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17 LINDEN STREET - BUILDING INSPECTION * . Y STREET Ot CY t of Salem, ��ttssttcltusetts x j 9 �Bnttrd of rAvpeal 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. J 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 j, 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 3 Cnitg of #Ulem, mafisac4usetts Ilublic property i9epartment Nuilbing Department (One 6i lem (6rern 508.745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 8 , 1996 Robert LeDoux City Solicitor Salem, Mass . 01970 RE : tl�inden Streetl, Dear Mr. LeDoux : Would you please peruse the enclosed, to determine whether 17 Linden Street should or should .not be considered a legal two ( 2 ) family dwelling . I find the matter to be confusing and I have no documents stating the fact of its legal use . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning Enforcement Officer LET: scm TINTI , QUINN & SAVOY 222 ESSEX STREET SALEM. MASSACHUSETTS 01070 WILLIAM J. TINTI SCOTT M. GROVER WILLIAM F. QUINN MARK W. HARRETT RICHARD E. SAVOY @OB)>a S-H095. >aa-20aB.>41-a2al MARC P. FREY FAX(30 B) 745-0380 PETER R. MERRY PAULA J. POPEO RICHARD W. STAFFORD MAURA J. O'GORMAN JEFFREY A. SCHREIBER OF COUNSEL November 8 , 1988 Salem Board of Assessors 91 Washington Street Salem, Massachusetts 01970 Re : 17 Lindeph street Dear Board Members : It has come to our attention that the property which we own at 17 Linden Street , is currently classified as a single family residence according to your records . This letter is to inform you that the principal dwelling on the property includes a small basement apartment . Please contact us if you would like to visit and inspect the property to confirm this representation and correct your records accordingly. Very truly yours , William and Elizabeth Coombs by their attorney: Richard W. Stafford RWS/sji SALASSR/RWS cc: William and Elizabeth Coombes Jim Fleming Salem Board of Appeals GELINEAU, STAFFORD AND KLINE A'CTORNEYS AT LAW 133 WASHINGTON STRLE'C SALEM. MASSACHUSETTS 01970 TELEPHONE (508) 741-2002 FAX (508) 745-6909 July 1, 1996 Leo E . Tremblay Zoning Enforcement Officer City of Salem One Salem Green Salem, Massachusetts 01970 Re: 17 Linden Street Dear Mr. Tremblay, Mr. and Mrs . Coombs have forwarded to me your letter dated June 19, 1996 regarding the existence of a basement apartment at 17 Linden Street . The records at your office did not indicate more than one unit in the main house on the property. Eight years ago, Mr. and Mrs . Coombs applied for a Special Permit to convert a carriage house to a dwelling unit . At the time of the original public hearing the Coombs were asked to document for the benefit of the Board of Appeals the existence of the second unit in the basement of the main house. I am enclosing a copy of the opinion and supporting documents which were submitted to the Board of Appeals at that time. The originals should be in the Board' s files . The Board, after reviewing the documentation, was satisfied that the main house was, and had been for a considerable time, a legal two family dwelling . Mr. and Mrs . Coombs notified the Assessors Office in accordance with the instructions of the Board of Appeals, and have been assessed as a legal two family with a carriage house dwelling since at least that time. Please let me know if any questions remain regarding the status of the property after you have reviewed these documents . Sincerely, Richard W. Stafford, q. c:\wpwin\ltrccom2.wp I` TINTI , QUINN & SAVOY 222 ESSEX STREET SALEM, MASSACHUSETTS 01870 WILLIAM J. TINTI SCOTT M. GROVER WILLIAM F. QUINN MARX W. BARRETT (SOB)743-8003,744-2 Bab.>a1-6241 RICHARD E. SAVOY FAX(30 B)>a 3-0030 MARC P. FREY PETER R. MERRY PAULA J. POPEO RICHARD W. STAFFORD MAURA J. O'GORMAN JEFFREY A. SCHREIBER OF COUNSEL November 8 , 1988 Salem Board of Appeals One Salem Green Salem, Massachusetts 01970 Re : 17 Linden Street Carriage house Conversion Dear Members , At the public hearing held on September 28 , 1988 on the above-referenced special permit application, the Assessor ' s records indicated that the property was classified by the Assessors as a single family residence. The owners stated in their application for a special permit that the principal dwelling on the property included a basement apartment. The public hearing was continued at the request of the applicants to clarify zoning compliance of the current use and to correct the zoning classification of the property if necessary. I . ZONING COMPLIANCE The property is located in an R-2 District . Two family dwellings are permitted as of right in the R-2 