6 NICHOLS STREET - BUILDING INSPECTION 6 NICHOLS STREET
1
.� Feb �jj -'11',1/'}OM C 1 `
�f
)a : 30
`\1
CC
CITY OF SALEM9 MASSACHUSE�yy TH S OFFICE
A
BOARD OF APPEAL
• 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595 ' 1004 MAY
FAX (978) 740-9846 26 P 03
STANLEY J. LISOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
A hearing on this petition was held on February 18, 2004 where a continuance was
granted to March 17, 2004. The matter was further continued to April 21, 2004 where
due to the unavailability of all the specific set of members hearing this petition, it was
again continued to a Special Meeting on May 12, 2004 with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Nicholas 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
S4LEM. MA
CL_RH'S OFFICE
DECISION OF THE PETITION ON BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
page three 1004 MAY 2b P 3: 03
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions;
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to
3. All construction shall be done as per the plans and dimension submitted and
approved by the Building Commissioner and dated May 12, 2004.
4. Petitioner shall obtain building permit prior to beginning any construction and permit
Must be obtained no later than June 18, 2004.
5. Exterior finished of the new construction shall be in harmony with the existing
construction,
6 Certificate of Occupancy shall be obtained
7. All Rental and/or Lease Agreements shall include working.that precludes the use of
these residential units for any business purpose, and that-any pet waste must be I
Immediately attended to in the appropriate manner.
8. All Rental and/or Lease Agreements shall include working that makes it binding or
these tenants to park only to the provided off-street spaces.
9 That no trailers shall be stored on these premises
10 The owner shall paint and maintain painted parking lines.
11. The owner shall landscape per submitted plan, and maintain same landscaping.
12. The owner shall first complete exterior repairs and exterior painting.
13. All Rental and/or Lease Agreements shall contain working that precludes the
Cohabitation of more than 6 persons per dwelling unit.
14. The above-mentioned exterior painting must be completed before the end of this
year.
Special Permit Granted Joseph Barbeau
May 12, 2004 Board of Appeal
CITY OF SALEM9 MASSACHUSE-ETNK SALEM,OFICE A
BOARD OF APPEAL
$ * 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 2004 MAY 2b P 3: 03
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
A hearing on this petition was held on February 18, 2004 where a continuance was
granted to March 17, 2004. The matter was further continued to April 21, 2004 where
due to the unavailability of all the specific set of members hearing this petition, it was
again continued to a Special Meeting on May 12, 2004 with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Nicholas 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
SAL
CCL`RK,S OFF/'
CE A
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREETSTRE"
page two 26 P 3. 03
1. The existing Environmental Lab is State Certified #072 and previously allowed by
a Special Permit granted September 30. 1992.
2. The currently operating Environmental Lab has no plans for expansion.
3. Abutters raised concerns about difficultly parking in the neighborhood, failure of
the Petitioner to maintain his property, and misuse of the property in the past.
4. Attorney George Atkins representing Petitioner states that the Petitioner as a
commercial taxpayer must find a way of maximizing the use of his property so as
to offset his tax burden and overhead, that the rental of the third floor unit was
mistakenly done by his client's misunderstanding of the R-2 zoning that there are
sufficient parking spaces on the site foe the uses requested and that the
allowance of this Special Permit will bring this property closer to the residential
nature of this neighborhood than other uses.
5. Attorney Atkins submitted a suggested list of conditions that could be added to
this agreement to help instigate issued raised by abutters.
6. Petitioner submitted a detailed parking plan for the property, including 13
parking spaces allowing for 2 spaces per unit with additional spaces for the use
of business and other visitors.
7. Steve Livermore, Architect, introduced floor plans for the second and third floor
Residential units, which would be 2 two-bedroom units on the second floor and 1
three bedroom unit on the third floor. A new egress staircase will be constructed
that would improve tenant access to the parking area, and additional windows for
better light and ventilation, as well as emergency egress as per code.
8. An appropriate snow removal plan including on site snow storage plan be
Implemented and used.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
CITY" F SgLcM MA
CLcR6('S OFFICE
DECISION OF THE PETITION ON BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET R-2
page three 1004 MAY 2b p 3, 03
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions;
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to
3. All construction shall be done as per the plans and dimension submitted and
approved by the Building Commissioner and dated May 12, 2004.
4. Petitioner shall obtain building permit prior to beginning any construction and permit
Must be obtained no later than June 18, 2004.
5. Exterior finished of the new construction shall be in harmony with the existing
construction,
6 Certificate of Occupancy shall be obtained
7. All Rental and/or Lease Agreements shall include working that precludes the use of
these residential units for any business purpose, and that any pet waste must be I
Immediately attended to in the appropriate manner.
8. All Rental and/or Lease Agreements shall include working that makes it binding or
these tenants to park only to the provided off-street spaces.
9 That no trailers shall be stored on these premises
10 The owner shall paint and maintain painted parking lines.
11. The owner shall landscape per submitted plan, and maintain same landscaping.
12. The owner shall first complete exterior repairs and exterior painting.
13. All Rental and/or Lease Agreements shall contain working that precludes the
Cohabitation of more than 6 persons per dwelling unit.
14. The above-mentioned exterior painting must be completed before the end of this
year.
Special Permit Granted Joseph Barbeau
May 12, 2004 Board of Appeal
J/ I &k' �5 ,
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.
r1
m
3 �G
pc R T
N ui D
o r-
� YT3
p' D
w
t
CITY OF SALEM, MASSACHUSETTS
Kimberley Driscoll
Mayor
December 18,2007
Mr. Bruce Bornstein
Kings Cove Realty Trust
6 Nichols Street
Salem,MA 01970
Dear Mr. Bornstein:
Following the last snowstorm, it was brought to my attention by neighbors and
members of the City Council that snow from your property is being removed in violation of
City Ordinances. Please remember that while removing snow from your property on Hanson
Street you are prohibited from placing it in any City street or sidewalk. Section 38-12 of the
City Ordinances states:
Sec.38-12.Throwing or plowing ice or snow into streets.
(a) No person shall throw, plow or cause the placing of any ice or snow in any street or
sidewalk so as to impede or obstruct the normal use of the traveled way.
(b) Any person violating this section shall, upon conviction, be fined$20.00 for each
offense up to a maximum of$200.00.
(Code 1973,§26-12; Ord.of 1-9-2003,§2)
As you see, anyone violating this section of the City Ordinances shall be fined$20 per offense
with a maximum fine of$200. Be on notice that continued violation of this section shall result
in a fine.
Thank you for your attention to this most important matter which affects the quality of
life of the residents on Hanson Street. I truly appreciate your anticipated cooperation in this
regard. Please feel free to contact me if you have any questions or concerns with this matter. I
can be reached at(978) 745-9595 ext. 5603 orjsilva@salem.com.
Sincerely,
3son Silva
hief Administrative Aide
ffice of Mayor Kimberley Driscoll
cc: Ward 4 Councillor-Elect Jerry Ryan
Councillor-At-Large Joan Lovely
Councillor-At-Large Arthur Sargent
Thomas St.Pierre,Building Inspector
Richard Rennard,Public Services Director
Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph.978-745-9595 Fax 978-744-9327
r
aJ
,♦
'i JIAi 1-i . MA
�. (Qity of "iulem, OFFICE
• �Rnara of Appeal
• 4a,.n
1999 1,101130 A 10. 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 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.
•
1 .
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 C 1
• Nina Cohen, Chairman
Board of Appeal
J
T�
•
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
•
•
MAR-28-2003 11 :00 AM NEC INC 978 744 6814 P. 01
March 25,2003
Mr. Thomas St. Pierre
Public Property Department
120 Washington Street
Salem, MA 01970
Re: your letter dated March 20,2003
Dear Mr. St. Pierre,
I purchased the property you refer to on 6 Nichols Street in 1957. The apartment was
there when I purchased the building and was occupied. I requested the apartment be
vacated at the time of closing. I lived in the apartment as a primary residence during the
demolition and reconstruction of my home at 9 Belleau Rd., Salem in 1987. Your records
will show that Belleau Road was uninhabitable at that time due to demolition. After
completion of the project on Belleau Rd., I moved to Belleau Road as a primary
residence. I continued to utilize the apartment at 6 Nichols Street as a secondary
residence because of my business which is situated in the same building. It provided me
flexibility with my work schedule. I continued to utilize this apartment until recently
when I rented it on Feb. 11,2003.
As you may be aware, I have never made any alterations or renovations to either the
exterior or interior of my non-conforming structure.In your letter you refer to Nichols vs
Board of Appeals Cambridge 26 MA App. Ct. 631 (1998). Pursuant to that case, for a
special permit to be requited I would either have to have a change in use or I would have
to modify or expand a nonconforming structure.As you can see I have done neither.
Therefore the finding of the Nichols case specifically holds that under my circumstances
a special permit is not required, This fact is further supported by Sec. 8-5 of the Salem
Zoning ordinance entitled Non-Conforming use of a structure.
If you believe my analysis is incorrect please inform me and set forth your reasoning so
that we may discuss the matter in greater detail,
I look forward to hearing from you at your convenience.
Sincerely,
0-X
- (rr
Bruce A. Bornstein
March 25, 2003
Mr. Thomas St. Pierre
Public Property Department
120 Washington Street
Salem, MA 01970
Re: your letter dated March 20, 2003
Dear Mr. St. Pierre,
I purchased the property you refer to on 6 Nichols Street in 1987. The apartment was
there when I purchased the building and was occupied. I requested the apartment be
vacated at the time of closing. I lived in the apartment as a primary residence during the
demolition and reconstruction of my home at 9 Belleau Rd., Salem in 1987. Your records
will show that Belleau Road was uninhabitable at that time due to demolition. After
completion of the project on Belleau Rd., I moved to Belleau Road as a primary
residence. I continued to utilize the apartment at 6 Nichols Street as a secondary
residence because of my business which is situated in the same building. It provided me
flexibility with my work schedule. I continued to utilize this apartment until recently
when I rented it on Feb. 11, 2003.
As you may be aware, I have never made any alterations or renovations to either the
exterior or interior of my non-conforming structure. In your letter you refer to Nichols vs
Board of Appeals Cambridge 26 MA App. Ct. 631 (1998). Pursuant to that case, for a
special permit to be required I would either have to have a change in use or I would have
to modify or expand a non-conforming structure. As you can see I have done neither.
Therefore the finding of the Nichols case specifically holds that under my circumstances
a special permit is not required. This fact is further supported by Sec. 8-5 of the Salem
Zoning ordinance entitled Non-Conforming use of a structure.
If you believe my analysis is incorrect please inform me and set forth your reasoning so
that we may discuss the matter in greater detail.
I look forward to hearing from you at your convenience.
Sincerely,
Bruce A. Bornstein
01/10/01
City of Salem
Salem District Court
65 Washington St.
Salem, MA 01970
Attn: Mr. Grant
Re: Magistrate hearing of 01/03/01 regarding the parking of a trailer at 6 Nichols Street Salem
Dear Mr. Grant,
After our meeting I called my attorney. My attorney recommended I call the court to request additional
documentation regarding the dismissal of the complaint against me regarding a trailer that is stored on my
property. 1 have just gotten off the phone with Gail(the lady who works in the court office that found the
documentation regarding the complaint against me).
The only documentation that the court has is the dismissal of the complaint against me. I have a copy in
my possession. She has informed me that nowhere does the court have any additional documentation of
any kind regarding with or without prejudice.NONE whatsoever!!!!
After speaking with Gail,I called my attorney once more to relay the information that Gail provided me.
In his opinion,the complaint has been dismissed. PERIOD. If the city had wished to be able to address the
issue once more,at some future date,by law they had to DOCUMENT that fact AT THAT TIME. By law,
the court may not make an arbitrary change to a case that has already been addressed, and that has been
closed.
Since the city BY LAW has no right to lodge a complaint against me that has already been dismissed, I
have the LEGAL right to leave the trailer where it is.
My attorney has advised me that if the city persists I should file harassment charges against the city. Suing
the city for harassment is the last thing in the world I wish to do,however, if forced, I will not hesitate to
do so.
The bottom line-this case is closed. It has been dismissed.
Sincerely,
Bruce A. Bornstein, Trustee
Kings Cove Realty Trust
cc: Mr. Thomas St. Pierre
Local Building Inspector
City Of Salem
I Salem Green
Salem,MA 01970
A PCtCATtON ® ADULT NUMBER Trial Court of Massachusetts
FORCOMPLAINT ❑ JUVENILE District Court Departure
ARREST M HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within Salem District Court
,named defendant,charging said defendant with the a fense(s)listed below. 65 Washington Street
DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE Salem, MA.01970
04/05/00 Ongoing 6 Nichols Street
NAME OF COMPLAINANT
City Of Salem Building Department NO. OFFENSE G.L.Ch.and See
ADDRESS AND ZIP CODE OF COMPLAINANT Violation of Zoning Section
One Salem Green t' Ordinance 7-1
Salem, Ma. 01970
2
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Kings...Cove_Realty.Trust
Bruce Bornstein Trustee a.
9.1elleau,Boad.
Salem, Ma. 01970
a.
COURT USE I A hearing upon this complaint application I i2lDAT o-} EAQING TItdEOFHEARiI.G COURT USE
ONLY will be held at the above court address on • I T *—ONLY
CASE PARTICULARS — BESPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under CSYBSTAtaE OR WEAPON
person assaulted,eta. destroyed,etc. $250. Marlwa,guiL.01c.
i ais �.y
2 Q M
3 �7
<"3 i I
a CD
Ln
OTHER REMARKS:
Defandent is violating City of Salem Zoning Ordinance 7-1. THis section is ad(
addressed the storage of trailers on private property.
c
X C-�,�:
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATE OF BIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEK RACE HEIGHT WEIGHT EYES HAIR
7CCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDENI FATHERS NAME
DATE DISPOSITION AUTHORIZED BY
NO PROCESS TO ISSUE
❑ At request of complainant
❑ Complainant failed to prosecute
❑ Insufficient evidence having been presented
PROCESS TO ISSUE TYPE OF PROCESS
❑ Sufficient evidence presented ❑ Warrant
❑ Defendant failed to appear ❑ Summons returnable
/y p� c
Continued to cX A000
COMMENTS (} / 2 .C) fSMJSSP b�L�9}'�yOt710
r rc+nmo.
