6 NICHOLS STREET - ZBA (3) 6 NICHOLS STREET
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l Legal Nohc ,
l CITY OF SALEM
r BOARD OF APPEAL i
745.9595 Ext.381 _
Will hold a public hearing for all
Persons interested in the petition sub-
mitted by BRUCE BORNSTEIN
requesting a Special Permit to th
change a nonconforming building to Pt
allow existing Environmental Lab to .tai
remain and to allow 2 residential tion
units to second floor and one unit WE
on the third floor for the property Thi
located at 6 NICHOLS STREET R-2. Aui
Said hearing to be held WEDNESDAY, Feb
'FEBRUARY 18, 2004 AT 6:30.P.M., h
Pu
120 WASHINGTON STREET, 3RD Ave';
,FLOOR. . Ui
Nina Cohen,Chairman Inclui
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COMPLAINT FILED:
cc: City Solicitor - 6/10/04
Bd. of Appeals
Bd. of Appeals, Chairperson
June 8, 2004
Leo Jodoin
8 Hanson Street
Salem, MA 01970
HAND-DELIVERED
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Salem City Clerk — N:
Salem City Hall D' o r-
120 Washington Street o m3
Salem, MA 01970 N.
ao
RE: Leo Jodoin
VS.
Salem Board of Appeals
Civil Action No.
Dear Sir or Madam:
Pursuant to G.L.C. 40A, X17, notice is hereby given of the filing of
the above said action.A copy of the.complaint is attached hereto.
Very truly yours,
Leo Jodoin
i
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. LAND COURT
DEPARTMENT
CIVIL ACTION NO.
LEO JODOIN,
PLAINTIFF
vs.
NINA COHEN, STEPHEN HARRIS
NICHOLAS HELIDES, JOSEPH z uicr
BARBEAU, BONNIE BELAIR
As they are members of the Salem D �_
Board of Appeals, o my
DEFENDANTS co
PLAINTIFF'S COMPLAINT
1. The plaintiff, Leo Jodoin, as the abutter, is the owner,of real estate located
at 8 Hanson Street, Salem, MA(hereafter referred to as "the plaintiff'). The
plaintiff is aggrieved by a decision of the Salem Board of Appeals (hereafter
referred to as "the Board") to grant a Special Permit to Bruce Bornstein for
the property located at 6 Nichols Street.A certified copy of the decision of
the Board is attached hereto and marked "A."
The plaintiff brings this action appealing from said decision pursuant to G.L.
c.40A, 517.
2. The Board consists of the following individuals:
Nina Cohen , 22 Chestnut Street, Salem, MA 01970
Stephen Harris, 148 North Street, Salem, MA 01970 .
Nicholas Helides, 20 Central Street, Salem, MA 01970
Joseph Barbeau, 48 School Street, Salem, MA 01970
Bonnie Belair, 113A Federal Street, Salem, MA 01970
3.A hearing on the petition of Bruce Bornstein was held on February 18,
2004 where a continuance was granted to March 17, 2004. The matter was
further continued to April 21, 2004 and again continued to a "Special
Meeting" on May 12, 2004 for a Special Permit to change the existing non-
conforming use and building located in an R-2 neighborhood by continuing
the current prohibited non-conforming use on the first floor level for an
environmental testing lab and to expand the non-conforming use of the
second and third levels to house three residential dwelling units. The
premises are located in an R-2 residential district.
4. The Salem Zoning Ordinance (hereafter referred to as "the Ordinance")
prohibits laboratories and multifamily dwellings in the R-2 district and does
not permit the use and non-conformities to be enlarged upon, expanded, or
extended nor to be used as grounds for adding other prohibited structures or
uses elsewhere in the same district by Special Permit.
5. The Board is the Special Permit granting authority in the City of Salem.
6. The plaintiff brought forth findings of fact and evidence which was
presented at the hearing as to why the ordinance prohibits the issuance of a
Special Permit, but the Board arbitrarily and capriciously approved the Mr.
