9-11 OCEAN TERRACE - ZBA c, � l
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CITY OF SALEM, MASSACHUSETTS
�,pONDITq.
BOARD OF APPEAL
p J "
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
?`LIMINE DO FAX: 978-740-9846 Illi .�='f_ - P b" 0�
KIMBERLEY DRISCOLL
MAYOR
CIT S.
July 1, 2010
Decision
2010081300397 Bk:29680 PgII361
.
City of Salem Zoning Board of Appeals 08/13/2010 02 S7 PERMIT P9 1/3
Petition of MATTHEW BANKO seeking to amend a previously granted Special
Permit for the property located at 9-11 OCEAN TERRACE (R-1).
A public hearing on the above Petition was opened on June 16, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on June 16, 2010 with the following
Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Beth Debski,
Jimmy Tsitsmos (alternate) and Bonnie Belair (alternate).
Statements of fact:
1. Matthew Banko, the petitioner, and his son Joseph Banko, presented the petition
at the hearing.
2. In a petition dated May 19, 2010, petitioner requested an amendment to a Special
Permit granted in 1980 which had allowed use of the property as a three-family
dwelling under certain conditions. Petitioner requested to have conditions
removed requiring occupancy by the previous owner, limiting the number of
residents in the building to seven (7), and stipulating that the property revert to a
two-family use if sold by the previous owner.
3. The property is currently used as a three-family home.
4. At the hearing, Matthew and Joseph Banko stated that they lived in the building.
5. At the hearing, Board members expressed concern about allowing a three-family
use without any owner occupancy requirement; however, they would be willing to
remove the condition requiring ownership by the previous owner, but the building
must continue to be owner-occupied.
6. At the hearing, Board members and the Building Inspector discussed the
condition limiting the number of residents in the building and concluded that local
and state codes already placed appropriate limitations on the number of non-
related residents of a dwelling, and that this condition was unnecessary.
2
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:
1. Amending the previously granted Special Permit for the property to
require owner occupancy (rather than occupancy specifically of the
previous owner), remove the limitation of seven (7) residents living in the
building, and allow the building to be sold without reverting to a two-
family use, will not be more detrimental to the neighborhood than the
existing nonconforming use.
2. The applicant may vary the terms of the Residential One-Family Zoning
District to allow the above stated amendments to the previously granted
Special Permit; such changes are consistent with the intent and purpose of
the City of Salem Zoning Ordinance.
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. The previously issued Special Permit allowing a three-family is amended
to require owner occupancy (rather than occupancy specifically of the
previous owner), remove the limitation of seven (7) residents living in the
building, and allow the building to be sold without reverting to a two-
family use.
In consideration of the above, the Salem Board of Appeals voted five (5) in favor(Stein,
Tsistinos, Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests
for an amendment to a Special Permit subject to the following terms, conditions, and
safeguards:
1. Structure is to remain owner-occupied with two rental units and one owner
occupied unit, or all owner-occupied condominiums.
2. If the structure does not remain owner-occupied, it shall revert to its previous use
as a two-family dwelling.
3. Condition#2 of the previously granted Special Permit is hereby revoked; the
Special Permit now allows occupancy of an owner other than the owner to whom
the previous Special Permit was granted and allows the building to be sold
without reverting to a two-family use.
4. Condition #3 of the previously granted Special Permit is hereby revoked; the
Special Permit now places no limitation on the number of people who may reside
in the building.
3
Robin Stein, Chair
Salem 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 ofthedecision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
i
Date AUG 1 1 2010
I hereby certify that 20 days have expired
from the date this instrument was received,
and that NO APPEAL has been filed in this
office.
A True Copy
Q'
ATTES
T: CITY LERK, Salm, Mass.
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tcINDlTj� CITY OF SAL.L' M� MASSACHUSETTS
BOARD OF
APPEAL
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7'rar:978-745-9595♦FAx:978-740-9846
KwBF,RE YDRISCOLL
A4 YOR
May 1, 2013
Decision
City of Salem Zoning Board of Appeals
Petition of MATTHEW BANKO for leave to present an application, the substance of which was
denied within the previous two years, pursuant to M.G.L Ch. 40A 4 16. That petition concerns
Variance and Special Permit applications denied by the Board of Appeals on December 19, 2012 for
the property located at 9-11 OCEAN TERRACE (RI Zoning District). Applicant also request
modification of the Special Permit issued by the Board of Appeals on June 16, 2010 to clarify what
happens to the owner occupancy requirements in the instance of a foreclosure.
