6 NICHOLS STREET - ZBA (5) 6 NICHOLAS STREET
\ BRUCE BORNSTEIN J
J
('gi#u of "&I1em, ttsstzt zse##�
a�� 9 �nxr� rrf �}�erx1
•��IYRZ - KAY V 11_36 M '81
DECISION ON THE PETITION OF BRENTWOOD STRUCTURES, DC-FOR FILE#
VARIANCES AND /OR SPECIAL PERMIT AT 6 NICHOLS STREET AND CITY CLERK.SALEM.HAS'
12 HANSEN STREET (R-2)
A hearing on the petition was held on 'April 15, 1987 with the following Board
Ma-mbers present: Janes Hacker, Chainna:n, Messrs. , Fleming, Bencal, Luzinski
and Strout. 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 the provisions of Massachusetts General Laws, Chapter 40A. ,
The petitioner, represented by Attorney John Ser_afini, seeks the necessary
Variances and/or Special Permits to construct a twenty-two (22) unit, multi-
family, residential project at 6 Nichols Street and 12 Hansen Street. The
location of the property is in an R-2 zone.
The Variances which have been requested may be granted upon a finding of the
Board that: V
a. special conditions and circwmstances 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 in- `
volve substantial hardship, financial or otherwise, to the petitioner; and
c. desireable 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 purposes 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. No opposition was presented at the public hearing.-
2. The City Planning Department and the ward Four Councillor spoke in
favor of the plan.
3. The project will add to the housing stack of the City of Salem.
4. The project will eliminate a source of odor in the area and will be
an asset on the Boston Street corridor into the City.
5. Adequate on-site parking is provided.
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. Special conditions exist which especially affect the subject property
but not the district generally;
DECISION ON THE PETITION OF BRfNI%0OD STRUCrURFS, INC. FOR VARIANCES AND /OR
SPECIAL PERMIT AT 6 NIMES S'I?= AND 12 HANSEN STREET (R-2)
PAGE 2
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to the petitioner;
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.
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. Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcerlent of the Zoning Ordinance would involve substantial -
hardship to the petitioner;
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
Variances necessary to change the present industrial use of the property into
a multi-family, residential use and to extend the present non-corning structure
to accalmodate twenty-two (22) units as per the plans submitted, subject to the
following conditions:
1. That all construction conform to the requirements of the Massachusetts
Building Code.
2. That all the requirements of the Salem Fire Department, relative to
Fire Safety, be adhered to.
3. That all necessary Building Permits and Certificate of Occupancy be
obtained frau the Building Inspector, City of Salem.
4. That all construction be performed as per the plans submitted.
5. That the petitioner maintain adequate off-street parking, as per plans
submitted. ;
6. That proper numbering be obtained.
VARIANCES GRANTED ( y:
/,/James M. Fleming, Esquire
Member, Board of Appeal
t
FTS TEfdA BOARD AND THE CITY CLERK.
REPEAL FRO;.(AP,�.'D�il'�I�A >�LZ��A.,.�.
GENERAL LAWS. CHAPTER 80S. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS, GENERAL LAWS. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TACE EFFECT UNTIL A COPY OF THE DECISION. BEARING THE CERT.
FF,_ATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO AFPEAL HAS BEEN FILED,
CP, THAT. IF SUCH AN APPaEAL HAS BEEN FILE. THAT IT HAS SEE!; CIS.' iSSED OR DENIED IS
R'_C&IaOEO IIJ THE S-1,1H lCSSEX REGISTRY Oi NEEDS AND INDEXED UNDER THE NA;:ff OF THE 07CNER
nr c. -nom — 11 ...,. ,;nTrn ne T_c n;.c.•roc rroTinrtTr nc Tmr
r
%t S' tii SALtf i. F'A
.'S
f11itu of OFFICE�ttlPm, �tt»-SttLllusPfts
Q Paurb of �Fprzd
1999 OCT 22 P 3. 02
DECISION OF 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 October 20, 1999 with the following Board Members
were present: Nina Cohen, Stephen Harris, Michael Ward, Stephen Buczko and Richard
Dionne. 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.
At the request of the petitioners Attorney alides, the Salem Board of Appeal
voted 5-0, to grant leave to withdraw thispetittt hout prejudice for a Special Permit
to alter existing non-conforming use to allow a portion of the existing building to be used
for the sale of used motor vehicles for the property located at 6 Nichols Street located in
a R-1 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
October 20, 1999
0"/L "" \J\
Nina Cohen, Chairman
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 of the
Massachusetts General Laws 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 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 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 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.
Board of Appeal
OCT ! F 100-
Ili
of �511vni, � nsstzcljiisetts
Bonra of Append
DECISION ON THE PETITION OF BRUCE BORNSTEIN FOR A SPECIAL PERMIT AT 6
NICHOLS STREET (R-2)
A hearing on this petition was held September 30, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , and Stephen Touchette. 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 4OA.
Petitioner, owner of the property, is requesting a Special Permit to change
the use of the property from a machine shop to an environmental testing
laboratory. The property is located in 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(j ) , 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 or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or 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.
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 . Petitioner offered for the record a petition signed by sixteen ( 16)
abutters and neighbors in favor.
2. There were no objections voiced at the hearing and the Ward Councillor
spoke in favor of granting the petition.
