9 OCEAN TERRACE - BUILDING INSPECTION ^9ck ��
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UNITED STATES Pq§jT%.§Ty�P
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PS Form 3811,February 2004 Domestic Return Receipt 102595-02-LI-1540
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A/L�SSACHUSETTS
CITY OF SALENM,
BOARD OF .APPEAL
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May 1, 2013
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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 § 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, 21013 pursuant to Nlass General Law Ch.
40A, Sections I I and 16. The hearing was closed on April 17, 20 13 with the following Zoning board of
Appeals members present: Annie Harris (Vice Chair), Richard Dionne, Mike Duffy, Tom Watkins and jimmy
Tsitsillos (Alternate).
Statements of fact:
1. Attorney Michael McArdle, agent for petitioner Nfatthew Banko, presented the petition for the
property at 9-11 Ocean Terrace (RI Zoning District).
2. In the petition, dated March 27, 2013, the petitioner requested Reconsideration pursuant to iNI.G.1,
Ch. 40A § 16 of a Variance and Special permit applications denied by the Board of Appeals on
December 19, 2012.
1 The specific and material changes Supporting the finding required pursuant to said 16 are
a. The prior petition, which was denied b'k. the Board Of ,Appeals on December [9, 2012,
requested the elimination of the owner occupancy requirement stipulated in the Special Permit
approved by the Board of Appeals on July 1, 2010.
1). The new petition, outlined in the petition packet dated 1\1irch 27, 2013, requests rhe Owner-
occupancy requirement be retained, but that the language for Condition #2 of that Special
permit be modified to clarif% that if any of the three condominium unit-, involuntarily forfeits
his/her owner occupancy status due to a foreclos tire the structure does not revert to a to-
family dwelling.
4. At the hearing no members of the public were in attendance that spoke in Opposition to the rcqucsrcd
reconsideration. Two member,,, of the public >poke in favor of the petition. No written C0111111cot,
Were Submitted before or (hiring the public hear speaking in favor on in opposition to the 1C(IUC1rc(I
reconsideration or modification request.
I'lle Board of Appeal, after careful coll:;idcratiotl of file evidence presented at the public licarilig, and abet
thorough rcx-icko- Of the petition subinittcd, makes the folltm ing findings:
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Salem Board of Appeals
I'vlay 1, 2013
Project: 9-1 1 Ocean Terrace
Page 2 of 2
With regards to the request Reconsideration of the Variance and Special Permitapplications denied be the
Board of Appeals on December 19, 2012:
i. The specific and material changes between the said prior and present applications are:
a. The preciously denied petition sought the elimination of the owner-occupancy
requirement
1). "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 mail be granted without detriment to the public good
and safety and without nullifying or substantially derogating from the intent or purpose of the Cin
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 (has. Harris
(Vice Chair), Mr. Dionne, Mr. Watkins, Mr. Duffil and Dir. 'rsitsinos (."alternate)) and none opposed to grant
leave pursuant to G.L. c. 40A § 16..The Board of Appeals 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 (Nls. Harris (Vice Chair), Mr. Dionne, Mr. Watkins, Mr. Duff}, and Mr. Tsitsinos (\Itcrnate)) 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 rwo-
family dwelling; and the lender is obligated to adhere to the owner-occupied criteria stated in
Condition #I with respect to all future buvcrs.
3. Condition #2 of the previously granted Special Permit, approved June 16, '010, is hcrcby
revoked; the Special Permit now allows all owner-occupied condominiums to retain its owner
occupied status in the event of€oreclosure or an involuntary forfeiture of any owner occupant.
4. .111 conditions of the prior special permit not expiicith' changed liereby remain in full force and
effect.
Annie Harris, Vice Ch it
Board of Appetds - Dete 1j
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the date this instrument was received,and the
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May 1, 2013 "=r
Decision s
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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 § 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 (111 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 ll and 16. The hearing was closed on April 17, 2013 with the following Zoning Board of
.Appeals members present: Annie Barris (Vice Chair), Richard Dionne, Mike Duffin,Tom Watkins and Jimmy
Tsitsinos (Alternate).
Statements of fact:
L Attorney Michael IblcArdle, agent for petitioner Matthew Banko, presented the petition for the
property at 9-11 Occan Terrace (RI Zoning District).
2. In the petition, dated March 21, 2013, the petitioner requested Reconsideration pursuant to
Ch. 40A VA 16 of a Variance and Special-Permir applications denied by the Board of !Appeals on
December 19, 2012.
3. 'Che specific and material changes supporting the finding required pursuant to said 16 are
1 The prior petition, which was denied by the Board of ;Appeals can Dccemhet l9, 2012,
requested the elimination of the oivncr occupancy requirement stipulated in the Spccial Permit
approved by the Board of;Appcals on juh 1, 2010.
b. [-lie new petition, outlined in the petition packet dared March 27, 2013, requests the owner-
occupancy recluircment he retained, but that the language for Condirion #2 of rhar tipccial
permit he modified to elarifc that if any of rhe three condominium emits iuvohmtaril\ torfcas
his/her owner occupincy_ status, due-to-a-foreclosure-the- strucr ire does not revert to a ro-
- -- — farnilr dwelling.
4. At the hearing no members of the public were in attendance that spoke in opposition ro the requc<red
reconsideration. Yw'o numbers (If the public spoke in favor of the petition. No m-itrc•n comments
were submitted before or during the public hear speaking in favor on in opposition to the requester! �
reconsideration or modification request.
Elie Board of appeal, :-after careful Consideration of the evidence presented at the public ilCarin({, Mid alar
ti thorough review of rhe petition submirtcd, makes the folknving findings:
t
............
Mr
Salem Board of Appeals
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stay 1 ?013
Project: 9-11 Ocean 'retrace
Pa-e 2 of2
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With regards to the request Reconsideration of the Variance and Special Permit applications denied by the
Board of Appeals on December 19, 2012:
V 1. 'Elie 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
'the present application does nor request the efirranitiOn Of the OWllCr-OCCL1panci
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 bly the Board Of Appeals 01111.111C 16,
2010:
1. file described Special Permit modification may be granted without detrunctit to the public good
and safety and without nullifN itij4 or substantially derogating From the intent or l)UtpOs'C Of the Citv
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 die members voted in favor, with a 5-0 vote in favor (Ms. Harris
(Vice Chair), Mr. Dionne, Mr. Watkins, Mr. Duff-v and Mr. Tsitsinos (Alternate)) and none opposed to grant
leave pursuant to G.L. c. 40A j 16- The Board of Appeals also voted to grant the requested modification of
the Special Permit approved by the Board On June 16, 2010. All the members voted in fix-or, with a 5-0 vote
in favor (Nls. Harris (Vice Chair), Mr. Dionne, Mr. Watkins, Mr. Duffy And Nit. Tsitsinos (.Alternate)) and
none opposed. petitioner's amended Special Permit is subject to the following terms, conditions, and
safeguards:
L Structure is to remain owner-occupied with two rental units and one owner-occupied Unit, Or all
Owner-occupied condominiums.
1 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 automiticalix, revert to a two-
farmix, dwelling; and the tender is obligated to adhere to the owner-occupied criteria stared in
Condition #I with respect to all future buyers.
3. Condition #2 of the previously granted Special Permit, approved little 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 all involunrarY forfeiture ofanY owlict occupant.
4. All conditions of the prior special permit not cxplicith changed licrebvP remain in full force and
effect.
Aar's
Alillie Harris, Vice Ch. ir
Board Of Appeals Dote
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this date this instrument was received, MCI ON
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CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
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V4nvna CITY CLERK, SALEM, MASS,
December 26, _10 12
Decision
City of Salem Zoning Board of:appeals
Petition of MATTHEW BANKO requesting to amend a previous decision of the Zoning
Board of Appeals to eliminate the owner occupancy requirement from a Special Permit for
the property located at 9-11 OCEAN TERRACE (R-1). Applicant also requests a Variance
and Special Permit to add a third-floor dormer to the structure.
A public hearing on the above Petition was opened on December 19,2012 pursuant to class
General flaw Ch. 40;x, § 11. The hearing was closed on December 19, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran: (Chau:),Annie Harris,-Michael Duffy,
Richard Dionne, and Jimmy Tsitsinos (alternate).
petitioner seeks to amend a Special permitgranted ern June 16, 2010 for die property located at 9-11
Ocean I erste, Salem. Petitioner idio seeks relief pursuant to Sections 4.0 and 5.3.1 of the Salcm
7.ortin�, (.)rdin uuc,
Statements of fact:
I. 'hhree previous Special Permit decisions, dare-stamped September 70, 1980, March 12, 1986,
and f uly 1, 2010, had been issued for this properry,allowing its use as a three.family house,
with tyre condition drat the premises remain owner.occupied, or it was to revert to a two-
family house.
2 In a petition dare-stamped October:24, 2012,petitioner requested elinunation of rhe otaner-
erccupanev rey.nuement so that he could convcrt the aparnnerrts to condonminiums. The
pc.uuon also requested dimensional relief to construct:a third-snn v dormer.
3. Attorney Michael iIMcCardle represented the pet tioner at tine hearing.
4. At the hearing, no member of the public spoke in Eaton of or in opposition to the petition.
Che Board of Appeals, after careful consideraiion of the evidence presented at the public hearing,
and after thorough r'evicv, Of the plans and petition subnurrcci, m.ikus the following findings:
7
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\Vpith regard to the requested Variance and Special Permit for a shed dormer.
I Desirable relief could not be granted Withouuutlhfyiug or substantiallv derogating from the
intcnr or pughos`e'of the zoning ordinance.
2. Special conditions and circumstances do not exist effecung the parcel or buUditig, which do
not genetallq affect other land or buildings in tie same district.
3 I-VICIence was nor presented establishing that a literal enforcernent of the provisions of this
ordinance would involve substantial hardship, financial or otherwise, to the appellant.
