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6 NICHOLS STREET - ZBA 6 N,�ls Sf 1 \ / I { -�,. ;;_ r _ r,r �......��.�..+ .� ...• .tee _ — c Re '� _ ;_�— cOND CITY OF SALEM, MASSACHUSETTS -� BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 ���r11N6� TELE'978-619-5685 FA%:978-740-0404 KIABERLEY DRISCOLL NTAYOR „Q r m s April 30, 2012 � 0 City of Salem Zoning Board of Appeals 3 3 N A Petition of BRUCE BORNSTEIN,TRUSTEE, KING'S COVE REALTY TRUST, requesting a SWecial,grmit under Sec. 3.3.2 of the Salem Zoning Ordinance to change a nonconforming to allow an additional use of a portion of the first floor as a micro brewery of beer to be sold wholesale (remaining first floor to continue use as an environmental testing lab) for the property located at 6 NICHOLS ST, Salem, MA (112 Zoning District). A hearing on this petition was opened on March 21, 2012 pursuant to Mass General Law Ch. 40A, § 11. The hearing was continued to April 18, 2012 and closed on that date with the following Board of Appeals members present: Rick Dionne, Annie Harris, Jimmy Tsitsinos, Jamie Metsch, and Bonnie Belair. The Petitioner sought a Special Permit pursuant to the City of Salem Zoning Ordinance, Section 3.3.2: Nonconforming Uses,to operate a microbrewery on the premises at 6 Nichols Street. At the hearing on April 18, 2012, the Petitioner requested to withdraw the petition without prejudice. The Board of Appeal voted 5-0 (Rick Dionne, Annie Harris, Jamie Metsch, Bonnie Belair and Jimmy Tsitsinos on favor, none opposed)to grant the request of the Petitioner to withdraw this petition without prejudice. GRANTED PERMISSION TO WITHDRAW WITHOUT PREJUDICE APRIL 18, 2012 Richard Dionne Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK T��CONDI 04[itp of *ajeM, t a. ®ffite Of tbC Citp Council City �OaCC COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS PRESIDENT 2012 KEVIN R.CARR,JR. CHERYL A. LAPOINTE 2012 THOMAS H.FUREY CITY CLERK ROBERT K.MCCARTHY JOAN B LOVELY MICHAEL SOSNOWSKI ARTHUR C.SARGENT III TODD A.SIEGEL JERRY L.RYAN JOSH H.TURIEL Rebecca Curran, Chi it HAND DELIVERED 3/21/12 PAUL C. PREVEY Zoning Board of Appeals JOSEPH A.O'KEEFE,SR. City of Salem 120 Washington Street Salem, MA 01970 Re: Public heari.ig: Petition of BRUCE BORNSTEIN, TRUSTEE, KING'S COVE REALTY TRUST, requesting a Special Permit under Sec. 3.3.2 of the Salem Zoning Ordinance to change a nonconforming to a low an additional use of a portion of the first floor as a micro brewery of beer to be sold wholesale (remaining first floor to continue use as an environmental testing lab) for the property located at i NICHOLS ST, Salem, MA (112 Zoning District). Dear Chairwoman C Jrran and Members of the Board: Please be advised that I am unable to attend tonight's Zoning Board of Appeals meeting as I have multiple confli,:ts in my schedule. Therefore, I respectfully request that you accept this letter of opposition to the petition of Bruce Bornstein, Trustee of King's Cove Realty Trust, with regard to the above-referenced matter. Over the past several winters, I have received dozens of complaints regarding ifnploper stioW removal at the property located at 6 Nichols Street. The owner has either directly or indirectly allowed for snow removal at the property to other properties along Nichols Street in direct violation of city ordinances tnd conditions issued by this board. These violations have resulted in multiple warnings and fines ssued by the building inspector. Since the owner continues to ignore the law, I respectfully request that the board deny this petition. Thank you. Very truly yours, 9"_41111 "CR/ Joan B. Lovely City Council President- Councillor at Large SALEM CITY HALL• 93 WASHINGTON STREET• SALEM, MA 01970-3592 •WWW.SALEM.COM To the Board of Appeals: Due to a commitment I have every year as the Director of Elections to the Board of SAW I cannot attend this meeting. I write this letter in opposition of Mr. Bornstein's request for a special permit using the first floor of his business as a Micro Brewery in the middle of our neighborhood. Since 2004 when Mr. Bornstein was given a special permit, he has NOT complied with this Boards request of that decision. He has not completed the apartments and turned the only apartment into a college dorm resulting on many occasions of having to call the Salem Police. He has NOT cleaned up the property,painted lines for parking or the required landscaping. In the winter of every year he has pushed the snow from his property out onto Hanson Street and up against my home blocking my rear exit and entrance. If there was afire, my safety could very well be in jeopardy. The Salem Police, the Building Department and the whole City Council know about this habitual problem. He already started working on this Micro Brewery many months ago to the point of having set up and making beer! In closing, I hope that this Board can see that giving Mr. Bornstein another special permit after looking the other way from a previous special permit will only continue to be more against the quality of life in our great neighborhood. Yours Truly, Leo Jodoin 8 Hanson Street Salem, MA