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4 BLANEY STREET - ZBA (2) 14 BLANEy STREET 1 - <.60LDENEYE CORPORATION � - - l i C Legal Notice CITY OF SALEM BOARD OF APPEAL 745-9595 EXT.381- Will hold a public hearing for all persons interested in the petition sub- ` mitted by Goldeneye Corporation requesting a Special Permit/Vari- ance to allow marine related and water dependent uses for the proper- ty located at 4 Blaney Street I. Said hearing to be held Wednesday, ' August 18, 1999 at 6:30.P.M., One _ Salem Green,2nd Floor. q Nina Cohen Chairman ' � r � rr . cc: City Solicitor; Board of Ap�peal�s;=s' u - Nina Cohen, Chairperson.,_Board_of Appeals November 15, 1999 SERAFINI, SERAFINI, DARLING & CORRENTI,, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER November 15, 1999 978-741-4683 y _ v VIA HAND DELIVERY o City Clerk's Office City Hall 93 Washington Street �n 1 Salem, Massachusetts 01970 �?? Re: Goldeneye Corporation v. Cohen, et al Co Dear Sir or Madam: Enclosed for filing please find a Notice of Appeal of a Decision of the Salem Zoning Board of Appeal and a copy of a Complaint filed in the Superior Cgurt Department, Essex County Division, being Civil Action No. C.4l./- ` ?Jse , Correnti JCC:dd Enclosures Receipt Acknowledged: Date: November 15, 1999 t COMMONWEALTH OF MASSACHUSETTS Essex, ss. Department of the Superior Court Civil Action No. : GOLDENEYE CORP. , > 99 2165 Plaintiffs, ) V. NINA COHEN, as she is CHAIRPERSON, and ) G ~(,n'' RICHARD E. DIONNE, MICHAEL D. WARD, STEPHEN C. BUCZKO, RONALD HARRISON, STEPHEN ) l HARRIS, and PAUL VALASKATGIS, AS THEY ARE MEMBERS OF THE ZONING BOARD OF APPEAL ) OF THE CITY OF SALEM, ) Defendants 00 COMPLAINT 1. This is an appeal from a Decision by the Board of Appeal of the City of Salem, Massachusetts (hereinafter the "Board") wherein the Board exceeded its authority by denying the Special Permit/Variance Application (hereinafter the "Permits") applied for by Goldeneye Corporation (hereinafter the "Applicant") with reference to the property at 4 Blaney Street, Salem, Massachusetts (hereinafter the "Site") owned by the Applicant. The Decision exceeds the authority of the Board in that it is not factually based, but rather is based on legally untenable ground, is arbitrary and capricious in a manner contrary to the Salem Zoning ordinance (hereinafter the "Ordinance") and Massachusetts General Laws Chapter 40A. Parties 2 . The Plaintiff, Goldeneye Corporation, a corporation duly existing under the laws of the State of Maryland and having a principal place of business at 4 Blaney Street, Salem, Massachusetts 01970, is the owner of the property located at 4 Blaney Street, Salem, Massachusetts. 3 . The Defendant, Nina Cohen, is a Member of the Salem Zoning Board of Appeal and resides at 22 Chestnut Street, Salem, Massachusetts 01970. 1 1 1 4 . The Defendant, Richard E. Dionne is a Member of the Salem Zoning Board of Appeal and resides at 23 Gardner Street, Salem, Massachusetts 01970. 5. The Defendant, Michael D. Ward, is a Member of the Salem Zoning Board of Appeal and resides at 4 Hilton Street, Salem, Massachusetts 01970. 6. The Defendant, Stephen C. Buczko, is a Member of the Salem Zoning Board of Appeal and resides at 27 Surrey Road, Salem, Massachusetts 01970. 7 . The Defendant, Ronald Harrison, is a Member of the Salem Zoning Board of Appeal and resides at 450 Lafayette Street, Salem, Massachusetts 01970. 8 . The Defendant, Stephen R. Harris, is a Member of the Salem Zoning Board of Appeal and resides at 148 North Street, Salem, Massachusetts 01970. 9 . The Defendant, Paul Valaskatgis, is a Member of the Salem Zoning Board of Appeal and resides at 24 Gables Circle, Salem, Massachusetts 01970. Jurisdiction 10. This Court has jurisdiction to hear this matter pursuant to Massachusetts General Laws Chapter 40A, Section 17 . Facts 11. On July 28, 1999, the Applicant filed with the Board an Application for a Special Permit/Variance dated July 27, 1999. The Application also lists Goldeneye Corporation as owner of the Site. A true copy of the Application is attached hereto as Exhibit "A" . 