17 LINDEN STREET - COOMBS, WILLIAM & ELIZABETH - ZBA 17 Linden St. R-2
William & Elizabeth Coombs
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TINTI, QUINN & SAVOY
222 ESSEX STREET
SALEM, MASSACHUSETTS 01970
WILLIAM J. TINTI SCOTT M. GROVER
WILLIAM F. QUINN MARK W. BARRE2T
RICHARD E. SAVOY (500)745-8065.744-2948,741-4241
FAX(508)745-3369 MARC P. FREY
PETER R. MERRY PAULA J. POPEO
RICHARD W. STAFFORD MAURA J. O•GORMAN
JEFFREY A. SCHREIBER
OFCOUNSEL
December 13 , 1988
Salem Board of Appeals
One Salem Green
Salem, Massachusetts 01970
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
by their attorney:
Richard W. Stafford
RWS/sji
attachments
BDAPLS2/RWS
cc: William H. Munroe, Bldg. Inspector
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BOARD OF ASSESSORS
93 WASHINGTON STREET. CITY HALL, SALEM, MASSACHUSETTS 01970 (617)745-9595 Ext.261
a� s
November 28, 1988
Attorney Richard W. Stafford
Tinti, Quinn 6 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
ents was June 20, 1988.
(5E
Peter M. Caron
Chairman
PMC:mjg
No 16
b . (�1itV of �ttlfm, �n99UC U6dt9 F,,le�. 3 00 r g�
Poara of �kppeal cirr ez<<;t
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.
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 THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MAc C.
GENERAL LA'VIS. CHAPTER 8C8, AND SHALL BE FLED WITHIN 20 DAYS AFTER THE DATE OF NLING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
FU?S.: TO -";ASS, 1,E - CHAP!ER 808 SEC-, :�N 11.. THE nc c . , FR"IT
i.RANI ED HEREI:i, SHALL N.: ('.RE EFFECT WITIL A COPY OF THE DEC: BE'R:it - n :FIT
Fii:AT -r OF THE -ii l rz:. !- - C DA"S ri 1E ELAPSE, NO A'-P aL h�� F'T!l FILED,
-yZt319 A113 'Ili n F IF SJ R: f.Y '-: ° b r r _ Tr'. ij -,'S DIS . R C d
1N T. - S J H E;5_, R-;IS Rf CF DEEDS AN'.) ?+✓EXED Oi - IF_ I.;:' E OF i s, _F
X33111 OF RECu RD OR IS RECORDE5 AND NCiED ON THE OWNER CERTIFICATE OF TITLE.
BOARD OF APPLAI
TINTI, QUINN & SAVOY
222 ESSEX STREET
SALEM, MASSACHUSETTS 01070
WILLIAM J. TINTI SCOTT M. GROVER
WILLIAM F. QUINN MARK W. BARRETT
RICHARD E. SAVOY (503)745-8005,744-2948,741-4241 MARC P. FREY
FAX(508)745-3369
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
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 1973 . 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
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• POST OFFICE BOX 865 SALEM, MASSACHUSETTS 01970 / PHONE (617) 745-0799 ; _• N
s
17 LINDEN STREET
Built by
JOHN P. LANGMAID, lumber dealer
in 1872
Research by,
Joyce King
February 1988
"to preserve Historic Sites, Buildings and objects,
and to work for the education of the community -
in the true value of the same." -
17 LINDEN STREET
v
a s
'x,. r-f ..,; .c x•cc,.x Wt5 v ..5y tsda .ysp• _a^.'n`2yey�yg#a t -r °�^* `J . -!° P ra;i
"BOOK 6489 PAGE 660 '
T N M
.. .. -.. ._ _ .. nom.. ..
DATE' - July 7, 1978"
CONSIDERATION $38,500
GRANTOR - (seller ) Richard E. Daly, adminiiErator .
of the estate of Mary E. Devitt
GRANTEE (buyer) - William N. and Elizabeth A. Coombs
DESCRIPTION Land and buildings
PREVIOUS REFERENCE - The same premises conveyed to Mary E.
Devitt by deed on August 3, 1942 as
recorded in ,book 3306 page 581.