Bornstein's application.
7. The Board's approval of Mr. Bornsetin's application for a Special Permit
was based upon legally insufficient and untenable grounds for the
following reasons: (a) the Board was motivated by its desire to
overlook the existing non-conforming use and to allow the non-conformity
to be expanded; (b) the Board incorrectly concluded that special conditions
and circumstances exist which especially affect the land, building or
structure involved and which are not generally affecting other lands,
buildings, or structures in the same district; ( c ) the Board incorrectly and
unlawfully based its approval of the Special Permit on the fact that, the
literal enforcement of the provisions of the ordinance would involve
substantial hardship on Mr. Bornstein, and that the relief requested was
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; (d) the Board incorrectly and unlawfully
concluded that the proposed use and granting of the Special Permit would
be in harmony with the neighborhood and will promote the public health,
,
public health, safety, convenience, and welfare of the city's inhabitants; and
(e) such other reasons as are discovered by the plaintiff in the course of this
litigation.
8.The decision of the Board exceeds the authority of the permit granting
authority.
9. The decision of the Board lacks the requisite specificity of reason for
approval.
Wherefore, the plaintiff prays as follows:
1. That the decision of the Board be annulled;
2. That this honorable Court enter an order vacating Mr. Bornstein's Special
Permit application.
3. For such other relief as this Honorable Court deems meet and just.
Respectfully submitted,
n
Leo Jod
8 Hanso Street
Salem, MA 01970
(978) 745-7983
Dated: June 8, 2004
v�Aco CITY OF SALEM, MASSACHUSETTS ClrI� OFF \BOARD f- A
APPEAL
3
ALEN
120 WASHHIINGTTONOSTR ET, 3RD FLOOR CL`rtr,,S QF/-6 �
SALEM, MA 01970 f
�a TEL. (978) 745-9595
FAX (978) 740-9846 1004 "A26 OJ
STANLEY J. USOVICZ, JR.
MAYOR p 3.
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 Helides, 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
CITyOF- c
CLERK S O FI
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREETSTREET R-2 14
page two 04 Af4 r,263:
1. The existing Environmental Lab is State Certified #072 and previously allowed by A 3'
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 faci, 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.
C/ry OF
C(ERK,S oFF� tA
DECISION OF THE PETITION ON BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET t j
page three U44 MAY 26 p
4. Special conditions exist which especially affect the subject property, but not the �3
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
G _ 0
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. Cn
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CITY CLERK
SALEM, MASS.
CITY OF SALEM, MASSACHUSE-rT2§r SALEM, MA
BOARD OF APPEAL L� K S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 1004 MAY 2b P 103 ,
STANLEY J. USOVICZ, JR. 3
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 Halides, 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
C'n or-
CORK'S OFFI.F A
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREETSTRE
page two
"451h 26
P
1. The existing Environmental Lab is State Certified #072 and previously allowed by 3 03
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.
clr �F 4LEM. M/
CLLRK'g 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 P3; 0:
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
aC�,
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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April 21,2004
To: Members of The Salem Board Of Appeals
Subject: 6 Nichols Street Appeal
From: Leo Jodoin
Atter further review of the plans and intent of the appeal before you tonight, l wish to
address the following issues and once again express my opposition to this project:
1) Article Vlll. Section 8-1. (b)—Nonconformities SHALL NOT be enlarged upon,
expanded or extended nor be used as grounds for adding other prohibited
structures or uses else where in the same district.
2) Any change in use to expand or alter this nonconformity by adding a multi family
residential use to this property and structure, would if allowed by this ordinance
require the petitioner to have applied for a variance from the terms of this
ordinance As called for in Article IX, Section 9-5.