3. Petitioner has maintained the building and surrounding property in
pristine condition.
n o
n
r�
m0 " CJ
�N
r
0 m O
`^ c o
PETITION OF BRUCE BORNSTEIN FOR A SPECIAL PERMIT AT
6 NICHOLS STREET, SALEM
page two
4 . The petitioner has performed work for many city and state agencies as
well as the Army Corp. of Engineers.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1 . The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. Testing be limited to the basement level only and that it be
environmental testing only, i.e. soil, water and 21E. No testing that is
considered hazardous to human life is to be done. This is decision is not
intended to prohibit further use of the building.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . That there be semi-annual inspection of the building by the City of
Salem Health Dept. and that all results and decisions of the Health Dept.
are to be binding on the petitioner.
SPECIAL PERMIT GRANTED
September 30, 1992 /
Richard Febonio, Vice Chairman
Board of Appeal
CQ
o _
� e
Q, Q:
O
CJ
U
DECISION ON THE PETITION OF BRUCE BORNSTEIN FOR A
SPECIAL PERMIT AT 6 NICHOLS STREET, SALEM
page three
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
MCL 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 Special Permit granted herein shall 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 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.
Board of Appeal
ti
C�
N
O
d ~U 1
U
, Of �t`I. IrM, C-1ca55arjjll5Pjt50CT Zb 3 Ob R X87
4 FILE F
DECIISON ON THE PETITION OF 6 NICHOLS STREET REALTY TRUST FOR
A SPECIAL PERMIT OR VARIANCE AT 6 NICHOLS STREET (R-2)
A hearing on this petition was held on September 30, 1987 , and continued by
agreement to October 7, 1987 with the following Board Members present: James
Fleming, Vice Chairman; Messrs. , Bencal, Luzinski .and Strout. 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.
The petitioner, represented by Attorney Neil R. Schauer, is requesting a Special
Permit and/or Variance to extend a present nonconforming use and structure, and to
construct a two tier parking facility at 6 Nichols St. The petitioner intends to
rehabilitate and convert the present property to operate a chemical laboratory for
the testing of water samples, and to lease spece for general warehousing, light
manufacturing, machine ship operation, non-automotive servicing, assembly work and
offices. Structural alterations and an increase in the area of the total buildine
would be made, and the two tier parking facility would be constructed according tc
submitted plans. The property is located in an R-2 district.'
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
Appeal nay, in accordance with Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming structures, and for changes,
enlargement, extension or expansion of nonconforming lots, land, structures, and
uses, provided, however, that such change; extension, enlargnent or 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.
in the alternative,I 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 off' the provisions of the Zoning Ordinance would invo
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.
DECISION 0? THE PETITION 6 NICHOLS STREET REALTY TRUST FOR
A SPECIAL PERMIT OR VARIANCE AT 6 NICHOLS ST. , SALEM
page two
The Board of Appeal, after hearing the evidence presented at the hearing, and
after viewing the plans, makes the following findings of fact:
1 . There was substantial neighborhood opposition to the petition, including
that of Ward Four Councillor Leonard O' Leary;
2. Petitioner was not able to define the various intended uses set forth
above. Without such definition, City Planner Gerard Kavanaugh testified
that the new proposed use would be. substantially more detrimental than
the existing nonconforming use to the neighbhorhood: The City Building
Inspector, William Munroe, also testified that it was necessary to clearly
define these proposed uses;
3. The Board determined that there was a hazardous waste or materials
problem on the site;
4. Petitioner failed to establish its burden of hardship.
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 . Special conditions do not exist which especially affect the subject
.property and not the district generally;
2. Literal enforcement of the Ordinance would not involve substantial
hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment to
the public good or without nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted one (1 ) in favor (Mr. Luzinski) and
three (3) opposed (Messrs. , Fleming, Bencal and Strout.) to the granting of either
it. By the vote of 1-3 the requested Variance or
a Variance or a Special Perm
Special Permit is denied.
VARIANCE AND/OR SPECIAL PERMIT DENIED
J?a.::es j. Fleming, Esq. , V' Chairman
A COPY OF TY.IS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND"
THE
TO 17CITY CLERK
.. Th.° E5C1.1-', -E` E PUPr�� '�G v5 f.♦ �, t;E CF THE
= c OF F
rau �_
L Lk' C C''. ' 1 CLERK ".
.. ♦ _ ✓ .. r TM
c OF TfiE C
Lf. �i..i. iF $�a ..:. •. c. cc :�;F.1 �F '-=_ SIT LE.
F.EC;�F.OED IC inE SiU:N E - irE O'a:!CEP.'S CERiIF ICGr .
OF RECORD OR IS RECORDED A"D � �cD O"
BOARD OF APPEAL
12/15/99 cc: City Solicitor
i Chairperson, Board
' ANKELES, HARMON & BONFANTI, LLP of—Appeals---
Board of Appeals!
—_�?
COUNSELLORS AT LAW
27 Lowell Street
PEABODY, MA 01960-5489
LEONARD A.BONFANTI AREA CODE 978 HARRY ANKELES
DAVID L.ANKELES Telephone 531-7000 FAX 532-3597 (1958-1990)
E-Mail: ab@ahblaw.com
PHILIP T.DURKIN MARSHALL E.HARMON
ATHAN A.VONTZAUDES (RETIRED)
NICHOLAS P.VONTZALIDES
JAMES I.BONFANTI
December 15, 1999 s _
C-,
cn o v
Deborah Burkin Shaw, City Clerk D
Salem City Hall -0 m
93 Washington Street D
Salem, Ma 01970 Co
RE: NOTICE OF APPEAL
BORNSTEIN, TRUSTEE VS. BOARD OF APPEALS
BOSTON LAND COURT CIVIL ACTION NO.: 260845
Dear Ms. Shaw:
Please take notice that on December 14, 1999, I filed a Complaint in the Boston Land
Court Department seeking to annul the denial of a special permit for Bruce Bornstein, Trustee of
King's Cove Realty Trust, for property situated at 6 Nichols Street, Salem, Massachusetts. The
denial of said special permit was filed with your office on November 30, 1999. This notice is
hereby given pursuant to M.G.L. Chapter 40A, Section 17, and a copy of the Complaint is
attached hereto.