12 . Public hearings were held by the Board over a period of three (3) months. On October 20, 1999, the Board voted to deny the requested relief. 13 . On October 27, 1999, the Board filed with the Salem City Clerk its Decision denying the requested Permits dated October 27 , 1999 , a certified copy of which is attached hereto as Exhibit "Bit . 2 14 . The Plaintiff is the owner of the Site and is a person aggrieved by the Decision of the Board. 15. The Decision of the Board exceeds its authority is arbitrary and capricious, and based on legally untenable grounds in that: a. The Board's vote to deny the Applicant's request to withdraw the Application and to then, sua sponte, deny the Application seeking the requested relief was improperly based upon the fact that a State M.G.L. c. 91 Waterways License had issued for the Site. b. The Board lacks authority to regulate uses or structures beyond the mean low water level pursuant to the terms of the Salem Zoning Ordinance, Section 3-3 (5) . C. The proposed uses and structures within the mean low water level of the Site are uses clearly incidental and ancillary to the fully licensed and permitted water dependent uses and such structures otherwise comply with the Ordinance. d. The Board improperly based its Decision on its interpretation that the issued . M.G.L. c. 91 Waterways License for the Site might allow for the use of gambling or gaming boats to be operated from the Site, and that there would be no further public hearings held in the c. 91 process. WHEREFORE, the Plaintiffs pray that: 1. The Decision of the Board be annulled. 2 . That they be awarded their costs. 13 . The Court grant such other reliefas is just and equitable. PLAINTIFFS, Goldeneye Corporation By 'ts Attorneys, Dated: November 15, 1999 goh eyh C. Cor enti #551666 n R. Serafini, Sr. #451840 Serafini, Serafini, Darling & Correnti, LLP 63 Federal Street Salem, Massachusetts 01970 (978) 744-0212 3 APPEAL CASE NO. . , . '6 Of *Iem, C4jff2jssttrjjuseffs pourb of c kppzzd TO THE BOARD OF APPEAL: The Undersigned represent that HAU isAmixthe owners of a certain parcel of land located at:, , 4, $l jiex ,�S£reet .. . . . ....Street; Zoning District. ....... ....... ...... ea8btsafdt�P�B �gz @ifd ; . .......... .... .. .... . ZXX14W11fffi;§h"QAkT4DMX Plans describing the work proposed have been submitted to the Inspector of Buildings is accordance with Section I$ A.1 of the Zoning Ordinance. DIR4CT. R.PEAL. LU f'1 G] ayY M© Q OND N �( to 13 .Y D 90 rn . The Application for Pe -0 rmit was denied by the Inspector of Buildings for the following DIRECT APPEAL. The Undersigned hereby petition$ the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, 89 the enforcement of said �oning?By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zo ing reasons: ning Ordinance and Building Code for the follow- SEE SCHEDULE A ATTACHED HERETO. Owner.Goldeneye.Cox�orat}off............. Addres$4.BlaRey,streeti,Ste,1c.9:l'n,. MA 01970 Teiephone..W?).%44 RQQ.. ........... ... Petitioner Goldeneye Corporation c•/a troseph•e:•Correnti:'Esquire Date. JAddress�€xa# n�..S�xai�i..Darliv a.&.Cv enti uly 27�. 1999,..�� •_ Telepho� Fed al Street S �;t,NII�•0197II (978) 4-02 By........ . �/f '••�! Three copies of the application must be filed with th S re with a check, for advertising in the amount of xth t ?