District; two family dwellings have been permitted at this location since at least 1952 . The actual use of the property as a two-family was well established by 1940 . At that time the polling records for the City of Salem identified the following voters residing at 17 Linder. Street : 1940 : Josephine & George Barron 1950 : John & Mary Devitt Delia, Wiliam & Mary O 'Neil Carrcll Bishop Further, an abutting neighbor, Richard Dracon, an electrician , did work on the electrical system at the premises and observed the elements of the basement apart-ent (see letter attached) . while the Coombes predecessor in title , Mary Devitt apparently did nog rent out the basement apartment in her final years of ownership , that non-use did not result in a Salem Board of Appeals November 8 , 1988 Page 2 constructive abandonment since two family use was a permitted use as of right, and not by virtue of prior non-conformity or special permit or variance . The use of the dwelling by the Coombes as a two-family, since their purchase in 1978 is consistent with their then permitted uses under zoning. II . ASSESSOR' S RECORDS The property has been classified as a single family since 1973 when the City conducted its first revaluation. At that time , Mary Devitt, an elderly widower, occupied the property as a single family, although the property could have been legally occupied as a two-family as it had been previously. There does not appear to have been another on-site inspection since 19'3 . There is nothing on the standard real estate tax bill to indicate the classification of the property as a single or two-family residence. Consequently, the Coombes were unaware of the actual classification of their property, other than as residential. At the Coombes ' direction, I have delivered a letter to the Salem Board of Assessors advising the Board of the basement apartment located on the property (see copy attached) . III . CONCLUSION The principal dwelling on the premises is zoned for two-family use as of right under the Zoning Ordinance of the City of Salem and has been so historically . In addition, the current zoning provides for the conversion of certain carriage houses to single dwelling units upon issuance of a special permit by the Board of Appeals . The applicant at the public hearing submitted evidence that the carriage house meets the criteria established by the zoning ordinance as prerequisites to the grant of a special permit. ' The applicant was not aware of the classification of the property as a single family , and nothing on the face of the real estate tax bill would provide notice of that classification . The applicant has notified the Board of Assessors of the actual use of the property as including a basement apartment . At the public hearing , a petition was submitted evidencing strong neighborhood support for the grant of the special permit. Only one person appeared in opposition , and that person who owns an abutting property on Laurel Street, does not reside at the premises . The visual impact on that abutting property Salem Board of Appeals November 8 , 1988 Page 3 resulting from the grant of the special permit would be de minimus . For all of the above reasons , the Applicants ask that the Board grant the requested Special Permit. William and Elizabeth Coombes by their attorney: / IA 41 'Richard W. Stafford RWS/sji attachments BDAPLS/RWS CC: Jim Fleming William and Elizabeth Coombes 17 .12- '74 IJI Nov 10 3 oa r Tit" of ttlPm, � ttssttthusPtts ,tP �VDBLD 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 Strou: Notice of the hearing was sent to abutters and others and notice of the hearir were properly advertised in the Salem Evening News in accordance with Massachi General Laws Chapter 40A. Petitioners, owners of the property, are requesting a Special Permit to conver 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 Boar of Appeal may, in accoraance with the procedure and conditions set forth in Se VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or exoansior of nonconforming lots, land, structures, and uses, provided, however, that suc change, extension, enlargement or expansion shall not be substantially more dE mental than the existing nonconforming use to the neighborhood. • In more genera'_ terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a findin€ by the Board that the grant of the Special Permit will promote the public heal safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented and after viewing the Pict plan. -sakes the following findings of fact: 1 . Several abutters and neighbors signed a petition in favor of this conversi 2. One abutter was opposed but changes were made to satisfy his opposition; 3. Evidence presented indicated that this carriage house is an historic carriage house as defined by the Salem Zoning Ordinance and can therefore be converted to a single famil_: dwelling by Special Permit. On the basis of the above findings of fact, and or, the evidence presented at the hearing, and on the findings of fact, the Board of Appeal concludes as fol. 1 . The relief requested can be granted without substantial detriment to the public good and without nullifving or substantially derogating from the in of the district cr the purpose of the Ordinance. 