Citp of *alem, 41a5zatbuattg
Public Propertp Mepartment
Wuilbing Mepartment
One&alem oreen
(978) 745-9595 (ext. 38O
Peter Strout
Director of Public Property
Inspector of Buildings �� p
Zoning Enforcement Officer
November 27, 2000
Kings Cove Realty Trust
Bruce Bornstein Trustee
6 Nichols Street
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
This department is again in receipt of complaints regarding the race car trailer parked on
your property.
The trailer technically violates the City of Salem Zoning Ordinance 7-1.
Please relocate this trailer to another spot on your property within fifteen (15) days.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely, n
Thomas St. Pierre
Local Building Inspector
cc: Joe Walsh
Citp of 6alem, fHa5gacbu.5ettg
Public Propertp Mepartment
Wuilbing Mepartment
One f+alem green
(978) 745-9595 text. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 17, 2000
Kings Cove Realty Trust
Bruce Bomstein—Trustee
6 Nichols Street
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
Please be advised the location of the trailer,being stored on your property, violated City
of Salem ordinance; 7-1, Trailers.
You are directed to relocate the trailer to conform to this ordinance within ten(10) days.
Failure to do so will result in a complaint being filed in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Local Building Inspector
cc: Mayor Usovicz
Councillor O'Leary
cov -A
11.itu ofc�IEm, CttSStltjjllSEttB�'CT 2b as F�; ,81
FILE#
s Pourb o{ 'Appral
b17Y C06itY 55!`_h'. 1'kSS.
DECIISON ON THE PETITION OF 6 NICHOLS_STREET REAL-T-Y. TRUST FOR
A SPECIAL PERMIT OR VARIANCE AT 6 NICHOLS STREET (4-2)
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 space 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 building
would be made, and the two tier parking facility would be constructed according to
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 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, structuPes, 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, 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 of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or cthervise, 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 ON 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
a Variance or a Special Permit. By the vote of 1-3 the requested Variance or
Special Permit is denied.
VARIANCE AND/OR SPECIAL PERMIT DENIED
�anes M. Fleming, Esq. , V ' - Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Pt;P.S J
G :tiT Tv SE,'TION 17 OF THE
rc ti' iRu This DTHEDu"E C
I.; T... T c
"I E VrCc.n
.� t i`.,. :r
T rH"i t A o ' FI"ED.
N .
F i, f T r iw t P-" E cti R=r
n c - y
AIX I ;CE °.. U,.� rt n:,.E 0^ THE CY'vli-
. _ E_.;�F,UED I THE SDb ° USE): K r.l -F c
CK RECORD OR IS RECORDED AND Na c0 0.. TriE O'.:hER S C`cnTtE tCATE OF tVi:E
BOARD OF APPEAL
NEC AUTO, INC.
6 Nichols Street
Salem, MA 01970
(978) 744-6600
July 28, 1999
City Of Salem
Public Property Department
Building Inspector
Salem, MA 01970
Attn: Mr. Kevin Goggin
Dear Kevin,
As per your request I am providing you with information regarding how we are conducting
business at NEC Auto. We have been a licensed Auto dealer for several years now. The entire
time we have been in business we have stayed within the guidelines of our Dealers License as
stated on the license. We do not have more than three cars at a time on the property, and they are
stored inside as stated on our license. The only work performed on automobiles at this location is
performed on cars that are owned by NEC Auto. We do not and have never done major repairs to
any vehicle. We do not and have never done any repairs on "customer" cars.
The following paragraph describes examples of the type of work that we do on cars for resale:
1) Detailing - wash and polish.
2) Change tires.
3) Replace a stereo
4) Vacuum the interior
5) Fix electrical problems
6) Replace ripped seats
7) Only easy stuff -nothing major or difficult!!!!! We are not equipped for major jobs. We don't
even have a lift!!!
The following paragraph describes examples of work that WE DO NOT DO on cars for resale
1) Spray Painting
2) Welding
3)Major repairs of any type.
z
In general, we only buy nice cars at auction. These cars may be theftirecoveries or cars that have
not moved off of high line dealer lots. Most cars require no work or very minor work. Usually we
buy what are called green light cars. These are cars that come with a warranty from the seller.
The bottom line:
1) We appreciate the fact that we have a dealer license and we have faithfully honored the
guidelines under which our license was approved at all times.
2) We do not work on any cars that are that we do not own.
3) We do not and have never done anything but the most minor work on any car.
4) We are not and have never been a nuisance.
Sincerely,
L cz,
Bruce A. Bornstein
President
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL CI i i J1- SALEM, MA
CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 2005 NOV 23 A 9. 35
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A
MODIFICATION OF A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 6
NICHOLS STREET R-2
A hearing on this petition was held on November 16 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Robin Stein, Edward
Moriarty and Nicholas Helides. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner requests a Modification from terms of a Special Permit to allow change in size
of apartments for the property located at 6 Nichols Street located in an R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact
DECISION OF THE PETITION OF BRUCE BORNSTEIN REQUESTING A
MODIFICATION OF A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 6
NICHOLS STREET R-2
page two
1. Petitioner Bruce Bornstein awns a building at 6 Nichols Street which is presently
used as an environmental testing lab and business in accordance with a special
permit granted by this Board in September 30, 1992
2. In May 2004, Mr. Bornstein requested the Board grant him a Special Permit to
allow three residential apartments at the property. These would be located in the
same business as the environmental lab, with two units on the second floor and
one on the third floor. After a hearing the Board granted a special permit for the
residential uses subject to a number of conditions.
3. The present petition is being submitted because due to existing structural
conditions, Mr. Bornstein has revised the plans for the residential apartments.
Although there will still be two units on the second floor, due to an unstable
condition of the floor Mr. Bornstein now wishes to convert a smaller area to
residential uses. Accordingly he is before this Board to seek modification of the
original floor plans for the second floor apartments. The third floor apartment is
unaffected by this petition.
4. There was no opposition to the proposed modification of the permitted
apartment floor plans.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor
and in opposition to grant the Special Permit requested, subject to the following
conditions;
1. Al} requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to
{
DECISION OF THE PETITION OF BRUCE BORNSTEIN REQUESTING A
MODIFICATION OF A SPECIAL PERMIT FOR THE PROPERTYLOCATED AT 6
NICHOLS STREET R-2
page three
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. Petitioner shall obtain a building permit before beginning any construction
4. Petitioner shall comply with all City and State statures, ordinances, codes and
regulations
5. Petitioner shall obtain a Certificate of Occupancy.
6. Existing finishes of the new construction shall be in harmony with the existing
structure.
7. Petition shall continue with all the previous conditions of May 12, 2004.
Special Permit Granted Z uv
November 16, 2005 �C
Nina Cohen
Board Of Appea
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
V'
��TT
'M PSA
CHC of inlem, fflass ltOF-ICE
PnttrD of �trpeal
14911 1101V 30 A 10: 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 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 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 /JJ G J
Nina Cohen, Chairman
Board of Appeal
J
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
oNulr�� Citp of *atem, 41aggaCbU5dt5
<,�, s�,,• .,��) public Vropertp Department
\9CInINEWe�` �3ullalilg Department
One Salem green
74-5-9595 (Ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 31 , 1988
Mr . Bruce Bornstein
6 Nichols Street v
Salem , MA 01970
RE : 6 Nichols Street
Dear Mr . Bornstein ,
In regards to our conversation concerning the intended use
of 6 Nichols street , please be advised that any non-conforming
use other than the one existing "Machine Shop" must seek relief
by Special Permit through the Board of Appeals as such stated
in section IX D & 8 , F of the Salem Zoning Ordinance . Therefore
your plans to sub-divide the existing building into three separate
units must be done by seeking relief .
,m
sE On August 30 , 1988 a site visit was made to the above re-
ferenced
e-
ferenced_; property by James Santo and myself . Upon our inspecti6n
with you present , it is clear that you have occupied the first
floor as a chemical laboratory . Please be advised that this use
oN� a is in Violation of the Salem Zoning Ordinance and must be dis-
continued until the proper procedure through the Board of Appeals
A` has been taken .
If we do not hear from you within fourteen days from receipt
=� of this letter , we will seek a complaint against you in Salem
District Court . :
o _
oA ` o
� d Sincerely ,
fy
L C A
0%E P
� - David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . Ward Councillor
City solicitor
Board of Health
William Toomey
Fire Prevention
• SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII, § 7-2
ARTICLE VII.SUPPLEMENTARY service station shall conform to the more restric-
REGULATIONS tive dimensional requirements.
(1) Every automobile service station shall have
Sec. 7.1. Trailers. a minimum lot width of one hundred twenty
(120)feet and a minimum lot area of twelve
(a) No person shall park, store or occupy a thousand (12,000) square feet, plus an ad-
trailer for living or business purposes within the ditional two thousand(2,000)square feet of
City of Salem, except: lot area and an additional twenty (20) feet
(1) The owner of residential premises may of lot width for every two(2)pumps and one
permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps
paying guests using a trailer for a period and two (2) service bays. Duplex pumps
not to exceed twenty (20) days. A special and/or hoses that are covered or enclosed in
permit for this purpose must be obtained a single housing shall be counted as two(2)
from the inspector of buildings before the pumps.
land can be so occupied. No more than one (2) Every structure erected for use as an auto
(1) trailer is permitted with any one(1) res- mobile service station shall have a min-
idence or lot. imum setback from the street right-of-way
(2) A temporary office incidental to construc- of forty (40) feet and a minimum setback
tion on or development of the premises on from all property lines of ten (10) feet. All
which the trailer is located shall be per- pump islands shall be set back a minimum
• mitted. of fifteen (15) feet from all property lines.
(b) In neither case enumerated in subsections (3) All vehicle service areas shall be con-
(a)(1)and(2)shall the trailer be connected to public structed to conform to the following stan-
water or sewer facilities. Trailers used as tempo- dards:
rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6)
phone and electric facilities. inches wide shall be provided along all
(c) Dead storage and/or parking of trailers will property lines abutting street rights-of-
be permitted in accordance with the following pro- way, except for portions used for
driveway entrances.
visions: b. The entire area used for vehicle ser-
(1) Such stored trailers shall not be used for vice shall be paved,except for such area
living occupancy, except as stipulated in as is landscaped and considerably pro-
subsection (a)(1) above. tected from vehicle use by a low bar-
Tier.
(2) Trailers shall not be stored in any front
yard. If stored in any side or rear year, the C. Hydraulic hoists, pits and lubricating,
trailer shall not be placed closer than ten greasing, washing and repair equip-
(10) feet from any lot line or within five (5) a buient shall be entirely enclosed within
a building.
feet of any building on an adjacent lot. d. The width of driveway entrances shall
be not more than twenty-four(24) feet.
Sec. 7.2. Automobile service stations. e. The angle of intersection of the
driveway with the street shall be not
Any automobile service station or gasoline more than sixty (60) degrees.
filling station in any district shall conform at least f. The distance from any driveway to any
to the following regulations. Where the density side property line shall be not less than
• regulations for any district in which an automo- twenty (20) feet.
bile service station is located are more restrictive g. The distance between curb cuts shall
than the regulations contained hereinafter, the be not less than forty (40) feet.
27
APPLICATION ® ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAINT ❑ JUVENILE District Court Departme
77 ARREST ® HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within Salem District Court
named defendant, charging said defendant with the offense(s)listed below. 65 Washington Street
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE
04/05/00 Ongoing 6 Nichols Street Salem, MA. 01970
NAME OF COMPLAINANT -
City Of Salem Building Department NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT Violation of Zoning Section
One Salem Green Ordinance 7-1
Salem, Ma. 01970
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Icings. Cove-Realty. Trust
Bruce Bornstein Trustee 3.
.9-.-Belleau Road_. ._
Salem, Ma. 01970
4.
COURT USE A hearing upon this complaint applicationT OFHE RING TIMEOFHEARING COURT USE
ONLY-----* be held at the above court address on T f—ONLY
CASE PARTICULARS — BESPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of properly, Goods stolen,what Over or under �l1BSTAR OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marra,gu tc.
� a
_ D
2 6
3
4 O Wd
Cry
OTHER REMARKS:
Defaudent is violating City of Salem Zoning Ordinance 7-1. THis section is a&
addressed the storage of trailers on private property. /J
X '/ �2Thc�o rSC�
SIGNATURE KF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR
OCCUPATION L MOTHER'S NAME FATHER'S NAME
EMPLOYER/SCHOO
COURT USE ONLY
DATE DISPOSITION AUTHORIZED BY
NO PROCESS TO ISSUE
❑ At request of complainant
❑ Complainant failed to prosecute
❑ Insufficient evidence having been presented
PROCESS TO ISSUE TYPE OF PROCESS
❑ Sufficient evidence presented ❑ Warrant
❑ Defendant failed to appear ❑ Summons returnable
����4 c
Continued to 01000� ��® 00 /r/,
COMMENTS
,�kS— 34x0 1 :;L :00 D(sm)roe 6/19 o0
DC CR2(3/88)
C� CITY OF SALEM] MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
n°
120 WASHINGTON STREET, 3RD FLOOR
1'. . SALEM, MAO 1970
TEL. (978)745-9595 EXT. 380
FAX (97B) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
June 5, 2003 COPT.
Bruce Bornstein
Kings Cove Realty Trust
c/o New England Chrochem
6 Nichols Street
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
I have considered your letter dated March 28, 2003 and your assertions that you have had
an apartment in your building since 1987.
This department has no evidence that a legal apartment was ever established at 6 Nichols
Street.
Because of this, a claim not be made that you are continuing a non conforming use.
This apartment in your building does not meet State Building Code requirements nor has
a Certificate of Fitness been received from the Health Department as required by City
Ordinance.
You are directed to cease renting this apartment.
If you feel you aggrieved by this order, your appeal, as mentioned back in the January 2,
2003 letter, is to the Salem Zoning Board of Appeals.
If you feel you are aggrieved by a Building Code item, your appeal is to the Board of
Building Regulations and Standards in Boston.
Sincer
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
Councillor O'Leary
Fire Prevention
CITY OF SALEM, MASSACHUSETTS
5w6 AL PUBLIC PROPERTY DEPARTMENT _
120 WASHINGTON STREET, 3RD FLOOR
a 9aa SALEM, MAO 1 970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
January 2, 2003
COPY
Bruce Bornstein
Kings Cove Realty Trust
9 Belleau Road
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
I have received your request to add residential unit to your building at 6 Nichols Street.
As you are aware,your building is a grandfathered commercial property that is located in
an R-2 zone. The commercial machine shop was the grandfathered use. You sought and
received a special permit for your testing lab.
It is my opinion that adding a residential unit or any other use would require a Special
Permit from the Board of Appeals.
If you wish to apply for a Special Permit applications are available at this office.
