13 LINCOLN ROAD - ROWE, WILLIAM & NANCY - ZBA 13 Lincoln Rd. R-1
William & Nancy Rowe _
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DECISION ON TII E PETTTICIN OF WI=AM AND NANCY Ra E FOR A SPFT'>•ar
PM417 AT 13 LINCOLN ROAD (R-1 )
A hearing on this Petition was held June 6, 1989 with the following Boara P'Iembers
present: James Fleming, Chairman; Messrs. , Febonio, Dore and Labrecque. 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.
Petitioners, owners of the property, are requesting a Special Permit to allow
for the construction of an addition to their single family dwelling at 13 Lincoln
Road. The locus is in an R-1 district.
The provision of the Salem Zoning Ordinance which 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, expansion or enlargement 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 and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition. Several neighbors
sent letters indicating their support.
2. The addition is in harmony with the existing neighborhood.
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 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 will promote the public health, safety,
convenience and welfare of the City's inhabitants and will be in harmony
with the neighborhood.
DECISION ON THE PETITION OF WILLIAM AND NANCY ROWE FOR A SPECIAL
PERMIT AT 13 LINCOLN RD. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit as requested, subject to the following conditions:
1 . All construction be done as per the plans and dimensions submitted
to the Board of Appeal.
2. That the oetitioners adhere to the all the requirements of the Salem
Fire Department relative to fire safety.
3. All construction be in conformity to the requirements of the Massachusetts
State Building Code, and that the petitioners obtain a building permit and
a Certificate of Occupancy.
4. The exterior of addition be in harmony with the exterior of the existing
dwelling.
GRANTED
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James M. Fleming, Esq. , C rman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
1peal from this decision. if any, shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 803. and shall be filed within 20 days
,.!ter the date of filing of this decision in the office of the City Clark.
?.trsuant to Mass. General Lrus, Ch a o 808. S•;ctinn 11. the Variance
r.r Speci.o Permit ranto! herein -,h-.1 ,;;:take effect until a copy of the
"ectsion, bearing the cortification of I!ie City Clerk that 20 days have
-"npsed and no appeal has been bled, cr that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the rame or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
Apv2 - 1989 '
Re: 15X20 addition .to existing phopenty - 13 Lincoln Rd. , Saeem, Ma.
Dea& Mr. & Mrs. Jennings,
Silty and I would like .to have an addition, (bedhoom) o6 15X20 extending
6hom existing heat o6 house. Ouh existing sddetine now is 6' 6hom 11 A Lincoln Rd.
Zoning Code states .it ahoutd be 10' 6hom aide ne,ighboh, .thehe6ohe, we must go
.in 6nont o6 .the Boated o6 Appeals on Wednesday, May 31, 1989 as to adding what
.they call a "non-con6ohm.ing .6t&uc WAe."
The zoning code atzo suites .that .the addition should be 30' 6hom herrn.
neighboh, 22 Grant Rd. I.t witt be 45' .
16 you have no objection .to this addition, would you please sign this
tetteh.
GGAaate6u ty,
Bi -ty olid Nancy Rowe
13 Lincoln Rd.
Salem, Mass.
S.ignatuh.e
OnLP,O U
Note: You Witt be no.ti.6.ied by .the Boated o6 Appeals o6 .this meeting and it wilt
be pubti.ahed in .the Saeem Nem.
Apnit - 1989
Re: 15X20 addition to exi.6ting property - 13 Lincoln Rd., Salem, Ma.
Dear Mr. & Mrs. Burke,
B.iUy and I would like to have an addition, (bedroom) o6 15X20 extending
6rom exiAting hear o6 house. Our exizting side2.i.ne now .is 6' 6rom 11 A Lincoln Rd.
Zoning Code States it should be 10' 6rom side neighbor, theAe6o4e, we mu6t go
.in 6ront o6 the Board o6 Appeals on Wednesday, May 31, 1989 a6 to adding what
they call a "non-con6onm.ing Sttuetune."
The zoning code also States that the addition should be 30' 6rom rear
neighbor, 22 Grant Rd. It witt be 45' .
16 you have no objection to this addition, would you please Sign th,i.6
lettelc.
Grate6utly,
Bitty a Nancy Rowe
13 L ncotn Rd.
Sa.tem, Maas.
S.ignatft e: QQ
Note: You wilt be noti.6.ied by the Board o6 Appeal6 06 this meeting and .it wiU
be pubtizhed .in the Salem News.
Apniit - 1989
Re: 15X20 addition to exiAti,ng pxopen.ty - 13 1i.ncotn Rd., Satem, Ma.
Deat Mr. & Mrs. Arms,
B,iUy and I wound tike to have an addition, (bedn.00m) ob 15X20 extending
6hom exibti.ng heap o6 houze. OuA exizting 6.ideli.ne now i6 6' Jhom 11 A Lincoln Rd.
Zoning Code 6tate6 it 6houtd be 10' 4&om e.i.de ne.ighbon, thenebote, we moat go
.in bunt ob .the Board of Appea z on Wedne.6day, May 31, 1989 a6 to adding what
.they caU a "non-conbonm.ing st uctute.."
The zoning code atAo state6 that the addition 6houtd be 30' bnom %ea&
neighbor, 22 Grant Rd. It wilt be 45' .