� ry of the Board of Appeal meeting of the Board of-Appeal, P y •• four weeks prior to the Check payable to the em News. A TRUE COPY ATTEST 2 ��k EXHIBIT SALEM, MASS. 3 = %u:.:. SCHEDULE A The Petitioner, Goldeneye Corp. , owner of the property known as 4 Blaney Street, and commonly referred to as the Salem Ferry Landing, seeks the appropriate zoning relief to allow the continuation and future use of the property for marine related and water-dependent uses, including the construction and installation of a pier, walkway, barge, gangways, terminal building and parking area for 200 +/- cars, as shown on the plans submitted herewith. The property is located in the Industrial ("I") Zone. The Salem Zoning Ordinance does not contemplate marine related uses other than a "marina", which is a Special Permit use in certain districts. All other types of commercial water-related uses are overlooked. Therefore, since the Ordinance is silent as to the existing and proposed use, which is now operating into its second year at the property, the Petitioner respectfully requests a Special Permit/Variance to allow marine related and water- dependent uses at the property. _ SALEM SCUNC PROJECTO SITE SALEM MARINE CO RLL PLACED UNDER. – '–'. NE , UC. NOS 174 h 174A -_ - � FEMA BUFFER ZONE ZONE Aa r — - - (100 Fn EL.+15.5 \ ER f FILL PLACED UNDO _Iyu}y YAPoNE9ASMJ _ –�� UC. N0. 3815 / SCALE: 1" = 800' i t FIiMX: O E A4 �`: I utw m i ` . GEMA ZOnE V3 �Q `�_ f1l.L PLACED UNDER UC. NOS 3849 3 3815.�—� '4 P7- Ll 7-LERiL PLACED UNDER li I PROPOSED PAWN - '" C UC:N5S�3849�3813 —LOT AREA __ "— t BUFFER ZONE`,� z0 COASTAL-.BANK. FT)__ COASTAL-BANK FTUL PLACED UNDER / \ FEMA - - ' UC. NO. 3849 '. I at. Us GENERATING I ZONE R PROPOSED FERRY (� TERMINAL allILDING 'PROPOSED/-LOW PROFILE _ .� TING DOCKNC A4 ti — etw _10NC A4 �i 194 �y �– �EM�LenE–r.�-_ — .•{ _– PROPOSED HANDICAP ACCESSIBLE FERRY LANDING TERMINAL 134' LANG UNDER THE OCEAN EXISTING DOLPHINS \ ANO CATWALK FEMA EXISTING LOCAL CHANNEL - ZONE V3 (SEE NOTE 1) EL.+ SALEM HARBOR 1 7.5 _ - - ------------- NOTE: 0 200 400 1. LOCAL CHANNEL LIMITS FROM NUCCI VINE ASSOCIATES FIGURE 2 "EXISTING SITE PLAN" DATED APRIL 1998. SCALE: 1 " = 200' TITLE: APPLICATION BY: REVISED 02/08/99 VICINITY MAP GOLDENEYE CORP., SALEM, MA 100 YR FLOOD 17.2 IN: SALEM HTL t Bourne Consulting Engineering AT: SALEM HARBOR MHW 9.0.0 184 West Centra[ Street, Franklin, IAA 02038 COUNTY: ESSEX STATE: MA N/F U.S. GENERATING (FORMERLY XISTIMG PAVEMENT NEW ENGLAND POWER COMPANY) TANK 0'x60' FERRY PARKING LOT AREA TERMINAL BUILDING (202 SPACES) BUS DROP-OFF AREA POLE LIGHTING UTILITY TRENCH (TYP) Existing Chain LTk GRANITE CURB - I f (46)1 lsol IIII �II,II (4) sl I 5,i IMHW .. .. MLW , ,, , ,,,, , , , , , PROPOSED �� , WALKWAY EXISTING RIPRAP G ' 11) (121 (' .r. 8' WIDE LIMITS ( i SEAWALL SHORELINE { loi I REPAIR AREA -1101 1161 - EXIISTING GRANITE BLACK WALL e EXISTING TIMBER / STEEL BULKHEAD EXISTING II Ii SHEETPIL WALL GATE Hawthorne FENCE Cove Marina II II0 IIII I IIII I 80I�I I 160is i i I SCALE: 1 " = 80' 100 YR FLOOD 17.2 TITLE: - IN: SALEM HTL 10.0 MLW 0.0 PARKING LOT LAYOUT PLAN AT: SALEM HARBOR MW 9.0 COUNTY: ESSEX STATE: MA Bourne Consulting Engineering APPLICATION BY: SHEET 3 of 4 184 west Central Street, Franklin, MA 02038 REVISED 02/08/99 GOLDENEYE CORP., SALEM, MA __._.. DATE: OCTORFR 1998 of ttlem ttsstttl use '"L"" a ra o , j c�-Fict Pattrb of A"eal 1999 OCT 21 P 2: � DECISION ON THE PETITION OF GOLDENEYE CORP. REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 4 BLANEY STREET I A hearing on this petition was held on September 15, 1999 and continued to October 20, 1999 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, 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/Variance to allow Marine related and water dependent uses for the property located at 4 Blaney Street. 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 used, 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 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 the lands, buildings or 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. 