Very truly yours,
Ankeles, Harmon& Bonfanti
AthanA. Vontzalides
AAV:gm
Enclosure
lggq
COMMONWEALTH OF MASSACHUSETTS /'S o
48
SUFFOLK,SS. LAND COURT DEPARTMENT
CIVIL ACTION NO.
BRUCE BORNSTEIN, AS TRUSTEE )
Of KING'S COVE REALTY TRUST, )
Plaintiff, )
V.
j
COMPLAINT r
STEPHEN C. BUCZKO, ) --
NINA V. COHEN, )
RICHARD E. DIONNE, )
STEPHEN R. HARRIS, ) c
RONALD B. HARRISON, ) —.
PAUL VALASKATGIS,and ) o
MICHAEL D. WARD,as they are )
Members of and constitute the )
Board of Appeals of the City of )
Salem, )
Defendants. )
INTRODUCTION
1. This is an appeal pursuant to M.G.L.Chapter 40A,Section 17,of a decision of the
Salem Board of Appeals (hereinafter referred to as the Board of Appeals) acting as
the Special Permit Granting Authority.under Sections 5-3 0),8-6,and 9-4 of the
Salem Zoning Ordinance,wherein the Board of Appeals denied the Plaintiffs
application for a Special Permit to allow the previously existing non-conforming use
of a portion of the premises numbered 6 Nichols Street,more specifically the
attached garage, to continue to be used for the sale of no more than three (3) used
motor vehicles with no outside storage or outside sale of said vehicles. A certified
copy of the decision of the Board of Appeals of the City of Salem,as recorded in the
office of the City Clerk,for the City of Salem on November 30, 1999,is attached
ANKELES.H MON hereto and incorporated herein by reference and marked"Exhibit A".
6 BONFAN .LLP
COUNSELLORS AT LAW
27 LDWELL STREET
'E ODY.M 01960-5989
(978)531-7000
(781)581-74
FA%(978)532-3597
PARTIES AND JURISDICTION
2. The Plaintiff, Bruce Bornstein,Trustee of King's Cove Realty Trust as owner of the
subject real estate,has a usual place of business at 6 Nichols Street,Salem,
Massachusetts.
3. The Defendants are members of the duly constituted Board of Appeals of the City of
Salem and reside in the City of Salem.
4. The Defendant,Stephen C.Buczko,resides at 27 Surrey Road,Salem,Massachusetts,
and is sued in his capacity as a member of the Board of Appeals and not
individually.
5. The Defendant,Nina V.Cohen,resides at 22 Chestnut Street,Salem,Massachusetts,
and is sued in her capacity as a member of the Board of Appeals and not
individually.
6. The Defendant,Richard E. Dionne,resides at 23 Gardner Street,Salem,
Massachusetts,and is sued in his capacity as a member of the Board of Appeals and
not individually.
7. The Defendant,Stephen R.Harris,resides at 30 Boardman Street,Salem,
Massachusetts,and is sued in his capacity as a member of the Board of Appeals and
not individually.
8. The Defendant,Ronald B. Harrison,resides at 450 Lafayette Street,Salem,
Massachusetts,and is sued in his capacity as a member of the Board of Appeals and
not individually.
9. The Defendant,Paul Valaskatgis,resides at 24 Gables Circle,Salem,Massachusetts,
and is sued in his capacity as a member of the Board of Appeals and not
individually.
10. The Defendant,Michael D.Ward,resides at 4 Hilton Street,Salem,Massachusetts,
and is sued in his capacity as a member of the Board of Appeals and not
individually.
11. The Plaintiff is aggrieved by the decision of the Board of Appeals in denying his
application for approval of the requested Special Permit.
STATEMENT OF THE CASE
ANKELES.HA MON
6 BONFA .LLP 12. Plaintiff purchased the subject real estate located at 6 Nichols Street,Salem, -
COUNSELLORS AT LAW Massachusetts,on or about January 25,1987. The property is situated in the R-2
27 LOWELL 57R Zoning District. The sale of motor vehicles is prohibited in said district without the
'EAROOY.MA 01960-5989
(978)531-7000 2
peU 561-7404
FAX(978)532-3597
benefit of a special permit pursuant to Section 5-30) of the Salem Zoning
Ordinance.
13. At the time of Plaintiff's purchase,the property consisted of a legally existing non-
conforming use and structure as set forth in M.G.L. Chapter 40A,Section 6,and was
used as a machine shop.
14. On September 30,1992,the Plaintiff applied for and was granted from the Salem
Board of Appeals a special permit to change the non-conforming use of the property
from a machine shop to an environmental testing laboratory. The special permit
decision specifically stated that the decision was not intended to prohibit further use
of the building. A copy of said decision is attached hereto and incorporated by
reference and marked"Exhibit B".
15. Plaintiff's building contains an attached garage which Plaintiff did not desire to
utilize with his environmental testing laboratory business.