2. The granting of the Special Permit reouested with be in harmony with the . neighborhood and will promote the convenience and welfare of the City's inhabitants. a DECISION ON THE PETITION OF WILLIAM & ELIZABETH COOMBS FOR A SPECIAL PERX:T AT 1" LINDEN ST. , SALEM page two • Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Specia- 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 includinf 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 ==rmit shall expire four ( 4 ) years from the date this cecision 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, Memcer, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK FR'11 THIS DECI5176_ IF ANY, S!i4_1 BE VADE PURSCAYT TO —77'1 li PF TeF r_• . ....5. C5'.P72 c ...., Sh=.LL B: F.I.E: 1'..':i. DRiS A'-a'. JF ThZ '.!T'i C_:R6 SSi/ . : .YS"1Yil� h11: b. #31�� F.i.:_n_ vil h; RE:;.�E r EC. �..�r is C:J u.,..[RS „_.-aiF ii.,.. Olt, Nd es 7 0' IB� BOARD OF AVP Sni r ��\ C�iiu Qf ttiem. 4ttssarhUgetts Pubiirrapertn Be}tartment ig3uilbina Bepartment (Ont i�altm Oirttn 509-735-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 19 , 1996 William M. & Elizabeth A. Coombes 17 Linden Street Salem, :-?ass . 01970 RE : 17 Linden Street Dear Mr . & Mrs . Coombes : It has come to the attention of this office that you have an illegal basement apartment at the above mentioned location . Our records show this property as having a legal one unit dwelling at 17 Linden Street and a one unit dwelling in the rear of the property as a carriage house unit . You must file papers with the City of Salem Board of Appeals to legalize the second unit at 17 Linden Street or you must have said illegal apartment vacated . Please contact this office within ten ( 10 ) days upon receipt of this letter as to what course of action you will take to rectify this matter . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter . Sincerely, i Leo E . Trembla ' Zoning Enforcement Officer LET: scm cc: Councillor Kelley , Ward 5 Titg of ltmlem, fnaliac meetts Public Vrupertg Department Nuilbing Department (One *stem Trcm 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 19 , 1996 William M. & Elizabeth A. Coombes 17 Linden Street Salem, Mass . 01970 RE : 17 Linden Street Dear Mr . & Mrs . Coombes : It has come to the attention of this office that you have an illegal basement apartment at the above mentioned location . Our records show this property as having a legal one unit dwelling at 17 Linden Street and a one unit dwelling in the rear of the property as a carriage house unit. You must file papers with the City of Salem Board of Appeals to legalize the second unit at 17 Linden Street or you must have said illegal apartment vacated. Please contact this office within ten ( 10 ) days upon receipt of this letter as to what course of action you will take to rectify this matter . Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Trembla Zoning Enforcement Officer LET: scm cc : Councillor Kelley, Ward 5 r b Nor 1 ti 3 00p" f/! 8d // Ctu of �Z1Pm, MSSHthusetto Fit POHID of � Fpezij "TY 'L, _ 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 detri- mental 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 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; 3. Evidence presented indicated that this carriage house is an historic carriage house as defined by the Salem Zoning Ordinance and can therefore be converted to a single family dwelling by Special Permit. On the basis of the above findings of fact, and on the evidence presented at 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. J 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 / GUS Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK AFPF=! FRO:l THIS DEM11N. IF ANY. SHALL BE MADE PURS"ANT TO SE"T'@9 17 OF THE —G `P..4 L.'N1S. CHl.PTER i.'. AN" SH;.U_ BE F.__i; WITnC� :C DA.7S ARS THC G:L .. T!i'S GE_ISIJ'I H: 75E OF`iCE OF THE CITY CLERI,_ SEC..i. li Tli: 1 ..._. ... ... .