\Vith regard to rhe requcsu:d elitnination of the owner-occupancy requirement for the property:
I. Desirable relief could nor be granted either without detriment to the public good or without
nullifying m subsianritdh- derogating from the intent or purpose of the zoning ordinance. All
previous Board decisions regarding this issue had contemplated reversion of the three-family
house to it two-family house if it were ever not occupied by the owner. 'Existence of a three-
famiiv house in the Residential One-Fanhily Zoning District warrants tI:iis condition.
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 voted five (5)
opposed (Curran, Diontre,'l-siesinos, Duffy and Dionne) and none (0) in favor, to grant the
requested amendmenr to rhe prey ioushissued Special Permir to chmin'tate the owner occupancy
rccimitnhcrt for a three-family= house. The Board voted one(1) in favor(Dionne) and four(4)
opposed (Curran, `T"sitsinos,Duffy and Dionne) to grant the requested Variance and Special Permit:
to construct a third-story addition. Both pettions are denied.
n
Rebecca Curran, Chair
Salem Board of;Appcals
\ (;OPI OF I H1"� DI_('-ISK)\ H,\,)Ati 1WV' I-Iff 1) \Y'I"1'H '1111_P1.ANN I.NG BOARD ,\Ar)
TI I L C'tl Y
Appeal from this decision, if any, shall be made pu,tsuant to Section 17 of the Massachusetts General
l...aw8 Chapter 40A, and snail be filed within 20 days of Tiling of this decision uh.the office of the City
Cledo. Pursuant tb the Massachusetts General Laws Chapter 40A,Section 11, the Variance or Special
2 i
Permit t;ramed herein shell not take effect until a cope of the decision bearing the certificate of the
City, Clerk has been filed with the Lssec South Registry of Deeds.
Law Offices of Michael M. McArdle
204 Lafayette Street Mailine: 60 Island Street,Ste 508E
Salem,MA 01970 Lawrence,MA 01840
Telephone: 978-744-5150 Telephone:978-681-5150
Facsimile: 978-744-5144 Facsimile:978-681-5152
Email:Mike@mikemcardlelaw.com
January 11, 2012
a
4 N
VIA HAND DELIVERY W r
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Salem Zoning Board of Appeals z E r
121 Washington Street, 3rd Floor — -'
Salem, Massachusetts 01970 �o
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RE: Request for Reconsideration of the Board's Denial of the Special Permit w
Modification Request ofMatthew Banko Regarding the Three (3)Family N
Structure, 9--11 Ocean Terrace heard December 19 2012
TO: Rebecca Curran, Chairman of the Zoning Board of Appeals for the City of Salem
and Board Members:
The Petitioner is submitting this request because he believes in good faith that the
Board misunderstood the requested relief he was seeking and may not have appreciated
the predominance of pre-existing non-conforming multifamily structures in the
immediate area of the Premises, including the neighboring property at 5-7 Ocean Terrace
(a two family approved conversion to a three family in 1985) and that 1-3 Ocean Terrace,
a special permitted owner occupied three (3) family, which since 2002 operates under the
same traditional condominium format for which the Petitioner was seeking approval.
Historical Facts:
Even though the Salem Zoning Ordinance places the 9-11 Ocean Terrace
structure in R-1 Zoning District, the district is populated with numerous, three-story and
other multi-family structures that predate zoning. See enclosed record from this Board's
files for the nearby 1-3 Ocean Terrace property related to a special permit application
from 1981 discussing the dominant multifamily character of this neighborhood and
allowing conversion to a three family and the subsequent 1990 variance vote on the same
property. [See permit history for 1-3 Ocean Terrace, together with the building
commissioner's record of conversion for 5-7 Ocean Terrace enclosed as Exhibit A].
As set forth in the original records filed in support of this petition, in 2010 this
Board granted its second modification to the original owner occupied three unit special
permit approval first provided in 1980. The ZBA, as part of the 2010 unanimous vote,
also allowed the premises to be utilized as a three unit owner-occupied condominium.
The Petitioner, who owns and occupies the third floor, in reliance on that vote invested in
the legal and architectural work to convert the premises to a three unit condominium,
entitled 9 — 11 Ocean Terrace Condominium, with recorded condominium documents as
of August 2012. The condominium units were professionally listed and marketed for sale
and went under agreement with two prospective owner occupants for the first and
second-floor units. Unfortunately, when getting ready to close under each sale agreement,
the separate lenders for each prospective unit purchaser refused to grant a loan for the
purchase because of title insurance concerns of the possibility of a loss or automatic
forfeiture of the structure's condominium and three family status in the case where the
lender exercised its right to foreclose under its mortgage after a default by its owner-
occupied borrower. Unless some protective language for mortgage holders is approved by
the Board as a clarification/modification to its 2010 premises special permit that will
insulate a mortgage holder's exercise of its rights in a foreclosure, then the prior 2010
special permit modification grant allowing for a three unit owner-occupied condominium
is for all intents and purposes without any practical legal effect, because of the
unlikelihood of Petitioner successfully marketing the units exclusively to cash buyers not
needing mortgage loans.
The Hearine:
The Board gave the impression to the Petitioner that it was considering and voting
on a request to waive the owner occupied requirement for this structure whether as a
condominium or three-family structure. If this was the case,that was not the correct
assessment of the relief sought by the Petitioner. Any future arm's length third party sale
of any condominium unit in the 9-11 Ocean Terrace Condominium is and will continue to
be governed by the owner occupied condition contained in the ZBA's 2010 special
permit modification vote. The only relief the Petitioner sought from this Board was its
approval of language that would protect a mortgage lender's right to foreclose without
causing an automatic forfeiture of the condominium's legal status and/or its three family
permitted use. This could easily be done by a modification vote requiring all unit deeds to
contain a restriction that all future conveyances are limited to owner occupants, excepting
in the case of a foreclosure deed or deed in lieu of foreclosure. The issue of future leases
on the part of any unit owner— occupant could be eliminated or limited only to leases to
immediate family members by blood or marriage. The condominium documents would of
course be amended to incorporate the language determined by the ZBA's decision.
If this special permit relief and clarification was not what the Board considered or
voted on the matter should be reconsidered under a standard of an administrative error, or
the standard of a substantial change in the description of the requested relief sought from
the ZBA. Since no public opposition was presented at the original scheduled hearing date
of December 19, 2012, this matter, subject to the advice and consent of city solicitor,
could be revisited at the next earliest scheduled hearing with room on the agenda, and
without the need of further advertising.
As an equity consideration the Petitioner wants the Board and the City to know of
the differential treatment afforded the neighborhood premises at 1-3 Ocean Terrace,
which has the same owner occupancy restriction applicable to its three family conversion
in 1981 and in 1990 (see Exhibit A), but because there is no language about converting to
a condominium in its permit/variance history, its permit grantee has been allowed to
convert and sell all three condominiums avoiding the mortgage underwriting two-family
reversion concern raised regarding the attempted sale of Mr. Banko's proposed
condominium units . I have enclosed a packet on 1-3 Ocean Terrace Condominium
containing and verifying this information as Exhibit B.
2
In my opinion this situation potentially violates the constitutional equal protection
rights of Salem citizens by causing different results under the same law and same
circumstances as well as operating to deny the Petitioner a valuable property right.
Thank you in advance for your consideration.
Very truly yours,
MICHAEL M. MCARDLE,
Attorney for Petitioner Matthew Banko
MMM/sjm
CC: Client
Assistant City Solicitor, Robin Stein, via hand delivery
„__ _ —
T'homas St. Prerre,_Buililing Commissioner, via /aarul delivery)
Enclosures: Exhibits A and B
3
e
Matthew Banko
Request for Reconsideration
9 — 11 Ocean Terrace
EXHIBIT A
- DATE__-
APPEAL CASP. NO.
-Y OF SALEM, MASSACHUSE I TS
TO TI RD 017 APPEALS:
The Undersigned represent that he is xvantthe Owners of a certain parcel of ],and located
at No. .1.3.0Ge,4n.TgrZaGe. . . . . . . . . . _ . . . ; Zoning District. .
. A 1, , . , , . _ , , , . , and said Parcel is affected by Section(s). . . . . .
.V,(B 10), . , _ , , . , _ ; of the Salem Zoning Ordinance and1 :�xec¢Xicnn$a}.
aI.-xhkexXaxxatthwxa88axR8nzsx$ai,RxMxogcxbdcsc
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
The locos property consists of a 15 room, 3 story dwelling house which has been in its
present condition prior to the adoption of the City of Salem Zoning By-Laws. The first
and second floors of the building each consist of 5 rooms, including 2 bedrooms, study,
living room, dining room, kitchen and bath. The third floor consists of 5 finished
rooms including heating and witing which has been used for several years as 2 separate
apartments, each apartment containing a kitchen with a common bath. The petitioner pro-
poses to divide the building into 3 separate apartment units and remodel the third floor
by combining the 2 present units. into 1 unit so that it shall consist of 2 bedrooms, study,
living room, dining room, kitchen and bath.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
:his is a direct appeal.
for Special Permit from
The Undersigned hereby petitions the Board of Appeals/8axVazj the terms of the Salem
Zoning Ordinance aa�JioaaM�aex&a4kd.1.^rtgx6adexaadxazdezx8hsx*anpeyctgnuod7c$:mW:ddrzegss:tOs
x ,cstytec,�xfxm.'ape�tkaxtntxhwkkdxaxxff}edx as the enforcement of said
Zoning By-Laws ana PAxk14Jm$x%x&a would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially date-
gating. from the intent and purpose of the Zoning Ordinance ardxRa:A.dda X)0da:£or the
following reasons:
The structural appearance of_the exterior of the building will remain unchanged. There are "?
manyy-3-story. and/or multi-family'structures in the neighborhoods The proposed use will be. in
eon ormity with that nowactuallyprevailing in the neighborhood.. Although the property is
within a R-1 District, it has for many years been used as a 3 and 4 family dwelling (a non-
. - conforming use) . The owner has made substantial improvements in the property during recent
years and has made a significant investment in the property. It is respectfully submitted
that the change of the present nonconforming use shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood. it is further submitted that the
proposed work to be done will conserve the value ofthe land and buildings and will encourage
the most appropriate'lbse of the premises.