16. On or about November of 1993,the Plaintiff applied for and was granted a Class II
(Used Car Dealers License) from the Licensing Board for the City of Salem, to utilize
the aforementioned garage for the sale of no more than three (3) motor vehicles with
all storage to be indoors.
17. Plaintiff,since November of 1993 to date,has been utilizing the garage area of the
property for the sale of no more than three (3)used motor vehicles pursuant to the
issued Class II motor vehicle license.
18. On or about September of 1999,the City of Salem,through its Building Department,
alleged that the Plaintiff required an additional special permit pursuant to Section 5
-30) of the Salem Zoning Ordinance to continue to use said garage for the sale of
used motor vehicles.
19. On or about October 21,1999,and in accordance with the procedures set forth in the
Salem Zoning Ordinance,Plaintiff submitted an application to the Salem Board of
Appeals for a special permit for the continued use of a portion of the premises at 6
Nichols Street,Salem, Massachusetts,more specifically the attached garage, for the
sale of no more than three (3) used motor vehicles with no outside storage or outside
sale of said vehicles. A copy of said Application is attached hereto as "Exhibit C".
20. Defendant,City of Salem Board of Appeals,held a public hearing on November 17,
1999 to consider the application of the Plaintiff for the issuance of a special permit
after notice and publication in accordance with M.G.L. Chapter 40A,Section 11, and
ANKELF .MARMON on said date voted to deny the special permit. The motion to approve said special
6 BONFANTI,LLP permit failed with two in favor and three opposed.
COUNSELLORS AT LAW
27 LOWELL STREET
'EABODV,MA 01960-5989
(978)531-9000 j
(781)561-7999
FAX(978)532-3597
21. The decision of the Board of Appeals of the City of Salem exceeds the authority of
said Board as a matter of law pursuant to Section 5-30) of the Salem Zoning
Ordinance. Said section states,in part, that: "...the Board of Appeals may,in
accordance with the procedures and conditions set forth in Sections 8- 6 and 9-4
herein, grant special permits for alterations and reconstruction of non-conforming
structures and for change,enlargement,extension or expansion of non-conforming
lots,land,structures and uses,provided,however,that such change,extension,
enlargement or expansion shall not be substantially more detrimental than the
existing non-conforming use to the neighborhood..."
22. The Board of Appeals,during the public hearing and in its decision,did not state
specific reasons or findings of fact to support its decision that Plaintiff's special
permit request would be substantially more detrimental than the existing non-
conforming use to the neighborhood.
23. The decision of the Board of Appeals denying the Plaintiffs special permit
application exceeds the Board of Appeals authority and is arbitrary and capricious
because,among other reasons,the decision fails to state a legally tenable reason for
denying the application;and the reasons cited in the decision for denying the
Special Permit Application are inadequately supported by specific findings.
WHEREFORE, the Plaintiff prays that this Honorable Court:
1. Annul the decision of the Board of Appeals;
2. That this Honorable Court enter an order approving Plaintiffs Special Permit
Application or directing the Board of Appeals to approve said application;
3. Award Plaintiff his costs and attorneys fees in this action;and
4. Grant such other and further relief as this Court deems appropriate.
BRUCE BORNSTEIN,PLAINTIFF
By his attorneys,
ANKELES,HARMON&BONFANTI
By,
Dated: December /x{,19992 `tib
Philip T. Durkin
BBO #139240
27 Lowell Street
ANKELES.H MON
6 BONFA .LLP Peabody,MA 01960
COUNSELLORS AT LAW (978) 531-7000
27 LOWELL STREET
'E ODY.MA 01960-S499
(976)531-7000 4
(781)501-7444
FAX(970)532-3597
Exhibit A
fQitu ofttlem, ussttcljusetts = `` ' ''"
i
4 Pottra of �kppezd
it, '0 A
.. ;n: 2c
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 November 17, 1999 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Ronald Harrison, Stephen
Buczko and Stephen.Harris. Notice of the hearing was sent to abuttars and others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to allow the previously existing non conforming
use of a portion of the premises, specifically the attached garage, to continue to be used
for the sale of no more than (3) used motor vehicles with no outside storage for sale of
said vehicles for the property located at 6 Nichols Street.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 0), 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 Sections 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change, extension,
enlargement or 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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after reviewing the plans, makes the following findings of fact:
1. Petitioner sought a Special Permit to allow use of the garage at 6 Nichols Street for
the sale of no more than 3 used motor vehicles with no outside storage or sale of
said vehicles. In previous years the garage on this property had been used for this
purpose by Lloyd Wilson, the operator of a used car business and the owner of a
Class 2 license for same.
DECISION OF THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
page two
2. Petitioner stated that the Licensing Board on October 4, 1999 granted the licensee,
Mr. Wilson, a Class 2 license with four (4) conditions: that there be no outside signs,
that no vehicles be stored outside the garage, that the business be limited to no
more than 3 vehicles, and that the loading bay would be used solely by the primary
business on the site, an environmental testing laboratory
3. Mr. Leo Jodoin of 8 Hansen Street, objected to the granting of the Special Permit on
the grounds that Mr. Wilson in past months had disregarded the conditions imposed
for the license. Mr. Jodoin stated that he observed that the used cars frequently
were prepared for resale and stored in the driveway and the street. He also stated
that deliveries to the site had occurred late at night, and more than 3 cars connected
to the business were often parked on the site. He brought photographs showing
violation of the Licensing Board conditions.
4. Mr. Jim LeBlanc, owner of 4 Hansen Street, objected to the petition on grounds that
Mr. Wilson's conduct of his business on the site created a nuisance condition for the
rental properties Mr. LeBlanc owns.
