10 LINDEN STREET - ZBA (2) � 10 LINDEN STREET
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. �=-`� �_,' 2� ^� ,� ,
MAYOR d)• (J
DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1
A hearing on this petition was held on September 18,2002 with the following Board
Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Joseph Barbeau and
Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit to construct a garage/addition per Section 8-6 and
8-4 of the Zoning Ordinance for the property located at 10 Linden Street located in a R-
1 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
DECISION ON THE PETITION OF WILLIAM ARNOLD REUESTING A SPECIAL V
PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1
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1. Petitioner's William Arnold and his wife are the owners of a three family house at j ` ' C
10 Linden Street. They wish to build an addition including new garage with
second floor living space. Mr. Arnold stated that he is a carpenter/contractor in
the home improvement business, renovating homes in the surrounding
communities. He does not wok out of any part of his home. He stated that he
would not use the space created by the new addition to operate his business.
Instead he seeks to expand the living space available to his growing family.
2. Petitioner owns and operates several large commercial vehicles tin connection
with his business, which include a flatbed truck, a UPS panel type truck and a
cherry picker. Commercial vehicles of this type may not be parked overnight in
the residential districts under City Ordinances
3. Because of opposition to the proposed addition on the part of David Guy of 7
Linden Street and other neighbors, Ward Councillor Kim Driscoll negotiated a
draft letter of agreement, memorializing the neighbors reservations regarding the
granting of the Arnold's petition. The letter proposed conditioning the granting of
the Special Permit upon the Arnold's agreement to five conditions, including not
parking any commercial vehicles on the property or the street, and not operating
the business at the residence. The Arnolds did not oppose the conditions set
forth in the Driscoll letter.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET R-1
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3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. Addition shall be use for residential living space.
8. No commercial or office space at the promises.
9. There shall not truck or commercial vehicles parked on premises.
10. Property shall be restricted to use as a 3 family structure and construction of addition
shall be completed in a timely manner.
SPECIAL PERMIT GRANTED
September 18, 2002
Nin hen, Chairman
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
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