Owner. .StUdlt CODer . . . . . . . . . .
Address.1_3 Ocean.Terrace: Salem .
50
Telephone. . .7. .0. . . _ . . . .
Petitioner ,Stuart Comer ,
1931
ABdydr_es6s.OtlR_3oc.ean orra
:e: Salem
Date 1$, 1Telep *ALIS"�
0._�Pv�
his attorney
Three copies of the application must be filed with a Secreta} of the Board of
Appeals with a check, for advertising in the amount of $ . .LI;.+�s. . . . . . .
four weeks prior to the meeting of the.Board of Appeals. Check payable to The
Evening News.
# RE(7,
DECISION - STUART COMER - PAGE TWO 081 AUG -6 P3 :41
CITY CLERK'S OFF)C£
On the basis of the above findings of fact and on the evidence Mnseed`'S ' "
at the public hearing, the Board of Appeals finds (i) that the proposed use
of the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will promote
the public health, safety, convenience, and welfare of the City's inhabitants,
and (iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance. Accordingly, the Board unanimously approves the granting
of a Special Permit to the Petitioner.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The building may be converted into a three-unit dwelling by remodeling
the third floor of the building in accordance with plans to be approved by
the Building Inspector.
2. The existing parking area at the site shall be maintained.
3. This Special Permit is conditioned upon the Petitioner's continued
ownership and occupancy of this building.
f;
,Anthony M. Fee r ..
APPF_.i! FPV,11 T?!S CECT':iO^f, r A"Y, SlIALL EE MAOE PUM14.11T To Sc TiCB 17 OF THE VMS.
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d'J r:. ,a ;;cJ w.J PiJ::O i,{_ CICNM:i C[i,FiC6iE Jr TITLE.
SaVO OF A:FLIL -
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH TOE PLANNING BOARD AND THE CITY CLER
DATE OF PERMIT PERMIT No. OWNER LOCATION
Stuart Comer 3 Ocean Terrace
STRUCTURE MATERIAL DIMENSIONS No. OF STORIES J No.OF FAMILIES WARD COST
BUILDER
7J29J81 Special Permit to divide the existing four unit apartment building at the site
into three units by combining the two present units on the third floor
into one dwelling unit. GRANTED WITH CONDITIONS. Board of Appeals
die Z3 3 Da Pty �0D
F IL
Cts of 'ittlem, Aassadjusdts
(, Boarb of rAppeal
NI[IpIM �
DECISION ON THE PETITION OF ROBERT & RONALD MARSILIA
FOR A VARIANCE AT 13.'OCEAN T€RBA.CE'(R-l )
A hearing on this petition was held April 18, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; Mary
Jane Stirgwolt; Associate Members Arthur LaBrecque and Peter Dore. 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 Variance from use and
parking to allow a three family dwelling in this R-1 zone.
The Variances which have been requested may be granted upon a finding by the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which-are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may 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.
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. Substantial opposition was presented by abutters and others.
2. The property is not presently owner occupied as required by a prior
decision of the Board.
3. The proposed use would worsen an already bad parking problem.
On the basis of-'the above findings, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Desirable reliefcannot be granted without substantial detriment to the public
good or without nullifying and substantially derogating from the intent of
the district and the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 3-2 against the granting of the
requested Variance. (Messrs., Bencal Fleming & Labrecque in favor, Ms. Stirwolt
and Mr. Dore opposed. Having failed to obtained the required four (4) affirmative
votes, Variance is Denied.
VARIANCES DENIED`
DECISION ON THE PETITION OF ROBERT & RONALD MARSILIA FOR
A VARIANCE AT 1-3 OCEAN TERRACE, SALEM
page two
VARIANCES DENIED
chard A. Bencal , Vice hairman
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 ptnsuant to Section 17 of
the Mass.General Laws.Chapter 808,and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass.Genera! Lasa. Ch..cle:808, Section 11. the Variance
or tpeciai Permit granted h^ ell shat 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 dismisseJ or denied is recorded in the South Esse)
Registry of Deeds and indexed under the name or the owner of recorg al.
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPM +
t
SEP [ I I 28
of �txlem, SNttssttrftusetts
'Boarb of CAnpeal
r`
DECISION ON TF1_ PETITION OF PETER MITE AND NANCY CHATIS FOR A
VARIANCE AT 1-3 OCEAN TERRACE (R-1)
A hearing on this petition was held September 19, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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 Variance to allow a
three family dwelling in this R-1 district.
A petition to allow this property to be a three family was denied by the Board
of Appeal on April 18, 1990. Owners of the property at that time were Robert
and Ronald Marsilia. The Board of Appeal , after hearing evidence regarding sub-
stantial change, said change being owner occupancy, and after receiving Consent
from the City of Salem Planning Board, voted unanimously, 5-0, that there was a
substantial change in the petition and they would re-hear the case.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner;
c. desirable relief may be granted without detriment to the public good and
without nullifying or substantially derogating from the intent of the district
or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . A Special Permit was granted in 1981 allowing this property to become a legal
three family dwelling with the condition that it be owner occupied.
2. Since 1981 the building has contained three dwelling units.
3. The Special Permit in question lapsed due to the fact that the previous
owner did not comply with the condition, of the Special Permit.
4. The present owner acquired this property as a legal two family dwelling with
three dwelling units.
tr.
DECISION ON THE PETITION OF PETER WHITE & NANCY CHATIS FOR
VARIANCE AT 1-3 OCEAN TERRACE, SALEM
page two
5. The fact that the building was altered to contain three dwelling units
under a previously granted Special Permit creates a condition that is
particular to this building.
6. The presence of the third unit creates a hardship for the petitioner in
that it limits the usefulness of the building unless it can be legally
operated as a three family dwelling.
7. The petitioners intend to make the property their permanent residence.
8. Several neighbors and abutters spoke in favor of the petition.
on the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve sub-
stantial hardship to the petitioners.
3. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1. A Certificate of Occupancy must be obtained for the dwelling.
Z. All requirements of the Salem Fire Dept, relative to smoke and fire safety
must be strictly adhered to.
3. The property must remain owner occupied.
4. The owner must provide parking for five cars on the site if necessary.
GRANTED
September 19, 1990
Mary Janvswgwolt, MembeeW 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 o -
the Mass.General Laws,Chapter 808,and shall be filed within 20 days.
after the date of filing of this decision in the office of the City Clerk_
F ;rsurnt to Mass.General Laws, citaptor 8o8,section 11,the Variance.
or ;1pechl Permit gran+en herein shall not take effect until a CORY of tfler
'ecislon, 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 Fss of
Registry of Deeds and indexed under the name or the owner of record�ot
is recorded and noted an the owner's Certificate of Title.
BOARD OF APPEAU
CARTER TO 'CPS ENSI NdErRNS CORP.
�7 ec�e ,4. acroua. E /z� ",
Joseph o caner
P,oiess,ona'cngmeer - 6 FAiRVIEW AVENUE
Regmered land Surveyor SWAMPSCOTT, MASS. 01907
Tel. 592.6366
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Fn's THIS AREA PAVED FOR .PARKING `- -
lI
i
i
DATE OF PERMIT PERMIT No. OWNER :5-700cean
N /
Robert & Ronald Marsilia t TeR-1
STRUCTURE MATERIAL DIMENSIONS No.OF STORIES INo.OF FAMILIES WARD COST
BUILDER
I-�
BOARD OF APPEAL.( 12/4/85 - GR,AINTED - Special Permit to convert two family to three
family. ��
Matthew Banko
Request for Reconsideration
9 — 11 Ocean Terrace
EXHIBIT B
� S j 2@@2@9@50@@86 WOW Pg.456
( UNIT DEED e9/e3/M2 ee:ee:ee DEED P9,1/3
UNIT 1 OF 1-3 OCEAN TERRACE CONDOMINIUM
SALEM,MASSACHUSETTS
Peter A. White and Nancy C. White, of Salem,Massachusetts,being the owners
of Unit 1 in the 1-3 Ocean Terrace Condominium(the"Condominium")situated at 1-3
Ocean Terrace, Salem, Essex County,Massachusetts 01970, which Condominium was
created by a Master Deed(the"Master Deed")dated August 2,2002 and recorded with
the Essex South Registry of Deeds,Book 19133,Page 83,in accordance with and subject
to the provisions of Massachusetts General Laws Chapter 183A, as amended("Chapter
183X'), for consideration of One Hundred Ninety Nine Thousand and 00/100 Dollars
($199,000.00)paid,hereby GRANT to Sean R. Dillon with an address of 3 Ocean
Terrace,No. 1, Salem,Massachusetts 01970,with QUITCLAIM COVENANTS,Unit I
(the"Unit") in the Condominium. The Unit is more particularly described in the Master
Deed,and is shown on a set of plans comprising one sheet entitled"Floor Plans for 1-3
Ocean Terrace Condominium, Salem,Ma. Scale 1"=4',May 11, 2002 by North Shore
Survey Corporation,47 Linden Street, Salem,Massachusetts(the"Plans"), and is
conveyed together with a thirty three and 1/3 percent(33.33%)undivided interest in the
common elements of the Condominium(the"Common Elements")as set forth in the
Master Deed.The Unit shall have the exclusive use of the area shown as"Exclusive Use
Unit I"on the Basement Elevation of the Plans, as well as the exclusive use of the"Rear
Porch" shown on the First Floor Elevation of the Plans,subject to the right of Units 2 and
3 to the use of said porch for access and egress.Unit I shall have the exclusive right to
use for parking the parking area designated"Parking Unit I"on the Site Plan filed with
the Master Deed entitled"Plan of Land, 1-3 Ocean Terrace Salem,Prepared for 1-3
Ocean Terrace Condominium, Scale 1"=10',May 11, 2002,by North Shore Survey
Corporation(the"Exclusive Use Common Elements").