5. Both Jim Maskovitz, of the Gallows Hill neighborhood group, and Lenny O'Leary,
Ward 4 Councillor, objected to the petition on the grounds that the neighbors had
difficulty parking on the surrounding street, and had spoken to the owner
regarding difficulties with the operation of the used car business on the site.
On the basis of the above findings of fact, and on the evidence presented, the Board of
Appeal concludes as follows:
1. The Special Permit requested cannot be granted without substantial detriment
to the public good or without nullifying and substantially derogating from the
intent of the district or the purpose of the ordinance.
2. The granting of the Special Permit requested will not be in harmony with the
Neighborhood and will not promote the public health, safety, convenience and
Welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously 0 in favor and 5 in opposition
to the motion to grant the relief requested. Having failed to gamer the four affirmative
votes required to pass, the motion to grant fails and the petition for a Special Permit is
denied.
Special Permit Denied
November 17, 1999
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
page three
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 the City Clerk that 20 days have elapses 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.
Board of Appeal
RUE UOPyTTEST
CITY CLERK
SALEM, MASS.
EXHIBIT B OCT J
lV
ittg of -Mlem, ttsszzd�llsetta
Botts of Avpenl
DECISION ON THE PETITION OF BRUCE BORNSTEIN FOR A SPECIAL PERMIT AT 6 _
NICHOLS STREET (R-2)
A hearing on this petition was held September 30. 1992 with the following
Board Members present: Richard Bencal, Chairman: Richard Febonio, Francis
Grealish Jr. , and Stephen Touchette. 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 4A.
Petitioner, owner of the property, is requesting a Special Permit to change
the use of the property from a machine shop to an environmental testing
laboratory. The property is located in 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(j ) , 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 or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or 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.
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. Petitioner offered for the record a petition signed by sixteen (16)
abutters and neighbors in favor.
2. There were no objections voiced at the hearing and the Ward Councillor
spoke in favor of granting the petition.
3. Petitioner has maintained the building and surrounding property in
pristine condition.
• � o
n
r
mo .w
_ �r
4)
r
C m �
N
T
PETITION 0: BRUCE BOr,NSTEIN FOR A SPECIAL PERMIT AT
G NICHOLS STREET, SALEM
page two
4. The petitioner has performed work for many city and state agencies as
well as the Army Corp. of Engineers.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health safety, and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. Testing be limited to the basement level only and that it be
environmental testing only, i.e. soil, water and 21E. No testing that is
considered hazardous to human life is to be done. This is decision is not
intended to prohibit further use of the building.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. That there be semi-annual inspection of the building by the City of
Salem Health Dept. and that all results and decisions of the Health Dept.
are to be binding on the petitioner.
SPECIAL PERMIT GRANTED
September 30, 1992
Richard Febonio, Vice Chairman
Board of Appeal
0
K
� � v
U
page three
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 Special Permit granted herein shall 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 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.
Board of Appeal
ti
cj
H
-
�y
~U b
U
EXHIBIT C APPEAL CASE NO. . . . . . . . . . . . . .
33DIIrb IIT `A1J�7P211
TO THE BOARD OF APPEAL:
The Undersigned represent that heDk7G8 is/XV9 the owners of a certain parcel of land
located at:.. 6 Nichols. . . .. . . . . . . . . .Street; Zoning District. . ..,2
and said parcel is affected by section(a).. not, applicable of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section IX A.1 of the Zoning Ordinance.
CoAtinuation of non-conforming use only. No structural
changes proposed.
(Assessor' s Map 15, Lot 212)
..O
O
n
N
..i
v
W
N
The Application for Permit was denied by the Inspector of Buildings for tie following
reason(s):
Not applicable.
The Undersigned hereby petitions the Board of Appeal to vary, the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-taws and Building Code would involve practical difficulty or unnecessary,
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
Petitioner desires a Special Permit to allow the previously existing
non-conforming use of a portion of the premises numbered 6 Nichols
Street, more specifically the attached garage, to continue to be used
for the sale of no more than three (3) used motor vehicles with no
outside storage or sale of said vehicles.
FOR PETITIONER: BRUCE BORNSTEIN, TRUSTEE OF
Owner. . . .KING.S. •
HarmonAddress..
Ankeles, Harmon & Bonfanti COVEREALTY TRUST
Athan A. lides, Esq. MA 01970
...... ........
27 Lowell Street Telephone.(9. ..Qj..74,4-`6Uu
......
Peabody, MA 01960 Same as above
Tel. (978) 531-7000 Petitioner. . .. . .•.. .
Address. . Same as above
October 21, 1999 " " "". . . ....... ........•.•..
Date. ... . ............... Teleohone. . .Same_ as above -
KING' Ant ' 'TRUST
By. .. R
By its attorney, At a slides
Three copies of the application muse be filed with the Secretary, of the B of A
peal
with a check. for advertising in the amount of $....... pthe
four veetca prior to the
-`4-ft 04 tiRC•Doer&Qf eppeal. Check nava6Ie to tfle Slarem. EvP.aing, 1ja
ffifu of �`��tlritt, C �1s �trl�tisrf;s
S;
(Mir aIrm Gran
DECISION
DFr
SPECIAL PERMIT
SITE PLAN REVIEW i;!t=`
Nichols Street Realty ,Trust
6 Nichols Street CITY "% .
c/o Attorney John Serafini, Sr. MAS,
63 Federal Street
Salem, MA 01970
On Thursday, November 20, 1986, the Planning Board of the City of Salem
held a public hearing regarding the application of the Nichols Street
Realty Trust, 6 Nichols Street, Salem, for a Special Permit under
Section VII_R, Site Plan Review, of the Salem Zoning Ordinance,
with .
respect to the construction of 22 twenty—two condominium units at 6
Nichols Street . .
