4 BLANEY STREET - ZBA 4 BI.ANEY STREET
HAWTHORNE COVE MARINA, INC
1
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Legal N66ce
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public bearing for all
persons interested in the petition sub-
mitted by Hawthorne Cove Marina,.
Inc. requesting the Board to rescind
the decision by the City of Salem
Zoning Enforcement Officer to issue
a certificate to the Massachusetts
Department of Environmental Pro-
tection in connection with an applica-
tion for a Waterways License for
structures located at 4 Blaney Street:.,
(1)owned by Goldeneye Corp.for the
Property located at 4 Blaney Street I.
Said hearing to be held Wednesday,
November 17,1999 at 6:30 p.m.,One
Salem Green,2nd Floor.
Nina Cohen
Chairperson
(11/3,10)
CtU of j�ttleni, ttsstttljusptt t
ae PDttrb of �Fpral
I' t"'11 30 AID 25
DECISION ON THE PETITION OF HAWTHORNE COVE MARINA INC, et al,
REQUESTING AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 4
BLANEY STREET I
A hearing on this petition was held on November 17,1999 with the following Board
Members present: Nina Cohen, Chariman, Richard Dionne, Stephen Harris, Stephen
Buczko and Ronald Harrison. Notice of the hearing was sent to abutters and others and
notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner are requesting an Administrative Ruling that the Board rescind the decision of
the Salem Zoning Officer to issue a certificate of Zoning Compliance in connection with
an application of a Waterways License for the structures located at 4 Blaney Street I.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioners, represented by Attorney George W. Atkins III, Esq. are abutters and
neighbors of the property at 4 Blaney Street in an Industrial Zone that is owned by
Goldeneye Corp.
2. Petitioners sought relief under Section 9-3 (d) of the Salem Zoning Ordinance,
requesting that the Board rescind the decision of Peter Strout, the Building Inspector,
to issue a Certificate of Zoning Compliance, stating that the Goldeneye application
and plans are not in violation of local zoning ordinances. Petitioners further seek to
prohibit issuance of a Building Permit or Certificate of Occupancy for any building or
use at the Blaney Street property (the "site") as described in the Goldeneye
application and plans.
3. Goldeneye is represented by Joseph C. Correnti, Esq. in connection with its
application to this Board and also its application to the Massachusetts Department of
Environmental Protection ("DEP") for a Waterways License for the site.
4. Goldeneye initially applied on August 18, 1999 for a Special Permit/Variance for
marine related and water dependent uses for the site. At its initial presentation and
at the subsequent site visit and subsequent meetings with the Board, Goldeneye
described in general terms some of the intended uses for the site. These included a
marina and pier, walkway, barge, gangways and terminal building, with parking for
DECISION OF THE PETITION OF HAWTHORNE COVE MARINA REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 4 BLANEY STREET
page two
200 + cars. Goldeneye also submitted a "Vicinity Map" and plan entitled " Parking Lot
Layout Plan" prepared by Bourne Engineering of Franklin, Ma.
5. Goldeneye's proposed plan was deemed not to be in compliance with existing
zoning regulations affecting the industrial district. The Board asked for further
information regarding the types of businesses that might operate on the site, but
were not provide any further information by Goldeneye.
6. On October 20, 1999, Goldeneye requested leave to withdraw the petition on the
grounds that the Board lacked authority to regulate uses of structures beyond the
mean low water level.
7. Goldeneye's request to withdraw the petition was denied, and the Zoning Board
voted 5-0.to deny the requested relief.
Therefore, based on the fact and on evidence presented, Nina Cohen made a motion
and was seconded that the Zoning Board of Appeal voted unanimously, 5-0 to grant the
petitioners request for an Administrative Ruling,
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 certificate 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.
Goldeneye Corporation
4 Blaney Street BUILDING:DEPT.
Salem, Massachusetts 01970 USA
1999 NOV I P 3-i3
Nina Cohen
Chairperson ''-
Salem Zoning Board of Appeals
One Salem Green
Salem, MA. 01970 November 17, 1999
RE: Appeal of Zoning Enforcement Officer decision for 4 Blaney St. by
Hawthorne Cove Marina et al, dated October 21, 1999
Dear Nina Cohen:
We have received a copy of the above mentioned appeal scheduled to be heard by
the Zoning Board of Appeals today at your regularly scheduled meeting.
We believe that a decision on this matter would potentially involve substantial
hardship to our business.
As such, we request that adequate time be provided by your board for us to conduct an
analysis of the zoning issues and prepare an adequate presentation for the Board.
Given that the holiday season is upon us, we request a 60 day continuance of the
matter and would look forward to addressing it at your next January meeting.
We understand that this is completely subject to your discretion and we therefore
request your consideration.
Respectfully submitted,
X&L 4-4—
Robert E. Blair Jr.
Goldeneye Corporation
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General Nter"ysilpplicaaon
Municipal Zoning Certificate
Plose type or Goldeneye Corporation
pint Ceany alt .u,.ee&4"wr
infartnsucn
arovided on a Blaney Street
.his ram.
hgin a.nzatrf
Salem, M.4 01910
Salem Harbor
axmrcnay�snrau#xeurcxr,use •.
