10 LINDEN STREET - ZBA (3) D �
_ 10 LINDEN STREET R-2 _f
EDWARD MELLO
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DECISION ON THE PETITION OF MELLO REALTY TRUST REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET (R-2)
A hearing on this petition was held June 18,1997 with the following
Board Members present: Gary Barrett Chairman, Nina Cohen, Joseph
Ywuc,Richard Dionne and Albert Hill. 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 is requesting a Special Permit to enlarge a three family
dwelling to a four family dwelling for the property located at 10
Linden Street (R-2) .
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or 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.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans, makes the
following findings of fact:
1 . Attorney James Mears appeared representing the petitioners.
2. Correspondence from Attorney Mark Cassidy representing Robert and
Jane Readon of 8 Linden St. in opposition to the petition was
read.
3. The subject property has a paved area of 44 feet x 35 feet and an
unpaved yard of approximately 12 feet by 35 feet.
4 . No scaled drawings reflecting the required number of 9 feet x 22
feet parking spaces were submitted to the Board at the hearing.
DECISION OF THE PETITION OF MELLO REALTY TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 LINDEN STREET
page two
5. Bobbie Funue, 10 Linden Street, a tenant at the subject property
spoke in favor of the petition.
5. Councilor-at large- Tom Furey, 7 Linden Street, submitted a
letter in opposition to the petition.
7. Ward 5 Councilor, William Kelley, detailed a history of
complaints against the property, and spoke in opposition to the
petition.
8. Eleanor & John Derby, Alice Rainey and Kathleen Titus, all of 12
Linden Street, spoke in opposition to the proposed fourth
apartment.
9 . David Guy, 7 Linden Street, voiced his opposition to the petition
because of the increased density and parking problems which would
be created in the neighborhood with an additional apartment unit.
10. Stephen Dibble, 74 Moffatt Road, whose mother resides at 12
Linden St. spoke in opposition to the petition, and submitted a
letter from Michael Sullivan, 13 Linden St. in opposition to the
petition.
11 . Jean Readon, 8 Linden Street, spoke in opposition to the
petition.
12. The neighborhood is a densely populated area with minimal side
yard setbacks.
13. The neighborhood experiences on-street parking problems.
14. The subject property has been the subject of numerous complaints
because of debris, general upkeep and noise from neighbors for
quite sometime.
15. Petitioners failed to demonstrate hardship in order to establish
the need for the requested variance.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested cannot be granted without
substantial detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the ordinance.
2 . The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety,convenience and welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously 0 in favor,
and five (5) in opposition to the motion to grant the relief
requested. Having failed to garner the four affirmative votes
required to pass, the motion to grant fails and the petition for a
Special Permit is denied.
SPECIALPERMITDENIED
June18,
Gary Barrett, Chairman
Member, Board of Appeal
z
DECISION OF MELLO REALTY TRUST REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 10 LINDEN STREET
page three
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 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate
of Title.
Board of Appeal
KATHLEEN TITUS
12 LINDEN ST.
SALEM, MA 01970
`ju4E I gl 1997
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John P.Derby
12 Linden St,
Salem,MA.01970
June 17, 1997
Dear,Mr. Barrett
I regret I will be unable to attend the hearing on June 18, 1997 concerning the expansion of 10 Linden St. (R-2)from
a three family dwelling to a four family. I would however like to voice my concerns pertaining to this proposed
expansion. I have lived at 12 linden St. for 4 years and have always considered myself to be a good neighbor in the
community. I have remained a good neighbor even though in the past I was forced to call the police because of the
extreme noise coming from 10 Linden St. on occasion until the early hours of the morning. In the summertime it is
worse with some of the residents sitting in and around their cars consuming alcohol until after midnight. My bedroom
window is less than 10 feet away from their driveway and I fear that an increase in vehicles and people would greatly
diminish my quality of life which is already strained. I must therefore request that the permit to expand 10 Linden St.
not be granted. Thank you for you're consideration regarding this matter
Sincerely, John P. Derby