Ib you have no objection to th.i.6 addition, would you please 6.ign Chia
CetteA.
�Gnn"tebutey,
Bi"y aL/iNancy Rowe
13 Lincoln Rd.
Salem, Maa6.
Signatu e: CW444-
Note: You wilt be' noti6.ied by the Boakd o6 Appeal6 of th.i6 meeting and .it Witt
be published :in the Satem New.
x
May 24, 1989
Board of Appeals
Salem, Ma.
Re: M/M William Rowe - 13 Lincoln Rd. , Salem - Special Permit
Thank you for the opportunity to come before this Board to explain what we
would like to do with our home which is located at 13 Lincoln Rd. , Salem, Ma.
Our home was built in 1935. It is located in a neighborhood consisting of similar
type dwellings.
It is our intent to add an addition approximately 15' X 20' to the rear
portion of the dwelling. Im order to do so at this time, we realize we must conform
to the present zoning codes - which differ from those under which the original
structure was built. The proposed addition will conform with all codes, except
the northeast sideline. This sideline has always been 61 . To maintain the
continuity of the present home, our proposed addition is going to run in a line
parallel to the existing sideline that now exists. We are 4' below the required
sideline set back.
We believe that due to the fact the original home is well situated in relation
to the other homes in our area the continuation of our home another 20' on this
sideline will not violate the spirit of the present requirements.
Furthermore, if we try to conform to the present code, the proposed addition
will not be aesthetically pleasing to us or our neighbors.
Having met all other requirements of our zoning codes, we feel that to deny this special
permit would cause us undue expense and delay that we believe this special permit will
not cause.
Therefore, we respectfully request an approval of our special permit
Thank you,
William and Nancy Rowe
S
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1
ApAi,e - 1989
Re: 15X20 addition to existing phopen.ty - 13 Lincotn Rd., Satem, Ma.
Deat Mr. & Mrs. Arms,
Bitty and I would Pike to have an addition, (bedAoom) os 15X20 extending
6Aom existing heax o6 house. OuA existing .6ide.Une now is 6' 64om 11 A Lincoln Rd.
Zoning Code states it bhoutd be 10' 6Aom side neighboA, theAe6one, we must go
.in 6Aont o6 the BoaAd o6 AppeatA on Wednesday, May 31, 1989 as to adding what
they catt a "non-conbonm.i.ng 6twctuAe."
The zoning code atso states that the addition 6houtd be 30' 6Aom AeaA
nei.ghbot, 22 Grant Rd. It wilt be 45' .
16 you have no objection to this addition, woutd you ptease sign this
CetteA.
CG.�Aa�te6uP.ty,
Utty Nancy Rowe
13 Linco4n Rd.
Salem, Mass.
S.cgnatun.e: l7+GLys' ('q a",
Note: Vou wlte be noti.6.ied by the Board o6 Appeat6 06 this meeting and .it wilt
be published :in the Satem Nem.
ApA.it - 1989
Re: 15X20 addition .to existing prop" - 13 Lineoen Rd., Satem, Ma.
Dem Mr. & Mrs. Jennings,
Bitty and I wooed tike to have an addition, (bedroom) 06 15X20 extending
Brom existing rear 06 house. OuA existing a.idetine now is 6' Brom 11 A Lincoln Rd.
Zoning Code states .it shoued be 10' 6rom side neighbor, there6ore, we must go
.in 6ront o6 .the BoaAd o6 Appeat6 on Wednesday, May 31, 1989 as to adding what
.they catt a "non-con6onm.ing st%uctAe."
The zoning code atzo states ,that .the addition shoutd be 30' 6Aom reaA
ne.ighboA, 22 Grant Rd. It wiee be 45'.
16 you have no objection .to .this addition, wowed you ptea6e sign .this
eetteA.
GAa te6utty,
Bitty a Nancy Rowe
13 Lincotn Rd.
Satem, Maas.
Signa tuAe:
Note: You wite be noti.6.ied by .the Board o6 AppeatA o6 .this meeting and .it wilt
be pubtiahed in the Satem New.
Apni.Z - 1989
Re: 15X20 addition tion to existing pnopel:.ty - 13 Lincotn Rd., Salem, Ma.
Dean Mr. & Mrs. Burke, `
Bitty and I woutd tike to have an addition, (bedroom) 06 15X20 extending
6n.om existing rear o6 house. Our existing sideline now is 6' 6rOm 11 A Lincoln Rd.
Zoning Code states it 6houtd be 10' 6rom side neighbor, theAe6ore, we must go
.in tont o the Boartd o Appeals on Wednesday, May 31 1989 as to adding what
6
6 6 pp N, N n9
they call a "non-con6onming structure."
The zoning code also states that the addition 6houtd be 30' 6rom rear
neighbor, 22 Grant Rd. It will be 45' .
16 you have no objection to this addition, would you ptease sign this
tetter.
G/uxte6weey,
B.iUY Nancy Rowe
13 Lincotn Rd.
Salem, Mass.
S.ignatvAe:
�PCJ U
Note: You w.itt be noti6.ied by the Boalid o6 Appeals o6 this meeting and it wit t
be pub2.ished .in the Satem News.
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DATE REG. PROF. E �SURVEYOA SCALE: 1 °AZO ' MARCH 15 1989
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REFERENCE.*
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