Installation o` a 100' x 60' pier with 155' x 15' walkway, 100' x 40' barge
wish double gangway and ramping system, timber dolphin, 1680 sf of floating
docks , 3 gangways , 50' x 40' terninal building and 203 parking soaves Tor
commercial boat Services. '
7o oe comp/=red by municipal Berk or apprig0nata municipal olricial:
'1 hereby certify that the projec:described 000ve anc more Cully detailed in the applicant's ortemmp license aclicatlen
are Olins is no(in,doladon or local:ening erdinanca and bylaws'
Peter Strout
Building Coatnissiooer/Zoning officer
City of Salem
9/21199
lug
Massachusetts Pepartment of£nviralimental Protection 136317
,. Bureau of Resource Protection- Hater lays ProoMM rnnsmirar i
BRP WW 01 Waterways License or Permit
BRP WW 03 Amendment to Waterways License or Permit
General waterways Application
Municipal Zoning Cal tificate
Please type ar Goldeneye Corporation -
print Ceany all .Vf ro'v4vAGvT
infornmuon
arovaeaon a Blaney Street
nis roma.
Arirrawanrrrf
Salem, M.4 01970
Salem Harbor
AzmP'�dVaR'lNuxxomre,yse
Installation of a i00' x 60' pier with 155' x 15' walkway, 100' x 40' barge
wish double gangway and ramping system, timber dolphin, 1680 sf of floating
docks , 3 gangways , 50' x 40'
terminal building and 203 parkinc soaces for
commercial boat services.
ro oe complered qv municipal deer or approor fate municipal olric4l.-
't hereby certify that the projec:described aoove anc-more fully d4miled in the appliccnt's watvNzys license acric:lien
are plans is not in doladon of local en?ng nrdinanees and bylaws.'
Peter Strout
'Irv,xW
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SF, Zmyry a7m
Building Cotmissiouer/Zoning officer
City of Salem
9/21/99
Iva
Massachusetts Department of invironmenta/Protection 136317
Bureau ofResouice Protection- Mater vat's Prooram Tiansm:rLal f
BRP WW 01 Waterways License or Permit
BRP WW 03 Amendment to Waterways License or Permit
Geral WaterwaysApplinvon
M11r7idPa/Zoning Certificate
Ptuse type or Goldeneye Corporation
Print Cearly all -uMN4a0'eae
hfenruliCn
amviled on 4 Blaney Street
his rani.
arNzavr
Salem, M.4 01570
Cta/hwrr _
Salem Harbor
:4xmywd�rvtnxovtexo�nrc a,rcae - .
Installation o` a 1C0' x 60' pier with 155' x 15' walkway, 100' x 40' barge
wi.h double gangway and ramping system, timber dolphin, 1680 sf of :ioating
docks , 3 gangways , 50' x 40' terminal building and 203 parkine spaces for
commercial boat servicas.
To ee come.'ated v municipal der.'r or apprcoriate municipal oflicia7.-
I hereby cerlily that ne project described acove anc more lolly dewded in the appl,cynrs walenNays license acricnon
erd plans is not in,doladon cr local;cn?ng ordinances and bylaws'
Peter Strout
by✓xwt'1+NaCyyal--
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Building Commiasioeer/Zoning Officer
Ilk
City of Salem
9/21/99
j vWassachasetfs Department of£nVirOrLnentai Protection 136317
SUMU of Resource Protection— V/arer ,70 PrOOrarn riansm 1 r
BRP WW 01 Waterways License or Permit
BRP WW 03 Amendment to Waterways License or Permit
General waterxraysApplicarion
Municipal Zonmg Certificate
?t8
Goldeneye Corporation
print Curly all .v�,ro arpuicz+
itretmitty
u izeoon a Blaney Strut
ars roan.
Salem, M.4 01.970
Salem Harbor
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- =''�aan av�uvux�'c�,rrc,uu
Installation of a 1C0' x 60' pier with 155' x 15' walkway, 100' x ,0' barge
wi:h double gangway and ramping system, timber dolphin, 1680 sf of floating
docks , 3 gangways , 50' x 40' terninal building and 203 parking soaces for
commercial boat services.
To ee cometered�v municipal der.'r or appre:,riate municipal elrciak
I hereby certify that the project described aoove arc more Iulty Mailed in the applicant's•NcterNoys license acriatien
are plats is not in riolation or local;cnirg oroinancea and bylaws.'
Peter Strout
Building Commissioner/Zoning officer
City of Salem
9/21/99
RONAN, SEGAL AT HARRINGTOAW E SAOF�CEA
AVORNEYSFIFTY-NINE FEDERAL STREET
JAMB T.RONAN(1922-1987) SALEM.MASSACHUSEM 019763470
JACOBS.SEGAL1999 OCT 21 P I'- 55
R'/
MAPKMONM HAR INGTON CM 7440=
GEORGE W.ATKUL W FAX(978)7467491
FILE NO.
