50 WINTER ISLAND ROAD - ZBA (2)r�3, 50 WINTER ISLAND ROAD �I
CITY OF SALEM
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iy CITY OF SALEM
BOARD OF APPEAL
978-745-9595,Ext 381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by the CITY OF SALEM requesting
or a Variance to permit recreational
vehicles to utilize Winter Island for
the property located at 50 WINTER
ISLAND ROAD R-2. Said hearing will
be held on WEDNESDAY,MARCH 19,
IX. 2003 at 6:30 p.m,120 WASHINGTON
ja STREET,3rd FLOOR,ROOM 313.
Nina Cohen,Chairman
op (�512)
.`17Y OF MAk-SSA-1-1-US,
UF 0A1 EM, MA
N.- L
BOARD OF APPEAL CLERK'-
120 WASHINGTON STREET. 3RD FLOOR S OFFICE
SALEM. MA 01 970
TEL. (978) 745-9595
FAX (978) 740-9846 100) MAR 21 A 10-- 42
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF THE CITY OF SALEM REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 50 WINTER ISLAND ROAD
A hearing on this petition was held March 19, 2003 with the following Board Members
present: Nina Cohen, Chairman,, Stephen Harris, Nicholas Helides, Bonnie Belair and
Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance to permit Seasonal Overnight Use of Winter
Island Campground for the property located at 50 Winter Island Road R-1.
The Variances, which have been requested, upon a finding 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 structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of the
purpose 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. Petitioner, the City of Salem,request a variance from the Ordinance requirements to
permit overnight use by recreational vehicles of Winter Island Marine Recreation
Area during the period from April I through November 1. As grounds for the
request, the City of Salem asserts that Winter Island has been used by recreational
vehicles seasonally for more than 15 years without negative impact upon the
environment of the neighborhood, and that the fees collected for such use support the
maintenance and upkeep of the park.
2. Ward I Councillor Claudia Chuber and Ward 5 Councillor Mike Bencal said they did
not oppose the use of recreational vehicles at Winter Island Park during the season.
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CITY Oi- SALEM, MA
CLERK'S OFFICE
,,,1003-MAR 2l, A 10->42
DECISION OF THE PETITION OF CITY OF SALEM REQUESTING VARIANCES
FOR THE PROPERTY LOCATED AT 50 WINTER ISLAND ROAD
page e two
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district ing eneral.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
3. Desirable relief 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 5-0, to grant the Variances requested,
subject to the following conditions;
I. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. Petitioner shall obtain approval from all City Boards or Commission having
jurisdictions including, but not limited to, the Planning Board.
Variance Granted
March 19, 2003
Nina Cohen C�
Board of Appeal
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CHTY 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 day
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 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
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COUNCILLORS-AT-LARGE THOMAS H.FUREY WARD COUNCILLORS
PRESIDENT
2003 2003
LAURA A.DeTOMA DEBORAH E.BURKINSHAW CLAUDIA CHUBER
THOMAS H.FUREY CITY CLERK REGINA R.FLYNN
KEVIN R.HARVEY JOAN B.LOVELY
ARTHUR C.SARGENT III LEONARD F.O'LEARY
KIMBERLEY L.DRISCOLL
MICHAEL A.BENCAL
JOSEPH A.O'KEEFE,SR.
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