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pONDITgq CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
j a SALEM, MASSACHUSETTS O 1970
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TELEPHONE: 978-745-9595
W� FAX: 978-740-9846 2010 HAR ( b A 10: 5�
KIMBERLEY DRISCOLL
MAYOR
CITY' CL; ; S, Lrt ,
March 15, 2010
Decision
Petition of TERRANCE NEYLON, seeking to amend a previously issued Special
Permit allowing a third dwelling unit on the property located at 10 GARDNER
STREET, Salem, MA (R-2). Petitioner seeks to remove a clause from the previous
decision requiring the Neylons to live on the premises and to own the property, in
order for the third floor dwelling unit to exist.
A public hearing on the above petition was opened on March 15, 2010 pursuant to Mass
General Law Ch, 40A, Sec. 11, the following Zoning Board members being present:
Annie Harris, Elizabeth Debski, Bonnie Belair and Jimmy Tsitsinos.
Petitioner seeks to amend a Special Permit granted on April 22, 1981.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Attorney John R. Keilty represented the petitioner at the hearing.
2. In a petition date-stamped November 3, 2009, the petitioner requested to remove a
clause in the April 22, 1981 decision requiring the Neylons to occupy the property
in order for a third unit to be allowed—upon sale of the property, the building
would revert to a two-family use only.
3. At the hearing, Attorney Keilty explained that the building is currently used as a
three-family house, and that the Neylons currently reside there.
4. At the hearing, no members of the public commented on the petition.
5. At the hearing, Board members commented that if the third unit presented a
problem to neighbors, they would have expressed opposition to the petitioner's
request. They also noted that it did not make sense to allow one owner to have a
third unit, but not another owner of the same building. They further stated they
did not believe owner occupancy should be required to allow for the third unit.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
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1. The petitioner's request for an amendment to the previously issued Special
Permit does not constitute substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. The petitioner may vary the terms of the Residential Two-Family Zoning
District to keep a third unit in the building, which is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Belair, Harris, Tsitsinos and Debski), none (0) opposed, to grant the petitioner's request
for a Special Permit, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. The conditions of the Special Permit issued on April 22, 1981 shall remain in
effect, except for the one pertaining to owner occupancy.
Elizabeth Debski
Salem Zoning Board of Appeals
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 Massachusetts General Laws
Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate 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 and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of'ritle.
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