The unit, such undivided interest in the Common Elements,and use of the
Exclusive Common Elements are conveyed with the benefit of and subject to all the
rights,restrictions,agreements and other matters and provisions referred to or set forth in
Chapter 183A, as amended,the Master Deed,the 103 Ocean Terrace Condominium Trust
created by Declaration of Trust dated August 2, 2002 and recorded with the Essex South
Registry of Deeds,Book 19133,Page 97,the By Laws contained therein,and the Rules
and Regulations attached thereto as Exhibit A(hereinafter collectively called the
"Condominium Documents").The Unit is conveyed subject to real estate taxes
attributable to the Unit for the fiscal year 2003,which are a lien not yet due and payable.
The Unit is intended to be used only for residential purposes and not in a manner
inconsistent with the Condominium Documents or Chapter 183A,all as set forth in the
Master Deed.
The post office address of the premises which constitutes the Condominium is 3
Ocean Terrace,Unit 1, Salem, Massachusets 01970.
Ww"ft; seat" RR 0111o++
3 accah Terrgt Q t�,,, 144
cSGtldn, M1q. O19"l4 ��
. 2002090500086 BN;1982 Pg;45Z
- 081051202 @9:06:0@ DEED Ps 213
Attached hereto and made a part hereof is a copy of a portion of the above
referenced Plans filed with the Master Deed pertaining to the Unit,to which are affixed
verified statements of a Registered Architect pursuant to Chapter 183A, Section 9.
For grantor's title see deed of Peter A. White and Nancy G. Chatis dated January
6, 1993 and recorded with the Essex South District Registry of Deeds, Book 11697, Page
99.
Executed under seal as of the 4t°day f September, 2002
Peter A. White ._
N cy C ite
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. September 3,2002
Then personally appeared the above named Peter A. White and Nancy C. White
and acknowledged the foregoing instrument to be their free act and deed,before me
-10Y .Ge
Peter R. Merry, Notary Public
My Commission Expires: September 3, 2004
9;03 ' OS
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useUNI2 UNIT 1 LIVING ROOM UNIT 3
Al UNIT 1 AREA -
AREA - 1047 t S.FCOMMON 941 f AF MAD!ENTRANCEENTRANCE THIRD FLOOR ELEVATION - 12B.B'
PORCH EXCLUSIVE USE UNITS 2 k 3
BASEMENT ELEVATION 101.7 COMMON UNITS 2 4 3
FIRST FLOOR ELEVATION 106.9' SECOND FLOOR ELEVATION 176.8•
TOTAL AREA
UNIT 1 941 t,S.F.
UNIT 2 906 t S.F.
UNIT. 3 1047 t S.F.
1 CERTIFY THAT THIS PLAN SHOWS UNIT / BEING :,r.ctSgsyyr
FLOOR PLANS
CONVEYED AND THE IMMEDIATE ADJOINING UNITS GAIL Z�s FOR
AND THAT IT FULLY AND ACCURATELY DEPICTS L.
THE LAYOUT, LOCATION, DIMENSIONS, APPROXIMATE SMITH 1-3 OCEAN TERRACE CONDOMINIUM
AREA, MAIN ENTRANCE AND THE IMMEDIATE COMMON - N0 sc^_3 �= SALEM
R��
AREA TO WHICH IT HAS ACCESS AT, AS BUILT. c *E.'
Ta% ' MAY 11, 2002
NORTH SHORE SURVEY CORPORATION
DATE REG. PROFESSIONAL LAND SURVEYOR EXHIBIT C 47 LINDEN STREET — SALEM, MA /tRR2
IIIIIIIIIII�INIQIIIIIIIIIIIIIIIIIIIIIINaI
�� 2003010600932 2:eG DEE Pg,213
UNIT DEED 0110612203 taaom DEED Po 113
UNIT 2 OF 1-3 OCEAN TERRACE CONDOMINIUM
SALEM, MASSACHUSETTS
Peter A. White and Nancy C. White,of Newbury, Massachusetts, being the
owners of Unit 2 in the 1-3 Ocean Terrace Condominium(the"Condominium") situated
at 1-3 Ocean Terrace, Salem, Essex County,Massachusetts 01970, which Condominium
was created by a Master Deed(the"Master Deed") dated August 2, 2002 and recorded
with the Essex South Registry of Deeds,Book 19133,Page 83, in accordance with and
subject to the provisions of Massachusetts General Laws Chapter 183A, as amended
("Chapter 183X'), for consideration of One Hundred Ninety Six Thousand and 00/100
Dollars($196,000.00)paid,hereby GRANT to Margare�Mansfield, with an address of 3
Ocean Terrace,No. 2, Salem, Massachusetts 01970,with QUITCLAIM COVENANTS,
Unit 2 (the"Unit") in the Condominium. The Unit is more particularly described in the
Master Deed, and is shown on a set of plans comprising one sheet entitled "Floor Plans
for 1-3 Ocean Terrace Condominium, Salem, Ma. Scale I"=4',May 11, 2002 by North
Shore Survey Corporation,47 Linden Street, Salem, Massachusetts(the"Plans"), and is
conveyed together with a thirty three and 1/3 percent(33.33%)undivided interest in the
common elements of the Condominium (the"Common Elements")as set forth in the
Master Deed. The Unit shall have the exclusive use of the area shown as "Exclusive Use
Unit 2"on the Basement Elevation of the Plans, as well as the exclusive use of the
"Enclosed Porch Exclusive Use Unit 2"shown on the Second Floor Elevation of the
Plans. Unit 2 shall have the exclusive right to use for parking the parking area designated
"Parking Unit 2"on the Site Plan filed with the Master Deed entitled "Plan of Land, 1-3
Ocean Terrace Salem, Prepared for 1-3 Ocean Terrace Condominium, Scale 1"=10', May
11, 2002, by North Shore Survey Corporation(the"Exclusive Use Common Elements").
The unit, such undivided interest in the Common Elements, and use of the
Exclusive Common Elements are conveyed with the benefit of and subject to all the
rights, restrictions, agreements and other matters and provisions referred to or set forth in
Chapter 183A, as amended,the Master Deed,the 1-3 Ocean Terrace Condominium Trust
created by Declaration of Trust dated August 2, 2002 and recorded with the Essex South
Registry of Deeds, Book 19133,Page 97, the By Laws contained therein, and the Rules
and Regulations attached thereto as Exhibit A(hereinafter collectively called the
"Condominium Documents"). The Unit is conveyed subject to real estate taxes
attributable to the Unit for the second half of fiscal year 2003, and for fiscal year 2004,
which are a lien not yet due and payable.
The Unit is intended to be used only for residential purposes and not in a manner
inconsistent with the Condominium Documents or Chapter 183A, all as set forth in the
' Master Deed.
The post office address of the premises which constitutes the Condominium is 3
Ocean Terrace, Unit 2, Salem,Massachusets 01970.
R,e�vr.-►-too: W1arolgret L. 1n�o►hsficl�
Vrtt} 2, 3 QCCCt�'f 7�rracC.G
5alewl, WR. 01ci'7o
2003010600932 8k:19944 Pg;216
01/06/2003 13:52:00 DEED Ps 2/3
Attached hereto and made a part hereof is a copy of a portion of the above
referenced Plans filed with the Master Deed pertaining to the Unit,to which are affixed
verified statements of a Registered Architect pursuant to Chapter 183A, Section 9.
For grantor's title see deed of Peter A. White and Nancy G. Chatis dated January
6, 1993 and recorded with the Essex South District Registry of Deeds, Book 11697, Page
99.
Executed under seal as of the 6`h day of anuary, 2003
Peter A. White
J�AoC �� -
Nad y C )White
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. January 6, 2003
Then personally appeared the above named Peter A. White and Nancy C. White
and acknowledged the foregoing instrument to be their free act and deed, before me
P er R. eny, Notary Public
My Commission Expires: September 3, 2004
fLtt 11Y -7 f p
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EXCW'AlE USE EXCLUSIVE USE EXCW9VE USE
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PORCH EXCLUSIVE USE UMTS 2 k 3
BASTNOIT ELEVATION r 101,7 COMMON LIMITS 4 R J
FIRST FLOCK ELEVATION - H18.9* SECOMp FLODH ELEVATION • 110.tl' .
TOTAL AREA
UNIT 1 941 t S.F.
UNIT 2 906 t S.F.
UNIT 3 1047 t S.F.