Si erely,
Thomas St. Pierre
Acting Zoning Officer
cc: Mayor's Office
Tom Phillbin
John Keenan 1
r
CITY OF SALEM9 MASSACHUSETTS
_ PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
q SALEM, MA O 1970
~ TEL. (978)745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J, LISOYICZ, JR.
MAYOR
July 17, 2003 copy
y
Bruce Bornstein
King Cove Realty Trust
C/o New England Chrome
6 Nichols Street
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
I have received your letter of June 24 th.
The information contained in the letter refers to an apartment in the early 1990's.
To date this department does not have any proof of an apartment being legally established
at any time in the buildings history.
To establish a grandfathered apartment, the unit would have to have existed prior to
August of 1965.
Unfortunately, I must move forward with prosecution of this case.
Furthermore, any window replacement or other construction, wiring needs a building or
other permits.
My letter of June 5`h and the orders enclosed are still in effect,
i
February 9, 2004 E u
TUU, D
Mayor Stanley J. Usovicz Jr. Ty F l
Salem City Hall " OFAI-
120 Washington Street qct M
Salem, MA 01970
Re: 6 Nichols Street Complaint
Dear Mayor Usovicz:
On November 26, 2002, I filed a written complaint with the Inspector of Buildings
concerning the illegal construction, use and occupancies located at 6 Nichols Street.
In my complaint I noted that a third floor dwelling unit was constructed and being
occupied illegally and the owner of the property did not obtain the required building
permits, special permits or variances. I also requested that the Inspector order an
immediate cease and desists of the dwelling unit occupancy but as of the date of this
letter no legal action or enforcement has occurred.
As a result the property owner is in violation of the following state and local codes and
ordinances:
1) 780 CMR 110.1 - not obtaining the required permits
2) 780 CMR 103.1- not maintaining the structure in a safe, operable and sanitary
condition
3) 780 CMR 114.1- failure to pay the required permit fees
4) 780 CMR 115.0- failure to obtain the required inspections
5) 780 CMR 118.1- unlawful acts of altering, changing the use and occupying
the structure without the required permits
6) 780 CMR 120.0 - failure to obtain the required certificate of occupancy
7) MGL 148 - Failure to obtain the required fire permits and inspections
8) Salem Zoning Ordinance Section 9-1 and 9-2 enforcement and violations -
No building or structure shall be altered until a permit has been issued by the
Inspector of Buildings
Because your administration has failed to act and take the necessary enforcement action,
I am requesting that the appropriate state inspectional agencies take steps to protect the
public. Your failure to act is contributing to the unsafe and dangerous conditions to the
occupants of the building in case of fire in this structure and also the lives of our
firefighters.
Please take immediate action to correct this issue and do not hesitate to keep me informed
as to what action you have taken to correct these violations.
Sincerely
Mr. Leo Jodoin
8 Hanson Street
Salem, MA 01970
978-745-7983
Cc: State Fire Marshall
Department of Public Safety
Salem Board of Appeals
Salem News
Boston Globe
City of Salem
Public Property Department
120 Washington Street, 3`d Floor
Salem, MA 01970
Attn: Mr. Thomas St. Pierre
June 24, 2003
Dear Mr. St. Pierre,
We are in receipt of your letter dated June 5, 2003 regarding the apartment located on the
third floor of my building at 6 Nichols Street in Salem.
In response to your letter:
1) Please find enclosed a copy of the certificate of fitness for. the third floor
issued by the City of Salem Board of Health.
2) Deadbolts that allow exit from multiple exits from the building have been
installed.
3) We are in the process of hiring a carpenter to have two egress windows
installed in the bedrooms on the third floor.
4) Enclosed is a copy of a notarized letter that has been signed by a former
tenant, Mr. Brian Birmingham, in the presence of a notary as proof of the
existence of said 3`d floor apartment dating back more than 10 years.
5) Enclosed are copies of 3 bank deposits from rent received from Mr. Brian
Birmingham during 1990 and 1991.
6) Enclosed is a copy of a notarized letter, signed in the presence of a notary,
from a former roommate who shared the apartment on the 3rd floor with me in
the late 80's while my house on 9 Belleau was uninhabitable due to
construction. Furthermore, Mr. Cosbar documents the existence of the
apartment on the 3`d floor at 6 Nichols Street prior to my purchase of the
building. Mr. Cosbar is currently a City of Salem Fire Fighter. He is a 16 year
veteran of the City of Salem Fire Department.
When the two egress windows have been installed, we'll give you a call.
Sincerely,
7tll-�
Bruce A. Bornstein
a '
�� ✓1�,Q-\ PUBLIC PROPER T DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MAO 1970
TEL. (978) 745-9595 EXT. 380
rye�r FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
March 20, 2003 Copy
Bruce Bornstein
Kings Cove Realty Trust
c/o New England Chamber
6 Nichols Street
Salem, Ma. 01970
Dear Mr. Bornstein:
Thank you for meeting with me at your property on Nichols Street.
The visit confirmed that you recently started using rooms on the second floor for a
residential use.
Additionally, no inspections, or required Certificate of Inspection have been obtained.
Furthermore, as I discussed with you, and per my letter dated January 2, 2003, Zoning
Board of Appeal relief is required.
"When a nonconforming structure is altered to provide for a use different from the use
prior to the alteration, the ordinance applies even if the new use is a permitted one."
Nicholas vs Board of Appeal Cambridge
You are directed to contact this office to file for Special Permit for your property.
Additionally, the apartment is not legal and needs to be emptied immediately.
If further information is needed, please contact this office.
Y
u
a.
Sinc,5Tely,
Thomas St. Pierre
Acting Building Commissioner
cc: Tom Phillbin
John Keenan
Councillor O'Leary
d
FUS_IC '--'F,OF ERi\"DEFAnTMENT
12C WASHINGTON STREET, SRO FLOOR
`_ SALEM, MA 01 970
' - TEL. (978) 745-9595 Ex-. 380
R
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
January 2, 2003
Bruce Bornstein
Kings Cove Realty Trust
9 Belleau Road
Salem,Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
I have received your request to add residential unit to your building at 6 Nichols Street.
As you are aware, your building is a grandfathered commercial property that is located in
an R-2 zone. The commercial machine shop was the grandfathered use. You sought and
received a special,permit for your testing lab.
It is my opinion that adding a residential unit or any other use would require a Special.
Permit from the Board of Appeals.
If you wish to apply for a Special Permit applications are available at this office.
Sincerely,
Thomas St. Pierre
Acting Zoning Officer
cc: Mayor's Office
Tom Phillbin
John Keenan
I CITY OF SALEM9 MASSACHUSETTS
i,
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR.
SALEM, MAO 1970
TEL. (978)745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR COPY
March 6, 2003
Brice Bornstein
Kings Cove Realty Trust
c/o New England Chromchem
6 Nichols Street
Salem, MA. 01970
Dear Mr. Bornstein:
In December of 2002, you called this office to inquire as to whether or not you could
construct an apartment at your 6 Nichols Street property.
I formalized an answer to your question in a letter dated January 2, 2003 (see enclosed
copy) informing you that a Special Permit would be required.
We have received complaints alleging that an apartment has been built at your property.
Under the authority of State Building Code 780 CMR, Section 115.6, you are directed to
contact this office immediately to arrange for an inspection of your property.
Thank you for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
Cc: Mayors Office
Tom Phillbin
Fire Prevention
Councillor O'Leary
y` !
` 0
CITY OF SALEM} MASSACHUSETTS
s PUBLIC PROPERTY DEPARTMENT
:a 9
G 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
May 11, 2004
Commonwealth of Massachusetts
Department of Public Safety
One Ashburton Place Room 1201
Boston, Ma. 02108-1618
ATTN: Robert Anderson
Deputy Administrator
RE: Complaint 2004-001
6 Nichols Street, Salem
Dear Mr. Anderson:
I am responding to your letter of May3, 2004 regarding Mr. Jodoin's concern about his
adjacent property.
In Mr. Jodoin; s letter of February 9, 2004 and April 8, 2004 he makes the allegation that
I am not doing my job.
This case has a civil complaint in District Court continued generally to allow Mr.
Bornstein to a chance to go through the Appeals process. Failing his appeal, I intend to
be in court for an injunction against Mr. Bornstein.
If Mr. Bornstein prevails in his Board of Appeals case, he has per my instructions
prepared drawings and a code review and stands ready to secure a building permit to
clear up a few code items.
At my insistence the Zoning Board is holding a special meeting on Wednesday, May 12`h
at 6:30.
The Board agreed to hold the special meeting because of the length of time this case has
dragged on.
Once again, I must emphasize that Mr. Bornstein's building is sprinkled and hardly a
threat to life and limb that Mr. Jodin likes to imply
Also, please note that the fire that Mr. Jodion refers to, occurred in a legal apartment and
was caused by a woman smoking cigarettes while she was on oxygen.
I take offense to any inference that I am not doing my job. I regularly shut down
dangerous buildings and basement apartments.
I am working, most of the time by myself. Salem has 40,000 people and we average
1 100 permits a year.
I know this is not the information you want to hear, but because of staffinglevels and
available time,I must prioritize some of the more serious cases.
ML. Jodoin has had a long-standing problem with Mr. Bornstein and vise-versa.
In closing, I will send another letter on Thursday, May 13, 2004 to let you know the
outcome of the Board of Appeals case and how I will proceed.
If further information is needed, please contact me directly.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
COMPLAINT FILED:
cc: City Solicitor - 6/10/04
Bd. of Appeals
Bd. of Appeals, Chairpersoi
June 8, 2004
Leo Jodoin
8 Hanson Street
Salem, MA 01970
� a11ti.
HAND-DELIVERED
C-)_
M.
C= 70-
z
Salem City Clerk — N
Salem City Hall D o j
120 Washington Street n
Salem, MA 01970 N. my
00
RE: Leo Jodoin
VS.
Salem Board of Appeals
Civil Action No.
Dear Sir or Madam:
Pursuant to G.L.C. 40A, 17, 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. C-
o M
� r
NINA COHEN, STEPHEN HARRIS G M
NICHOLAS HELIDES, JOSEPH N
BARBEAU, BONNIE BELAIR
As they are members of the Salem > "=
Board of Appeals, ^v
DEFENDANTSco .
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 ofAppeals (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 QL.
c.40A, 817.
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,
Leo Jod
8 Hanso Street
Salem, MA 01970
(978) 745-7983
Dated: June 8, 2004
co CITY OF SALEM, MASSACHUSETTS CJjy
BOARD OF APPEAL CL '4 4L&I
-a R 120 WASHINGTON STREET, 3RD FLOOR S orf 1i
x111 a SALEM, MA 01970
TEL. (978) 745-9595
Fax (978) 740.9846 1004
STANLEYJ.MAYOR VICZ, JR. � �4gY2b p �,
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
f crr,, of
C(CRrf S OF
DECISION ON THE PETITION OF BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREETSTREET R-2 1Q�y �fAr 2b A
page two
1. The existing Environmental Lab is State Certified #072 and previously allowed by
a Special Permit granted September 30. 1982.
2. The currently operating Environmental Lab has no pians 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 do 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.
CITY OF
CL f RK,s OFp/CE A
DECISION OF THE PETITION ON BRUCE BORNSTEIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 6 NICHOLS STREET,
page three U4 MAY 26 p
4. Special conditions exist which especially affect the subject property, but not the 03
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
, o
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.
C").:'.
6
U
IRU - 9P7
C/
CITY CLEAR
SALEM, MASS.
CITY OF SALEM9 MASSACHUSETTS
a PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 880
MAYOR FAX: 978-740-9848
May 11, 2004
Commonwealth of Massachusetts
Department of Public Safety � y
One Ashburton Place Room 1201
Boston, Ma. 02108-1618
ATTN: Robert Anderson
Deputy Administrator
RE: Complaint 2004-001
6 Nichols Street, Salem
Dear Mr. Anderson:
I am responding to your letter of May3, 2004 regarding Mr. Jodoin's concern about his
adjacent property.
In Mr.Jodoin; s letter of February 9, 2004 and April 8, 2004 he makes the allegation that
I am not doing myjob.
This case has a civil complaint in District Court continued generally to allow Mr.
Bornstein to a chance to go through the Appeals process. Failing his appeal, I intend to
be in court for an injunction against Mr. Bornstein.
If Mr. Bornstein prevails in his Board of Appeals case, he has per my instructions
prepared drawings and a code review and stands ready to secure a building permit to
clear up a few code items.
At my insistence the Zoning Board is holding a special meeting on Wednesday, May 12'n
at 6:30.
The Board agreed to hold the special meeting because of the length of time this case has
dragged on.
Once again, I must emphasize that Mr. Bornstein's building is sprinkled and hardly a
threat to life and limb that Mr. Jodin likes to imply
l
f
Y
Also, please note that the fire that Mr. Jodion refers to, occurred in a legal apartment and
was caused by a woman smoking cigarettes while she was on oxygen.
I take offense to any inference that I am not doing my job. I regularly shut down
dangerous buildings and basement apartments.
I am working, most of the time by myself. Salem has 40,000 people and we average
1 100 permits a year.
I know this is not the information you want to hear, but because of staffinglevels and
available time, I must prioritize some of the more serious cases.
Mr. Jodoin has had a long-standing problem with Mr. Bornstein and vise-versa.
In closing, I will send another letter on Thursday, May 13, 2004 to let you know the
outcome of the Board of Appeals case and how I will proceed.
If further information is needed, please contact me directly.
Sinr
erely,
410d ';
O�—W"
Thomas St. Pierre
Acting Building Commissioner
l .
l/; (Iitt of '5ttlem, � c�58tILIjiISP# 8
7�3uar �;�b of eal
C'
f;LE;-
DECISION ON THE PETITION OF(DELTA-DESIGNA CIT BUILDERS FOR
VARIANCE & SPECIAL PERMIT AT%6 NICHOLS ST. & 12 HANSEN ST.
A hearing on this petition was held October 15, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and
Associate Member Labrecaue. 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.
Petitioners, owners under agreement, are requesting Variances & Special Permit from
use and density requirements to allow existing factory building to be converted to
twenty two (22) residential units in this R-2 district.
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 involve
substantial hardship, financial or otherwise, to the petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogatinve from the
intent of the district or the purpose of the Ordinance.