-c.. H=Sa :. . F< V!.rA A CCs. N -'!YS'yy�319 -kiloti . , C $3113 REC-hfi Un IS RELJRv L AND NCED ON '.HE O":�ERS �EkTIFICATL D: ..TiE �1 �� 7 BOARD OF APPEAL js TINTI, QUINN & SAVOY 222 ESSEX STREET SALEM, MASSACHUSETTS 01970 WILLIAM J. TINTI SCOTT M. GROVER WILLIAM F. QUINN MARH W. BARRETi RICHARD E. SAVOY (508)745-6085.744-2948.741-4241 FAX(508)745-3369 MARC P. FRE Y PETER R. MERRY PAULA J. POPEO RICHARD W. STAFFORD MAURA J. O-GORMAN JEFFREY A. SCHREIBER OFCOUNSEL December 13 , 1988 c7 0 m V)C-7 C I*M Salem Board of Appeals m m One Salem Green Salem, Massachusetts 01970 v _ y (9 N CO Re: 17 Linden Street Carriage House Conversion Dear Members of the Board: Enclosed for your records is the response of the Board of Assessors relative to the Carriage House Special Permit for 17 Linden Street granted by the Salem Board of Appeals at its November 9, 1988 meeting. Please let me know if I can be of further assistance. William and Elizabeth Coombes bypptheir attorney:, 6�"1 Richard W. Stafford RWS/sji attachments BDAPL•S2/RWS cc: William H. Munroe, Bldg. Inspector BOARD OF ASSESSORS „ 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970 (617)745-9595 Ext.261 3 f x e ,r • :F3 fJ � November 28, 1988 C') UD C3 r r "rnrr e cn rr C13 Z in— n r{n N CX> Attorney Richard W. Stafford Tinti, Quinn & Savoy 222 Essex Street Salem, MA 01970 Re: 17 Linden Street Dear Richard: Please be advised that based on the guidelines established by the Commissioner of Revenue to revise property tax assessments under the provisions of Chapter 59, Section 76, the Board can no longer revise the assessment of this property for any year prior to fiscal year 1989. The deadline for adjusting fiscal year 1988 assessments was June 20, 1988. t ul yours, Peter M. Caron Chairman PMC:mjg BOARD OF ASSESSORS 311LO1NC DEPT 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970 (617)745-9595 Ext.261 •, �J Ju;l 101 10 19 AM '89 RECEIV�0 CITY Or SALEM.HiASS. June 13, 1989 Mrs. Josephine R. Fusco City Clerk City of Salem Salem, MA 01970 Dear Mrs. Fusco: Please be advised that the carriage house atLin_den_S_treet which is being converted into a single family residence has been assigned the mailing address of-T7;Rear_Linden-Street Ver t u yours, Peter M. Caron Chief Assessor PMC:mjg cc: Joseph J. Leccese, Postmaster Chief Joseph F. Sullivan, Fire department Margaret R. Hagerty, Principal Clerk, Water Dept. A—William H. Munroe, Inspector of Buildings Engineering Dept. , City of Salem William & Elizabeth Coombes, 17 Linden St. , Salem M Novto ,✓ j , o.ngtb r D© 11l 'UO Ctu of �$ulem, ttsstttljusetts F,Le paura of Appeal ;ITY 13LE, =ss. DECISION ON THE PETITION_ OF WILLIAM_&_,ELIZABETH COOMBS FOR A SPECIAL PERMIT AT. 1� 7 LINDEN_ST. O'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 detri- mental 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 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; 3. Evidence presented indicated that this carriage house is an historic carriage house as defined by the Salem Zoning Ordinance and can therefore be converted to a single family dwelling by Special Permit. On the basis of the above findings of fact, and on the evidence presented at 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. 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 IJ Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK UPF-'L FRO41 THIS DEC!SIO1:. IF ANY, SHALL BE MADE PORS'ANT TO S CT':'; 17 OF THE F _. GvER�L I-A1%S. CH.'.FTF2 2._. ACD SH,;LE SE F'_c WITH!" 76 DAaS AI THE E,.E iF F;!; ,- 7 I'S I!; .L-!i''S DE J.S'J': I:: 79- OFFICE OF THE CITY C'-'RK. SEC;; 11 i. E F. f. EF I-;T L'.GL A. CCF __... ._ I_ LF 'Ili _c _:: !`' SS�e. .. ,rS'yy319 A119 b- f IT R u_Y S L 1 _ L REC-ni Ori IS RE -rD_:. AND NO U, 1F,. Ohv;ER v 7, LE BOARD OF AFPSAI w \ /\ ,�j�� TINTI, QUINN & SAVOY 222 ESSEX STREET SALEM, MASSACHUSETTS 01970 WILLIAM J. TINTI SCOTT M. GROVER WILLIAM F. QUINN MARK W. HARRETT RICHARD E. SAVOY (508)745-8085,744-2948.741-4241 FAX(508)745-3389 MARC P. FREY PETER R. MERRY PAULA J. POPEO RICHARD W. STAFFORD MAURA J. O'GORMAN JEFFREY A. SCHREIBER OF COUNSEL November 8 , 1988 r - e Salem Board of Assessors 91 Washington Street Salem, Massachusetts 01970 Re : 17 Lindej,,, street Linde , Dear Board Members : It has come to our attention that the property which we own at 17 Linden Street, is currently classified as a single family residence according to your records . This letter is to inform you that the principal dwelling on the property includes a small basement apartment . Please contact us if you would like to visit and inspect the property to confirm this representation and correct your records accordingly. Very truly yours , William