenue , Salem, Massachusetts . During our lease of the first floor apartment at this address, we have made numerous complaints concerning excessive noise from the occupants of the second floor. Complaints directed at the occupants , reported to the landlord and now the police . Part of the problem is the number of occupants on the second floor. The zoning ordinance, Section 2, definitions 7, No . 19 is specific in what constitutes a family. The landlord is aware of this ordinance, yet there are five people renting the second floor of this home . Therefore , if in fact, 5 Willow Avenue is zoned �tw_o_family'. with one family occupying the first floor and five unrelated adults occupying the second floor is there not a violation of the Salem zoning ordinance . Timothy oman (9itU of '2ajvra, efflassar4u52ffij Public PropertV Peyartmgnt k!GL.T4U/ John c'31- �3o£ners 5 �ruaD �freet 745-11213 March 5, 1980 Mr. Timothy J. Homan 5 Willow Avenue Salem, MA 01970 Dear Mr. Homan: In reply to your letter received February 29, 1980 please be advised I have written to the owner pointing out the possibility of zoning violation existing at 5 Willow Avenue and requesting that he contact this office for further clarification. I appreciate your interest in this matter. Very truly yours, A'Lty� Daniel F. Mansur, Acting Zoning Enforcement Officer DFM:tc Naumkeag Trust Company Building ROBERT W. WELCH 221 Essex Street • Salem, Massachusetts 01970 WILLIAM J. LUNDREGAN 617-744-0637 i DANIEL W. RIORDAN fti, 10 1016 A'q 00 JANE T. LUNDREGAN J. PATRICK BURKE RECCjMA10M B. WELCH(1929-1975) ROBERT C. MCCANN CITY OF StaLEI'I.f=1AS March 17, 1980 Mr. Daniel F. Mansur Acting Zoning Enforcement Officer City of Salem Public Property Department Building Department One Salem Green Salem, MA 01970 Dear Mr. Mansur: Please be advised that Mr. and Mrs. Carl Lavoie, 8 Glover Street, Salem, Massachusetts, have consulted me with reference to the correspondence received by them from you pertaining to 5 Willow Avenue, Salem, Massachusetts. I have advised Mr. Lavoie to compile the information that you requested and to give it to me. As soon as I receive it, I will see that it is forwarded to you. However, since I am going to Florida for the latter part of March, it will probably. be sometime in April before I can submit the requested information to you. If you have any questions with reference to this matter, please do not hesitate to call me. Yours very truly, Vund�regan William J. / jak L