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 may, in accordance with the
procedure and conditions set forth in Section VIII F and IX D,
grant Special Permits �,or 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 . Several neighbors 4pd abutters spoke in favor;
2. There was no opposition;
DECISION ON THE PETITION OF DELTA DESIGN BUILDERS FOR VARIANCES
AND SPECIAL PERMIT FOR 6 NICHOLS ST. & 12 HANSEN ST. , SALEM
page two
3. There will be adequate parking;
4 . The property cannot be developed for its allowed use because of
the existing building and the nonconformity and because of the
shape and rear of the existing land without substantial hardship;
5. The proposed plan will help alleviate problems with smells and
rodents by removing the business and replacing with residential.
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 property involve {
but do not generally affect the district;
2. Literal enforcement of the provisions of the Ordinance would involve a
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;
4. The granting of the relief requested will promote the public health, safety,
convenience and welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant Variances
and Special Permit requested for use, Height, side & rear setbacks, density, front
yard requirements to extend nonconforming structure to allow existing factory
building to be converted to twenty two (22) residential units within the same
footprint as the existing structure. Relief is granted under the following
terms and conditions:
1 . The pr000sed construction shall conform to all applicable provisions
of the Mass. State Building Code, Salem Fire Prevention Code, Salem
City Ordinances and MGL relative to fire safety;
2. Plans presented to Fire Prevention Bureau for approval prior to the
issuance of a Building Permit;
3. A building permit be obtained and a Certificate of Occupancy for
each unit be obtained;
4 . All work to be done in accordance with plans of file.
GRANTED
AFF_AL fPJ11 THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SEGiION 11 OF
MNER;L LASS. IF;..PTER SCS, A^tD SHALL BE FILED WIT`:IN 20 DAYS ATTER THE uAF-etIefILIStrout, Member Board of Appeal
C= U:G OEC:S!CN M THE OFFICE OF THE CITY CLERK.
F " A- OaY �F fFIIS` OIpypA7' tH,s$EN FA fTf iI� PLANNING BOARD AND THE CITY CLERK
.Rc. SH .L N.;, i.,,E EFFE`T ULPL A G.9rt Or i!,_
CF''F: :Y CiE P i!-A,' 2' CAVs 6AYE ELAPSED k.';i E^ ?FF£$L H'S DEEN FILE'S.
T. F ART" H'.:> __.... FIS_. IT H."._ Ld'E:; DIS. SD OR DE...ED IS
1:1 T:i_ S-:RH £SSE. f;E„_'F't OF LEcC _,. ?= N,% E OF THE U*;; 17
OF GE'.::;J OC IS EG�BDEO AND If)7£D ON THE GtY;;ERS CERTIFICATE OF TITLE,
BOARD OF APPEAL
Of Citp of *atem, .41ao5acbugett!5
` . f•;1� Public Propertp Department
,, r
".� ,nE �3uilbing department
One Salem $teen
i-FS-969 text. 3S0
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 31 , 1988
Mr . Bruce Bornstein
6 Nicbols Street
Salem , MA 01970
RE : 6 Nichols Street
Dear Mr . Bornstein ,
i In regards to our conversation concerning the intended use
of 6 Nichols street , please be advised that any non-conforming
use other than the one existing "Machine Shop" must seek relief
by Special Permit through the Board of Appeals as such stated
in section IX D & 8 , F of the Salem Zoning Ordinance . Therefore
your plans to sub-divide the existing building into three separate
=r units must be done by seeking relief .
cn
uw On August 30 , 1988 a site visit was made to the above re-
ferenced property by James Santo and myself . Upon our inspection
n with you present , it is clear that you have occupied the first
floor as a chemical laboratory . Please be advised that this use
is in Violation of the Salem Zoning Ordinance and must be dis-
continued until the proper procedure through the Board of Appeals
roo has been taken .
a 5
�r If we do nQt hear from you within fourteen days from receipt
s of this tetter , we will seek a complaint against you in Salem
o District Court . -
+P ;
af ; Sincerely ,
LL'4 O
n li
G
;? �;•°. �, G=^G tic/ �/ ��'4,L,:.G-L
David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . Ward Councillor
City solicitor
Board of Health
William Toomey
Fire Prevention �7
1
x
• ' ' - �efia2tment ��� �ya�i2anmen�a� �ua�il� �nSinee2in�
�aua2ence �xyte2imenl �(alian
37 6611allack 966el, Yafoleyace, 1111aoaacheede16 04843
CERTIFICATION FOR ENVIRONMENTAL ANALYSIS OF WATERS
LABORATORY: MA072 DATE: 09/15/88
New England Chroma-Chem Co.
6 Nichols Street EXPIRATION DATE: 03/15/89
Salem, MA 01970
DIRECTOR: Bruce Bornstein
(508) 744-6600
PRIMARY PARAMETERS AND CATEGORIES (DRINKING WATERS)
FULL CERTIFICATION: Trihalomethanes
. PROVISIONAL CERTIFICATION: Trace Metals, PCB, Volatile Organics
SECONDARY PARAMETERS AND CATEGORIES
FULL CERTIFICATION: Volatile Halocarbons, Volatile Aromatics
PROVISIONAL CERTIFICATION: Metals
This certificate supercedes all previous certificates issued to this laboratory.
Reporting of analyses other than those authorized above shall be cause for
revocation of certification.
Original Certificate, not copies, must be displayed in a prominent place at all
times. Certification subject to approval b OGC.
seph E, O'Brien,
SS7d "Et;i"S �D ,t.110
Dir to
Laboratory Certification
G hid For the Commissioner
k
it" of _,�5alvm, {fit assadtilsetts
Boarp of Au rzd
DECISION-ON-THE-«PETITION OFF RUCE_BORNSTE N FOR A SPECIAL PERMIT AT 6
ONI� CHOLS 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 5-3fj ) , 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 0
n
r�
n o
- r
—cn
� ca
to � .
�t
,1
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.
"herefore. 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 l
Richard Febonio, Vice Chairman
Board of Appeal
o'
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 ow'ner' s Certificate of
Title.
Board of Appeal
ti
c
ti
� - C
� �V
U
Citp of *avin, AIaggacbusettg
AVA 9d��M11V6 d� L!A
AUT FILED /�Vc �j / SSS— Type: 0 JNew
Expiration we ZE Z,5fy� 4d' Renewal, no change
Number y3' ��2/D O Renewal with change
t
In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General
Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of:
�e 6ns/wn � GGtrornnCkev.^
a
at. t J't C" S �4-
type of business FhvLrotNvwewF21\ -re-S+i�c
by the following named person(s): (Include corporate name and title if corporate officer)
Full Name Residence
Rig-ocf 14. /fin �, s+e� t� 9 �e ��e� �� f4 lam-,, )'11 a
Signatures J
------------/ -------- --/�` ------
------------- ------------------------7----------------------------
on 19&-the above named person(s) personally appeared before me and made an
oath that the foregoing statement is true.
---------------------------------------------- - ----
CITY CLERK` Notary Public
(seal)
Date Commission Expires
Identification Presented
State Tax I.D. # S.S. # b 7 (
(if available)
In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass.
General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be
renewed each four years thereafter. A statement under oath must be filed with the town clerk upon
discontinuing, retiring, or withdrawing from such business or partnership.
Copies of such certificates shall be available at the address at which such business is conducted and shall be
furnished on request during regular business hours to any person who has purchased goods or services from
such business.
Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which
such violation continues.
C
JOHN D. KEENAN
ASSISTANT CITY SOLICITOR c
✓ CSI . J
60 WASHINGTON STREET, SALEM, MA 01970
TELEPHONE (978) 741-4453 • FAX (978) 740-0072
.. o
j s
CITY OF SALEM - MASSACHUSETTS
WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN
City SolicitorAssistant City Solicitor
81 Washington Street 93 Washington Street 60 Washington Street
Tel.978-741.3888 Salem, Massachusetts 01970 Tel:978-741-4463
Fax:978-741.8110 Fax:978-740.0072
September 2, 1999
Salem Police Department
Salem Licensing Board
Attn: Judith A. Davenport
95 Margin Street
Salem, MA 01970
RE: Class II Used Auto Dealers License
NEC Auto, Inc.
6 Nichols Street
Dear Mrs. Davenport:
First, thank you for forwarding the above mentioned dealer's license. The
building inspector's office has asked me for an opinion on the operation of the
above captioned used car dealer. (see enclosed copy).
It is my understanding that this property is in an R-2 District. The R-2 district
specifically prohibits the sale of motor vehicles (Salem Zoning Ordinance Article
V., § 5-3(c)(13)). (copy enclosed). In reviewing the inspector's file on this
matter, I have only be able to locate zoning relief granted in the form of a
special permit (September 30, 1992) to allow a change in a nonconforming use
of a machine shop to an environmental testing laboratory. (copy enclosed). I
am unable to locate any relief for use as a used car business.
The owner of the company, Mr. Bruce A. Bornstein, did respond to the building
inspector's inquiry, but he failed to discuss the pertinent zoning issues. Please
let me know if there is any additional information that might pertain to this
matter.
Thank you for your attention to this matter. Do not hesitate to call with any
questions.
Very best regards,
] n D. Keenan,
istant City Solicitor
ENC.
CC. William Lundregan, City Solicitor
Leonard F. O'Leary, Ward 4 Councilor
JALL:M YULLUb wJ 001
l
NUMBER FEE
THE COMMONWEALTH OF MASSACHUSETTS
• 02-26-99 _ $100.00
.......City........of..._.........Sa LeM... --..........................
USED CAR DEALER'S LICENSE-CLASS II. I�
TO BUY AND SILL SECOND-HAND MOTOR VEHICLES !
In accordance with the provisions o}f,,C, haptet 140 of the General Laws with amendments
thereto —. ..... ._ NK-AutA, 1itC.
_................–.._. _......._—..._..............__............---..-_........._ »...-...____.............
is hereby licensed to buy and sell second-hand motor vehicles at No-......._..............___-...........__
6 Nichols - St Salem,-MA»01970_._.
on premises described as follows:
NO SIGMGE
...UFveli czes7 nsii3eonly......_------.... _.... .....__......._..._- -- .......
BiuceA....floirns ei.ri...----....... _.._..... - ------------------1------11..11....-----............--_
......... _ .. - ._-_.._..... _- ---.......-----.....---------.......... . - Y_. __111 1..... ......
Decaober 31,---........._19 98`
war
._—
THIS LICENSE EXPIRES JAN, 2000
THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES.
FORM 5$ tic.W HOeas3WAN04"" (OVER)
Cftp of arem, Ala!6garbuatt-5
r Public Propertp Department
39uilbing Department
One balem Oreen
(978) 7459595 Cxt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 5, 1999
John Keenan
Assistant City Solicitor
City of Salem
RE: 6 Nichols Street
Dear John:
Please review the attached documentation to determine the legal uses of the property and
what action should be taken to rectify any illegal uses.
The property is located in an R-2 district, and on September 30, 1992 the owner Mr.
Bruce Bornstein was granted a Special Permit to change the use of the property from a
machine shop to an environmental testing laboratory.
Following an inspection of the property on July 27, 1999, we discovered that Mr.
Bornstein is also operating a used car business at this same address which he has a valid
dealers license issued from the Licensing Board for three (3)cars.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
ICeVln lx.
Goggin
Assistant Building Inspector
cc: Fire Prevention
P - 07 167 061
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
m Sent to
$ Bruce Bornstein
Stre,6aggY4ho1s St
o '` pp ea
6 a-lem;!•'1rFd ZIP Co��70
j Postage A UU S
Certified Fee 2 . 00
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
N
Return Receipt showing to whomn„
ate.and 9tltlressaf,pe0very
m
age anRF
�
TOTAIZ�ost \
Postmaor Dale- --
Y i �
LL
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(sae front)
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt ahachad and present the article at a post office service window or hand it to your rural carrier.
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date.detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mall number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
C If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. It return
receipt is requested,check the applicable blocks in item 1 of Form 3811.
B. Save this receipt and present 11 if you make inquiry.
i . ...
Citp of *arem, Aaggacbm5mg
Public Propertp Bepartment
��9ecp�neWNe �3uilbing Department
One 6alem Oreen
745-9595 ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 31 , 1988
Mr . Bruce Bornstein
6 Nichols Street
Salem , MA 01970
RE : 6 Nichols Street
Dear Mr . Bornstein ,
In regards to our conversation concerning the intended use
of 6 Nichols street , please be advised that any non-conforming
use other than the one existing "Machine Shop" must seek relief.
by Special Permit through the Board of Appeals as such stated
in section IX D & 8 , F of the Salem Zoning Ordinance . Therefore
your plans to sub-divide the existing building into three separate
r units must be done by seeking relief .
.� On August 30 , 1988 a site visit was made to the above re-
ferenced property by James Santo and myself . Upon our inspection
with you present , it is clear that you have occupied the first
floor as a chemical laboratory . Please be advised that this use
is in Violation of the Salem Zoning Ordinance and must be dis-
continued until the proper procedure through the Board of Appeals
has been taken .
If we do not hear from you within fourteen days from receipt
of this letter , we will seek a complaint against you in Salem
District Court .
Sincerely ,
David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . Ward Councillor
City solicitor
Board of Health
William Toomey
Fire Prevention
-
USE REGULATIONS SALEM ZONING ORDINANCE Art.V, § 5-2
ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed
., or offered for sale from the roadside.
Sec. 5.1. Generally. (3) Nursery,elementary and secondary schools,
(a) Uses of land, buildings and structures shall public parks and playgrounds, and public
be regulated according to the schedule of uses set libraries.
out in this article for each type of district. "Per- (4) Churches and similar places of worship.
mitted uses" are those which shall be permitted
in the district at any time. "Special permit uses" (5) Parish houses, convents and monasteries.
are those which may be permitted in the district (6) Institutions of higher education.
at the discretion of the board of appeals upon its
determination that specific conditions are satis- (7) Public and private golf courses.
fied. As explained in section 5-3(h)(3), "prohibited (g) Private garages and other accessory uses
uses" are those which shall be specifically prohib- and buildings, provided that such uses are
ited in the City of Salem at any time. clearly incidental to the principal use. All
(b) The interpretation of the language of this the buildings on the lot shall not occupy a
ordinance with respect to permitted and special greater percentage of the lot area than
permit uses shall be in accordance with the intent listed in Table I following Article VI herein.
stated in section 3-1 for each type of district. (b)'R-2'Districts-The'following are permitted;
uses in the two-family residential districts:,---
(c) The term "use of land" shall include the in-
terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts,
that the land cannot be used for the storage or except agricultural, horticultural and flori-
overnight parking of motor vehicles, including cultural operations.
trucks, tractors, trailers except as exempted by (2) Two-family dwellings,detached or attached.
section 7-1, unless the "permitted use" for build.
ings in the district allows such parking for the (3) Rooming and boarding of not more than two
storage of commercial motor vehicles. (2) persons.