3) As a result of the plan submitted for review and in accordance with Article VI
Density Regulations in Section 6-1 and Table 1 the following Variances would be
required within the R-2 District if allowed by this ordinance:
a) Minimum Lot Area(square feet) of 15000' required
b) Minimum lot area per dwelling unit sq. ft. 7500' required
c) Minimum Lot width (feet) 100 ` required
d) Maximum Lot coverage by all buildings 35%
e) Minimum width of side yard (feet) 15 ` required
t) Minimum depth of front yard (feet) 15' required
g) Maximum height in stories 2 '/s
As you can see from the above list the petitioner does not meet any of the require Density
Regulations and therefore would be required to seek a variance if the use was a permitted
use in the R-2 District which it is not.
Thank you for allowing me to express my opposition to this project.
Dear, Board of Appeals
I write this letter to you to voice my support for Leo Jodoin and his
neighbors. I stand with them in their opposition to the petition of Mr.
Bornstein for the following reasons.
This is an application for a special permit that may be granted. If this was
something that was allowed by right we would be using the word shall instead
of may and we would not have this item on the agenda tonight.
I believe that when you apply for a special permit you are asking for
permission to change your property, but you are also asking your neighbors
for permission to change the neighborhood they live in. I support these people
because I respect the knowledge they have of the area they live in, and
because I appreciate that they are either Salem natives who stayed here and.
bought a home here instead of moving away, or non-Salem natives who
choose to make Salem their home.
I believe we should do everything we can to keep these people living
right here in Salem, because it is the right thing to do, and because we
appreciate the contribution they make to Salem's economy by spending their
weekly paychecks at the local business establishments, as well as paying their
mortgage and taxes.
I believe strongly that you should always be a good to your neighbors,
especially the elderly, and help them in any way you can. I also believe that
this is the way that most of our citizens feel.
With this in mind I ask you to listen to the neighbors, learn about the
history of their relationship with the petitioner, look at the way he acted
before he needed something from them and from you, and decide for yourself
if he has acted special enough to earn a special permit from this board.
Thank You
Arthur C. Sargent III
Councillor-at-Large
Dear, Board of Appeals
I write this letter to you to voice my support for Leo Jodoin and his
neighbors. I stand with them in their opposition to the petition of Mr.
Bornstein for the following reasons.
This is an application for a special permit that may be granted. If this was
something that was allowed by right we would be using the word shall instead
of may and we would not have this item on the agenda tonight.
I believe that when you apply for a special permit you are asking for
permission to change your property, but you are also asking your neighbors
for permission to change the neighborhood they live in. I support these people
because I respect the knowledge they have of the area they live in, and
because I appreciate that they are either Salem natives who stayed here and
bought a home here instead of moving away, or non-Salem natives who
choose to make Salem their home.
I believe we should do everything we can to keep these people living
right here in Salem, because it is the right thing to do, and because we
appreciate the contribution they make to Salem's economy by spending their
weekly paychecks at the local business establishments, as well as paying their
mortgage and taxes.
I believe strongly that you should always be a good to your neighbors,
especially the elderly, and help them in any way you can. I also believe that
this is the way that most of our citizens feel.
With this in mind I ask you to listen to the neighbors, learn about the
history of their relationship with the petitioner, look at the way he acted
before he needed something from them and from you, and decide for yourself
if he has acted special enough to earn a special permit from this board.
Thank You
Arthur C. Sargent III
Councillor-at-Large
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March 17, 2004
To the Members of the Board,
My name is Pamela Ryan, I reside at 4 Nichols St. I am writing to you as I am
unable to attend this meeting yet feel I must be heard in some way. The reason for my
letter is to address the property next to mine, 6 Nichols St. I moved into the
neighborhood last year,next to what I assumed was an abandoned building. The reasons
for this assessment came as I looked at the building. The paint was peeling off the
building into my backyard. The foundation had huge gaping holes in it, large enough for
small animals to take shelter and create homes in. The windows facing my home were
blocked from the inside with things like a picket fence section, insulation, and flattened
boxes. As I moved in during the winter, I noticed no one shoveled the sidewalks. As
winter turned into spring no one cut the weeds growing wildly in front of the building.