and Elizabeth Coombs by their attorney: Richard W. Stafford RWS/sji SALASSR/RWS cc : William and Elizabeth Coombes Jim Fleming Salem Board of Appeals GELINEAU, STAFFORD AND KLINE ATTORNEYS AT LAW I33 WASHINGTON STREET SALEM, MASSACHUSETTS 01970 TELEPHONE (SOS) 741-2002 FAX (508) 745-6909 July 1, 1996 Leo E. Tremblay Zoning Enforcement Officer City of Salem One Salem Green Salem, Massachusetts 01970 Re: 17 Linden Street Dear Mr. Tremblay, Mr. and Mrs . Coombs have forwarded to me your letter dated June 19, 1996 regarding the existence of a basement apartment at 17 Linden Street. The records at your office did not indicate more than one unit in the main house on the property. Eight years ago, Mr. and Mrs . Coombs applied for a Special Permit to convert a carriage house to a dwelling unit. At the time of the original public hearing the Coombs were asked to document for the benefit of the Board of Appeals the existence of the second unit in the basement of the main house . I am enclosing a copy of the opinion and supporting documents which were submitted to the Board of Appeals at that time. The originals should be in the Board' s files . The Board, after reviewing the documentation, was satisfied that the main house was, and had been for a considerable time, a legal two family dwelling. Mr. and Mrs . Coombs notified the Assessors Office in accordance with the instructions of the Board of Appeals, and have been assessed as a legal two family with a carriage house dwelling since at least that time . Please let me know if any questions remain regarding the status of the property after you have reviewed these documents . Sincerely, Richard W. Stafford, q. c:\wpwin\1trccom2.wp TINTI, QUINN & SAVOY 222 ESSEX STREET SALEM, MASSACHUSETTS 01970 WILLIAM J. TINTI SCOTT M. GROVER WILLIAM F. QUINN MARK W. BARRETT RICHARD E. SAVOY (508)745-8085,744-2948.'141-4241 FAX(508)745-3388 MARC P. FREY RICHARD PETERR. MERRY PAULAJ. POPEO RICHARD W. STAFFORD MAURA J. O'GORMAN JEFFREY A. SCHREIBER OF COUNSEL November 8 , 1988 Salem Board of Appeals One Salem Green Salem, Massachusetts 01970 Re: 17 Linden Street Carriage House Conversion Dear Members , At the public hearing held on September 28 , 1988 on the above-referenced special permit application, the Assessor' s records indicated that the property was classified by the Assessors as a single family residence . The owners stated in their application for a special permit that the principal dwelling on the property included a basement apartment. The public hearing was continued at the request of the applicants to clarify zoning compliance of the current use and to correct the zoning classification of the property if necessary. I . ZONING COMPLIANCE The property is located in an R-2 District. Two family dwellings are permitted as of right in the R-2 District; two family dwellings have been permitted at this location since at least 1952 . The actual use of the property as a two-family was well established by 1940 . At that time the polling records for the City of Salem identified the following voters residing at 17 Linden Street: 1940 : Josephine & George Barron 1950 : John & Mary Devitt Delia, William & Mary O 'Neil Carroll Bishop Further , an abutting neighbor, Richard Dragon, an electrician, did work on the electrical system at the premises and observed the elements of the basement apartment (see letter attached) . while the Coombes predecessor in title, Mary Devitt apparently did not rent out the basement apartment in her final years of ownership, that non-use did not result in a Salem Board of Appeals November 8 , 1988 Page 2 constructive abandonment since two family use was a permitted use as of right, and not by virtue of prior non-conformity or special permit or variance. The use of the dwelling by the Coombes as a two-family, since their purchase in 1978 is consistent with their then permitted uses under zoning. II . ASSESSOR'S RECORDS The property has been classified as a single family since 1973 when the City conducted its first revaluation. At that time, Mary Devitt, an elderly widower, occupied the property as a single family, although the property could have been legally occupied as a two-family as it had been previously. There does not appear to have been another on-site inspection since 19;3 . There is nothing on the standard real estate tax bill to indicate the classification of the property as a single or two-family residence. Consequently, the Coombes were unaware of the actual classification of their property, other than as residential. At the Coombes ' direction, I have delivered a letter to the Salem Board of