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. EXHIBIT IfBIT DECISION ON THE PETITION OF GOLDENEYE CORP REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT4 BLANEY STREET I pagetwo 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, represented by Joseph C. Correnti Esq. of Serafini, Serafini, Darling & and Correnti LLP, sought a special permit/variance for marine related and water dependant uses for the property located at 4 Blaney Street. The petition, which was originally heard at the Board August 18, 1999, was continued at the petitioners request, to allow a site visit to take place on September 1,1999. 2. Petitioner in its initial presentation to the Board listed some of the intended uses for which the zoning variance was sought. The uses listed were: "construction and installation of a pier, walkway, barge, gangways, terminal building and parking area of 200+/-cars. "Petitioner also submitted two drawings in support of the proposed plan, labeled "Vicinity Map"and " Parking Lot Layout Plan", by Bourne Consulting Engineering of Franklin, Ma." 3. In its oral presentation, petitioner indicated that detailed information regarding the prospective use and its impact on the traffic in the surrounding residential neighborhood would be presented to the neighbors at public hearings that would take place as part of a "c.91 license application process". Goldeneye stated that Massachusetts coastal regulations required them to obtain a license under c.91 for the proposed uses of the waterfront property, and that the licensing process mandated by the state regulation guaranteed that local concerns would be heard, and questions answered. For this reason, petitioner asked to defer all questions regarding the intensity of the pier-bome uses, such as the number and type of boats to be run from the proposed pier until a more complete presentation could be make. 4. Subsequent to the initial hearing and site visit, petitioner changed its mind about the zoning application, and took the position that no zoning relief would be necessary since the proposed uses fall outside the jurisdiction of the City of Salem and its zoning ordinance. Goldeneye's position seemed to be that landside uses were accessory to the offshore uses. 5. Upon information and belief, petitioner's license application under c.91 was granted on or about September 28, 1999, with no further public hearings or presentations on the issues of traffic impact or intensity of use. 6. Petitioner's request to withdraw the initial petition was denied by unanimous vote of the Zoning Board on October 20, 1999, and the initial petition, requesting a variance/special permit for"marine dependent and water related uses/" remained before this Board for approval. DECISION OF THE PETITION OF GOLDENEYE CORP REQUESTING A VARIANCE/ SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4 BLANEY STREET I page three 7. The Board heard comments of neighbors regarding the burden that heavy bus and car traffic would impose on the residential owners on and around Derby Street, and several requests for additional information regarding the number and type of boats and boat trips. Neighbors also requested additional information about public access to the site, lighting, other activities or uses on the site in addition to the loading of boats, and whether boat trips would include gambling or gaming boats. 8. The petitioners did not undertake to answer the concerns of the neighborhood at this hearing. On the basis of the above findings of fact, and on the evidence presented, the Board Of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. 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. 4. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously 0 in favor and 5 in opposition to the motion to grant the relief requested. Having failed to gamer the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit and Varianceisdenied. Variance & Special Permit Denied October 20, 1999 J���� �a�Csc►�J Nina Cohen, Chairman Board of Appeal DECISION OF THE PETITION OF GOLDENEYE CORP REQUESTING A VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4 BLANEY STREET [ page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, is 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 20 days have elapsed and no appeal has been filed, or that, if such appeal have 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. A TAUS COPY ATTEST SALEM, MASS. NOTICE OF APPEAL OF A DECISION OF THE BOARD OF APPEAL FOR THE CITY OF SALEM BY WAY OF A COMPLAINT FILED IN THE SUPERIOR COURT The Plaintiffs named in the attached Complaint hereby give notice of their Appeal of the Decision of the Zoning Board of Appeal of the City of Salem entitled "Decision on the Petition of Goldeneye Corp. Requesting a Special Permit/Variance for the Property Located at 4 Blaney Street" , dated October 20, 1999, and filed with the Salem City Clerk on October 27 , 1999 . 1 Dated: November 15, 1998 � lr��<12 se C. Correnti 0 551666 John R'. Serafini, Sr. BBO #451840 Serafini, Serafini, Darling & Correnti, LLP 63 Federal Street Salem, Massachusetts 01970 (978) 744-0212 f z - (P C w 00 ' LEM. MA ( ltu of �ttlem, ttssttc�jua� 's ci FILE i a �Ranrb of �u Val 1,49 Ori 2l P 2: 55 DECISION ON THE PETITION OF GOLDENEYE CORP. REQUESTING'A SPECIAL PERMIT/VARIANCE FOR THE PROPERTY LOCATED AT 4 BLANEY STREET I A hearing on this petition was held on September 15, 1999 and continued to October 20, 1999 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, 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/Variance to allow Marine related and water dependent uses for the property located at 4 Blaney Street. 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 used, 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 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 the lands, buildings or 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. 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. .j DECISION ON THE PETITION OF GOLDENEYE CORP REQUESTING A SPECIAL PERMIT/VARIANCE FOR THE PROPERTY LOCATED AT4 BLANEY STREET I page two 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, represented by Joseph C. Correnti Esq. of Serafini, Serafini, Darling & and Correnti LLP, sought a special permit/variance for marine related and water dependant uses for the property located at 4 Blaney Street. The petition, which was originally heard at the Board August 18, 1999, was continued at the petitioners request, to allow a site visit to take place on September 1,1999. 2. Petitioner in its initial presentation to the Board listed some of the intended uses for which the zoning variance was sought. The uses listed were: "construction and installation of a pier, walkway, barge, gangways, terminal building and parking area of 200 +/- cars. "Petitioner also submitted two drawings in support of the proposed plan, labeled "Vicinity Map" and " Parking Lot Layout Plan", by Bourne Consulting Engineering of Franklin, Ma." 3. In its oral presentation, petitioner indicated that detailed information regarding the prospective use and its impact on the traffic in the surrounding residential neighborhood would be presented to the neighbors at public hearings that would take place as part of a "c.91 license application process". Goldeneye stated that Massachusetts coastal regulations required them to obtain a license under c.91 for the proposed uses of the waterfront property, and that the licensing process mandated by the state regulation guaranteed that local concerns would be heard, and questions answered. For this reason, petitioner asked to defer all questions regarding the intensity of the pier-borne uses, such as the number and type of