At a regularly scheduled meeting of the Planning Board .held on November .
20, 1986, the Board voced, . by unanimous vote, to approve the application
as -complying with the requirements for the issuance of a Special Permit,
subject to the following conditions:
1. Work shall conform to plan entitled, "Site Plan, 6 Nichols Street",
dated September 18; 1986, revised November 14, 1986:
2. Utility installation, including location of catch basins, shall be
approved- by the Engineering Department.
a. A detail of proposed electrical connection, including the
electrical transformer. shall be submitted for review and approval by
the Planning Department.
3. Snow storage areas shall be designated on the Site Plan and rev ieaed
and approved by the Planning Uepartment.
4. Landscaping of the site shall conform to plan entitled, "Landscape
Site Plan, 6 Nichols Street, dated November 19, 1986".
a. Maintenance of landscaping shall be the responsibility of the
developer, his successors or assigns.
b. There shall be no storage of. snow. on Landscaped areas.
5. Signage for the building shall beVreviewed and approved by the City
Planner prior to issuance of Certificates of Occupancy.
6. Exterior building material shall be cement stucco over wire mesh.
7 . Lighting for the project shall be reviewed and approved by the City
Planner DriOr tO issuance of Certificates of Occupancy.
Page 2
Site Plan Review-
6 Nichols Street
8. All construction shall be conducted in accordance with the following
conditions:
a• No work shall co-mence before 7 :00 a.m. on weekdays, and 8:00 a.m.
on Saturdays. No work shall continue beyond 5:00 p•m. To work shall be .
conducted on Sundays or holidays.
b. All reasonable action shall be taken to minimize the negative
effects of construction on abutters. Advance written notice shall be
given to all abutters 72 hours prior to commencement of construction.
c. A Clerk of the Works shall be provided, at the expense of the
developer, if deemed necessary by the City Planner or the Director of
Public Services.
•9 Copies of soil sampling tests taken during the 21—E process,-�d-
analysis of such process by appropriate agencies, shall be forwarded to
the Planning Department prior to issuance of building permits.
10. As—built plans, stamped by a Registered Professional Engineer shall
be submitted prior to issuance of Certificates of occupancy.
11. Any violation of these conditions will result in the revocation of
permits.
I hereby certify that atopy of this decision and plans have been filed
with the City Clerk and copies aze on file with the Planning Board•
effect until a copy of the decision
This Special Permit shall not take
bearing the certification of the City Clerk that twenty (20) days have
elapsed and no appeal has been filed or that if such appeal has been
filed, and it has been dismissed or denied, is recorded in the Essex
County Registry of Deedsand issnreco recorded onndexed in the
theaowner'sdcertificatethe
of
name of the owner c_ c -:d_ -c-
i
• title- The fee for recording or registering shall be paid by the owner
or applicant.
Walter B. Power, IIi hex`
Chairman, Planning Board v
s. t
(1litg ofttlem, sstt>rl�xzs�fts
t
=Z s Pnxrb of '�kpistt1
•�_,�.,� - SAT 36 M
DECISION ON THE PETITION OF BRENTWOOD STRUCTU.LS, Std.FOR FILf#
VARIANCES AND /OR SPECIAL, PERMIT AT 6 NICHOLS STREET AND CITY CLERK.SALEM.HAS
12 HANSEN STREET (R-2)
A hearing on the petition was held on'Apr" 15, 1987 with the following Board
I•ia'nbers present: James Hacker, Chairman, Messrs., Fleming, Bencal, Luzinski
and Strout. Notice of the hearing was sent to abutter..s and others, and
notices of the hearing were properly published in the Salm Evening News in
accordance with the provisions of Massachusetts General Laws, Chapter 40A.
acro
The petitioner, represented by Attorney John Serafini, seeks the necessary
Variances and/or Special Pernits to construct a twenty-two (22) unit, multi-
family, residential project at 6 Nichols Street and 12 Hansen.Street. The
location of the property is in an R-2 zone.
The Variances which have 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 in-
volve substantial hardship, financial or otherwise, to the petitioner; and
c. desireable 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 purposes 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 facty.
1. No opposition was presented at the public hearing.
2. The City Planning Department and the Ward Four Councillor spoke in
favor of the plan.
3. The project will add to the housing stock of the City of Salem.
4. The project will eliminate a source of odor in the area and will be
an asset on the Boston Street corridor into the City.
S. Adequate on-site parking is provided.
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. Special conditions exist which especially affect the subject property
but not the district generally;
DECISION ON THE PETITION OF BRES MOOD STRUCTURES, INC. FOR VARIANCES AND /OR
SPECIAL PERMIT AT 6 NICHOLS STREET AND 12 HANSEN STREET (R-2)
PAGE 2
2. Literal- enforcement of the Zoning Ordinance would involve substantial
hardship to the petitioner;
3. The relief requested canbe 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.
Od the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Zoning Ordinance would involve substantial -
hardship to the petitioner; _
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
Variances necessary to change the present industrial use of the property into
a multifamily,twenty-two
(22)eand to extend the units as per the plans s1ubTLitted, subject to the
' structure
to accommodate twenty-
following conditions:
1. That all construction conform to the requirements of the Massachusetts
Building Code.