`?yiNUf td49s4
1 CERTIFY THAT THIS PLAN SHOWS UNIT 't. BEING �o FLOOR PLANS
CONVEYED AND THE IMMEDIATE ADJOINING UNITS a 411 N FOR
AND THAT IT FULLY AND ACCURATELY DEPICTS
THE LAYOUT, LOCATION, DIMENSIONS, APPROXIMATE U No 35043 r 1—.3 OCEAN TERRACE CONDOMINIUM
AREA. MN ENTANCE AND THE AREA TOAIWHICH RT HAS ACCESS AT, AS S SUI`EDIATE COMMON FofSSgfGI$ gEO�� SALEM
OI:6L L,to - MAY 11, 2002
NORTH SHORE SURVEY CORPORATION
¢ DATE EC. PROFESSIONAL LAND SURVEYOR EXHIBIT C 47 LINDEN STREET - SALEM, MA A1�2
t
/ -�- Illlllilll18111111NlHNlllfllllllll�illll
2003050100607 Bk:20719 Pg:320
05101/2003 11:20:00 DEED Pp 112
1 UNIT DEED
UNIT 3 OF 1-3 OCEAN TERRACE CONDOMINIUM
SALEM,MASSACHUSETTS
Peter A. White and Nancy C. White,of Newbury, Massachusetts,being the
owners of Unit 3 in the 1-3 Ocean Terrace Condominium (the"Condominium")situated
at 1-3 Ocean Terrace, Salem, Essex County,Massachusetts 01970,which Condominium
was created by a Master Deed(the"Master Deed") dated August 2,2002 and recorded
with the Essex South Registry of Deeds,Book 19133,Page 83, in accordance with and
subject to the provisions of Massachusetts General Laws Chapter 183A, as amended
('Chapter 183X , for consideration of One Hundred Seventy Four Thousand and
00/100 Dollars ($174,000.00)paid,hereby GRANT to Patrick Coughlin, with an address
of 3 Ocean Terrace, No. 3, Salem,Massachusetts 01970, with QUITCLAIM
COVENANTS,Unit 3 (the"Unit")in the Condominium. The Unit is more particularly
described in the Master Deed,and is shown on a set of plans comprising one sheet
entitled"Floor Plans for 1-3 Ocean Terrace Condominium,Salem,Ma. Scale 1"=4%May
11,2002 by North Shore Survey Corporation,47 Linden Street, Salem,Massachusetts
(the"Plans"), and is conveyed together with a thirty three and 1/3 percent(33.33%)
undivided interest in the common elements of the Condominium(the"Common
Elements') as set forth in the Master Deed. The Unit shall have the exclusive use of the
area shown as"Exclusive Use Unit 3"on the Basement Elevation of the Plans, as well as
the exclusive use of the area shown as`Exclusive Use Unit 3"on the Third Floor
Elevation of the Plans. Unit 3 shall have the exclusive right to use for parking the parking
area designated"Parking Unit 3"on the Site Plan filed with the Master Deed entitled
"Plan of Land, 1-3 Ocean Terrace Salem, Prepared for 1-3 Ocean Terrace Condominium,
Scale 1"=10', May 11, 2002,by North Shore Survey Corporation(the"Exclusive Use
Common Elements").
The unit, such undivided interest in the Common Elements,and use of the
Exclusive Common Elements are conveyed with the benefit of and subject to all the
rights, restrictions, agreements and other matters and provisions referred to or set forth in
Chapter 183A, as amended, the Master Deed,the 1-3 Ocean Terrace Condominium Trust
created by Declaration of Trust dated August 2,2002 and recorded with the Essex South
Registry of Deeds, Book 19133,Page 97,the By Laws contained therein, and the Rules
and Regulations attached thereto as Exhibit A (hereinafter collectively called the
"Condominium Documents"). The Unit is conveyed subject to real estate taxes
attributable to the Unit for fiscal year 2004,which are a lien not yet due and payable.
The Unit is intended to be.used only for residential purposes and not in a manner
inconsistent with the Condominium Documents or Chapter 183A, all as set forth in the
Master Deed.
The post office address of the premises which constitutes the Condominium is 3
Ocean Terrace, Unit 3, Salem,Massachusets 01970.
a31
n� oeJ /�/
r' 2003050100607 900719 Pg:321
06/01/2003 11:20:00 DEED P9 2/2
Attached hereto and made a part hereof is a copy of a portion of the above
referenced Plans filed with the Master Deed pertaining to the Unit, to which are affixed
verified statements of a Registered Architect pursuant to Chapter 183A, Section 9.
For grantor's title see deed of Peter A. White and Nancy G. Chatis dated January
6, 1993 and recorded with the Essex South District Registry of Deeds, Book 11697,Page
99.
Executed under seal as of the&%day o pril, 2003
Peter A. White
C,
Nanc . Whit
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. April t7 , 2003
Then personally appeared the above named Peter A. White and acknowledged the
foregoing instrument to be his free act and deed,before me
Peter R. erry, Notary Pu ti'c
My Commission Expires: September 3, 2004
COMMONWEALTH OF MASSACHUSETTS
Essex, ss Aprils 2003
Then personally appeared the above named Nancy C. White,and acknowledged
the foregoing to be her free act and deed,before me
`��
Not Pu lic
sion Expires: l G Q
.J h
I11W
2002082700746 8k;19133 Pg;83
\ Q MASTER DEED 0e1271=2 ts:24:em opo ac 1/13
1 �
j} OF
1-3 OCEAN TERRACE CONDOMI[N UM
We,the undersigned Peter A. White and Nancy C. White,of 1-3 Ocean Terrace, Salem,
Massachusetts 01970(hereinafter called.the"Declarant"),the owners of the premises in Salem,
Essex,County,Massachusetts,hereinafter described,by duly executing and recording this Master
Deed,do hereby submit said premises to the provisions of Chapter 183A of the General Laws of
Massachusetts and propose to create with respect to said premises,a condominium(the
"Condominium")to be governed by and subject to the provisions of Chapter 183A, and to that end
declare and provide the following:
I. NAME. The name of the Condominium shall be:
1-3 Ocean Terrace Condominium
2. DESCRIPTION OF LAND. The premises which constitute the Condominium consist of a
parcel of land(the"Land")known as and numbered 1-3 Ocean Terrace,Salem,Massachusetts,
with the building(the`Building")and improvements thereon,being the premises conveyed to the
Declarant by deed of Peter A. White and Nancy G.Chatis dated January 6, 1993,and recorded at
Essex South County Registry of Deeds,Book 11697,Page 99 as more particularly described in
Exhibit A attached hereto.
3. DESCRIPTION OF THE BUILDING. The Building is of wood frame construction with a
fieldstone foundation and consists of a basement and three stories.The mechanical equipment and
meters for each of the units within the Building are located in the basement.
4. DESIGNATION OF CONDOMINIUM UNITS. The Building contains three units,(the
"Units")known as Unit 1, Unit 2,and Unit 3;as are more particularly described as to designation,
location,number of rooms,approximate area,and the common areas to which the units have
immediate access,in Exhibit B attached hereto,and the floor. plans,consisting of one(1)sheet,
1
Return To:
Peter R. Merry, Esq.
265 Essex St.,Suite 304
Salem, MA 01970
2002082700746 Bk,19133 P9;84
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and entitled"Floor PIans for 1-3 Ocean Terrace Condominium"(the"Floor Plans'),which together
with the site plan entitled"Plan of Land, 1-3 Ocean Terrace Salem, Prepared for 1-3 Ocean Terrace
Condominium,Scale 1"=10',May 11, 2002 by North Shore Survey Corporation"(the"Site Plan")
are to be recorded herewith.
Units 1,2,and 3,are located on the first, second, and third floors respectively.The units
have the following rooms as shown on the floor plans.Unit I has a living room,dining room,
kitchen, 2 bedrooms, and full bathroom. Unit 2 has a living room,dining room,kitchen,2
bedrooms, and one full bathroom. Unit 3 has a living room,kitchen,2 bedrooms, and one full
bathroom.Unit I shall have exclusive use of the area designated"Exclusive Use Unit i"on the
Basement Floor Elevation of the Floor Plans,and the exclusive use of the"Rear Porch"shown on
the First Floor EIevation,subject to the right of Units 2 and 3 to use of said porch for access and
egress.Unit 2 shall have exclusive use of the area designated".Exclusive Use Unit 2"on the
Basement Floor Elevation of the Floor Plans,as well as the area shown as"Enclosed Porch
Exclusive Use Unit 2".on the"Second Floor Elevation"of the Floor Plans.Unit 3 shall have the
exclusive use of the area designated"Exclusive Use Unit 3"on the Basement Floor Elevation of the
Floor Plans, and the area shown as"Exclusive Use Unit 3"on the"Third Floor Elevation"of the
Floor Plans. Units 2 and 3 shall share the exclusive use of the stairways identified as"Exclusive
Use Units 2&3"on the Second Floor Elevation of the Floor Plans.
Each of Units 1,2,and 3 is serviced by its own electrical service and meter and gas service and
meter. Each of units I and 2 has its own gas fired hot water heater and oil fueled heating unit and
oil tank,and Unit 3 has its own electrical heating unit and gas fired hot water heater.The
maintenance,repair,and replacement of the heating unit and hot water tank serving each unit,
including the cost thereof, shall be the responsibility of the respective Unit owner.There is also a
common electric meter,as well as a common hot water heater serving a common washer dryer,the
use and cost of which shall be a common area expense.All electric meters are located on the
outside of the building. Each of Units 1,2,and 3 shall have the exclusive right to use for parking
the"Parking"area on the Site Plan designated as being for the exclusive use of that unit.
2
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5. BOUNDARIES OF THE UNITS. The boundaries of the units with respect to the floors,
ceilings, and the walls, doors,and windows thereof are as follows:
(a) Floors: The upper surface of the rough sub-flooring material(rough board,particle
board, or other, as the case may be);
(b) Ceilings:The plane of the lower surface of the ceiling joists; and the plane of the
lower surface of the roof rafters,where applicable;
(c) Walls: The plane of the surface of the wall studs facing such Unit;
(d) Exterior Doors and Windows: as to doors,including any storm doors,the exterior
surface thereof and of the door frames;and as to windows,the exterior surface of
the glass and of the window frames.
6. COMMON AREAS AND FACILITIES. The Common Areas and Facilities of the
Condominium shall consist of the following to the extent that the same are not included within
a Unit or Units:
(a) the Land,together with the benefit of and subject to all rights,easements,
restrictions and agreements of record so far as the same may be in force;
(b) the walkways and other improvements on the Land,including,without limitation,
walls,railings,steps,lighting fixtures,and similar facilities;
(c) those portions of the Building not included within the boundaries of the Units,
including the foundations,structural columns,girders,beams,supports,exterior
walls,party walls,and the roof;
(d) the entrance lobbies,halls and stairways serving more than one Unit and the
3
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basement, and other areas not contained within a Unit or subject to the exclusive use
of a particular Unit;
(e) all conduits,ducts,pipes,plumbing,wiring,chimneys, flues, and other facilities for
the furnishing of power, light,air,heat,hot and cold water,and all sewer and
drainage pipes,and sewer disposal systems located within the common areas,and all
such facilities located within any unit that serve parts of the Condominium other than
the unit within which such facilities are contained; as to sewage disposal systems and
utility conduits,tines,pipes, and wires,the right and casement to enter the Units for
the purpose of repairing and maintaining the same shall be included as part of the
common areas and facilities;
(f) such additional common areas and facilities as may be defined in Chapter 183A,
except as otherwise provided or stipulated herein.