A public hearing on the above Petition was opened on April 17, 2013 pursuant to Mass General Law Ch.
40A, Sections 11 and 16. The hearing was closed on April 17, 2013 with the following Zoning Board of
Appeals members present: Annie Harris (Vice Chair), Richard Dionne,Mike Duffy, Tom Watkins and Jimmy
Tsitsinos (Alternate).
Statements of fact:
1. Attorney Michael McArdle, agent for petitioner Matthew Banko, presented the petition for the
property at 9-11 Ocean Terrace 1 Zoning District).
2. In the petition, dated March 27, 2013, the petitioner requested Reconsideration pursuant to M.G.L
Ch. 40A § 16 of a Variance and Special Permit applications denied by the Board of Appeals on
December 19, 2012.
3. The specific and material changes supporting the finding required pursuant to said §16 are
a. The prior petition, which was denied by the Board of Appeals on December 19, 2012,
requested the elimination of the owner occupancy requirement stipulated in the Special Permit
approved by the Board of Appeals on July 1,2010.
b. The new petition, outlined in the petition packet dated March 27, 2013, requests the owner-
occupancy requirement be retained, but that the language for Condition #2 of that Special
Permit be modified to clarify that if any of the three condominium units involuntarily forfeits
his/her owner occupancy status due to a foreclosure the structure does not revert to a to-
familydwelling.
4. At the hearing no members of the public were in attendance that spoke in opposition to the requested
reconsideration. Two members of the public spoke in favor of the petition. No written comments
were submitted before or during the public hear speaking in favor on in opposition to the requested
reconsideration or modification request.
The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after
thorough review of the petition submitted, makes the following findings:
Salem Board of Appeals
May 1, 2013
Project: 9-11 Ocean Terrace
Page 2 of 2
With regards to the request Reconsideration of the Variance and Special Permit applications denied bythe
Board of Appeals on December 19,2012:
1. The specific and material changes between the said prior and present applications are:
a. The previously denied petition sought the elimination of the owner-occupancy
requirement
b. The present application does not request the elimination of the owner-occupancy
requirement, but simply seeks the narrowing of the owner occupancy limitation if and
when any owner is foreclosed on by a lender that the structure does not revert to its
previous use as a two-family dwelling.
With regards to the requested modification of Special Permit issued by the Board of Appeals on June 16,
2010:
1. The described Special Permit modification may be granted without detriment to the public good
and safety and without n or substantiall
nullifying y derogating from the intent or purpose of the City
of Salem Zoning Ordinance.
On the basis of the above facts, findings and all evidence presented at the public hearing including, but not
limited to, documents and testimony, All the members voted in favor, with a 5-0 vote in favor . Harris
Vice Chair Mr. Dionne Mr.
( � Watkins, Mr.
) Duffy and Mr. Tsitsinos (Alternate)) and none opposed to rant
leave pursuant to G.L. c. 40A
g
P 16.. The Board of Appeals J ppe also voted to grant the requested modification of
the Special Permit approved by the Board on June 16, 2010. All the members voted in favor,with a 5-0 vote
in favor (Ms. Harris (Vice Chair), Mr. Dionne, Mr. Watkins, Mr. Duffy and Mr. Tsitsinos (Alternate)) and
none opposed. Petitioner's amended Special Permit is subject to the following terms, conditions, and
safeguards:
1. Structure is to remain owner-occupied with two rental units and one owner-occupied unit, or all
owner-occupied condominiums.
2. In the instance of a lender foreclosure or if any of the three owner-occupied condominiums
involuntarily forfeit his/her occupant status the structure does not automatically revert to a two-
family dwelling; and the lender Is obligated to adhere to the owner-occupied criteria stated in
Condition# 1 with respect to all future buyers.
3. Condition #2 of the previously granted Special Permit, approved June 16, 2010, is hereby
revoked; the Special Permit now allows all owner-occupied condominiums to retain its owner
occupied status in the event of foreclosure or an involuntary forfeiture of any owner occupant.
4. All conditions of the prior special permit not explicitly changed hereby remain in full force and
effect.
Annie Hams,ViceChair
Board of Appeals
A COPY OF TI IIS DECISION HAS BEEN FILED Uzf'H I THE PLANNING BOARD AND THE CITY CLERK
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