boats to be run from the proposed pier until a more complete presentation could be make. 4. Subsequent to the initial hearing and site visit, petitioner changed its mind about the zoning application, and took the position that no zoning relief would be necessary since the proposed uses fall outside the jurisdiction of the City of Salem and its zoning ordinance. Goldeneye's position seemed to be that landside uses were accessory to the offshore uses. 5. Upon information and belief, petitioner's license application under c.91 was granted on or about September 28, 1999, with no further public hearings or presentations on the issues of traffic impact or intensity of use. 6. Petitioner's request to withdraw the initial petition was denied by unanimous vote of the Zoning Board on October 20, 1999, and the initial petition, requesting a variance/special permit for"marine dependent and water related uses/" remained before this Board for approval. DECISION OF THE PETITION OF GOLDENEYE CORP REQUESTING A VARIANCE/ SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4 BLANEY STREET I page three 7. The Board heard comments of neighbors regarding the burden that heavy bus and car traffic would impose on the residential owners on and around Derby Street, and several requests for additional information regarding the number and type of boats and boat trips. Neighbors also requested additional information about public access to the site, lighting, other activities or uses on the site in addition to the loading of boats, and whether boat trips would include gambling or gaming boats. 8. The petitioners did not undertake to answer the concerns of the neighborhood at this hearing. On the basis of the above findings of fact, and on the evidence presented, the Board Of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. 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. 4. 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 and Variance is denied. Variance & Special Permit Denied October 20, 1999 \ Nina Cohen, Chairman Board of Appeal 4, DECISION OF THE PETITION OF GOLDENEYE CORP REQUESTING A VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4 BLANEY STREET ] page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, is 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 gr4pted herein shall not take effect until a copy of the decision, bearing the certificate n b of the City Clerk that 20 days have elapsed and no appeal Fias been fired, or that, if such appeal have 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. SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET IM OCT 18 P 12� OS SALEM, MASSACHUSETTS 01970 KM V � ° e JOHN R. SERAFINI. SR. �"1 "ITY OF SAA' �'t FA4 TELEPHONE JOHN R. 5ERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER October 18, 1999 978-741-4663 VIA HAND DELIVERY Nina Cohen, Chairperson Zoning Board of Appeal One Salem Green, 2n" Floor Salem, Massachusetts 01970 Re: Petition of Goldeneye Corporation 4 Blaney Street Dear Ms. Cohen: On behalf of the Petitioner, Goldeneye Corporation, I hereby request that the Petitioner be allowed to withdraw this Petition. As reasons, therefore, the Petitioner will continue to pursue the applicable permits necessary to run the proposed ferry terminal at both the State and Federal levels. . )se truly yours, ph C. Correnti JCC:dd . s CITY OF SALEM, MASSACHUSETTS STANLEY J. USOVICZ, JR. MAYOR August 12, 1999 Salem Board of Appeals One Salem Green Salem, Massachusetts RE: Goldeneye Application&Blaney Street Parcel Dear Board Members: I am writing in support of the application before the Board to grant relief to Goldeneye at its Blaney Street parcel for marine related and water-dependent uses at the property. Ironically, the City of Salem, with its great marine history, does not address such marine related uses (i.e. ferry terminals) in