(g). There is one water and sewer service serving the Building,the cost of which,
including repairs or replacement as necessary, shall be a common area expense.
Each Unit Owner shall be entitled to an undivided interest in the Common Areas and
Facilities in the percentage set forth in Exhibit B for such unit. Such percentage is based on the
approximate relation that the fair value of each unit on the date hereof bears to the then aggregate
fair value of all the units. Each Unit Owner shall be subject to(i)the terms and provisions of this
Master Deed, The 1-3 Ocean Terrace Condominium Trust and By-Laws thereof(hereafter
"Condominium Trust"),as defined and described in paragraph 1 l hereof,(ii)rules and regulations
promulgated pursuant thereto with respect to the use thereof;and(iii)the timely making of the
payments required to be made in connection therewith.
7. ENCROACIdMENTS. If any portion of the Common Areas and Facilities now or
hereafter encroaches upon any Unit,or if any Unit now or hereafter encroaches upon any other Unit
or upon any portion of the Common Areas and Facilities as a result of settling of the Building,or a
4
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unit therein, or the alteration or repair of the Common Areas and Facilities of the Building or a unit
therein, a valid easement shall exist for such encroachment and for the maintenance of the same as
long as the Building and/or unit exists.
8. FLOOR PLANS. The Floor Plans of the Building referred to above and recorded
herewith bear the certification of a registered surveyor,certifying that the plans fully and accurately
depict the layout, location, unit number, and dimensions of the units as built, including without
limitation, the Units and Common Areas and Facilities.
The Declarant may, until all of said Units have been sold by said Declarant, (i) lease Units
which have not been sold and(ii)use any Units owned by the Declarant as models for display for
purposes of sale or leasing of Units.
i
9. RESTRICTIONS ON USE OF UNITS Unless otherwise permitted by instrument in
writing duly b the Trustees of tho-Condominium Trust pursuant to provisions of the By-
Laws thereof
( No such Residential Unit shall be used for any purpose other than as a dwelling for
one family or by not more than two(2)unrelated persons and=_busi4wss-aetivities;
other than those conducted"on line"by computer and having nosxtemal
p t I manifestation, shall be conducted in_any such Residential-Unit. No such
v S Residential Unit shall be rented, let, leased,or licensed for use or ocS-Upanyl;y
other than the owner thereof except to persons who shall first have been approved in
writing by said Condominium Trustees,provided,however,that such right of
approval shall not be exercised so as to restrict use or occunancy of Units because of
race, creed, color,national origin,or sex(approval applied for and not denied within
one(1)week shall constitute approval). The word "family" means any group of
persons related by blood,marriage,adoption or other legally established form of
family relationship.
5
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08/27/2002 16:24:00 DEED Pa 6/13
(b) No Unit shall be used or maintained in a manner contrary to or inconsistent with the
By-Laws of the Condominium Trust and regulations which may be adopted
pursuant thereto.
(c) The architectural integrity of the Building and the Units shall be preserved without
modification, and to that end, without limiting the generality of the foregoing,no
porch/deck or porch/deck enclosure, awning, screen,antenna, sign,banner or other
device, and no exterior change, addition,structure,projection, decoration or other
feature shall be erected or placed upon or attached to any Unit or any part thereof;
no addition to or change or replacement(except, so far as practicable,with identical
kind)of any exterior light,door knocker or other exterior hardware, exterior Unit
door,or door frames shall be made, and no painting or other decoration shall be
done on any exterior part or surface of any Unit nor on the interior surface of any
window;provided,however, that the provisions of this subparagraph(c) shall not
restrict the right of any Unit Owner(i)to decorate the interior of his or her Unit as
he or she may desire so long as such Unit Owner shall in no way whatsoever alter,
remove or otherwise modify any structural component of his or her Unit.
The restrictions set forth in paragraphs(a)through(c)above shall be for the benefit of all of
the Unit Owners and the Condominium Trust and(i)shall be administered on behalf of said
Owners by the Trustees of the Condominium Trust, (ii)shall be enforceable solely by the Trustees,
insofar as permitted by law,(iii)may be waived in specific cases by such Trustees and(iv)
shall, insofar as permitted by law,be perpetual, and, to that end,may be extended at such time or
times and in such manner as permitted or required by law for the continued enforceability thereof.
No Unit Owner shall be liable for any breach of the provisions of this paragraph except such as
occur during his or her ownership of a Unit.
10. AMENDMENTS. This Master Deed may be amended by an instrument in writing (i)
signed by the Unit Owners entitled to sixty six and two thirds percent(66.66%) or more of the
undivided interests in the Condominium Trust pursuant to the By-Laws thereof, and (ii) signed
6
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and acknowledged by a majority of the Trustees of the Condominium Trust and(iii) duly
recorded with the Essex South Registry of Deeds, PROVIDED, HOWEVER, that:
(a) The date of which any such instrument is first signed by a Unit Owner shall be
indicated thereon as the date thereof, and no such instrument shall be of any force or
effect unless the same shall have been so recorded within six(6)months after such
date:
(b) No instrument of amendment which alters the dimensions of any Unit shall be of
any force or effect unless the same has been signed by the Unit Owner of the Unit so
altered;
(c) No instrument of amendment which alters the percentage of the undivided interest
in and to the Common Areas and Facilities to which any Unit is entitled shall be of
any force or effect unless the same has been signed by all Unit Owners and said
instrument is recorded as an Amended Master Deed;
(d) No instrument of amendment which purports to alter or redefine the property
defined herein as Common Areas and Facilities shall be of any force or effect.
(e) No instrument of amendment affecting any Unit upon which there is a first
mortgage of record held by a bank or insurance company or a purchase money
second mortgage held by the Declarant or his heirs or assigns shall be of any force
or effect unless the same shall have been assented to by the holder of such
mortgage; and
(f) No instrument of amendment which alters this Master Deed in any manner which
would render it contrary to or inconsistent with any provisions of said Chapter 183A
of the General Laws of Massachusetts shall be of any force or effect.
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11, MANAGING ENTITY. The entity through which the Unit Owners will manage and
regulate the Condominium established hereby(the"Condominium Association") is The 1-3
Ocean Terrace Condominium Trust, under a Declaration of Trust (including the By-Laws) of
even date and recorded herewith(the"Condominium Trust'). Such Declaration of Trust
establishes a trust for the benefit of all Unit Owners in which each Unit Owner shall have a
beneficiary interest and membership in proportion to its percentage of undivided interest in the
Common Areas and Facilities to which such Owner is entitled hereunder. The names and
addresses of the original and present Trustees thereof are as follows:
Peter A. White, 1-3 Ocean Terrace, Salem,Massachusetts 01970
Nancy C. White, 1-3 Ocean Terrace, Salem,Massachusetts 01970
Such Trustees have enacted By-Laws pursuant to and in accordance with provisions of
Chapter 183A of the General Laws of Massachusetts.
12. GENERAL LAWS CHAPTER 183A. The Units and the common areas and facilities, and
the Unit Owners and Condominium Trustees shall have the benefit of and be subject to the
provisions of said Chapter 183A of the General Laws of Massachusetts, as from time to time
amended, and in all respects not specified in this Master Deed or in said Declaration of Trust of the
1-3 Ocean Terrace Condominium Trust and the By-Laws set forth therein, shall be governed by
provisions of said Chapter 183A as from time to time amended,in their relation to each other and to
the Condominium established hereby, including,without limitation,provisions thereof with respect
to improvements and rebuilding of common areas and facilities,and with respect to removal of the
Condominium premises or any portion thereof from the provisions of said Chapter 183A.
13. MORTGAGEE PROVISIONS. The following provisions shall apply to mortgages of one
or more Condominium Units:
(a) A first mortgage at its request shalt be entitled to written notification from the
Condominium Trustees of any default by the mortgagor of such unit in the
8
2902082700746 6k;19133 Pg:91
0812712002 15:24:00 DEED P9 9113.
performance of such mortgagor's obligations under the Condominium documents
which is not cured within thirty(30)days.
(b) Any first mortgagee who comes into possession of the Unit pursuant to the remedies
provided in the mortgage, foreclosure of the mortgage,or deed or assignment in lieu
of foreclosure,shall be except from any right of first refusal.
(c) Any first mortgagee who comes into possession of the Unit pursuant to the remedies
provided in the mortgage, foreclosure of the mortgage,or deed or assignment in lieu
of foreclosure,shall take the property free of any claims for unpaid assessments or
charges against the mortgaged Unit which accrue prior to the time such holder
comes into possession of the Unit(except for claims for a pro-rata allocation of such
assessment or charges to all Units including the mortgaged Unit).
(d) Unless one hundred percent(100°/0)of the first mortgagees of Condominium Units
shall have given their prior written approval,the Condominium Owners shall not be
entitled to:
(1) by act or omission,seek to abandon or terminate the Condominium regime;
or
(2) change the pro-rata interest or obligations of any Condominium Unit for(i)
purposes of levying assessments or charges or allocating distributions of
hazard 'insurance proceeds or condemnation awards or,for(ii)determining
the pro-rata share of the ownership of each Unit in appurtenant real estate
and any improvements thereon which are owned by the Unit Owners in the
Condominium project in undivided pro-rata interests(common areas and
facilities);or,
(3) partition or subdivide any Condominium Unit;
(4) by act or omission,seek to abandon,partition,subdivide,encumber,sell or
transfer the common areas facilities. The granting of easements for public
9
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utilities or for other purposes consistent with the intended use of the
common areas and facilities by the Condominium project shall not be
deemed a transfer within the meaning of this clause;or,
(5) use hazard insurance proceeds for losses to any Condominium property
(whether to Units or to common areas and facilities)for other than the
repair,replacement or reconstruction of such improvements,except as
provided by statute in case of substantial loss as to the Units and/or common
areas and facilities of the Condominium project.
(e) First mortgagees shall have the right to examine the books and records of the
Condominium Trust.
(1) No Condominium Owner,or any other party,shall have priority over any right of
first mortgagees of Condominium Units pursuant to their mortgages in the case of a
distribution to the Condominium Unit Owners of insurance proceeds or
condemnation awards for losses to or a taking of all or a portion of any
Condominium Unit and/or the common areas and facilities.
14. INVALIDITY. The invalidity of any provision of this Master Deed shall not be deemed to
impair or affect in any manner the validity,enforceability or effect of the remainder of this Master
Deed and, in such event,all of the other provisions of this Master Deed shall continue in full force
and effect as if such invalid provision had never been included herein.
15. WAIVER. No provision contained in this Master Deed shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same,irrespective of the number of
violations or breaches which may occur.
16. CAPTIONS. The captions herein are inserted only as a matter of convenience and for
reference, and in no way define, limit or describe the scope of this Master Deed nor the intent of
any provision hereof.
10
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17. DEFINITIONS. All terms and expressions herein used which are defined in Section 1 of
Chapter 183A shall have the same meanings herein unless the context otherwise requires.
18. CONFLICTS. This Master Deed is set forth to comply with the requirements of Chapter
183A of the General Laws of Massachusetts in effect upon the date of execution of this Master
Deed and any future amendments thereto which are specifically made retroactive in application. In
case any provisions stated within this Master Deed are in conflict with the provisions of said
statute, the provisions of said statute shall control.
IN WITNESS WHEREOF,we have caused this Master Deed to be duly executed, sealed
and deliyoxed on this and day ofjk4L&St,2002
. Ak
Pe er A. White Nan4 C. W#te
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 2002
Then personally appeared the above-named Peter A. White and Nancy C_ White and
acknowledged the foregoing instrument to be their free act atAdeed,before me,
Peter R. Merry, Notary Pub i
My Commission Expires: ��---jd t, 42004
11
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EXHIBIT A
(1-3 Ocean Terrace, Salem,Massachusetts)
the land with the buildings thereon in Salem, Essex County,Massachusetts, known as and
numbered 1-3 Ocean Terrace, and further described as follows:
WESTERLY by Cliff Street, 60 feet; .
NORTHERLY by land now or late of Balcomb and land now or formerly of
Freedman, 50.96 feet;
EASTERLY by other land now or formerly of Freedman, 65 feet; and
SOUTHERLY by Ocean Terrace, 50.57 feet.
The premises are shown as the lot on the corner of Ocean Terrace,and Cliff Street on a
"Plan of Land of Raymond H. Backerman, Salem Mass.", Charles A. Metcalf, Surveyor,
November 1919, recorded with Essex South District Registry of Deeds,Book 2441, Page
397.
For Declarants' title see Deed of Peter A. White and Nancy G. Chatis dated January 6,
1993 and recorded with said Deeds, Book 11697, Page 99.
20RM700746 W19133 P9:95
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EXHIBIT B TO
1-3 OCEAN TERRACE CONDOMINIUM MASTER DEED
UNIT 1
Unit Designation No. of Rooms Sq. Ft. Area Percentage Interest
1 5 approx. 941 33.33%
The number of rooms stated includes a living room, dining room, kitchen, 2 bedrooms,
and a full bathroom. Unit 1 has direct access to front and rear common area stairs as
shown on the Condominium Floor Plans.
The square foot area set forth is exclusive of the storage area for the exclusive use of Unit
1 indicated on the Basement Elevation.
UNIT 2
Unit Designation No. of Rooms Sq. Ft. Area Percentage Interest
2 5 approx. 906 33.33%
The number of rooms stated includes a living room, dining room, kitchen,2 bedrooms, a
and one full bathroom. Unit 2 has direct access to front and rear common area stairs as
shown on the Condominium Floor Plans.
The square foot area set forth is exclusive of the storage area for the exclusive use of Unit
2 indicated on the Basement Elevation, and the"Enclosed Porch Exclusive Use Unit 2"
indicated on the Second Floor Elevation of the Floor Plans.
UNIT 3
Unit Designation No. of Rooms Sq. Ft. Area Percentage Interest
3 4 approx. 1047 33.33%
The number of rooms stated includes a living room, kitchen, 2 bedrooms, and one full
bathroom. Unit 3 has direct access to front and rear common area stairs as shown on the
Condominium Floor Plans.
The square foot area set forth is exclusive of the storage area for the exclusive use of Unit
3 indicated on the Basement Elevation, and the stairwell designated"Exclusive Use Unit
3" on the Third Floor Elevation of the Floor Plans.
roNDITgq CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
fn TELEPHONE: 978-745-9595
> FAX: 978-740-9846 2010 JUL _ ) o b: 04
KIMBERLEY DRISCOLL
MAYOR
July 1, 2010
Decision
City of Salem Zoning Board of Appeals
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.
z
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:
I. 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 93 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
�r�n St in TA
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 of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
APPLICATION NO.(COURT USE ONLY) PAGE
APPLICATION FOR Trial Court of Massachusetts
CRIMINAL COMPLAINT f of CN> District Coutt Department,
I,the undersigned complainant, request that a criminal complaint issue against the accused charging the '
offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salam 011strict.Court
05 Vlashicspta.1 Street
ONLY MISDEMEANOR(S), I request a hearing LI WITHOUT NOTICE because of an imminent threat of ta,`dCrr.V-X 01970
D BODILY INJURY D COMMISSION OF A CRIME D FLIGHT D WITH NOTICE to accused.
D ONE OR MORE FELONIES,I request a hearing D WITHOUT NOTICE D WITH NOTICE to accused.
ARREST STATUS OF ACCUSED
D WARRANT is requested because prosecutor represents that accused may not appear unless arrested. D HAS J HAS NOT been arrested
L IT
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NAME(FIRST MI LAST)AND ADDRESS BIRDD t SOCIAL�SECURITYNUM 9,
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ADDRESS !� PLACE OF OFFENSE
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Fj 1 f, ') () CITATION NO(S).
OFFENSE CODE DESCRI�TI N / / /' j ) OFFENSE DATE
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VARIABLES(e.g.vict/m na e,control0d substance,typ and value of property other vp6able informatioTfee Complaint Language Manual)
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OFFENSE CODE DESCRIPTION OFFENSE DATE
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OFFENSE CODE DESCRIPTION OFFENSE DATE
3 VARIABLES
REMARKS COMP IN!}PJTS SIGN � U � DqQ E/FILEq 710
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COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE OF HEARING TIMES OF HEARING COURT USE ONLY
WILL BE HELD AT THE ABOVE COURTADDRESS ON } 3 -3--BO' AT / � , !`S Fes/✓— E---
DmR-z(08/04) COMPLAINANT'S COPY '
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9-11 Ocean Terrace
Mathew Banko
9-11 Ocean Terrace
Salem Ma. 01970
Mr. Banko This Department has received a complaint regarding construction work
being performed at your property. This Department has no record of plumbing or building
permits for this work. Therefore, under the authority of the Mass State Building Code 780
C.M.R section 115.6 an inspection of your property is required. You are directed to
contact this office upon receipt of this letter to arrange for the inspection . Failure to
arrange an inspection will result in further enforcement actions. if you feel you are
aggrieved by this order, your appeal is to the B.B.R.S in Boston.lf yo have any questions,
contact me directly.
TI-Wmas J. St.Pierre
Building Commissioner
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TO SEP 16 P33 :21
SEPTEMBER 10, 1980 CITY CLERK'S OFFICE
DECISION ON THE PETITION OF MARTHA B. SANDERS FOR A SPECIAL PERMIT FOR 9-11
OCEAN TERRACE.
A hearing on this Petition was held on September 10, 1980 with the
following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte,
LaBrecque, Feeherry and Associate Member Martineau. Notice of the hearing was
sent to abutters .and others and a notice of the hearing was published in the
Salem Evening News on August 27, and September 3, 1980, in accordance with
Massachusetts General Laws, Chapter 40A.
The Petitioner has requested a Special Permit to convert the existing
two-family dwelling at 9-11 Ocean Terrace into a three-family dwelling.
The property is within an R-1 district; however, the property has for
many years been u::rd as a two-family dwelling (a non-conforming use) .
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 Appeals may, in accordance with the procedure and conditions
set fort'._ in Section VIII F and IX D, grant Special Permits for altera-
tions anJ reconstruction of nonconforming structures, and for changes,
enlargement, extension or_expansion of nonconforming lots, land, structures,
and uses, provided, however, that suc?i change, extension , enlargement or
expansion shall not be substantially more detrimental than the eisting
nonconforming use to the neighborhood, nor shall this paragraph apply to
billboards, signs, or other advertising devices. .
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, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1. The Petitioner has made substantial improvements in the property
over the last year and has made a significant investment in the
property.
2. The property is a very large structure which. can be easily converted
to a three-family dwelling and which is uneconomical as a wo-family _
dwelling.
U I T ULUY,it. ):;rtu;L
, 7. 1
SEPTEMBER 10980 $ 1 j
PACE TIDO - 9-11 OCElL1, TERRACE - MARTHA B. SANDERS
3. The property is surrounded by other three and four family dwellings
in the neighborhood.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals finds (i) that the proposed use
of the property will not be substantially more detrimental than the existing use
to the neighborhood, (ii) that the proposed use of the property will promote
the public health, safety, convenience, and welfare of the City' s inhabitants,
and (iii) that the proposed use of the property is' in harmony with the Salem
Zoning Ordinance. Accordingly, the Board unanimously approves the granting
of a Special Permit to the Petitioner. .
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The use of this structure as a three-family dwelling is conditioned
upon the continued ownership of the property and the continued occupancy of
the property by the Petitioner.
2. In the event that the property is sold or in the event that the
Petitioner ceases to use the property as her principal place of residence, the
property shall revert to its former status as a two-family dwelling.