They became a real nuisance to the neighborhood as Nichols St is a one way street and
parking is allowed on only one side. I found that neither I nor our neighbors could get
into or out of the passenger side of our cars. I thought for certain the property was
abandoned, for who would do this to their fellow neighbors.
Within a couple months, a strange thing happened, people began moving in. At
first I welcomed a residential addition to our neighborhood for many reasons. First and
foremost,the maintenance issues I have already mentioned would be addressed.
Secondly, living next door to a factory building tends to decrease the value of your
property, especially if it appears abandoned.
Finally, I though my wait was over!! Lights were on at night where there were
none before, curtains were going up, I was getting excited. So I waited,thinking anyone
who owns a building with residential tenants would want them to have a nice place to
live. Sadly, a year later nothing has changed for the better. In fact things have gotten
worse. The tenants have vehicles that they need to park. On a street where parking is a
premium already, more cars were added. We did our part to help alleviate this condition
by creating off street parking for us and our tenants. This helped a little, but there are
times during the day when the street is packed on both sides, often times blocking access
to our garage. The parking became a greater problem when we got snowstorms. The
tenants did not move their cars for the snow emergencies;our street did not get plowed
properly causing even more spaces to be lost on our already overpopulated street. I must
admit the sidewalk did now get shoveled, if only one foot wide, but it was being done.
Then one summer day I was in my backyard, with my cats,telling my neighbor
how excited I was about the new tenants. It was then I was informed about the
circumstances of the building. The ownership had not changed, there were no
improvements planned. Worse was the news that there was a chemical company actually
operating out of the building. I was horrified. I grabbed my cats and got them into the
house. You see they like to eat grass, grass that is located downhill of a building with
holes in the foundation that houses a chemical company. Was it possible for the
chemicals to leak through that foundation and into my yard?I wasn't taking any chances.
Words can't describe the shock I experienced,this whole time not only was the building
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occupied, but now I learned it a chemical company. How could these two things, a
chemical company and residential property exist in the same building? How could our
city let that happen? I was concerned for the tenants,how safe is it to live there? Could
the chemicals cause an explosion, exploding the whole building? That is when I learned
that the housing was illegal. What if there was a fire, would the firemen know there were
people inside to save? I was scared for them
I have no problems with changing the variance of the property;I would love to
see it as residential, all residential. But before this is done I ask that the property be
improved,to address all the issues the neighbors have. I also believe that by granting the
variance switch at this time, nothing will be done to improve anything. This is your
chance, our chance to clean up this property and our neighborhood. By holding back the
variance, you are forcing this gentleman to improve it or be denied something that will
make him profitable. This is the only way things will be changed. Already he has created
illegal housing, what will stop him if not you, now,tonight?I am not one to rush to
judgment,or to prejudge people before I have actually met them I investigated;I was
given material to read,the same material you have to read, and I determined this isn't
someone who follows the rules. This is someone who bends the rules to suit him Please
look at all the facts, look at the support the neighborhood has against this, and vote the
way you need to.
Thank you for your consideration,
Pamela Ryan
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We,the undersigned, wish to petition a cease and desist order on the illegal rental of an apartment
at 6 Nichols Street, Salem, Ma. and the outside parking/storage of trailers or vehicles pertaining to
New England Chromachem(NEC)or any other businesses operating out of the premises. Special
permits (if applicable) shall be obtained thru the process set up by the Board of Appeals and the
formal abutters notification—any and all violations shall be enforced by the Inspector of Buildings
per the City Ordinance. This would help to eliminate the parking stress and improve the quality of
life in the neighborhood.
