17 LINDEN STREET - ZBA D
17 LINDEN STREET (TH
\ WILLIAM & ELIZABETH COOMBS
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DECISION ON THE PETITION OF WILLIAM & ELIZABETH COOMBS
FOR A SPECIAL PERMIT AT 17 LINDEN ST. (R-2)
A hearing on this petition was held November 9, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting and Strout.
Notice of the hearing was sent to abutters and others and notice of the hearing
were properly advertised in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Special Permit to convert
a carriage house into a single family dwelling in this R-2 district.
The provisions of the Salem Zoning Ordinane with is applicable to this request
for a Special Permit is Section V B 10, 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
VIII F and IX D, 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 detr2S
mental than the existing nonconforming use to the neighborhood. N
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In more general terms, this Board is, when reviewing Special Permit requests, 4
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. ca
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The Board of Appeal, after careful consideration of the evidence presented and
after viewing the plot plan, makes the following findings of fact:
1 . Several abutters and neighbors signed a petition in favor of this conversion;
2. One abutter was opposed but changes were made to satisfy his opposition;
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3. Evidence presented indicated that this carriage house is an historic
carriage house as defined by the Salem Zoning Ordinance and can therefore c
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be converted to a single family dwelling by Special Permit.
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On the basis of the above findings of fact, and on the evidence presented at (Ln
the hearing, and on the findings of fact, the Board of Appeal concludes as follows:
1 . 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.
2. The granting of the Special Permit requested with be in harmony with the
neighborhood and will promote the convenience and welfare of the City's
inhabitants.
NO 09873i'G367
DECISION ON THE PETITION OF WILLIAM & ELIZABETH COOMBS
FOR A SPECIAL PERMIT AT 17 LINDEN ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special
Permit requested, subject to the following terms and conditions:
1 . Petitioner obtain a release from the Assessor or Tax Collector regarding
tax obligations for the main building for the years 1985 through and including
1988;
2. A Certificate of Occupancy for the Carriage House be obtained;
3. All requirements of the Salem Fire Department relative to fire safety
be adhered to;
4. All construction and occupancy shall be in strict accordance with all City
and State Building Codes;
5. Five (5) legal, on site parking spaces are to be maintained;
6. This Special Permit shall expire four (4) years from the date this
decision is issued;
7• Petitioner shall eliminate the rear window on the northerly side of the
carriage house;
8. Five (5) foot high shrubs along the length of the northerly side of the
carriage house shall be planted;
9• A dwelling unit in the main building or the carriage house shall be
owner occupied;
10. Proper numbering for the Carriage House be obtained from the City Assessor;
GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM 1TIIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 11 OF THE MAS;.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE CNE OF 1 !,WC
OF IIIIS DECISION IN THE OFIICE OF TIIE CITY CLERK.
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AMENDMENT OF SPECIAL PERMIT
DECISION ON THE PETITION OF WILLIAM & ELIZABETH COOMBS REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 LINDEN STREET (R-2)
A hearing on this petition was held July 17,1996 with the following
Board Members present: Gary Barrett, Chairman, Nina Cohen, Albert
Hill, Joseph Ywuc and Richard Dionne. 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 delete condition #6 of
the Special Permit granted in 1988 with regards to limiting the
permit to 4 years for the property located at 17 Linden Street.
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. The petitioner's were represented by Attorney Richard Stafford.
2. Petitioner's request to delete condition #6 of the Special Permit
granted to them in 1988 with regards to limiting the permit to 4
years.
3. Two petitions were submitted with 18 names and addresses stating
the fact that they are in favor of this petition.
4. Jonathan Parker of 20 Linden Street spoke in favor.
5. Mr. Rose of 25 Linden Street spoke in favor.
6. There was no opposition to this petition.
DECISION OF THE PETITION OF WILLIAM & ELIZABETH COOMBS REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 LINDEN STREET
page two
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 can 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 promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . This Special Permit shall remain in full force and effect so long
as William and Elizabeth Coombs, or either of them, or any of
their children own 17 Linden Street and occupy the property.
2. All remaining conditions will stay the same as granted in
November 16 , 1988 will still be effect.
SPECIAL PERMIT GRANTED
July 17, 1996
Joseph Ywuc
Member, Board of Appeal
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
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DECISION ON THE PETITION OF WILLIAM & ELIZABETH COOMBS REQUESTItWG�A ,"'
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 LINDEN STREET (R-2)
A hearing on this petition was held July 17,1996 with the following
Board Members present: Gary Barrett, Chairman, Nina Cohen, Albert
Hill, Joseph Ywuc and Richard Dionne. 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 delete condition #6 of
the Special Permit granted in 1988 with regards to limiting the
permit to 4 years for the property located at 17 Linden Street.
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 ?ermit
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 . The petitioner's were represented by Attorney Richard Stafford.