2. That all the requirements of the Salem Fire Department, relative to
Fire Safety, be adhered to.
3. That all necessary Building Permits and Certificate of occupancy be
obtained frau the Building Inspector, city of Salem.
4. That all construction be performed as per the plans submitted.
:5. That the petitioner maintain adequate off-street parking, as per plans
submitted. ;
6. That proper numbering be obtained.
VARIANCES GRANTED <�?'
/dames M. Fleming, Esquire j
Member, Board of Appeal
p
APPEAL FP,p:�aD�I�I�A�S.T.+S_LZg A.f_.SPp �..i:T t,IIWTI7IF MA� BOARD A0 THE CITY CLERK.
GENEM LAIWS. CHAPTER BOS. AND SHALL U FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF TEE CITY CLERK,
Pt1RSANT TO KASS. CENERAL LAZES. CHAPTER SM SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN. SHALL NOT TA."E EFFECT UNTIL A COPY OF THE DECISION. BEARING THE CERT-
F:;.t,T,!3� GF THE Cii: CLERY THAT 20 DAYS HAVE ELAPSED AND NO AFFEAL HAS SEEN FILED.
CF. -.'-'T G 5_,.-. APPEAL HAS BE`N FILE. ;F:A; IT H=5 °.J: CISt.:ISS_D OR DENIED IS
_. _. .. ___..-_.. ... :.:r: u:;^.:r tu: c'.:•r' OF TFF
IIf 5ajem, C �s�tttljuse#fsAcT 2b os p '8l
g = FILE&
�y S Aarb of 4PPAi CITY
DECIISON ON THE PETITION OF 6 NICHOLS STREET REALTY TRUST FOR
A SPECIAL PERMIT OR VARIANCE AT 6 NICHOLS STREET (R-2)
A hearing on this petition was held on September 30, 1987, and continued by
agreement to October 7, 1987 with the following Board Members present: James_
Fleming, Vice Chairman; Messrs. , Bencal, Luzinski.and Strout. 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.
The petitioner, represented by Attorney Neil R. Schauer, is requesting a Special
Permit and/or Variance to extend a present nonconforming use and structure, and to
construct a two tier parking facility at 6 Nichols St. The petitioner intends to
rehabilitate and convert the present property to operate a chemical laboratory for
the testing of water samples, and to lease spece for general warehousing, light
manufacturing, machine ship operation, non-automotive servicing, assembly work and
offices. Structural alterations and an increase in the area of the total buildinE
would be made, and the two tier parking facility would be constructed according tc
submitted plans. The property is located in an R-2 district.
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 o?
Appeal may, in accordance with Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming structures, and for changes,
enlargement, extension or expansion of nonconforming lots, land, structures, and
uses, provided, however, that such change; extension, enlargment or 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.
In the alternative,, granted upon a
the Variance which has been requested may be
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 invc
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 o; the district or the purpose of the Ordinance.
DECISION ON THE P£TITIOI: 6� NICHOLS STREET REALTY TRUST FOR
A SPECIAL PERMIT OR VARIANCE AT 6 NICHOLS ST. , SALEM,
page two
The Board of Appeal, after he the evidence presented at the hearing, and
after viewing the plans, hakes the following findings df' fact:
1 . There was substantial neighborhood opposition to the petition, including
that of Ward Four Councillor Leonard O'Leary;
2. Petitioner was not able to define the various intended uses set forth
above. Without such definition, City Planner Gerard Kavanaugh testified
that the new proposed use would be.substantially more detrimental than
the existing nonconforming use to the neighbhorhood. The City Building
Inspector, William Munroe, also testified that it was necessary to clearly
define these proposed uses;
3. The Board determined that there was a hazardous waste or materials
problem on the site;
4. Petitioner failed to establish its burden of hardship.
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 . Special conditions do not exist which especially affect the subject
.property and not the district generally;
2. Literal enforcement of the Ordinance would not involve substantial
hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment to
the public good or without nullifying or substantially derogating fron
the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted one (1 ) in favor (Mr. Luzinski) and
three (3) opposed (Messrs. , Fleming, Bencal and StroutJ to the granting of either
a Variance or a Special Permit. By the vote of 1-3 the requested Variance or
Special Permit is denied.
VARIANCE AND/OP, SPECIAL PERMIT DENIED �y O i
races ,. Fleming, Esq. , V _ Chairman
A COPY OF THIS DECISIO,: HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERI
7,CF TK
}':.E P'JES'J3rT TG
EE _ - - "-:E OF F:•_::"
_t:.'t.:.L L�.>•5. G!::. ._i. -- �:c, "= 7tiE L1Tl' GE.fiN.
TGLE.
Or F.ELORp Ofi 1S RELOR�EO A10 gy 20 OF APPEAL
OCT
Chi of �Mlrm, JEussttcljusetis,
,'.. �i �ottra .tif �upenl
DECISION ON THE PETITION OF BRUCE BORNSTEIN FOR A SPECIAL PERMIT AT 6 _
NICHOLS STREET (R-2)
A hearing on this petition was held September 30, 1992 with the following
Board Members present: Richard Bencal, Chairman: Richard Febonio, Francis
Grealish Jr. , and Stephen Touchette. 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, owner of the property, is requesting a Special Permit to change
the use of the property from a machine shop to an environmental testing
laboratory. The property is located in 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(j ) , 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 or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or 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.