Name Address City State
pj \�
5 Al
J> 1USfarLD 'S 2—\( k'i � J— �!•F� 1+�l /wl SM14
UK/
l f�
e4 b dfbL 7 /z7,ifri.r/ f
I _ � � bu4'ler � j=(�� Sclero NIg
i� i�utle� Si AL 3 Sr I e w LIE
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r t IC- �- � �•:�a4 er . 't , r. .: ,r �� � !ruTt 'r - . f � �. .,
� ,,.,Gl 1 '.�'a�: 'r r .r - r rl- � r ti. F r .�: {. . . t:� r _ . . ..� v �, r�
'f ., .2 R,ri' Ai. 't t .. tir'. 1, ij... ,{ 1�:. .. .,,.k. � •.)'. :, e
.�$C�..` ,lr`� 'il r, f .. .,.. it �,.� ., lir; . "o: _. _ �: di .. .ii r
�. ,;will.-,.. . t
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We,the undersigned, wish to petition a cease and desist order on the illegal rental of an apartment
at 6 Nichols Street, Salem, Ma. and the outside parking/storage of trailers or vehicles pertaining to
New England Chromachem (NEC)or any other businesses operating out of the premises. Special
permits (if applicable) shall be obtained thru the process set up by the Board of Appeals and the
formal abutters notification—any and all violations shall be enforced by the Inspector of Buildings
per the City Ordinance. This would help to eliminate the parking stress and improve the quality of
life in the neighborhood.
Name Address Citv State
2
St. s
�
2 U'
r/ Pc(n S()t-1 5t 5 Q e Yr. MA
avoz
;¢ e, �j y s MA
AM
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• ?-i."tl:rl r '•T r )i�i � - SI `_, P, i df- ir• _ ,.. . . 4S4J . . IL' e': .. . ;
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We,the undersigned, wish to petition a cease and desist order on the illegal rental of an apartment
at 6 Nichols Street, Salem,Ma. and the outside parking/storage of trailers or vehicles pertaining to
New England Chromachem (NEC)or any other businesses operating out of the premises. Special
permits should be obtained thru the process set up by the Board of Appeals and the formal abutters
notification. This would help to eliminate the parking stress and improve the quality of life in the
neighborhood.
Name Address City State
r� AwtQnw !o &tea /moi �v
i62&�/Lys
CQAlarlk,fj�� 5=
lv 6
4
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t-,. ..� �.. . . i i � .. .. .ij 't .�� '.is --
i
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Petition
We the undersigned support Bruce Bornstein in his petition before the City of Salem Board
of Appeals regarding use of the building located at 6 Nichols Street.
We understand the petition as follows:
Allow two residential apartments on the second floor.
Allow one residential apartment on the third floor.
The first floor of the building would continue to be used as an environmental testing .
laboratory.
Tenants would park on the property, not in the street.
Name signature Address
J //
A1AA9,S 56Y
Ile I
1 '
-------------
`t; I r:',(o 6
6�1 vt- *&o T
51
J e �
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Petition
We the undersigned support Bruce Bornstein in his petition before the City of Salem Board
of Appeals regarding use of the building located at 6 Nichols Street.
We understand the petition as follows:
Allow two residential apartments on the second floor.
Allow one residential apartment on the third floor.
The first floor of the building would continue to be used as an environmental testing
laboratory.
Tenants would park on the property, not in the street.
Name / Signature Address J
a
30
r
E f) �E�tS,V ck lC o /V s 11
't(4,00, � -V5�
J ;
10
IOtvn T.
Mz-%lots 577
N eI� it
1 , 3 S
Petition
We the undersigned support Bruce Bornstein in his petition before the City of Salem Board
of Appeals regarding use of the building located at 6 Nichols Street.
We understand the petition as follows:
Allow two residential apartments on the second floor.
Allow one residential apartment on the third floor.
The first floor of the building would continue to be used as an environmental testing
laboratory.
Tenants would park on the property, not in the street.
Name ture Address
l�/Y�-c'Y •u ' /Z� PiP'
8' M AqO I S/cal- 2 3
'(17 U77�if�j SUrLD�A�J i (/�'N0�6'd�t�7'i C[-A-/2GE
rr r riiii Drf1MbTEs^12�-7/E.�L 2b'�TfS�
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$� HOFSo_y LOT ZSR. LO%ZlI
JOHN G
a GILBERT ��
o DICK m
. 32657 NicNdLS ST✓LL� -
48
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