3. At no time shall more than a total of seven (7) persons use this
property as a residence or the property shall revert to its former status as a
two-family dwelling.
4. At no time shall those persons occupying this property own, lease,
or have available to them for general. use more than a combined total of four
(4) vehicles or the property shall revert to its former status as a two-family
dwelling.-
5. The conversion of the third floor of this property shall be done in
accordance with the plans filed with the Board showing a three-room (one bedroom)
apartment.
6. No further work shall be done at the property without a valid building
permit.
SPECIAL PEPMIT GRANTED
Anthony M. Freherry, Secretary O'4-
A`:Y. 1;iAL11 t d£ 'A.: .t:=
50, AAD/. SHALL r !,rlf: THE .:AT_
",17 OFME OF Tk:E Cin C R:.i. _
„!j ".,..P.- .. !1. WE :'.RIA`:CE O$ SP°'l 4 P,L J!T
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.Lit f;'Alf, W N ik r AN' f G`-4 i :El :I_,p ii : D OR : :ITEC IS
fl` Pn'tl: Id IdL eO P f °aS t P JLF.Y CF U_1U;S AIN ME 1i,6: OF THE Q'e!0
QF 196dUitU Q1 13 Re€G:?D c0 JHO KiEO N! TI'S O'H�alER'S CE.^.T!FiCwii C; TIRE. -
60,480. OF APP94
INSPECTION REPORT DATE:
ADDRESS:
OWNER: �:>Do'/5
USE GROUP: Li
NUMBER OF STORIES: 3 ed _
NUMBER OF ROOMS (BY STORY) : 490of-7 " r3kfAS
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HOW HEATED: ..7 �R'tn
GAS: YES . ✓ NO:
NUMBER OF SANITARIES:
NUMBER OF APPROVED EGRESS DOORWAYS:
REMARKS:
ZZ
FEE RECEIVED: YES L0000, NO:
1 ,
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Doris M. Beach APR 9 10 ' 5
9 Ocean Ave. , RECEIVED April 7 1975
Salem, Mass. CITY Ow cq�. P
Mr. John Powers_ Building Inspector
K&WCity of Salem , Mass .
Re : 9 Ocean Ave. . Salem, Mass .
Dear Sir:
In accordance with Section 111 .43 and Section 120.3 of the
State Building Code , I , as the owner, hereby request an
inspection of the premises at 9 Ocean Ave . , Salem, Mass.
and the issuance of a Use and Occupancy Certificate .
Entry to the; premises may be obtained by contacting
pn++.e • P Thomson Inc _ 774-2267 or
should you determine that an inspect9.on=is necessary or desired.
Will you kindly acknowledge that you have received this
letter by signing and dating the attached copy, and returning
it to me in the enclosed envelope .
Yours very truly,
Enclosure : $
On 19_1 1 received this. letter and the fee of $
for the issuance . of a Use and Occupancy Certificate .
An inspection will be made by our office within three days .
An inspection will not be made by our office .
Building Inspector
.'ski. * ..... ... _r
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~ £1, Doris M. Beach .
9 Ocean Ave .
Salem, Mass. - April 7,` 1975 t
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Mr, John Powers , Building Inspector
XW
ay/City of Salem , Mass .
;
Re : 9 Ocean Ave. Salem, Mass. 4.
'
1 �<
y ' Dear Sir: ,
In accordance 'with Section 111 .43 and Section 120.3 of the
State Building Code , I , as the owner, hereby request an
inspection of the premises at 9 Ocean Ave. , Salem, Mass;
f � and the issuance of a Use and Occupancy Certificate.
'y Entry to the premises may be obtained by contacting ' ,
Pnt,tur & Thomsnn Inc_.. 774-2267 or
i ,. should you determine that an inspection is necessary. or ,desired. ¢
Will you kindly acknowledge that you have received this
letter by signing and dating the attached copy, ' and returning
it to me in the enclosed, envelope.
i
;.
Your very truly, as.
ki Enclosure : $ ° i
� 1 f4
s On 19 , 1 received this letter and the fee of S
iZip
for the issuance . of a Use and Occupancy Certificate.
#,
An inspection will be made by our office within three days .1,; A,
An inspection will not be made by our office.
Building Inspector .
'b .1#
City of Salem
x BUILDING DEPARTMENT
.s
FIELD CORRECTION NOTICE c,
LOCATION �� �re��r+ 7- £' /°/" PERMIT N0.
ISSUED TO � 1 ` Y L`b' S `'` }= <IAIA ^
PERMIT HOLDER ANO/OR ALL RESPONSIBILE PARTIES.
NOTICE DELIVERED TO —y/,r /� ' '�ti f �^ ��'✓�
Upon inspection, violations of the Sec were in evidence.
The following orders are hereby issued for their correction:
' �
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PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE
AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED
ON OR BEFORE
t �/,
DATE � BY
INSPECTOR
FILE COPY
01i#V►- .of $Aem, ��rltt�sttc.��zsz##�
il < Public Proper#g Pe ttr#meu#
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X2*-,X" XX 1 Salem Green
zap-nz i:�
April 5 , 1976
Ms. Eva Shapiro
11 Holly Street
Sal m, MA 01970 RE: 9 Ocean Terrace
Dear Ms . Shapiro,
In responce to a co-plaint by the Salem Fire Prevention Bureau,
an inspection of 9 Ocean Terrace was conducted by this department
on April 5 , 1976.
The inspection revealed that both front and rear porches are in. an
extremely hazardous condition. In addition, the rear egress door
was found nailed. closed.
These conditions are a hazard to public saftey and must be corrected
at once or further action will be taken.
Please obtain the necessary permits prior to the start of work.
Sincerly yours,
John B. Powers - Inspector of Buildings
JBP%cc
copies : files
` #g of itt1Pm. Mafmar4useits
( �a, �:� �` � �tr4 �r srtsnen! 3Hrad utts7rre
,game$ 7- Arum= FIRE PREVENTION BUREAU
Chief
In compliance with Chapter 1489 Section 28A of the General Laws of the
Commonwealth of Massachusetts, you are hereby notified of the following
complaint, which we believe to be in violation of the General Laws or
local codes or ordinances. This complaint appears to require official
action on your part, to ensure compliance with the intent of the law and
for protection of life and property.
Location of Complaint or Hazard 9 Ocean Terrace
Date Originally Received by Fire Prevention Bureau 04/01/76
Complaint by Luit. C=er ire. Address png- r,n_ A5
Nature of Complaint Rear egress door nailed to keep closed due to
f unsafe condition of rear porch.
t
Initial Inspection Datesn,/02/76 Time: Q-QK A -M_
Fire Prevention Inspectors Ronald R. Holloran
Action Taken: Reffered to Bulidine Insp. .
I
Other Departments Notified: Building Insp.
Owner. Eva Shapiro
11 Holly St.
Salem,Mass.
Form #57(Rev. 5/73)
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LEVE EESh 6000 00hE 660L
CITY OF SALEM, MASSACHUSETT
BUILDING INSPECTOR
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970Fill
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CITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR
120 WASHING;I'ON$'fRP.E'1 * SALEM,MASSACHUSETTS 01970
TEL:978-745-9595 ♦ FAX:978-740-9846
Jan 25,2008
9-11 Ocean Terrace
Mathew Banko
9-11 Ocean Terrace _
Salem Ma. 01970
Mr. Banko , This Department has received a complaint regarding construction work
being performed at your property. This Department has no record of plumbing or building
permits for this work. Therefore, under the authority of the Mass State Building Code 780
C.M.R section 115.6 an inspection of your property is required. You are directed to
contact this office upon receipt of this letter to arrange for the inspection . Failure to
arrange an inspection will result in further enforcement actions. If you feel you are
aggrieved by this order, your appeal is to the B.B.R.S in Boston.If yo have any questions,
contact me directly.
�mas J. St.Pierre
Building Commissioner
1 'j,r„
car
City of`Salem
BUILDING'DEPARTMENT
cumrE�
FIELD CORRECTION NOTICE
LOCATION �( < <rnfjni �� /{ // PERMIT NO. 3 2
ISSUED TO
PERMIT HOLDER ANO/OR ALL RESPONSIBILE PARTIES.
NOTICE DELIVERED TO
Upon inspection, violations of the Secwere in evidence.
The following orders are hereby issued for their correction:
C. � �� Ct. t ( C'1r� i ��l'I V S � :1_.0 � �. I/y C.•
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7 A utn1tc .
Tu I :l 7!� r S L'f�.� �`t a ;�1^ Gn.f /
PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN .'COMPLETED. ACCEPTANCE
AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED
ON OR BEFORE
DATE ..... F I -. BY
&A4/ , / C<•� r�'%`
INSPECTOR
FIELD COPY
City of Salem
BUILDING"DEPARTMENT
�cumac
FIELD CORRECTION NOTICE
LOCATION �` � O c2.cv 'f' C/ t,A PERMIT N0.
ISSUED TO
I PERMIT HOLDER AND/OR ALL RESPON5I BI LE PARTIES.
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NOTICE DELIVERED TO 5 1'D LII vl)- 5 r d,A
d `"
Upon inspection, violations of the Secwere in evidence.
The following orders are hereby issued for their correction:
",4
PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE
AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED
ON OR BEFORE �l
DATE _) .. I� I� BY � � i (, Imo✓
INSPECTOR
FIELD COPY
cowl
City of Salem
BUILDING DEPARTMENT
m�
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FIELD CORRECTION NOTICE
LOCATION �� CO—w 7" /C1- PERMIT N0.
ISSUED TO
PERMIT HOLDER AND/OR ALL RESPONSIBILE PARTIES. c
NOTICE DELIVERED TO 5 , ',k'k
V
Upon inspection, violations of the Sec were in evidence.
A
The following orders are hereby issued for their correction:
C(t�t�,� rL+
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t
PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE
AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED
ON OR BEFORE .
{ ((y��ORE J
DATE � � 1 ' CS' (J BY A ' � f / /
INSPECTOR
FILE COPY