6,12 NICHOLS HANSEN STREETS - ZBA �^ W _ 'T
(' 6 Nichols/12 Hansen Sts.
R-2
Brentwood Structures, Inc.
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RAT 17 II 36 IN '81
DECISION ON THE PETITION OF BRENV OOD STR CIURFS, IN]- FOR FILE#
VARIANCES AND /OR SPECIAL PERMIT AT 6 NICHOLS STREET AND 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. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;,
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to the petitioner; and
c. desireable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purposes of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of 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;
DDCZTim ON THE PETITION OF BRENTWOOD STRUCTURES, INC. FOR VARIANCES AND /OR
SPECIAL PERMIT AT 6 NICHOLS STREET AND 12 HANSEN STREET (R-2)
PAGE 2
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to the petitioner;
3. The relief requested 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-corning structure
to accomrodate twenty-two (22) units as Per the plans submitted, subject to the
following conditions:
1. That allconstruction 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 from the Building Inspector, City, of Salem. Y
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 J
James M. Fleming, Esquire
p�,7�7 �7��� �,,7T� MMember, Board of Appeal
��ii77��CC QRSOI;NT"fII3ET;FIONTTDFT9 1 A� BOARD AND THE CITY CLERK.
APPEAL FBphCOP�YD®FI�IISAILI��nrrtUc'P
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 LAV S, CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT. -
FiCATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
CR .HAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS.'A SSED OR DENIED IS -
RECORDED IN THE SD'J1H ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OYMER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
l —. . onnon nc nmrni
M'Cox Nty Tity of �$Aeltt, oassar4usCtt5
Office of the CHU Touncil
A �y 0tv pall
eQfp„� yo�� WARD COUNCILLORS
LEONARD F.O'LEARY -
1987
COUNCILLORS-AT-LARGE PRESIDENT
GEORGE A.NOWAK
198]
JOSEPHINE R.FU SCO KEVIN R.HARVEY
ROBERT E.GAUTHIER
CITY CLERK VINCENT J.FURFARO
FRANCES J.GRACE
LEONARD F.O'LEARV
NEIL J.HARRINGTON
JEAN-GUY J.MARTIN EAU
RICHARD E.SWINIUCH April 13, 1987 GEORGE P.MCCABE
JOHN R.NUTTING
Board of Appeals
City Hall
One Salem Green
Salem, MA 01970
Re: 6-.Nichols and 12 Hanson Streets - Variance to
Construct 22 Residential Units
Gentlemen:
As Councillor of Ward 4, I am very much in favor of the above
application. You will remember that I was in favor of the previous
application for 22 units and was disappointed when that particular
petition could not go forward.
I think this application is superior to the other because it
will actually eliminate the two buildings that are currently being used
for business purposes. Parking is adequate. I have reviewed the plans.
and am satisfied that this will be a benefit to the neighborhood. So
long as the neighbors' concerns are addressed, I think it will be a
great benefit to the area.
Sincerely,
OLeonard F. O'Leary
SERAFINI AND SERAFINI
ATTORNEYS AT LAW
63 FEDERAL STREET
r
SALEM, MASSACHUSETTS 01970
JOHN R.5ERAFINI, SR. TELEPHONE
JOHN R. SERAFINI, JR. 744-0212
JOHN E.DARLING 561-2743
DANIEL H. REICH AREA CODE 617
ALAN H. DAVIS
March 24, 1987
Re: Property at 6 Nichols Street and 12 Hansen Street
To the Residents:
Some time ago, a proposal was approved by the Board of Appeals and the
Planning Board that resulted in the creation of 22 residential units on the above
site in place of the existing factory use. All the neighbors seemed in favor and
were plea3ed that the problems created by the factory use would be eliminated.
The plan at that time was to retain the machine shop building and tear down the
other factory. Further investigation made the cost of the proposal too prohibitive
for the developer at that time so he could not go forward. Fortunately, however,
through the efforts of the real estate broker, a new developer has cane forward
with a new proposal involving the same number of residential units. This new
plan, however, would eliminate both buildings and a new building would be put up
with 22 residential units. All parking again would be on site. The new plans
have been filed with the Board of Appeal but, if you wish to look them over, they
will be available at my office at 63 Federal Street from 9:00 a.m, to 5:00 p.m.
during the week. I think this plan with the new structure is more compatible
with the existing neighborhood. I think the plans are exciting and the elimination
of both unsightly buildings will be a benefit to the area. I trust we will receive
your continued support.
Sincerely,
Brentwood Structures, Inc.
By.
John R. Sera ini , Sr.
i
SERAFINI AND SERAFINI
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R.SERAFINI, SR. - TELEPHONE
JOHN R. SERAFINI, JR. " ' 744-0212
JOHN E.DARLING 581-2743
DANIEL H. REICH AREA CODE 617
ALAN H. DAVIS
JAM ES A.SW EEN EY February 20, 1987
Board of Appeal
One Salem Green
Salem, MA 01970
Gentlemen:
A short time ago this Board granted a variance to my then client,
Mr. Joseph Milo, to construct 22 units of housing on the 6 Nichols Street
and 12 Hansen Street sites. Everyone, including all the neighborhood, were
quite happy that the industrial use would be terminated. Mr. Milo's plans
called for tearing down one structure and working within the other structure.
Unfortunately, further analysis of the structural strength of the building
disclosed that it could not be feasibly converted. Mr. Milo reluctantly
withdrew from his agreement to purchase.
After much effort, clients were able to secure a new builder,
experienced in the field,who has proposed the same number of units but
would work with entirely new construction. Since your original approvals
were based on plans as submitted and since the plans have changed,even
though the number of residential units is the same,after consultation with
the Building Inspector we have reapplied for the same approvals.
I trust that the same consideration that enabled you to vote
favorably for the previous application will enable you to act favorably
on this application.
Sincerely,
j
John R. S a ini, Sr.
Attorney for/Brentwood Structures, Inc.
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