(4) Historic buildings open to the public.
Sec. 5-2. Permitted uses. (5) Museums.
(a) R-C and R-1 Districts. The following are per. (6) Private garages and other accessory uses
mitted uses in the residential-conservation and and buildings, provided that such uses are
one-family residential districts: clearly incidental to the principal use.
(1) Detached single-family dwellings. (7) Buildings and facilities for elderly housing
(2) Customary agricultural, horticultural and projects built under the jurisdiction of the
floricultural operations, provided that: Salem Housing Authority and financially
aided by either the U.S.Public Housing Ad-
a. All the buildings combined shall not ministration and/or the Commonwealth of
occupy a greater percentage of the lot Massachusetts Department of Commerce-
area than listed in Table I following Division of Public Housing.
Article herein. (c) R-3 Districts. The following are permitted
producing substance and no building
b. storage manure odor- or dust- uses in the multifamily residential districts:
pr
in which farm animals are kept shall (1) All uses permitted in R-2 Districts.
be permitted within one hundred (100) (
feet of any property line. 2) Multifamily dwellings.
c. No greenhouse heating plant shall be (3) Private garages and other accessory uses
operated within fifty (50) feet of the and buildings, provided that such uses are
property line. clearly incidental to the principal use.
11
Art.V, § 5.2 SALEM ZONING ORDINANCE USE REGULATIONS
(d) B-1 Districts. The following are permitted (e) B-2 Districts. The following are permitted
uses in the neighborhood business districts: uses in the highway business districts:
(1) All usesermitted in R-3 Districts subject
P � J (1) All uses permitted in B-1 Districts, subject
to all the provisions specified for each use. to all provisions specified for such uses, ex-
(2) Grocery, fruit, vegetable and meat stores, cept that all residential uses are prohib-
delicatessens. ited.
(3) Bakeries,provided that all baked goods are (2) Restaurants and other eating places in
sold at retail on the premises only. which alcoholic beverages may be served
(4) Drugstores. on the premises.
(5) Stores selling liquor,beer and wine for con- (3) Motels.
sumption off the premises. (4) Automobile service stations, subject to the
(6) Newsstands and variety stores. restrictions of section 7-2.
(7) Dry goods and notions stores. (5) Off-street parking and loading facilities and
other accessory uses and buildings, pro-
(8) Book, stationery and gift stores. vided that such uses are clearly incidental
(9) Florist shops, but excluding greenhouses. to the principal use.
(10) Hardware stores. (6) Supermarkets.
(11) Banks and savings and loan institutions. (7) Retail department stores located within a
shopping plaza.
(12) Barber shops and beauty parlors.
(8) Other accessory uses located within ashop-
(13) Laundry, dry cleaning and pressing estab- ping plaza.
lishments,provided that not more than five
(5) persons are engaged in providing such (9) Research and development facilities.
services. (10) Publishing and printing establishments.
(14) Self-service laundries. (11) Warehousing and distribution.
(15) Tailor and custom dressmaking shops. (12) Laboratories, provided, however, that no
(16) Shoe.repair shops. noxious odors are emitted.
(17) Radio, television and appliance repair (13) General office buildings and other similar
shops, provided that not more than three and related uses.
(3) persons are engaged in performing such
services. (f) B-4 Districts. The following are permitted
uses in the wholesale and automotive business
(18) Professional offices, medical and dental districts:
clinics.
19) Restaurants and other eating places which (1) Automobile service stations, subject to the
restrictions of section 7.2.
do not serve alcoholic beverages consumed
on the premises and including drive-in res- (2) Automobile, trailer and boat sales and ser-
taurants and drive-in snack shops. vice.
(20) Municipal buildings. (3) Plumbing,carpentry and sheet metal shops.
(21) Off-street parking and loading facilities and (4) Printing establishments.
other accessory uses and buildings, pro-
vided that such uses are clearly incidental (5) Sale and storage of building supplies.
to the principal use. (6) Warehousing.
12
USE REGULATIONS SALEM ZONING ORDINANCE Art.V, §5-2
(7) Wholesale merchandise brokers and whole- Housing Authority and financially aided
sale storage. by either the U.S. Public Housing Admin-
(8) Service establishments exceeding the re- istration and/or the Commonwealth of Mas-
quirements for such businesses in B-1 sachusetts Department of Commerce-
Districts,such as major laundry,dry clean- Division of Public Housing.
ing and baking establishments. (13) Retail-wholesale contractors supply estab-
(9) Churches and similar places of worship, lishments, provided, however, that the
public and private nursery, elementary wholesale operation does not consist of
and secondary schools, institutions of over fifty(50) percent of the business.
higher education. (14) Studios, workrooms and shops of artists,
(10) Off-street parking and loading facilities artisans and craftsmen, provided that all
and other accessory uses and buildings, products of the artistic endeavor or craft
provided that such uses are clearly inci- activity are primarily for sale on the prem-
dental to the principal use. ises or by specific off-premises commis-
sion from a sponsor or client.
(11) All uses permitted in B-1 Districts, sub-
ject to all provisions specified for such (15) Publishing and printing establishments.
uses, except that all residential uses are (16) One-family, two-family and multifamily
prohibited. residential uses as primary uses in
(12) Retail uses relating to the permitted uses townhouse, row house,flats or multistory
in this subsection M. arrangements, including high-rises, and
as secondary uses in upper floors of struc-
(g) B-5 Districts. The following are permitted
uses in the central development districts: tures primarily used for retail, personal
service or office purposes.
(1) All uses permitted in B-1 Districts, sub- (17) Accessory uses generally in support of the
ject to all the provisions specified for such above permitted uses.
uses.
(2) Other retail stores and service establish- (h) I Districts. The following are permitted
ments,except those permitted in B-4 Dis- uses in the industrial districts:All uses permitted
tricts. in B-4 Districts, subject to all the provisions
(3) Places of commercial recreation and en- specified for such uses.
tertainment, such as theaters and bowl- (i) Business Park Development Districts. The
ing alleys. following are permitted uses in the Business Park
(4) Restaurants and other eating and drink- Development Districts:
ing places. (1) General office buildings including busi-
(5) Nonprofit clubs, lodges and fraternal as- ness and professional offices and ancillary
sociations. activities (i.e., cafeteria facilities).
(6) Philanthropic and charitable institutions. (2) General storage,warehousing and whole-
(7) Music and dancing studios. sale distribution uses.
(8) Trade and business schools. (3) Manufacturing, packaging, assembly, re-
conditioning,processing,research and test-
(9) Hotels, motels and inns. ing of the following types of industries:
(10) Business and professional offices. pharmaceuticals and other related prod-
ucts, food and kindred products, apparel,
(11) Off-street parking and loading facilities.
electronics and electrical products, furni-
(12) Buildings and facilities for housing projects ture and fixtures, primary and fabricated
built under the jurisdiction of the Salem metal products, box manufacturing, tex-
Supp. No. 3 13
Art.V, §5-2 SALEM ZONING ORDINANCE USE REGULATIONS
r,
1
file manufacturing, frozen food storage, height above the highest building or struc-
ice manufacturing, including the storage ture within three hundred (300) feet of
of new materials and containers used in the proposed WCF.
or incidental to any of the foregoing. Pro- (2) In the event that a WCD is to be concealed
vided that such operations: completely in a preexisting nonresiden-
a. Are not specifically prohibited from tial structure (e.g. steeples) plans for the
the City of Salem according to the proposed concealed antenna shall be sub-
schedule of prohibited uses in sec- mitted to the building inspector for a
tion 5-3(hX3)herein. written determination that the antenna is
b. Are not dangerous by reason of haz- not visible.
and from fire or explosion. (3) Antennas used for city and state emer-
gency services and antennas used solely
C. Are not offensive, detrimental, inju-
rious, noxious or hazardous by rea- and exclusively for ham radio operation
and home' television reception are .ex-
son of causing dust, smoke, odor, eluded from this section.
fumes, radiation, groundwater dis-
(Ord. of 11-20-97, § 2)
charge, noise, vibration, traffic con-
gestion or other nuisance. See. 5-3. Special permit uses.
d. Are compatible with adjacent nonin-
dustrial uses. (a) Generally. Provided that permission of the
board of appeals is obtained in accordance with
(4) Laboratories or research facilites,includ- the-procedures and conditions set forth in section
ing medical and other research, provided 9-4 hereof, buildings and structures may be con-
manufacturing is clearly incidental to the structed,altered,enlarged,reconstructed and used
operation of the facility, does not exceed and land may be used for one (1) or more of the
fifty(50)percent of the gross floor area of purposes set out in this section.
the building and is not offensive, injuri-
ous,noxious, detrimental or hazardous by (b) R-C and R-1 Districts. The following are
reason of dust, smoke, odor,fumes,noise, special permit uses in the residential-conserva-
radiation, groundwater discharge, traffic tion and one-family residential districts:
congestion or other nuisances. (1) Professional offices and other home occu-
(5) Assembly or packaging of articles not ex- pations involving the use of a room or
ceeding two hundred (200) pounds in rooms in a dwelling to carry on activities
weight, provided that no manufacturing in which goods,wares or merchandise are
or processing is carried out. not commercially created or handled,pro-
vided that any such home occupation:
(6) Food and beverage manufacturing, bot-
tling or processing or commissary. a. Shall be operated entirely within a
dwelling unit,with no display visible
(j) Personal wireless service facilities. A wire- from the street.
less communication facility(WCF)can be located b. Shall be operated only by the resi-
and allowed as a matter of right provided it is dents of the dwelling unit, with not
located within or on a preexisting nonresidential more than one (1) regular employee
building or municipal structure. not residing in the dwelling unit.
(1) In the event that a wireless communica- C. Shall utilize not more than twenty
tion device (WCD) or structure (WCS) is five (25) percent of the gross floor
affixed to an existing nonresidential build- area of the dwelling unit.
ing or municipal structure such WCD or d. Shall display not more than one (1)
WCS shall not exceed fifteen (15) feet in nonelectric announcement sign of an
Supp.No.3 14
�. USE REGULATIONS SALEM ZONING ORDINANCE Art.V,§5-3
area not greater than one and one-
half (11/2) square feet and attached
against the building and not protrud-
ing therefrom.
(2) Mannas.
(3) Waterfront boat yards.
(4) Waterfront yacht clubs.
(5) Outdoor swimming pools which do no
conform with the requirements of Article
VII, Supplementary Regulations, as
amended in this ordinance.
(67 Salem Hospital, 91 Highland Avenue, Sa-
lem, including private clinics built within
one thousand five hundred (1,500)feet of
same.
(7) North Shore Babies and Children's Hos-
pital, 57 Highland Avenue.
(8) Salem Hospital for Chronic Diseases,Me-
morial Drive, Salem.
(9) Dormitory or dormitories as defined in
section 2-2 herein. Such dormitories may
only be built on land owned by the Salem
Hospital or the Commonwealth of Massa-
chusetts State College at Salem.
(10) Recreation buildings, including accessory
buildings usually constructed with such
buildings, with the following provisions:
a. All other applicable provisions of the
Salem Building Code and zoning or-
dinance must be complied with.
Supp. No. 3 14.1 p
P
( . USE REGULATIONS SALEM ZONING ORDINANCE Art.V, § 5.3
b. The ownership of the establishment principal dwelling an the same lot, pro-
must be a nonprofit charitable corpo- vided that parking requirements are met
ration so chartered by the Common- and upon the condition that there shall be
wealth of Massachusetts and so desig- no change to the exterior of the historic car-
nated by the Internal Revenue Service riage house unless approved by the histor-
of the federal government. ical commission.
c. The use of the premises shall be con.
strued as being "public." There shall Specifically excluded from this category are:
be no restrictions of any type regarding
membership in any organization and/or t12} Music and dancing studios.
club by race, creed or color while the (13) Barber shops and beauty parlors.
building is opened to the"public."How- (14) Food processing and catering of any kind.
ever, the premises could be "rented or
hired" for "public assemblies" or to (15) Any activity using electrical machinery
other nonprofit corporations of a sim- which may interfere with radio or televi-
ilar type as the owner, provided, how- sign reception in nearby dwellings.
ever, that any such "rental' shall not (16)Any other activity which would be detri-
exceed five (5) consecutive days nor mental to the neighborhood.
more than five (5) days in any month
nor more than forty (40) days in any (17) Municipal buildings other than 'schools, li-
twelve(12)months.A notice stating the braries and fire houses,
intent of this usage must be filed with
(18) Recreational buildings or areas operated by
the city clerk, with a copy sent to the membership clubs for the t
building inspector,at least ten(10)days benof their
members and not for gain, including
ding non-
before such usage is contemplated. A profit clubs, lodges and fraternal associa-
written approval from the building in-
spector, with a copy sent to the city tions.
clerk,must be obtained before any such (19) Rooming or boarding of persons not in the
usage. family.
d. There shall be paved driveways at least (20) Hospitals and sanitaria for the treatment
twenty-five (25) feet wide with at least of human ailments, except those listed in
one(1)paved walkway,five(5)feet wide subsections(6)through(8)above.However,
at the edge of the drive.The drive may clinics if built within one thousand five
not be "dead end" but must have at hundred (1,500) feet of the Salem Hospital,
least two(2)entrances to an established will be allowed.
public way. Such entrances if on the
same street shall be at least three hun- (21) Nursing or convalescent homes, or rest
dred (300) feet apart, measured from homes.
the nearest edge of the drive. No
parking shall be allowed at any time f22) Cemeteries.
on the drive. (23) Multifamily dwellings.
e. Off-drive parking spaces(in accordance (24) Philanthropic and charitable institutions.
with design standards of section 7-3
herein) must be provided at a ratio of (25) Buildings, structures or land used or to be
one(1)space for each thirty-six(36)feet used by a public service corporation.
of free floor area (equipment and ser-
(26)Automobile service stations,
vice looms not included in such areas),
plus one (1). (27) Any special permit uses for B-1, B-2, B-4
(11) A historic carriage house for use as a single. and I Districts.
family dwelling as an accessory use to a (28) Open air motion picture theaters.
15
Art. V, § 5.3 SALEM ZONING ORDINANCE USE REGULATIONS '
(29) Dormitories, other than mentioned in sub- (10) Automobile service stations.
section (9) above.
(11) Automobile or automotive manufacturing
(30) Supermarkets. and/or assembly plants.