our Zoning Ordinance — except for marina allowed by special permit in certain districts. Certainly, in light of the Salem Harbor Plan, this very parcel is expected to be the site of the new Salem Wharf (North Commercial Waterfront— see attached diagram). As you may know, we recently reached an agreement with Goldeneye on an option to purchase the rights necessary to build the new wharf. We are pushing forward on that project seeking release of the state bond money with the help of Representative Mike Ruane. Moreover, at this time, Assistant City Solicitor John Keenan, Denise Sullivan of the Planning Department and Farah Courtney, consultant on the Harbor Plan, are in the initial stages of drafting a Waterfront Overlay District to include the anticipated water dependent uses at the wharf and surrounding areas. At this time, I fully support granting the relief necessary to allow the marine related activity to proceed at this site. I also believe this is consistent with the uses intended in the Designated Port Area. SALEM CITY HALL-93 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970-3592•978/745-9595•FAX 978/744-9327 Salem Board of Appeals August 12, 1999 Page 2 Lastly, I must emphasize that I do not support gaming/gambling uses (cruises to nowhere) from this parcel. Indeed, I am following legislation both on the state and federal levels regarding this very issue. Sincerely, Stanley J. Usovicz, Jr. Mayor SJU/jp Attachment Figure 2: WATERSIDE USES WATERSIDE USES Are e I Area 4 1)Palmer Cove Yacht Club 11)NoMeast Oil Terminal, 2)P Wharf Marine US Generating Company and Tarekfo COLLINS COVE ))Yachtacht Club Farm (12)South Er Sewage District City Owned Boat Lending f wa, a p 5)Grapevine Restaurant Bouslips Treatment Plant �-�eV pp6'iP Il)Northeastern Massachusetts 1�- YV V [, Yw4V w0UJa Area3 A9ueculwreCrnter et Cat Cove �0 js�U _ U�VoVV Q u UJ 6)Salem Marihme NHS Areas OU uq �- 7)CentmlWharf Id)Winter Island ParkLl � uo QV--IL__, JJ pU t>• J - 8)Derby Wharf IS)Public Boat Rarip p Vv pOJ Kusa aUu / U� �0O �� u , 7 [ � �� III -= a 9)House ofSeven Gables le)"Waikik"Bathing Beach w��r4k7�+'1T� (-f.Yr1 ( /<1 J�Vw.9; \ p` o �' - Areal O Morning Field YUW'SP11 Vj u u G: u Ueca uu 0 \,ap U 10)Hawahome Cave Merino L7 g U-__Lf1�aBa `\ \(ar— d�3uuy u4 - l 3112 � LJJu B lW SMITH POOL 9 3 / 4 ` CAT COVE i a� Ia r s �� � A�� i, 11 _ ° WINTER ISLAND at ,. � � II SALEM HARBORl ((�� PALMERCOVE 1. 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NOS. 174 & 174A < BUFFER ZONE cn 100 FT <Z_: P Ln FILL PLACED UNDER i sri SAL IVt' � �i, Nt, BASIN __ -- �, LIC. NO. 3615 SCALE . 1 = 800 f MLW ' Cli �- --- —,� 1 ( ( LIC. - NOS.FILL PLACED 3849 & ,365 C711 w FILL PLACED UNDER PR PARKi1N ���, + '� ` ','; '' ; 1 . NOS.- 389& 361 -�-� LOT Af�EA `BU �ffR ZONE (10bI FT-) -_--J � 1 � �/ / \ 'tom .•• �- � �� 1 �'' ; � FILL PLACED UNDER LIC. NO. 3849 n.f. N.E. POWER CO. ° ! E ' FERRY w�i 4 r__:�D ;— T INAL 0,ILDING = ROPQVK% f0FILE - �� �' _ Mow New England -� ,DOCK - ,� power Company \ ` Jr \ !X - \ \ti-•--- '.ate—\ � � � \ � \ ���-r"�_��.-�--,•b__--� r Sheetpm 67U2-ad_� 194 — ,','/ PROPOSED HANDICAP = ' ACCESSIBLE FERRY i LANDING TERMINAL hi'l � 134 -- _ 35— Ilk 14 1� ,t II � \\,A ��\ � � EXISTING DOLPHINS r + LAND UNDER THE OCEAN �, _ AND CATWALK \\\ I �r ,� i j / \_• E�IISTING LOCAL CH-ANNEL , SALEM HAR"BOR 1 �\ox r ` If q 0 200 400 SCALE : 1 " = 200 ' TITLE : APPLICATION BY: VCHTY MAP GOLDENEYE CORP . , SALEM , MA 100 YR FLOOD 17 . 2 IN : SALEM HTL 10 . 0 ,- Bourne Consulting Engineering AT: SALEM HARBOR MHW 9 . 0 - - VXVI 184 West Central Street, Franklin, MA 02038 COUNTY: ESSEX STATE : MA MLW 0 . 0 SHEET 1 OF 4 DATE : OCT . 98 = BG p Bn Lhf ♦ nt t .. �.�. � s :f �tt�d ...t p,Tpa•� b,41:� a e'� *,� F .. � � Y r.rY„IY.Ai:i A ,..-`Y":lA 3' A 'x '' .A HY�eY_ia ;��:!°is ,al .. � fi'"�4'" YX �.• -K*`� p .4.'...