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 . Petitioner offered for the record a petition signed by sixteen (16)
abutters and neighbors in favor.
2. There were no objections voiced at the hearing and the Ward Councillor
spoke in favor of granting the petition.
3. Petitioner has maintained the building and surrounding property in
pristine condition.
• � o
n
r
cm o
PETITION OF BRUCE BORNSTEIN FOR A SPECIAL PERMIT AT
G NICHOLS STREET, SALEM
page two
4. The petitioner has performed work for many city and state agencies as
well as the Army Corp. of Engineers.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning, Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
- 2. Testing be limited to the basement level only and that it be
environmental testing only, i.e. soil, water and 21E. No testing that is
considered hazardous to human life is to be done. This is decision is not
intended to prohibit further use of the building.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. That there be semi-annual inspection of the building by the City of
Salem Health Dept. and that all results and decisions of the Health Dept.
are to be binding on the petitioner.
SPECIAL PERMIT GRANTED
September 30, 1992
Richard Febonio, Vice Chairman
c� Board of Appeal
0
LU
:y
Q
O ti U
U
DECISION ON THE PETITION OF BRUCE BORNSTEIN FOR A
SPECIAL PERMIT AT 6 NICHOLS STREET, SALEM
page three
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 Special Permit granted herein shall 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 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.
Board of Appeal
ti
1 L•.,
H
U
MAPS
• OI
s '
t fL�o .`- $ \
2 y 2! �•1S �
19 O� O 31
/ T
:.," • -. G` o$ _ ?!Q `moi .9 0��0 R� �.
zs e A� 4 •
• vj,. tz- _ +}`� - �� tib.
17
C 82
ol
� 5
lic
o
�O t1e �Q ` - 0ry �' ♦ S J2T
resod ~' v9Q.S! • • as, /Ja• ��o
FT •c 2
, � eo
sF9
i S 6
eR
LL-W tim Q Q �V Q Q
VJ � Q V ti
~ti o Q Lr)
W
h � Q
�ry
e
a�w� oma,
m e
Z\4
� ,00'L5i
Q
QW
QW� o
o ~V
2 Q1 i i i i i i i i i mti �W rn y QRWa
y ti� ``Why
eQZao
�T oa I v a�em
J
'> oo'L5t ti � aW
m Lo
o �ti Lo ZZ(Zi W
om`�
�Jee
°j IN (ZS
a WhQaO
5 Rot
6K 11721 PG 423
(1 OECD Oln"3 03:31 Mri 40
l(�/ Brueo A. Bornatoin of 9 Belloau Road, Salem, Haaaechceotta
r for cvneidardtion of Ona Dollar (51.00) and nominal consideration
grant to Bruce A. Bornetoin, Treatee of King's Cove Realty Truat -
East u/d/t dated January 21, 1993 recorded with the Eeeox South
oiatri� Reglntry of Dead, recorded herewith, of SalOm, E090X
County, Noaenchuaotta
vith quitclaim covenants
the land in Salam, naaaaenusetto, in U.e County of Eocox, tog.ti.ar
� . vitt the buildingo thereon, known as and numbered 6 Nichols StrOat, g _
3 bounded and described as follows:
It S
K HORTHEASTrRLY by lane now or far only cf wnwh L Hill, 157.00
feet:
SOUTHEASTERLY by Henson Street, about 96.00 feet;
s
SOUTHWESTERLY by land nov or formerly of Arnold, 157.00 foot: and =
NORxmWEermLY by wiel+exo Seraet, 96.O0 fent. �
For my title see deed dated January 25, 1987 recorded in COOK 9297
page 007. �O
Witnoaead my hand and real Chic 21st day of January, 1991.
ez("
Bruce A. Barnetnin
t02MONNCAL2A aY wASGCRurartS
Essex, as. January 21, 1993
Than poreonally app.w.red the above named Bruce A, Bornstein and
aaknovlodged the foregoing inatrumant to he his from act and deed,
before mo,
N Y.�l van — NoCnry Publ e
1fy eommlaaion expires: 11/23/99
ANKELES,HARMON & BONFANTI, LLP
COUNSELLORS AT LAW
27 Lowell Street
PEABODY, MA 01960-5489
LEONARD A.BONFANTI AREA CODE 978 HARRY ANKELES
DAVID L.ANKELES Telephone 531-7000 FAX 532-3597 (1958-1990)
E-Mail: ab@ahblaw.com
PHILIP T.DURKIN MARSHALL E.HARMON
ATHAN A.VONT ALIDES (RETIRED)
NICHOLAS P.VONRALIDES
FAMES I.BONFANTI
October 19, 1999
Salem Board of Appeals
Salem City Hall
93 Washington Street
Salem, Massachusetts 01970
RE: REQUEST TO WITHDRAW SPECIAL PERMIT APPLICATION
BRUCE BORNSTEIN, TRUSTEE C
6 NICHOLS STREET, SALEM, MA p
o an
0 16
Dear Members of the Board: .
L" 1 7
The above referenced matter is scheduled to be heard at your meeting on We sday,
October 20, 1999. There was an error in our application concerning the requested reliEl. As a� COY
result, I will need to file a new special permit application, which will need to be republhed.
Therefore I am respectfully requesting to withdraw the above referenced application
without prejudice. I will be filing a new application in time to be heard at your November
meeting.
Thank you for your anticipated cooperation with this matter.
Very truly yours,
Ankeles, Harmon& Bonfanti
f
By:
Athan A. Vontzalid
AAV:gm
cc: Salem Licensing Board
Bruce Bornstein