(31) Sales of motor vehicles, trailers, boats and (12) Multifamily dwellings, except those listed
service for the same. in section 5-2(b) and (c) of this article.
(32) Retail establishments not including clubs (13)—Sales of motor vehicles, trailers, boats and -
as defined under Chapter 138, Section 1 of { 7 service for the same.
the General Laws (Ter. Ed.) licensed to sell 1 r - I
alcoholic beverages for consumption on the (14) Retail establishments not including clubs
premises and employing not more than as defined under Chapter 138, Section 1 of
eight (8) persons. The term "eight (8) the General Laws (Ter. Ed.) licensed to sell
palcoholic beverages for consumption on the
persons" shall be interpreted to mean-all
premises and employing not more than
persons including the owner, part-time em-
ployees, etc., regularly employed in any eight (8) persons. The term "eight (8)
twenty-four-hour period. persons" shall be interpreted to mean all
persons including the owner, part-time em-
Commercial amusement or amusement ar- ployees, etc., regularly employed in any
cade. twenty-four-hour period.
(c) R-2 Districts. The following are special (d) R-3 Districts. The following are special
permit uses in two-family residential districts: permit uses in the multifamily residential dis-
(1) All special permit uses for R-C and R-1 Dis- tricts:
tricts, subject to the restrictions specified (1) Nursing, convalescent, and rest homes, not
for such uses. over two(2) stories high, having more than
(2) Funeral homes. seventy (70) beds if of Type I construction
as defined in section 2-2 herein.
(3) Tourist homes.
(2) Nursing, convalescent, and rest homes, not
(4) Rooming and boarding of three (3) or more over two (2) stories high, having not more
persons, not to exceed a total of six (6) per- than seventy(70)beds if of Type II construc-
sons. tion as defined in section 2-2 herein.
(5) A historic carriage house for use as a single- (3) Hotels, motels or inns.
family dwelling as an accessory use to a (4) Municipal buildings including fire stations.
principal dwelling on the same lot, pro-
vided that parking requirements are met (5) Garden type multifamily dwellings, if built
and upon the condition that there shall be in accordance with the following require-
no change to the exterior of the historic car- ments:
riage house unless approved by the histor-
ical commission. a. A preliminary site plan shall be sub-
_ _ `r mitted to the planning board which
Specifically excluded from this category are: J shall show the dimensions of the lot,
-- all proposed buildings, structures,
(6) All special permit uses specifically excluded
from R-C and R-1 Districts. parking facilities, service areas, recre-
ational and play areas, landscape fea-
(7) Nursing or convalescent homes, or rest tures and any other information as may
homes. be necessary to determine that the re-
(8) Hotels, motels or inns. quirements of the following sections
will be met. Upon the approval of the
(9) Any special permit uses for B-1, B-2, B-4 preliminary site plan, the developer
and I Districts. will submit the following.
16
r
✓" f Itn of �aIrm, {71c755cILI11I5CttG
i n r0 of �u eni
DECISION ON THE PETITION OF BRUCE BORNSTEIN FOR A SPECIAL PERK?IT AT 6
NICHOLS STREET (R-2)
A hearing on this petition was held September 30. 1992 with the following
Board Nembers present: Richard Bencal, Chairman; Richard Febonio, Francis
Greailsh 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 :OA.
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
laboratorv. 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 Permits Section 5-3(j ) , ,which provides as follows :
Notwithstanding anything to the contrary appearing in this Ordinance, the
Boarc -- . =.ppeai may, in accordance with the procedure and conditions set
forth in Section 3-6 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
inhabit2nts .
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.
0 0
n
T C [AJ
(A3
r
=- 3
PETITION OF BRUCE BORNSTEIN, FOR A SPECIAL PPERMIT 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.
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
oma"
Ov
U
3
DECISION ON THE PETITION OF BRUCE9ORNSTESd FOR ?.
SPECIAL PERP{IT AT 6 NICHOLS STREET, SALEX
{ j page three
A COPY OF THIS DECISION HAS BEEN F LED l,NITH 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 C'_erk. 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
0
� =u
U
3
v6�coHnt ka Citp of batem, �ftm bmgettg
�tllRoil
�9q�,�MINBfP�D �J
FILED /��_S �r � SSS� Type: ❑ ,,New
Expiration Date Lll 15— lf� d' Renewal, no change
Number y '0�gle!52 ❑ Renewal with change
r
In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General
Laws, as amended, thhey undersi ned hereby declare(s) that a business is conducted under the title of:
at. N't cowl S �'d
typeofbusiness �hviro'.�vwe^iw� -reStl-\t Gni
by the following named person(s): (Include corporate name and title if corporate officer)
Full Name / Residence
Hfu)CG•P /'� • �Snr�v, s-I-e, n 9 8ei /C�� /,J T4fPw )-ilA
Sienatures
--------- --�-------- --° --- ----------------- -----------------------------------------------------
----------------------------------------------------- -----------------------------------------------------
on �S 19Lsthe above named pen-on(s) personally appeared before me and made an
oath that the foregoing statement is true.
•C [��
----------- ---- -- --
------ ------
----- ---------------------- ------------------ -------- ----- --- -
.
CITY CLERK' - Notary Public
• (seal)
Date Commission Expires
Identification Presented
State Tax I.D. # S.S. it ?00
(if available)
In accordance with the provision of Chapter 331 of the Acts of 1985 and Chapter 110, Section 5, of Mass.
General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be
renewed each four years thereafter. A statement under oath must be filed with the town clerk upon
discontinuing, retiring, or withdrawing from such business or partnership.
Copies of such certificates shall be available at the address at which such business is conducted and shall be
furnished on request during regular business hours to any person who has purchased goods or services from
such business.
Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which S
such violation continues.
Citp of Salem' A1a'5$arbUgEtt'5
Public Propertp Department
jBuil0inQ department
One 9�a[em green
(976) 745-9595 ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 5, 1999
John Keenan
Assistant City Solicitor
City of Salem
RE: 6 Nichols Street
Dear John:
Please review the attached documentation to determine the legal uses of the property and
what action should be taken to rectify any illegal uses.
The property is located in an R-2 district, and on September 30, 1992 the owner Mr.
Bruce Bornstein was granted a Special Permit to change the use of the property from a
machine shop to an environmental testing laboratory.
Following an inspection of the property on July 27, 1999, we discovered that Mr.
Bornstein is also operating a used car business at this same address which he has a valid
dealers license issued from the Licensing Board for three (3) cars.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Kevin G. Goggin
Assistant Building Inspector
cc: Fire Prevention
(fity of _�$ttlpm, ttSsu liusP#ts
3
Poar3 of �uftett!
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=)\
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 petitioner's—Attorney A stzalides, the Salem Board of Appeal
voted 5-0, to grant leave to withdraw this petitro 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, 4,(/.%y!� , �C �
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
ren� '
f `Y
February 9, 2004 r °
f r 1UU� D
Mayor Stanley J. Usovicz Jr. F-
Salem City Hall °f .t pFgt
120 Washington Street FtC
Salem, MA 01970
Re: 6 Nichols Street Complaint
Dear Mayor Usovicz:
On November 26, 2002, I filed a written complaint with the Inspector of Buildings
concerning the illegal construction, use and occupancies located at 6 Nichols Street.
In my complaint I noted that a third floor dwelling unit was constructed and being
occupied illegally and the owner of the property did not obtain the required building
permits, special permits or variances. I also requested that the Inspector order an
immediate cease and desists of the dwelling unit occupancy but as of the date of this
letter no legal action or enforcement has occurred.
As a result the property owner is in violation of the following state and local codes and
ordinances:
1) 780 CMR 110.1 —not obtaining the required permits
2) 780 CMR 103.1- not maintaining the structure in a safe, operable and sanitary
condition
3) 780 CMR 1 14.1- failure to pay the required permit fees
4) 780 CMR 115.0—failure to obtain the required inspections
5) 780 CMR 118.1- unlawful acts of altering, changing the use and occupying
the structure without the required permits
6) 780 CMR 120.0—failure to obtain the required certificate of occupancy
7) MGL 148 — Failure to obtain the required fire permits and inspections
8) Salem Zoning Ordinance Section 9-1 and 9-2 enforcement and violations—
No building or structure shall be altered until a permit has been issued by the
Inspector of Buildings
Because your administration has failed to act and take the necessary enforcement action,
I am requesting that the appropriate state inspectional agencies take steps to protect the
public. Your failure to act is contributing to the unsafe and dangerous conditions to the
occupants of the building in case of fire in this structure and also the lives of our
firefighters.
pro",
Please take immediate action to correct this issue and do not hesitate to keep me informed
as to what action you have taken to correct these violations.
Sincerely
rc
Mr. Leo Jodoin
8 Hanson Street
Salem, MA 01970
978-745-7983
Cc: State Fire Marshall
Department of Public Safety
Salem Board of Appeals
Salem News
Boston Globe
:
City of Salem
Public Property Department
120 Washington Street, 3`d Floor
Salem, MA 01970
Attn: Mr. Thomas St. Pierre
June 24, 2003
Dear Mr. St. Pierre,
We are in receipt of your letter dated June 5, 2003 regarding the apartment located on the
third floor of my building at 6 Nichols Street in Salem.
In response to your letter:
1) Please find enclosed a copy of the certificate of fitness for the third floor
issued by the City of Salem Board of Health.
2) Deadbolts that allow exit from multiple exits from the building have been
installed.
3) We are in the process of hiring a carpenter to have two egress windows
installed in the bedrooms on the third floor.
4) Enclosed is a copy of a notarized letter that has been signed by a former
tenant, Mr. Brian Birmingham, in the presence of a notary as proof of the
existence of said 3`d floor apartment dating back more than 10 years.
5) Enclosed are copies of 3 bank deposits from rent received from Mr. Brian
Birmingham during 1990 and 1991.
6) Enclosed is a copy of a notarized letter, signed in the presence of a notary,
from a former roommate who shared the apartment on the 3'd floor with me in
the late 80's while my house on 9 Belleau was uninhabitable due to
construction. Furthermore, Mr. Cosbar documents the existence of the
apartment on the 3`d floor at 6 Nichols Street prior to my purchase of the
building. Mr. Cosbar is currently a City of Salem Fire Fighter. He is a 16 year
veteran of the City of Salem Fire Department.
When the two egress windows have been installed, we'll give you a call.
Sincerely,
Bruce A. Bornstein
�oot+ol CITY OF SALEM MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
3 9 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O1970
TEL. (978)745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
January 2, 2003
COPY
Bruce Bornstein
Kings Cove Realty Trust
9 Belleau Road
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
I have received your request to add residential unit to your building at 6 Nichols Street.
As you are aware, your building is a grandfathered commercial property that is located in
an R-2 zone. The commercial machine shop was the grandfathered use. You sought and
received a special permit for your testing lab.
It is my opinion that adding a residential unit or any other use would require a Special
Permit from the Board of Appeals.
If you wish to apply fora Special Permit applications are available at this office.
Si erely,
v�
Thomas St. Pierre
Acting Zoning Officer
cc: Mayor's Office
Tom Phillbin
John Keenan
c , CITY OF SALEMy MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
"' 53 120 WASHINGTON STREET, 3RD FLOOR
R o' SALEM, MA 01 970
TEL. (978)745-9595 EXT. 380
FAX (978) 740-9846 -
STANLEY J. USOVICZ, JR.
MAYOR
July 17, 2003 CO 'P' Y
Bruce Bornstein
King Cove Realty Trust
C/o New England Chrome
6 Nichols Street
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
1 have received your fetter of June 24 th.
The information contained in the letter refers to an apartment in the early 1990's.
To date this department does not have any proof of an apartment being legally established
at any time in the buildings history.
To establish a grandfathered apartment, the unit would have to have existed prior to
August of 1965.
Unfortunately, ) must move forward with prosecution of this case.
Furthermore, any window replacement or other construction, wiring needs a building or
other permits.
My letter of June 5`h and the orders enclosed are still in effect.
I
j
i
I
i
I
CITY OF SALEM MASSACHUSETTS
v�
PUBLIC PROPERTY DEPARTMENT
3 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. p
MAYOR
COPY
OP�y
March 6, 2003
Brice Bornstein
Kings Cove Realty Trust
c/o New England Chromchem
6 Nichols Street
Salem, MA. 01970
Dear Mr. Bornstein:
In December of 2002, you called this office to inquire as to whether or not you could
construct an apartment at your 6 Nichols Street property.
I formalized an answer to your question in a letter dated January 2, 2003 (see enclosed
copy) informing you that a Special Permit would be required.
We have received complaints alleging that an apartment has been built at your property.
Under the authority of State Building Code 780 CMR, Section 115.6, you are directed to
contact this office immediately to arrange for an inspection of your property.
Thank you for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
Cc: Mayors Office
Tom Phillbin
Fire Prevention
Councillor O'Leary
T;
FUE Lic F ROPERTY DEFARTM,'E,IST
1 2C WASHINGTON STrEET, SRD FLOCn
SALEM, MA O1 970
TEL, (978) 745-9595 EXT, 360
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
January 2, 2003
Bruce Bornstein
Kings Cove Realty Trust
9 Belleau Road
Salem,Ma. 01970
ir
RE: 6 Nichols Street
Dear Mr. Bornstein:
I have received your request to add residential unit to your building at 6 Nichols Street,
As you are aware, your building is a grandfathered commercial property that is located in
an R-2 zone. The commercial machine shop was the grandfathered use. You sought and
received a special, permit for yourtesting lab.
It is my opinion that adding a residential unit or any other use would require a Special
Permit from the Board of Appeals.
If you wish to apply for a Special Permit applications are available at this office.
Si erely,
Thomas St. Pierre
Acting Zoning Officer
cc: Mayor's Office
Tom Phillbin
John Keenan
' F
Y OF SALEM, NhASSACi-iusETTS
w A PUBLIC PROPERTY DEPARTMENT
9 120 WASHINGTON STREET, 3RD FLOOR
til du a. SALEM, MAO 1970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
March 20, 2003
Bruce Bornstein
Kings Cove Realty Trust
c/o New England Chamber
6 Nichols Street
Salem, Ma. 01970
Dear Mr. Bornstein:
Thank you for meeting with me at your property on Nichols Street.
The visit confirmed that you recently started using rooms on the second floor for a
residential use.
Additionally, no inspections, or required Certificate of Inspection have been obtained.
Furthermore, as I discussed with you, and per my letter dated January 2, 2003, Zoning
Board of Appeal relief is required.
"When a nonconforming structure is altered to provide for a use different from the use
prior to the alteration, the ordinance applies even if the new use is a permitted one."