_� . --
_
P BOOK 3306 PAGE 581
DATE August 3, 1942
CONSIDERATION None listed" (mortgage $3,900)
GRANTOR (seller) Five Cent Savin gµBank ,
GRANTEE (buyer ) - Mary E. Devitt
DESCRIPTION - Land and buildings '
PREVIOUS REFERENCE - For title see book 3020 page 342.
BOOK 3020 PAGE 342
DATE - December 20, 1934
MORTGAGE FORECLOSED - as conveyed to the Five Cent Savings
Bank by Eugene T. Redmond on August 4, -
1915 as recorded in book 2305 page 75.
BOOK 2305 PAGE 75
DATE - August 4, 1915
MORTGAGE - Eugene T. Redmond to-Five Cent
Savings Bank -
PREVIOUS REFERENCE - The same premises .conveyed by
Ellen L. Harrington on May 1 , 1911 °
as recorded in book 2082 page 381 . _ -
BOOK 2082 PAGE 381
DATE
May - 1, , 19li
$1
CONSIDERATIO]
GRANTOR (seller) Ellen Harrin
widow-�
gton,
GRANTEE (buyer) Eugene T. Redmond
DESCRIPTION La�nd and buildings
PREVIOUS REFERENCE Being one of two lots conveyed to
John P. Langmaid by Nathaniel Wiggin
et al on November 5, 1870 as recorded
in book 810 page 46. For my title
reference the estate of John P.
Langmaind and deed of Frank A.
Langmaid to me, as recorded. in book
1794 page 31 �
BOO� 179-4---PAGE 31
DATE September 1905
CONSIDERATION $1
GRANTOR (seller) Frank A. Langmaid
GRANTEE (buyer ) Ellen Harrington, widow
DESCRIPTION Land and buildings
REFERENCE My -1/2 -part as son and heir of-
John- P. Langmaid.
l
BOOK 810 PAGE 46
L:
DATE - November 5, 1870
CONSIDERATION $3, 500.70
GRANTOR (seller) - E Nathaniel Wiggin; James"Almy and
Charles Clark _.
GRANTEE (buyer ) John P. Langmaid
DESCRIPTION - Land
d00 �
eT
� J
300 -
p�q r '0/
Reference to book and page are deed books at the Registry . of
Deeds . Probate numbers are cases at Probate Court. All
maps this report are for illustrative purposes and are not
meant to be exact .-
r
December 24, 1904 The Salem Eve_ ning .News
t
elf
J P LANGMAID DIED TODAY w
�.
- "John P Langmaid, a leading lumber dealer in Salem, and a
well known business man in eastern Massachusetts, died at his
home, 17 Linden street, this morning . He' had been in rather
poor health for some time.
Mr . Langmaid as born in Chichester , N. H. April 24, 1818, and
was educated in the public schools of that town. At the age of .
18, with $12 in his possession, of which $5 was borrowed, he
left his home for Boston, where he secured employment in the
house of correction. He was an overseer in that institution
for seven years. He- received his board and $300 per annum. _
When 25 years old he returned-to his home in New Hampshire, -
and in 1844 came to Salem, where he has resided since. For 16
years he was foreman of -David Buffum' s -planing mill.- -In 1860
he established himself in the lumber business and up to.- this
time has been a conspicuous figure in the building trade. Many
of the fine residences and blocks -in--Salem, Marblehead,
Peabody, Beverly and other places- are monuments of his
foresight -and enterprise . -
Mr . Langmaid was _also' widely known for his benefactions, .
although much of his charity has been bestowed in a private
13 -
x
way. He gave the bell in the Metholdist church at Chichester,
N H. in memory of his parents, and a $4000 organ to the Wesley
in M.E. Church, Salem in commemoration of hisfattierand mother.
He was a generous contributor to the Y. M. C. A of Salem and
to church and mission work .
For 16 years he was treasurer of Essex lodge, I . 0. O. F. and
gave his entire salary, amounting to several hundred dollars,
to the widows and orphans of members of the order . When he
retired from the post of treasurer he was presented a valuable
clock by the members.
Mr . Langmaid married Miss Rebecca M. Taylor , daughter of
Capt. David Taylor of Derry, N. H. She was matron of the house
of correction in South Boston when. he wedded her . She died in
1690. - Mr . Langmaid- has been the -father of three children, .John-
H. , -who died .a few years ago and Frank A. Langmaid of this
city, and- Mrs . Ellen Harrington. He also leaves several
- grandchildren: -
That Mr . Langmaid always was an industrious man goess -without
saying, and he is widely known for his integrity. He
_ . attributed his success in life largely to promises made to his
mother when-he- left home in 1836 , that he would never -use
liquor or tobacco and would do his best to keep out. of bad
company.
