SOBER HOME 08/13/2018 ELIZABETH M.RENNARD VICTORIA B.CALDWELL
G77Y SoLTGTTOR ASSIJT.9NF CHYSOZICTMR
93 WASFnNGTON STREET 93 WASHINGTON STREET
SALEM,MA 01970 SALEM,MA 01970
TEL 978.619.5633 TEL 978.619.5634
FAX: 978.744.1279 CITY OF SALEM FAX: 978.744.1279
EMAIL:sRENNARD@SALEM.COM KINBERT FY L.DRISCOLL,MAYOR EMAIL VCAMWEUA@SALEM•COM
LEGAL DEPARTMENT
93 WASHINGTON STREET
SALEM,MASSACHUSETTS 01970
August 13,2018
Via Email and U.S.Mail
Andrew J. Tine, Esq.
Law Offices of Andrew J. Tine
18 Maple Avenue
Barrington,RI 02806
Re: 12 Mt.Vernon Street, Salem,MA
Dear Attorney Tine:
I have not received a response to my letter of July 23,2018, requesting some form of proof that your
client has established a sober home for recovering addicts. As I stated in my letter, failure to establish
that the Tesidence is being used to provide housing specifically for individuals recovering from addiction
would result in the residence being in violation of the City's Zoning Ordinance. Since we have been
made aware of your client's intent to create a residence for sober living,there has been an overdose at the
property and other activity that could lend itself to a conclusion that the residence is a sober home in
name only.
Since my last letter, it is my understanding that your client has complied with the City's requirement that
the property be inspected pursuant to the certificate of fitness ordinance. The inspection revealed that 14
individuals are residing in the two-family residence,on all four floors,including the basement. As such,
it is in excess of the number of unrelated individuals allowed to reside in dwelling units within the R-2
zoning district. Failure to provide any documentation as to the nature of the home and its eligibility for
protection under federal Fair Housing Laws and M.G.L.c.40A, §3 by August 20,2018,will result in
citations and fines being issued for zoning violations.
If you can provide us with documentation of the status of the two units as homes for individuals
recovering from addiction which would exempt them from local zoning,there still remains the
requirements of the sprinkler law,M.G.L.c.148, §26H and those of the Architectural Access Board
contained in 521 CMR 8.00. It is the City's position that these requirements apply to your client's
property. We would,however, be happy to sit down with you and your client to discuss any potential
reasonable accommodations that may be made with respect to these requirements.
The complete failure to respond to the reasonable request for information to support the asserted use of
the property is concerning where the safety and welfare of residents,and in particular disabled residents,
is at stake. While providing a sober living residence serves a need in the community, any efforts to take
advantage of a vulnerable population will be met with swift action by the City.
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Page Two
Andrew J. Tine,Esq.
August 13,2018
Again, please forward the documentation requested via email or regular mail no later than August 20,
2018,to avoid the issuance of fines and citations. Once the documentation is provided,we can sit down
to review the sprinkler and architectural access requirements.
Very truly yours,
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Victoria B. Caldwell
cc: Thomas St. Pierre, Inspectional Services Director
Gerry Giunta, Acting Fire Chief