Nicholas vs Board of Appeal Cambridge
You are directed to contact this office to file for Special Permit for your property.
Additionally, the apartment is not legal and needs to be emptied immediately.
If further information is needed, please contact this office.
Sinely,
Thomas St. Pierre
Acting Building Commissioner
cc: Tom Phillbin
John Keenan
Councillor O'Leary
.�o CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
n 120 WASHINGTON STREET, 3RD FLOOR
` ` # SALEM, MAO 1970
` - TEL. (97B)745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
June 5, 2003 Cop
Bruce Bornstein
Kings Cove Realty Trust
c/o New England Chrochem
6 Nichols Street
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
I have considered your letter dated March 28, 2003 and your assertions that you have had
an apartment in your building since 1987.
This department has no evidence that a legal apartment was ever established at 6 Nichols
Street.
Because of this, a claim not be made that you are continuing a non conforming use.
This apartment in your building does not meet State Building Code requirements nor has
a Certificate of Fitness been received from the Health Department as required by City
Ordinance.
You are directed to cease renting this apartment.
If you feel you aggrieved by this order. your appeal, as mentioned back in the January 2,
2003 letter, is to the Salem Zoning Board of Appeals.
If you feel you are aggrieved by a Building Code item, your appeal is to the Board of
Building Regulations and Standards in Boston.
Sincer
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
Councillor O'Leary
Fire Prevention
Cf a of 'Salem, fflassarhusetts
�
it Poxrb of '4pexl
•�c,wni du - RAY V 11 36 M '81
DECISION ON THE PETITION OF BRENTWOOD STRUCIVRES, IIC. FOR FILE#
VARIANCES AND /OR SPECIAL PERMIT AT-6-NICHOLS STREEP ArID� CITY CLERK,SALEM.MASS.
�12`HANSEN STREET'-(R=2)
A hearing on the petition was held on 'April 15, 1987 with the following Board
Members present: James Hacker, Chairman, 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 Serafini, 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: a
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 follmTing 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 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.
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;
D_ECISION ON THE PETITION OF BRUTTWOOD S'TRUC'TURES, 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 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 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 multi-family, residential use and to extend the present non-coming structure
to accaTmodate twenty-two (22) units as per the plans sutnitted, 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 frcCT 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
Z'
,/3arms M. Fleming, Esquire
Member, Board of Appeal
APPEAL APRRSTHF XAVM'ING BOARD AM THE CITY CIMK.
GENERAL LAWS, CHAPTER 808, 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 8.38. SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN. SHALL NOT TAKE EFFECT UIJIL A COPY OF THEDECISION, BEARING THE CERT.
FJCATIC)N OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED Ar,,� NO APPEAL HAS BEEN FILED,
CR THAT, IF Solt.,' AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS.';,ISSID OR DENIED IS
RECORDED 114 THE SCUM ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAI 4E OF THE O,VNER
OF RECORD OR IS RECORDED AND NOTED ON THE 016NER'S CERTIFICATE OF TITLE.
RnApn Ar APPrAl
r�
J
/r� G Ti#u of
Iuzntiits Vaurl
(1�zcc �u1cm (�rEcu
DECISION
D.
SPECIAL PERMIT rr. ? "o PY 'ph
;l
SITE PLAN REVIEW t ; f' 1
Nichols Street Realty Trust
6 Nichols Street
c/o Attorney John Serafini , Sr. r irpSS
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 voted, 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, sharl 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 reviewed
and approved by the Planning Department .
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 be reviewed 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 prior 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 commence before 7 :00 a.m. on weekdays, and 8 :00 a.m.
on Saturdays. No work shall continue beyond 5:00 p.m. No 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 kests .taken during the 21-E process,-end_
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. - ---
1 hereby certify that acopy of this decision and plans have been filed
with the City Clerk and copies are on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision
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 Deeds and is indexed in the grantor index under the
name of the owner of record or is recorded on the owner' s certificate of
t=itle. The fee for recording or registering shall be paid by the owner
or applicant.
Walter B. Power, III
Chairman, Planning Board
Citp of &a[em, Na!5gacbu!5ettg
Public Propertp Department
�3uilbing Department
One *alem green
745-9595 tgxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 31 , 1988
Mr . Bruce Bornstein
6 Nichols Street
Salem , MA 01970
RE : �6=Nicti'ols�5-Cree=t=�
r -
Dear Mr . Bornstein ,
In regards to our conversation concerning the intended use _
of 6 Nichols street , please be advised that any non-conforming
use other than the one existing "Machine Shop" must seek relief
by Special Permit through the Board of Appeals as such stated
in section 1X D & 8 , F of the Salem Zoning Ordinance . Therefore
your plans to sub-divide the existing building into three separate
units must be done by seeking relief .
On August 30 , 1988 a site visit was made to the above re-
ferenced property by James Santo and myself . Upon our inspecti6n
with you present , it is clear that you have occupied the first
floor as a chemical laboratory . Please be advised that this use
is in Violation of the Salem Zoning Ordinance and must be dis-
continued until the proper procedure through the Board of Appeals
has been taken .
If we do not hear from you within fourteen days from receipt
of this letter , we will seek a complaint against you in Salem
District Court .
Sincerely/,
David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . Ward Councillor
City solicitor
Board of Health
William Toomey
Fire Prevention
of "5ulem, C, assadjusettAT N 3 os Me '61
� FfiE'i
curb of ppral
>7T Y CL.,�-r.;}:. E'.! ?K. NAS'_.
DECIISON ON THE PETITION OF 6 NICHOLS STREET FEALTY 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 buildin^
would be made, and the two tier parking facility would be constructed according to
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 may, in accordance with Section VIII F and IY D, grant Special Permits
for alterations and reconstruction of nonconforming structures, and for changes,
enlargement, extension or expansion of nonconforming lets, land, structures, and
uses, provided, however, that such change, extension, eniargment or expansion
shall not be substantially more detrimental _La, the existing nonconforming use
to the neighborhood.
In more general terr:s, this Board is, when rc iewin- Special Permit requests,
guided by the rule that a Special Permit request m,ay 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, 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 invclved 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 involve
substantial hardship, financial or ctherwlse, to the petitioner;
c. desirable relief may be granted wit'n:out substantial detriment to the
public good and without nuilifying cr substantially derogating from the
intent of the district or the purpose of the Ordinance.
I _ECISIG'r., 0.; ...E .;`Or: C G'Ci.3LS S:'r,FI- REAL_ _ _RUST 715-,
A SPECIAL PERI-=. VARIAIICE AT F. hICHJLS ST. , LET",
page two
The Board of Appeal, after hearing the evidence presented at the hearing, and
after viewing the plans, rakes 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 Scare of P.ppeal voted one ( 1 ) in favor (Mr. Luzinski) and
three (3) opposed (Messrs. , Fleming, Bencai and Strout) to the granting of either
Variance or a Special Permit. By the vote of 1 -3 the requested Variance or
Special Permit is denied.
I ARIANCE AND/OF. SPECIAL PERMIT =E TED -
i� !�;- o
�?ares 1. Fleming, Esa . , VChairman
A COPY OF THIS DECISIO': HAS BEEN FILED i':ITH THE PLANNING BOARD AND THE CITY CLERK
7
C
BJ�2ii DS :.PPE�L
April 24, 2000
I�yFO�.MAT1�N
Councillor Leonard'O'Leary
Salem City Hall
93 Washington St.
Salem, MA 01970
Dear Councillor O'Leary,
I am writing this Ietter regarding the parking of a trailer on my property located at 6 Nichols
Street in Salem. I am requesting that you respond to this letter in writing.
What I wish to know is why I have been selected out of all the residents in your ward to be
targeted regarding the parking,of a trailer? In order for you to come to look at the trailer on my
property,you are required to pass dozens of trailers that are parked within 10 feet of the rear lot
line. Most of these trailers are also within 10 feet of the sideline as well.
In fact, one could not help but notice that there is a trailer across the street from the trailer at my
building. A trailer that is parked within 10 feet of the street and within 10 feet of the sideline.
Furthermore,your own neighbor has a trailer right up against the rear lot line of his property.
You have ignored the trailer of your neighbor that is parked against the rear lot line and plainly
visible from your house. You have ignored every other trailer in your ward. Please tell me why
you have come to my neighborhood, and singled out my trailer, while ignoring all others that
violate setbacks side and rear?
Sincerely,
Bruce A. Bornstein
cc: Mayor Stanley Usovicz Jr. s ;
Salem City Clerk `^ .
March 21, 2000
x L-DING DEPT.
Peter Strout dSU MAR 22 P 1: L4
Thomas St. Pierre
Inspectors of Buildings C; r 4r
City of Salem -i 1Y u. SALEM. h",
Dear Sirs,
This letter contains additional information that needs to be addressed regarding the letter your
office sent me dated March 17, 2000.
I have read the City of Salem's Ordinance : 7-1, and I have a comment. The copy of the
ordinance that you faxed me refers to a residential premises. My building is a commercial
building, and as such I am not bound by Article VII section 1. If you feel my trailer is in violation
of a commercial premises ordinance please send supporting documentation to that effect,
otherwise, please send documentation for my files stating that your letter dated Mar. 17, 2000
was sent in error.
Sincerely,
Bruce A. Bornstein
cc: Arty Alan Dershowitz
Mayor Usovicz
Citp of *arem, 41a.52wbugettq
Public Propertp Mepartment
Wuilbing Mepartment
One oalem Pareen
(976) 7459595 Ext. 360
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer ( �
March 17, 2000
Kings Cove Realty Trust
Bruce Bornstein—Trustee
6 Nichols Street
Salem, Ma. 01970
RE: 6 Nichols Street
Dear Mr. Bornstein:
Please be advised the location of the trailer,being stored on your property, violated City
of Salem ordinance; 7-1, Trailers.
You are directed to relocate the trailer to conform to this ordinance within ten (10) days.
Failure to do so will result in a complaint being filed in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Local Building Inspector
cc: Mayor Usovicz
Councillor O'Leary
---- '--'- ---- '-- -'------' —?— --------- ---' ---'—'-- — --------�" '------~--- ~
OF PERMIT PERMIT No. OWNER �OCATJON
1_E9-62 210 KOKO NIPPLE CO 6 NICHOLS STREET
OWEULING MATERIAt- DIMENSIONS NO.Or STORIES NO OF FA"ILIES WARD BUILOER - COST
OTHER SLOGS. -ATERIAL DIMENSIONS NO.OF STORIES BUILDER 'Oc�� "040ER
DEMOLISH ^v^ ONE uuuv vTvftY To ovnv^RT TooEE amu ONE HALF STORY F CTUR% ^
BUILDING INTO A THitEE STORY BUILi)iNG: EXISTING L THIftu FLOOR TO BECOME ROOF
"....°°" ."+'/^ CLASS v RvvcIoc.
11°25"69 #383 Erect *O8d81l sign
�
BOARD OF APPEAL: 10/15/8 GRANTED Special PErmit to convert factory to 22 units.
(Delta Design Bldrs, owners) 911-1"
' -----`---------'-- t �� units.
---------'-- 1 l Per
t0 construct ^
�0�8D 0� �P9S�L� 4/15/87 ^ GRANTED �ivariance/SPeC �
ars/pet czon�/ u
"""�~ - Inc. wu � yo��inJ
Brentwood Structures, � ^` ~� r- to
extend uoncoo
� 1� ' 'DENIED ~ Special Permit/variance (Bruce BorosteioG, Tr. '
BOARD OF APPEAL: 1O/?/8? �� two tier parking facility-
use and atructere and to construct a
6 0icbolr 3t^ 7roat)
- use from 3 machine shop to ,
BOARD OF APPEAL: 9/30/9/ - GRANTED - Special Permit to
Ch�nq�
an environmental testing l8h,
,.
RONAN, SEGAL & HARRINGTON
ATTORNEYS AT LAW
FIFTY-NINE FEDERAL STREET
JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470
JACOB S.SEGAL
MARY PIEMONTE HARRINGTON
GEORGE W.ATKINS, III
KATHLEEN M.O'HAGAN
TEL(978)744-8350
FAX(978)744-7493 FILE NO. B-1013
OF COUNSEL
JOHN H.RONAN
MICHAEL J.ESCHELBACHER
December 2, 2003
VIA FACSIMILE AND
FIRST CLASS MAIL
City of Salem
Building Inspector
120 Washington Street
Salem, MA 01970
ATTN:Thomas St Pierre
RE: 6 Nichols Street, Salem
Dear Mr. St Pierre:
The undersigned represents Bruce A. Bornstein, owner of the above-referenced
property. I have been engaged to resolve the use issues concerning the property and
request that you continue the complaint filed in the Salem District Court so that I can
resolve any issues with abutters and prepare a petition for the Zoning Board of
Appeals.
Thank you for your consideration. In the event that I am unable to resolve the
issues or in the event that I discontinue my representation 11 notify you of same.
ery truly yo
. Atkins
GWA/alc
APPLICATION J7 ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAINT ❑ JUVENILE District Court Department I
❑ ARREST [I HEARING ❑,sUMMONS El WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within r' Satem District COitfi
named defendant, charging said defendant with the offenses) listed below.
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE Salem M .ton Street
12/13/00 Ongoing 6 Nichols Street
Ss1em MA.Ot970
NAME OF COMPLAINANT
City of Salem Building Bedartment NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT Section
One Salem Green t. Salem Zoning Ordinance 7-1
__- .__ ._ --.--, ____. __ .._-. _. _.__ _
Salem, Ma. 01970
-L -
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
f
Ring-Cove Realty-Trust -- -- - f
Bruce Bornstein- Trustee 3.
9 Belleau Road
Salem, Ma. 01970 a.
COURT USE I A hearing upon this complaint application DATEOFHEARING TIMEOFHEARING COURT USE
ONLY--* will be held at the above court address on �, .J Pool AT ONLY
CASE PARTICULARS — BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
t NO. Owner of property. Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. w destroyed,etc. $250. Marijuana,gun,etc.
3 r'3 c h
.'
P'!
OTHER REMARKS: -r `*
Defendant' is-in technial violation of the City of eSalem r
Trailer OrdinancI r; `• p
r P( w Ut
I , x ,,.Cj
��I
SIGNATU E OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOFBIRTH PLACE OF BIRTH SOCIALSECURITV NUMBER SEX RACE HEIGHT=
HAIR
OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAM E(MAIDEN) FATHER'S NAME
0
O
3
r
D
Z
D
2
0
0
v
DC.CR2(3/88)
iSALEM. MA
Ctv of Salem, 'ffinssarflusett"LERK'S OFFICE
® f
PuttrD of (�A"ettl
1999 NOV 30 A 10. 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 6), 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.
t '
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 007 &C—rh�
Nina Cohen, Chairman
Board of Appeal
M
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
2
of �afvm. � �sS�cltltsettG
DECISION ON THE PETITION OF BRUCE BORN'STEIN FOR A SPECIAL PERK?IT -1 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
Greaiish 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 :OA.