OF COUNSEL
HEATHER S.RAMSEY
October 21, 1999
City of Salem City of Salem
Zoning Board of Appeals Peter Strout
One Salem Green One Salem Green
Salem, MA 01970 Salem, MA 01970
Re: 4 Blaney Street, Salem, MA
Members of the Board and Mr. Strout:
Enclosed is a Notice of Appeal of a decision of the City of Salem Zoning
Enforcement Officer reference the above-cited premises which is hereby filed in
accordance with Massachusetts General Laws Chapter 40A, Sections 7, 8, and 15 and
the Salem Zoning Ordinance Section 9-3(d)(1).
HAWTHORNE COVE MARINA, INC.
ET AL.
By their attorneys,
RONAN, SEG ARRINGTON
B
rge W. Atkins,
BBO#: 023350
59 Federal Street
Salem, MA 01970
(978) 744-0350
GWA:djz
Enclosure
cc: Goldeneye Corporation
William Lundregan, Esquire
NOTICE OF APPEAL
TO THE CITY OF SALEM
ZONING BOARD OF APPEALS
Hawthorne Cove Marina, Inc. of 10 White Street, Salem, Massachusetts, and
others listed on Exhibit A attached hereto (collectively, Petitioners) hereby give notice of
appeal of a decision of the Zoning Enforcement Officer in accordance with Massachusetts
General Laws Chapter 40A, Sections 7, 8, and 15 and the Salem Zoning Ordinance.
Section 9-3(d)(1).
In connection with an application to the Massachusetts Department of
Environmental Protection for a Waterways License on behalf of Goldeneye Corporation, 4
Blaney Street, Salem, Massachusetts, the Zoning Enforcement Officer issued a certificate
dated September 21, 1999 stating that the applicant's application and plans are not in
violation of local zoning ordinances.
Petitioners hereby request the Salem Zoning.Board of Appeals as follows:
1. To rescind the decision of the Zoning Enforcement Officer's certification to
the Massachusetts Department of Environment Protection.
2. To prohibit issuance of a Building Permit or Certificate of Occupancy for any
building or use at 4 Blaney Street as described in the application and plans submitted to
the Massachusetts Department of Environmental Protection.
As grounds therefore, Petitioners state as follows:
1. Use of the site for water dependent activity is prohibited in the Industrial
Zoning District by Section 5-3 (h) (3) t. of the Zoning Ordinance which specifically prohibits
all special permit uses including water dependent activities.
2. Use of the site for parking of 203 vehicles is a use of premises exceeding
10,000 square feet, which use requires a site plan special permit from the Salem Planning
Board in accordance with Section 7-18 of the Zoning Ordinance.
3. Construction of a pier, walkway, barge, docks, and terminal building for
commercial boat services requires a wetlands and flood hazard special permit from the
Salem Planning Board in accordance with Section 7-16 of the Zoning Ordinance.
4. Use of the premises for a terminal building and a 203-vehicle parking lot
does not constitute an accessory use on the same lot as its principal use and incidental
and subordinate to the principal use as defined in Section 2-2 of the Zoning Ordinance.
5. Use of the premises for a terminal building and a 203-vehicle parking lot is
not a use allowed by Section 5-2 (f) (10) of the Zoning Ordinance.
6. Even should the proposed terminal building be considered an accessory
use, the proposed building does not comply with the dimensional provision of Section 7-8
of the Zoning Ordinance.
7. The plans are insufficient to determine whether the parking area complies
with the provisions of Section 7-3 of the Zoning Ordinance as to the design of such parking
area.
8. The proposed use of the premises is not in harmony with the intent and
purpose of the Zoning Ordinance as provided in Section 1-1 (a) and is detrimental to the
abutting neighborhood and therefore does not comply with the Zoning Ordinance.
October 21, 1999 HAWTHORNE COVE MARINA, INC.
ET AL.
By their attorneys,
RONAN, SE
THARRINGTON
By:
rge W. Atkins, III
BO#: 023350
59 Federal Street
Salem, MA 01970
(978) 744-0350
EXHIBIT A
1. Alice M. Jordan
97 Derby Street, Salem, Massachusetts
2. Delores Jordan
97 Derby Street, Salem, Massachusetts
3. Stephen F. Hultgren
6 White Street, #5, Salem, Massachusetts
4. George L. Smith
6 White Street, #5, Salem, Massachusetts
5. Heidi Milman
109 Derby Street, Salem, Massachusetts
6. Jessica Arena
6 White Street, #2, Salem, Massachusetts
7. John Arena
6 White Street, #2, Salem, Massachusetts.
S. Debbie Adair
96 Derby Street, Salem, Massachusetts
9. Russell T. Vickers
Hawthorne Cove Marina, Inc.
10 White Street, Salem, Massachusetts
10. Sandy Martin
6 White Street, #5, Salem, Massachusetts
11. Carol Naranjo
6 White Street, #5, Salem, Massachusetts