10 LYNN STREET - LETTER TSP CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
98 WASHINGTON STREET,2ND FLOOR
TEL. (978)745-9595
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
May 20,2021
John H. Carr, Jr. Esq.
7 River Street
Salem,MA 01970
Re: 23 River Street and 10 Lynn Street
Dear Mr. Carr:
I write in response to your May 6, 2021 letter regarding the above-referenced properties.
23 River Street
On March 29, 2021, a building permit issued for renovations to the two-family dwelling located
at 23 River Street. . The use of 23 River Street for a two-family dwelling is a conforming use
because that use is permitted in the R-2 District. 23 River Street is however, a lawfully existing
non-conforming lot containing a lawfully existing non-conforming structure. Section 3.3.6 of the
City's Zoning Ordinance provides: "A nonconforming use or structure which has been
abandoned, or not used for a period of two years, shall lose its protected status and be subject to
all of the provisions of this Ordinance."It is my opinion that the nonconforming dwelling located
on 23 River Street has not lost its protected status because it has not been abandoned and it has
been sufficiently used. Of note, although it appears the property has been in foreclosure, the
bank continued to secure the property, has kept the water on,paid the real estate taxes and
conducted a substantial environmental cleanup at the property.
Further,to the extent that your May 6,2021 letter is to be considered a request that the Building
Department revoke the building permit or take enforcement action against the property, that
request is not timely.
Accordingly, I am not going to revoke the building permit for 23 River Street.
Please note that your May 6, 2021 letter to me does not constitute a properly filed application
with the City's Zoning Board of Appeals and will not be treated as such.
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
98 W ASHINGTON STREET,2ND FLOOR
TEL. (978) 745-9595
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
Any person aggrieved by my decision may appeal to the City's Zoning Board of Appeals within
thirty(30) days pursuant to G.L. c. 40A, §§8 and 15.
I hereby reserve any and all rights to defend this decision against any such appeal and to advance
additional arguments in support of my decision.
10 Lynn Street
We are reviewing the information regarding 10 Lynn Street and I will follow up with you
regarding that property in the near future.
Smc ly,
Thomas St.Pierre