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6 NICHOLS STREET - ZBA (6) 6 NICHOLS STREET _ BRUCE BORNSTEIN / i i i ) Legal T�.otice CFFY OF SALEM BOARD OF APPEAL 745-9595 Ext.381 Will hold a public hearing for all Persons interested in the petition sub. miffed by Bruce Bornstein request- ing Special Permit to allow the pre- i viously existing non-conforming 'use of a portion of the premises, specifically the attached garage, to continue to he 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 Nichlos Street R2. Said hearing to be held Wednesday,November 17, 1999 at 6:30 p.m.,One Salem Green, 2nd Floor. Nina Cohen Chairperson (11/3,10) w cr".. MA (11 of ttlPm, ttssttzliusPtts- OF-ICE �Rnttra of �Fvral Iy99 EOV 30 A iD 25 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 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 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 Q), 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 garner 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 /J 'Gm� Nina Cohen, Chairman Board of Appeal .i 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 .,1 :Z'A Beacon /Medical Associates November 10, 1999 An affiliate of The North Shore Medical Center To whom It May Concern: Yvonne Jodoin is under my care. She suffers from severe asthma. She should not be exposed to toxic ' fumes and chemically contaminated air. Any consideration given to my patient to improve her quality of life and health would be apprectiated. 1 Sincerely, Stephen M.Alpert,M.D.,FACP - .!'" V — �� "`� Paul M.Copeland,M.D.,FACP Merrick S.Fisher.M.D. Suite 101 Stephen M. Alpert, M.D. 55 Highland Avenue Salem, MA 01970 (508) 745-3263 SMA/dmr Joseph E.August,M.D. Mauri R.Cohen,M.D. Judy L.Hughes,M.S.,R.N.,C.S. 24 Chestnut Street Salem,MA 01970 (508)744-8900 Lewis S.Hays,M.D.,M.P.H. William A.Lee,M.D. Ann K.Gatewood,M.S.,R.N.,C.S. Anne Marie Bourque,M.S.,R.N.,C.S. Katherine Walsh,M.S.,R.N.,C.S. 640 Humphrey Street Swampscott, MA 01907 (617)596-2230 r' FroW MW - • ■ � 11 ' FlIVORA 11: An ����f/ � l 10,17 1�1 �� i i / /1 i 1 4 1 1 • • 1 " ' 1 • • • 1 1 • 1 1 ' ' 9 11I nisi 1. - %' . r i�i�i� _i .' �_���� Il i • �r.'.�_� �ll�.'I Imo/ I IL►���� � 9 r I� r a/ ��� I rI_ MM/ / Vol %PIVX/NZ,WISH Mm— KIP I// ,/-� = / / �/L ��� WR�i ( fir {' I� I L WOM� 1 \ 7% History: 1987 - The present owner (Bruce Bornstein) purchased the building located at 6 Nichols Street 1988 - A hazardous waste problem caused by Brother Leather Company was discovered on the Brother Leather property. Due to diligent efforts on the part of Mr. Bornstein, a hazardous waste cleanup of the Brother Leather Company site was performed. Several truckloads of contaminated soil were removed and clean fill was brought in. After the cleanup, the Jodoin residence located at 8 Hanson Street was no longer subjected to solvent contaminated water leaking into their basement after rainfall. 1988 - The entire area behind the building was a weed covered field. Mr. Bornstein cleared the field, graded the lot, and put in a finished driveway in place of the weeded field. Trees and flowers were planted in areas where there was no driveway. SEE PICTURES 1994 - The city of Salem licensing board issued NEC Auto\ Bruce Bornstein a heavily restrictive used car license at the building located at 6 Nichols Street. The restrictions are as follows : 3 cars maximum, stored inside, no cars left outside for sale (either with or without signs). NEC Auto has been operating within the parameters of this license since the day it was issued 5 years ago. 1999 - In September Mr. Bornstein was called before the City of Salem Licensing board regarding zoning for NEC Auto. 1999 - In October, at the request of the City of Salem Licensing Board, Mr. Bornstein will appear before The City of Salem Board of Appeals to request a zoning variance for NEC Auto. We the undersigned residents and homeowners living in the neighborhood around 6 Nichols Street Salem support Mr. Bornstein in his request for a zoning variance for NEC Auto. We understand that the terms of the Used Car license issued by the City of Salem Licensing board would remain in effect. To wit: NEC Auto may have only 3 cars for sale on the property at one time, and said cars must be stored inside. No cars are ever to be put out in the parking lot for sale (either with or without for sale signs). Furthermore, we are aware that Mr. Bornstein has operated NEC Auto at this location for the past 5 years, and we feel his business has been neither a detriment NOR a disturbance to the neighborhood. NAME ADDRESS 2 S a� 1 Q i SUBJECT . . RIGHT REAR LEFT REAR 21 �.. t � r History: 1987 - The present owner (Bruce Bornstein)purchased the building located at 6 Nichols Street 1988 - A hazardous waste problem caused by Brother Leather Company was discovered on the Brother Leather property. Due to diligent efforts on the part of Mr. Bornstein, a hazardous waste cleanup of the Brother Leather Company site was performed. Several truckloads of contaminated soil were removed and clean fill was brought in. After the cleanup, the Jodoin residence located at 8 Hanson Street was no longer subjected to solvent contaminated water leaking into their basement after rainfall. 1988 - The entire area behind the building was a weed covered field. Mr. Bornstein cleared the field, graded the lot, and put in a finished driveway in place of the weeded field. Trees and flowers were planted in areas where there was no driveway. SEE PICTURES 1994 -The city of Salem licensing board issued NEC Auto \ Bruce Bornstein a heavily restrictive used car license at the building located at 6 Nichols Street. The restrictions are as follows : 3 cars maximum, stored inside, no cars left outside for sale (either with or without signs). NEC Auto has been operating within the parameters of this license since the day it was issued 5 years ago. 1999 - In September Mr. Bornstein was called before the City of Salem Licensing board regarding zoning for NEC Auto. 1999 - In October, at the request of the City of Salem Licensing Board, Mr. Bornstein will appear before The City of Salem Board of Appeals to request a zoning variance for NEC Auto. We the undersigned residents and homeowners living in the neighborhood around 6 Nichols Street Salem support Mr. Bornstein in his request for a zoning variance for NEC Auto. We understand that the terms of the Used Car license issued by the City of Salem Licensing board would remain in effect. To wit: NEC Auto may have only 3 cars for sale on the property at one time, and said cars must be stored inside. No cars are ever to be put out in the parking lot for sale (either with or without for sale signs). Furthermore, we are aware that Mr. Bornstein has operated NEC Auto at this location for the past 5 years, and we feel his business has been neither a detriment NOR a disturbance to the neighborhood. NAME ADDRESS a44 lM K4k,gm S4 V $ ' a t i of r SUBJECT PHOTOGRAPHS RIGHT REAR LEFT REAR 21 1. V ^4 Ml�y PP � thl Ke rte. _ 3 ry' CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO MEMORANDUM NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 Date: 11/15/99 To: Nina Cohen, Salem Board of Appeals Chair CC: Leo Jodoin From: Joanne Scott . RE: Wastewater Discharge to Storm Drain Leo Jodoin inquired into the issue of disposal of wastewater from car washing. According to Bill Cashens, Massachusetts Department of Environmental Protection, Northeast Region, Water Pollution Control; it is illegal to discharge pollutants to waterways of the Commonwealth. This in accordance with Massachusetts General Law, Chapter 21, section 43. Therefore, it is illegal to wash cars with detergents, or any other substance other than water alone, and allow the wastewater to go into a storm drain. Please call me if you have any question in this regard. 1