2. Petitioner's request to delete condition #6 of the Special Permit
granted to them in 1988 with regards to limiting the permit to 4
years.
3. Two petitions were submitted with 18 names and addresses stating
the fact that they are in favor of this petition.
4. Jonathan Parker of 20 Linden Street spoke in favor.
5. Mr. Rose of 25 Linden Street spoke in favor.
6. There was no opposition to this petition.
DECISION OF THE PETITION OF WILLIAM & ELIZABETH COOMBS REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 LINDEN STREET
page two
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 can 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 promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1. This Special Permit shall remain in full force and effect so long
as William and Elizabeth Coombs, or either of them, or any of
their children own 17 Linden Street and occupy the property.
2. All remaining conditions will stay the same as granted in
November 16, 1988 will still be effect.
SPECIAL PERMIT GRANTED
July 17, 1996 � %, C/, -tzr _
Joseph Ywuc
Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if anv, 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
PETITION IN SUPPORT
OF APPLICATION FOR AMENDMENT
OF SPECIAL PERMIT
BY
WILLIAM AND ELIZABETH COOMBS
To the Salem Board of Appeals :
The undersigned have reviewed the application to amend the
special permit issued by the City of Salem Board of Appeals to
William and Elizabeth Coombs on November 9, 1988 by deleting the
following condition:
"6. This Special Permit shall expire four (4) years from
the date this decision is issued; "
After meeting with Mr. and Mrs . Coombs we recommend that the
condition be restated as follows :
"6 . This Special Permit shall remain in full force and
effect so long as William and Elizabeth Coombs, or either of
them, or any of their children own 17 Linden Street and occupy
the property. "
Dated: July 1, 1996 .
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PETITION IN SUPPORT
OF APPLICATION FOR AMENDMENT
OF SPECIAL PERMIT
BY
WILLIAM AND ELIZABETH COOMBS
To the Salem Board of Appeals :
The undersigned have reviewed the application to amend the
special permit issued by the City of Salem Board of Appeals to
William and Elizabeth Coombs on November 9, 1988 by deleting the
following condition:
"6. This Special Permit shall expire four (4) years from
the date this decision is issued; "
After meeting with Mr. and Mrs . Coombs we recommend that the
condition be restated as follows :
"6. This Special Permit shall remain in full force and
effect so long as William and Elizabeth Coombs, or either of
them, or any of their children own 17 Linden Street and occupy
the property. "
Dated: July 1, 1996.
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c:\wpwin\Petition.WP
Petition
re: Application of William and Elizabeth Coombes for alteration of a
Special Permit granted in 1988 at 17 Linden St., Salem
We the undersigned are all residents of Linden St. who own and occupy single-
family homes in this R-2 District. We are concerned that the deletion of Condi-
tion#6 of the above mentioned Special Permit, which limited the permit to four
(4)years, would permanently create a 3-family dwelling on our block where the
majority of properties are single-family homes. We request that 17 Linden St.
remain a 3-family only so long as the Coombes or any of their children own and
occupy the property. Thank you for your consideration.
Name Address
ti�I)EA sr.
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July 15, 1996
Mr. Gary Barrett, Chairman
Salem Zoning Board of Appeals
One Salem Green
Salem,MA 01970
RE: Application of William and Elizabeth Coombes for alteration of a Special Permit granted in
1988 at 17 Linden St., Salem
Dear Mr.Barrett and Members of the Board of Appeals:
My husband and I are writing with regard to the Coombes application to delete Condition#6 of the
above mentioned special permit. The result of this change would be to permanently create a 3-
family dwelling on our block where the majority of properties are single family homes. We
request that 17 Linden St. remain a 3-family only so long as the Coombes or any of their children
own and occupy the property.
The Coombes home is a beautiful Second Empire Victorian which they have maintained In
excellent condition. Their home was one of the properties that attracted us to this neighborhod in
1994 and their care has set the standard that has made 3 units workable so for. If the property
were sold, new owners would bring no such protections. Should they not maintain the property as
well as the Coombes or not choose tenants as carefully,the burden of addressing these issues
would rest with us and other neighbors long after the Coombes have ceased to benefit from
owning 3 units. If the property is put up for sale,we feel it should be marketed as a 2-family to
keep the density in line with the majority of homes on the block. Thank you for your
consideration.
Sincerely,
Pebre Hilbert &Andrew Knapp
23 Linden St., Salem,
DATE OF HEARING
PETITIONER
LOCATION /
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
S EaH-F T T-NC'H•E-T-TE
NINA V. COHEN E
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
JOSEPH J.YWUC
CONDITIONS:
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We the undersigned do hereby waive all rights with regard to time
requirements for the Zoning Board of Appeal relative to hearing
the following application:
Property Location
Original Meeting date
New Meeting date
Signature of Petitioner and/or his/her Representative: