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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext 381
Will hold a public hearing for
all persons interested in the petition
submitted by BRUCE BORNSTEIN is
seeking to modify the Special Permit
granted 5/12/04 to add additional
units for the property located at
6 Nichols Street R-2.Said hearing will
-
be held on Wednesday,October 19,
2005 at'6:30 P.M, 120 Washington
Street,3rd floor,Room 313.
Nina Cohen
(10/5,12) Chairman
i
Legal Notice
1 CRY OF SALEM
BOARD OF APPEAL
I! 978-745.9595,Ext 361
will hold a public hearing for all per-
sons interested in the petition submit-
ted by BRUCE BORNSTEIN request-
. reduce the size of the spart-
mems that were granted by a previ-
ous Special Permit on SM204 for the
property located at 6 Nichols Street R-
2. Said hearing will be held on
F Wednesday, November 16, 2005,
6:30 p.m., 120 Washington Street,
F 3rd floor,Room 313.
Nina Cohen,Chairman
J CITY OF SALEM9 MASSACHUSETTS
OF `SALEM. MA
BOARD OF APPEAL CL-RK S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVIC2, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9848 ZOOS NOV 23 A 9* 35
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A
MODIFICATION OF A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 6
NICHOLS STREET R-2
A hearing on this petition was held on November 16 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Robin Stein, Edward
Moriarty and Nicholas Helides. 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.
Petitioner requests a Modification from terms of a Special Permit to allow change in size
of apartments for the property located at 6 Nichols Street located in an R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures 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, and after
viewing the plans, makes the following findings of fact
DECISION OF THE PETITION OF BRUCE BORNSTEIN REQUESTING A
MODIFICATION OF A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 6
NICHOLS STREET R-2
page two
1. Petitioner Bruce Bornstein owns a building at 6 Nichols Street which is presently
used as an environmental testing lab and business in accordance with a special
permit granted by this Board in September 30, 1992
2. In May 2004, Mr. Bornstein requested the Board grant him a Special Permit to
allow three residential apartments at the property. These would be located in the
same business as the environmental lab, with two units on the second floor and
one on the third floor. After a hearing the Board granted a special permit for the
residential uses subject to a number of conditions.
3. The present petition is being submitted because due to existing structural
conditions, Mr. Bornstein has revised the plans for the residential apartments.
Although there will still be two units on the second floor, due to an unstable
condition of the floor Mr. Bornstein now wishes to convert a smaller area to
residential uses. Accordingly he is before this Board to seek modification of the
original floor plans for the second floor apartments. The third floor apartment is
unaffected by this petition.
4. There was no opposition to the proposed modification of the permitted
apartment floor plans.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor
and in opposition to grant the Special Permit requested, subject to the following
conditions;
1. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to
DECISION OF THE PETITION OF BRUCE BORNSTEIN REQUESTING A
MODIFICATION OF A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 6
NICHOLS STREET R-2
page three
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. Petitioner shall obtain a building permit before beginning any construction
4. Petitioner shall comply with all City and State statures, ordinances, codes and
regulations
5. Petitioner shall obtain a Certificate of Occupancy.
6. Existing finishes of the new construction shall be in harmony with the existing
structure.
7. Petition shall continue with all the previous conditions of May 12, 2004.
Special Permit Granted /Ni
November 16, 2005a Cohen �C
Board Of Appea
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 MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
A.
• CITY OF SALEM, MASSACHUSE�7�K S pFFH, A
BOARD OF APPEAL
s 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595 1004 MAY 26 P
FAX (978) 740-9846 3 03
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
A hearing on this petition was held on February 18, 2004 where a continuance was
granted to March 17, 2004. The matter was further continued to April 21, 2004 where
due to the unavailability of all the specific set of members hearing this petition, it was
again continued to a Special Meeting on May 12, 2004 with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Nicholas Helices, Joseph
Barbeau and Bonnie Belair. 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.
Petitioner requests a Special Permit to change a non-conforming building located in an
R-2 neighborhood by continuing the current use of the first floor level for the
Environmental Testing Lab (Massachusetts State Certified Lab #072) and use of the
second and third levels to house three residential units. The property is an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures 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, and after
viewing the plans, makes the following findings of fact
CirY GF SAL EN.
CIERK'S OFFICE A
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREETSTREK14
page two 26 P 03
1. The existing Environmental Lab is State Certified #072 and previously allowed by
a Special Permit granted September 30. 1992.
2. The currently operating Environmental Lab has no plans for expansion.
3. Abutters raised concerns about difficultly parking in the neighborhood, failure of
the Petitioner to maintain his property, and misuse of the property in the past.
4. Attorney George Atkins representing Petitioner states that the Petitioner as a
commercial taxpayer must find a way of maximizing the use of his property so as
to offset his tax burden and overhead, that the rental of the third floor unit was
mistakenly done by his client's misunderstanding of the R-2 zoning that there are
sufficient parking spaces on the site foe the uses requested and that the
allowance of this Special Permit will bring this property closer to the residential
nature of this neighborhood than other uses.
5. Attorney Atkins submitted a suggested list of conditions that could be added to
this agreement to help instigate issued raised by abutters.
6. Petitioner submitted a detailed parking plan for the property, including 13
parking spaces allowing for 2 spaces per unit with additional spaces for the use
of business and other visitors.
7. Steve Livermore, Architect, introduced floor plans for the second and third floor
Residential units, which would be 2 two-bedroom units on the second floor and 1
three bedroom unit on the third floor. A new egress staircase will be constructed
that would improve tenant access to the parking area, and additional windows for
better light and ventilation, as well as emergency egress as per code.
8. An appropriate snow removal plan including on site snow storage plan be
Implemented and used.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
CI f JF SALEM MA
CLLt2K,S OFFICE
DECISION OF THE PETITION ON BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
page three 1004 MAY 26 P
3' 03
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions;
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to
3. All construction shall be done as per the plans and dimension submitted and
approved by the Building Commissioner and dated May 12, 2004.
4. Petitioner shall obtain building permit prior to beginning any construction and permit
Must be obtained no later than June 18, 2004.
5. Exterior finished of the new construction shall be in harmony with the existing
construction,
6 Certificate of Occupancy shall be obtained
7. All Rental and/or Lease Agreements shall include working that precludes the use of
these residential units for any business purpose, and that any pet waste must be I
Immediately attended to in the appropriate manner.
8. All Rental and/or Lease Agreements shall include working that makes it binding or
these tenants to park only to the provided off-street spaces.
9 That no trailers shall be stored on these premises
10 The owner shall paint and maintain painted parking lines.
11. The owner shall landscape per submitted plan, and maintain same landscaping.
12. The owner shall first complete exterior repairs and exterior painting.
13. All Rental and/or Lease Agreements shall contain working that precludes the
Cohabitation of more than 6 persons per dwelling unit.
14. The above-mentioned exterior painting must be completed before the end of this
year.
Special Permit Granted Joseph Barbeau
May 12, 2004 Board of Appeal p
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 MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
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