Mr . Langmaid leaves two brothers, Warren P. of Cochituate and
Alfred Of Rockport. "
DATE DOCUMENTATION:
17 LINDEN STREET
As shown in the chain of title, John P. Langmaid purchased this
lot of land, along with the land at 266-268 Lafayette Street,
on November 5, 1870. Mr. Langmaid built a house on the
Lafayette St. portion, for his sons Frank and John H. , shortly
after purchasing the property.
On July 19, 1872, a building permit was issued to John P.
Langmaid to erect a two story dwelling house, with a French
roof, on Linden St. When this building was completed Mr.
Langmaid moved from his former residence, at 42 Charter St. ,
into his new home at 17 Linden St.
A barn was added to the estate before 1874, as it appears in
the Atlas for that date (enclosed) .
The Federal Census for 1880 shows the Langmaid household, at 17
Linden St.
Langmaid John P. age _61 Lumber dealer, born N.H. _
" Rebecca M. age_62 wife;--keeping house, born- N.H.
Boudre0w Delia age , 23y_ servant, born Nova Scotia
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TINTI, QUINN & SAVOY
222 ESSEX STREET
SALEM, MASSACHUSETTS 01970
WILLIAM J. TINTI SCOTT M. GROVER
WILLIAM F. QUINN MARK W. BARRETT
RICHARD E. SAVOY (308)745-8065,744-2948.741-4241
FAX(508)045-3389 MARC P. .
PETER R. MERRY PAULA J. POP POPEO
RICHARD W. STAFFORD MAURAJ. O'GORMAN
JEFFREY A. SCHREIBER
OF COUNSEL
November 8 , 1988
Salem Board of Assessors
91 Washington Street
Salem, Massachusetts 01970
Re : 17 Linden 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:
i
IC
Richard W. Stafford
RWS/sji
SALASSR/RWS
CC: William and Elizabeth Coo bes
Jim Fleming
Salem Board of Appeals
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PETITION FOR SPECIAL PERMIT AT
17 Linden Street
SALEM, MASSACHUSETTS
We, the undersigned, have reviewed the Application of William N. and
Elizabeth A. Coombs, owners of 17 Linden Street, Salem, for a
proposed special permit to use the existing carriage house as a
single dwelling unit and we support the grant of this special permit
by the City of Salem Board of Appeals .
NAME (SIGNATURE) NAME (PRINT) ADDRESS
C /fi J/ Cobs 20 lopl- l �5
c A,SkYeAr 23 L cA-J--o_n
f-L k
COOMPET/RWS
MORTGAGE INSPECTION
' BAY STATE SURVEYING SERVICE INC.
234 CABOT ST,BEVERLY, MA. i
LOCATION Se4L.Env.....MRSS. .................... To .............
SCALE = I = 3D FT. DATE :,.q.
/?81�...... I hereby certify that I have examined the premises and that the
REFERENCE .G..4.8.�.P�.GG.7 ... building (s) shown on this plan are located on the ground as
shown and that the conformed to the zoning setbacks of the
y g �
-------`:14 4r___t1f_.SOht________ when constructed.
NOTE a This is a Mortgage Inspection survey and not The building(s) are not located In the special flood hazard
an ihstrument survey,therefore this plot plan is for zone, as defined by H.U.D. Q /
- mortgage Inspection purposes only. X14 d_ *�-- -------
_
Lar ( 'Zof
7� 87
IR9
g ROBERT s,,}
r JAMES
SOTIRCS
0. 26094 ycr�
�'9ECIST4Rc'�
�JNNAI IAN�i�� I
_ THIS SURVEY IS BASED-ON
SURVEY MARKERS OF OTHERS.
Lar. -
),9 96
o i
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BUSHES, SHRUBS, FENCES & TREE
LINES DO NOT I iECESSARILY INDICATE
PROPERTY LINES.
i
A4i7
I
L/.UD E,U 67-
T t OR LESS AN NSTR. SURVEY
REC
IS
OMMENDED TO DETERMINE
PROP. LINES.
I