Assessors advising the Board of the basement apartment located on the property (see copy attached) . III . CONCLUSION The principal dwelling on the premises is zoned for two-family use as of right under the• Zoning Ordinance of the City of Salem and has been so historically. In addition, the current zoning provides for the conversion of certain carriage houses to single dwelling units upon issuance of a special permit by the Board of Appeals . The applicant at the public hearing submitted evidence that the carriage house meets the criteria established by the zoning ordinance as prerequisites to the grant of a special permit. The applicant was not aware of the classification of the property as a single family, and nothing on the face of the real estate tax bill would provide notice of that classification . The applicant has notified the Board of Assessors of the actual use of the property as including a basement apartment. At the public hearing, a petition was submitted evidencing strong neighborhood support for the grant of the special permit. Only one person appeared in opposition, and that person who owns an abutting property on Laurel Street, does not reside at the premises . The visual impact on that abutting property Salem Board of Appeals November 8 , 1988 Page 3 resulting from the grant of the special permit would be de minimus : For all of the above reasons , the Applicants ask that the Board grant the requested Special Permit. William and Elizabeth Coombes by their attorney , `Richard W. Stafford RWS/sji attachments BDAPLS/RWS CC : Jim Fleming William and Elizabeth Coombes _v � EY- . t5 " b - !t,�✓ G�IyL+.c Pmt-+ �C/�L /.�� J J i J � f 16 TitV of �$ alem, C�ttssarhU5dfs - L 00 tw 16 �Bnarb of ckppzal 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 Massachuset 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 Sectic 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 detri- mental 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 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; 3. Evidence presented indicated that this carriage house is an historic carriage house as defined by the Salem Zoning Ordinance and can therefore be converted to a single family dwelling by Special Permit. On the basis of the above findings of fact, and on the evidence presented at 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. DECISION ON THE PETITION OF WILLIAM 8 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 I le Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. AF'r EtL FR091 THIS DEC!SIOI.. IF ANY, SHWU 8E MADE PURSJ0T TO S._i .9 li Cr THE .. Cu(.FT'R . A11� ShUL Bt `'l.E. ClIL,C% �o DA7S THE ---L .. .. DES'S':.': IN T OFR:,E OF THC GITY C'_ERI, C.•`I L" o..? � . SEC I IT'I° . ... ,. _.. .. .. Ei:--:T U'.r..i A Cc:. eS"JY310 A11917 #3111 ku n5 un IS RS7S A. J NI] N.NER S rt Ick;CL :LE k1l BOARD OF AUCA, ofttlern, ttsttru�etts Publir 11ropertg igepttrtment Nuilaing Department (*ne dalem Green 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 19 , 1996 William M. & Elizabeth A. Coombes 17 Linden Street Salem, Mass . 01970 RE : 17 Linden Street Dear Mr . & Mrs . Coombes : It has come to the attention of this office that you have an illegal basement apartment at the above mentioned location . Our records show this property as having a legal one unit dwelling at 17 Linden Street and a one unit dwelling in the rear of the property as a carriage house unit . You must file papers with the City of Salem Board of Appeals to legalize the second unit at 17 Linden Street or you must have said illegal apartment vacated . Please contact this office within ten ( 10 ) days upon receipt of this letter as to what course of action you will take to rectify this matter . Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter . Sincerely/,, �C/�cl�•v�.�-LCL„/ Leo E . Trembla ' Zoning Enforcement Officer LET: scm CC : Councillor Kelley, Ward 5 Tit" of ``Salem, CTttssarbusetts Pnttra of �upeal DECISION ON THE PETITION OF WILLIAM & ELIZABETH CGOMBS,REQUESTING�,k ` ...k SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 IL NDEN STREET (R-2) L 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 j , 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 . Special Permit for 17 Linden Street as William & Elizabeth Coombs 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 /� �Sc ) oseph Ywuc Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE C17Y CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of YCL Chapter 40A and shall be filed within 20 days after the date 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 Tit'.e. Board of Appeal