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
I
aboratory. The property is located in an 0-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit `_s Section 5-3(j ) , which provides ns follows:
'Notwithstanding anything to the contrary appearing in this Ordinance, the
°oars of =.ppeai may, in accordance with the procedure and conditions set
forth '-n 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.
ca o
r�
Y,
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. user
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.
:'herefore, 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
M r�
C
U
U
CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
J' 120 WASHINGTON STREET, 3RD FLOOR
�a'Mmg SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
January 20, 2005
Bruce Bornstein
c.o Chemachrome
6 Nichols Street
Salem, Ma. 01970
RE: Snow Plowing- 6 Nichols Street
Dear Mr. Bornstein:
This Department has received complaints regarding your snow plowing contractor
pushing snow out into the street. This is a direct violation of City of Salem Ordinance
38-12.
More importantly,you received a Variance/Special Permit to convert part of your
building to apartments.
The conditions you agree:to are binding. Failure to abide by the conditions can cause the
revocation of your Board of Appeal decision. Condition#11 refers to landscaping and
snow removal. The decision refers to your storage of snow on your property.
You are directed to snow moving snow access the public way onto any adjacent property
or sidewalk.
If you have any questions, please contact me directly.
Sincer ly,
Thomas St Pierre
Zoning Enforcement Officer
cc: Kate Sullivan; Mayors Office
Councillor O' Leary
Councillor Harvey
Councillor Sargent -
Salem Police O.I.C.
I
1/31/2005
Thomas St. Pierre
Zoning Enforcement Officer
City of Salem
120 Washington Street, 3`d Floor
Salem, MA 01970
Re: Snow Plowing—6 Nichols Street
Dear Mr. St. Pierre,
I am responding to your letter dated January 20, 2005.
Zoning enforcement has received one (or several) complaints from one specific neighbor
regarding plowing—Leo Jodoin. It is he that called the Salem Police to investigate
plowing that was done by my contractor.
You told me that you contacted the Salem Police, and that their report found no problems
regarding my contractors plowing.
In the future, as in the past, I will continue to make sure that any plowing that is done on
my property is performed in accordance of Ordinance 38-12.
Furthermore, I think if you go back through your records you will find that the only
complaints you ever receive regarding me or my property at 6 Nichols St. come from one
neighbor and one neighbor only—Leo Jodoin.
It seems readily apparent that any complaints he has regarding my property should be
taken with a grain of salt.
Please don't hesitate to give me a call if you have any questions.
Sincerely,
Bruce A. Bornstein
CITY OF SALEM9 MASSACHUSETTS
s PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
��411N6 SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
January 20, 2005
Bruce Bornstein
c.o Chemachrome
6 Nichols Street
Salem, Ma. 01970
RE: Snow Plowing- 6 Nichols Street
Dear Mr. Bornstein:
This Department has received complaints regarding your snow plowing contractor
pushing snow out into the street. This is a direct violation of City of Salem Ordinance
38-12.
More importantly, you received a Variance/Special Permit to convert part of your
building to apartments.
The conditions you agree to are binding. Failure to abide by the conditions can cause the
revocation of your Board of Appeal decision. Condition#11 refers to landscaping and
snow removal. The decision refers to your storage of snow on your property.
You are directed to snow moving snow access the public way onto any adjacent property
or sidewalk.
If you have any questions, please contact me directly.
Sincer ly,
Thomas St Pierre
Zoning Enforcement Officer
cc: Kate Sullivan, Mayors Office
Councillor O' Leary
Councillor Harvey
Councillor Sargent
Salem Police- O.I.C.
-C\- The Commonwealth of Massachusetts
Department of Public Safety
Board of Building Regulations and Standards
i Thomas G.
" One Ashburton Place,Room 1301
Gatzunis,P.E.
Milt RomneyCommissioner
Governor Boston,Massachusetts 02108-1618
Stanley Shuman
Kenry Healey Phone(617)727-7532 Chairman
Lieutenant Governor
Fax 617 227-1754 �ryMOLCa
Edvrard A.Flynn ( ) Vice Chairman
Secretary
Thomas L Rogers
Administrator
May 3,2004
Mr.Thomas St.Pierre
Building Department
120 Washington Street-3RD Floor
Salem,MA 01970
RE- Complaint Number 2004-OR
6 Nichols Street,Salem
Dear Mr.St.Pierre:
The Board of Building Regulations and Standards has received a complaint from Mr. Leo Jodoin regarding
property located at 6 Nichols Street in Salem,MA. A copy of Mr.Jodoin s complaint is attached to this correspondence.
It appears that much of the complaint may concern zoning matters solely under the jurisdiction of City of Salem
authorities. However, portions of the complaint alleges violations of the State Building Code, possibly presenting life
safety hazards to residents of the property.
We note that you have addressed the matter on a least two occasions. First with correspondence to Mr. Bruce
Bornstein of Kings Cove Realty Trust on June 5,2003 and then to Mr. Tom Phillbin,Chief of Staff for the City of Salem on
February 24,2004. Despite these efforts,Mr.Jodoin continues to be concerned.
Respectfully, we request that you respond to this notice within 30 days indicating whether or not the matter has
been resolved. If desired, this office will assign a State Building Inspector to provide any technical assistance that you
may require. Please refer to Complaint Number 2004 4001 in your response.
Please feel free to contact me Q (617) 727-7532, extension 25268 if there are questions or concerns with regard to
this correspondence or to request assistance from a State Building Inspector.
Very truly yours,
OARD OF B DING REGULATIONS AND STANDARDS
Robert Anderson
Deputy Administrator
Cc: File
Leo Jodoin,complainant
bbrs\robletters\general complaint 2004-001
April 8, 2004
Mr. Robert A. Anderson
Deputy Administrator
Board of Building Regulations and Standards
1 Ashburton Place
Boston, MA 02108
Re: Unsafe Building Complaint
Dear Mr. Anderson:
We the neighbors of Hanson and Nichols Street, Salem, MA need your help before
someone dies in a fire or other mishap within the factory building located at 6 Nichols
Street, Salem, and Ma.
For over two years now we have ask the Acting Building Inspector Thomas St. Peire,to
take the required enforcement action to close down the illegal residential dwelling unit
(constructed with no permits) on the third floor of this factory building but he refuses to
take the needed action to do so.
Buy his failure to enforce the State Building code he is subjecting the occupants of the
building, fire fighters and the public to unsafe and hazardous conditions. As you may
know there was just a fire two weeks ago,three blocks away from this building in which
a person died in the fire located in a converted garage.
We ask your help to step in and take the actions needed to protect the public and our
neighborhood. I have enclosed correspondence that I have sent and received concerning
this matter.
Please contact me upon receipt of this letter to inform me as to what action will be taken
to correct this issue. If you cannot help us than we may need to go to "Help Me Hank" for
results.
Sincerely„ e-1
Mr. Leo Jodoin D D
8 Hanson Street APR 1 6
Salem, MA 01970
978-745-7983
COMMISSIONER'S OFFICE
DEPARTMENT OF PUBLIC SAFETY
1
•SENDER:Complete items 1 and 2 whn;dditional services are desired,and complete items 3 and 4.
Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this
card from being returned to you.The return recei t fee will rovida c�2 the name of the person
delivered to and the date of deliver .For additional fees the ollowing services are available.Consult
postmaster for ees end check box esl For additional service(s)requested. -
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery.
3.Article Addressed to: 4.Article Number
Bruce Bornstein P 607 167 061
6 Nichols s t Type of Service:
Salem,MA . 0 1 9 7 0 URegistered ❑ Insured
f—Nertifled ❑ COD
LJ Express Mail
Alwe^a obtain signature of addressee or
agent and DATE DELIVERED.
5.Sig r —Addresse 8.Addressee's Address(ONLY if
X requested and fee pard)
6.Signature—Agent
X
7.Da a of Delivery
PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL 1�Ir
OFFICIAL BUSIN I i) M ' \1 � � •'a""""' _
SENDER INSdrass"IQNgg
Print SENDER INSTRUC 1P�bdle, 7
I.the space below. I\.f
•Complete items t,2,3,and 4on MATMOL
the reverse.
+Attach to front of article if space -•__,
permits,otherwise affix to back of
eftiCle. PENALTY FOn MAIVATE
+Endorse article"Return Receipt USE,s300
Requested"adjacent to number.
RETURN gJ6 Print Sender's name,address,and ZIP Code in the space below.
TODavid Harris /Building Dept .
One Salem green
Salem,MA 01970
1
February 9, 2004
Mayor Stanley J. Usovicz Jr.
Salem City Hall
120 Washington Street
Salem, MA 01970
Re: 6 Nichols Street Complaint
Dear Mayor Usovicz:
On November 26, 2002, I filed a written complaint with the Inspector of Buildings
concerning the illegal construction, use and occupancies located at 6 Nichols Street.
In my complaint I noted that a third floor dwelling unit was constructed and being
occupied illegally and the owner of the property did not obtain the required building
permits, special permits or variances. I also requested that the Inspector order an
immediate cease and desists of the dwelling unit occupancy but as of the date of this
letter no legal action or enforcement has occurred.
As a result the property owner is in violation of the following state and local codes and
ordinances:
—1) 780 CMR 110.1 –not obtaining the required permits
2) 780 CMR 103.1-not maintaining the structure in a safe, operable and sanitary
condition
3) 780 CMR 114.1- failure to pay the required permit fees
4) 780 CMR 115.0–failure to obtain the required inspections
5) 780 CMR 118.1- unlawful acts of altering, changing the use and occupying
the structure without the required permits
6) 780 CMR 120.0–failure to obtain the required certificate of occupancy
7) MGL 148–Failure to obtain the required fire permits and inspections
8) Salem Zoning Ordinance Section 9-1 and 9-2 enforcement and violations–
No building or structure shall be altered until a permit has been issued by the
Inspector of Buildings
Because your administration has failed to act and take the necessary enforcement action,
I am requesting that the appropriate state inspectional agencies take steps to protect the
public. Your failure to act is contributing to the g}lsafe and dangerous conditions to the
occgp4pts of the building in case of fire-in this structure and also the lives of our
firefightets':'
Please take immediate action to correct this issue and do not hesitate to keep me informed
as to what action you have taken to correct these violations.
Sincerely,
Mr. Leo Jodoin
8 Hanson Street
Salem, MA 01970
978-745-7983
Cc: State Fire Marshall
Department of Public Safety
Salem Board of Appeals
Salem News
Boston Globe
i
r E
CITY OF SALEM' MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET,3RD FLOOR y
4�FaSALEM, MA 01970
TEL. (978)745-9595 EXT. 380
FAX (978) 740.9846
STANLEY J. USOVICZ, JR.
MAYOR
June-5, 2003
Bruce Bornstein
Kings Cove Realty Trust
c/o New England Chrochem
6 Nichols Street
Salcm, A4a. 01970
RE: 6 Nichols Street
Dear .A1r. Bornstein:
I have considered your letter dated March 28, 2003 and your assertions that you have had
an apartment in your building since 1987.
This department has no evidence that a legal apartment Was ever established at 6 Nichols
Street.
Because of this, a claim not be made that you are continuing a non conforming use.
This apartment in your building does not meet State Building Code requirements nor has
a Certificate of Fitness been received from the Health Department as required by City
Ordinance.
You are directed to cease renting this apartment.
If you feel you aggrieved by this order, your appeal, as mentioned back in the January 2,
2003 letter, is to the Salem Zoning Board of Appeals.
If you feel you are aggrieved by a Building Code item, your appeal is to the Board of
Building Regulations and Standards in Boston.
Sincer
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Philibin
Councillor O'Leary
Fire Prevention
I
{
�4n � '°e� CITY OF SALEM, , MA55Acnuatl i
K PUBLIC PROPERTY DEPARTMENT
o
�' � 1,2.0 WASHINGTON STREET, 3RD FLOOR
��'+rrxec�'' SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740.9846
February 24, 2004
Tom Phillbin- Chief of Staff
City of Salem
93 Washington Sweet
Salem, Ma. 01970
RE: l.xntter Horn Leo Jodion
Regarding 6 Nichols St.
Dear Tom:
I lorv�arded you the most recent letters regarding the apartment in Mr. Bornstcins
building. The apartment had been there for some time. not newly constructed as alleged
by Mr. Jodoin
The building is fully sprinkled and has two means of egress for the apartment. Because
of these factors, the case was not pursued as aggressively as some other more serious
matters confronting this Department.
As you are also aware, bath the Courts and the Salem Zoning Board of Appeals add to
the delays. At no time was the case ignored Mr. Bornstein was to appear at the Zoning-
Board
oningBoard of Appeals last Wednesday. but.he ZBA asked Mr_ Bornstein to continue until next
month. fie is to appear on Wednesday, March 17"'. Hopefully a ZBA decision on that
date will enable us to move forward on the case.
I hope this is helpful and if you need any further information, please contact me.
Sincerely,
1 ho nas St. Pierre
Zoning Enforcement Officer
Rpr 24 00 12: 41p 978-744-6814 p. 1
April 24,2000
Councillor Leonard O'Leary
Salem City Hall
93 Washington St.
Salem, MA 01970
Dear Councillor O'Leary,
I am writing this letter regarding the parking of a trailer on my property located at 6 Nichols
Street in Salem. I am requesting that you respond to this letter in writing.
What I wish to know is why I have been selected out of all the residents in your ward to be
targeted regarding the parking of a trailer?In order for you to come to look at the trailer on my
property,you are required to pass dozens of trailers that are parked within 10 feet of the rear lot
line. Most of these trailers are also within 10 feet of the sideline as well.
in fact,one could not help but notice that there is a trailer across the street from the trailer at my
building. A trailer that is parked within 10 feet of the street and within 10 feet of the sideline.
Furthermore,your own neighbor has a trailer right up against the rear lot line of his property.
You have ignored the trailer of your neighbor that is parked against the rear lot line and plainly
visible from your house. You have ignored every other trailer in your ward. Please tell me why
you have come to my neighborhood,and singled out my trailer,while ignoring all others that
violate setbacks side and rear?
Sincerely,
Bruce A. Bornstein