50 WINTER ISLAND ROAD - ZBA (7) 50 Winter Island Rd. (R-1
City of Salem
Winter Island Commission — - - -• - - - -
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DECISION ON THE PETITION OF WINTER ISLAND COMMISSION FOR A VARIANCE FOR
50 WINTER ISLAND ROAD
A hearing on this petition was held on August 22, 1984 with the following
Board Members present: James Hacker, Chairman; Scott Charnas, Secretary;
Messrs. Robert Gauthier & Edward Luzinski and Associate Member, Richard .
A. Bencal. 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 seeks a Variance to adftpt a building at 50 Winter Island
Road for use as a small boat storage and maintenance facility, and
sailing program office and classroom. The property is owned by the
City.
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 otherwise, to petitioner; and
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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1. No opposition of any substance was presented;
2. The locus is unique in that it is part of a City - owned recreation area;
3. The building is in a state of disrepair, is vandalized from time to
time, and will continue to be vandalized if left in its present
state;
4. Continued vandalism will render the building economically useless
and therefore create a hardship for the city.
On the basis of the above findings of fact and on_jhe c)jidence presented at
the hearing, the Board concludes as follows;
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PETITION OF WINTER ISLAND COMMISSION FOR A
VARIANCE.. FOR 50 WINTER ISLAND ROAD
page two
`1. .`Special conditions exist which affect this lot which do not affect
'generally the district;
2. "Literal enforcement of the Ordinance would work substantial hard-
-'ship upon the City;
1.3. -The Variance can be granted without substantial detriment to the
public good and without substantially derogating from the intent
of the district or the purpose of the Ordinance.
Therefore the Board of Appeal voted unanimously to grant the Variance re-
quested provided that said Variance is to run concurrently with the duration
of the City's lease to petitioner as filed with the Board, and for so, long
as the lease may be extended in the future.
VARIANCE GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FIELD WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM 11LIIS D=.I„I�:1, 3HAI.L S' MADE Pui S'-,ANT TO SECTIOG 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808. A,'-.'D SHALL BE FH-D ;4:TtNN 20 DAi'S AFTER 1HE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER £08, SECTI''N 11. THE VARIANCE L^ "P-CIAI- PERIIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE ii':CK.i'G. BE^.=: iC 'iHE FLRT- 1
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS SEEN FH-D,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED CR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNS
WRECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
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BOAR1LpF AP9EApL
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Date October 2, 1984
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I hereby certify that_ 20 days have expired
from the doge this instrument was received, m r
and Pilaf NO APPEAL has been filed in this 00
-office.
A True Copy
ATTEST "ass.
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TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . 5 0 . �✓r.?T. -/ . Cran >1 ./c.Qfl . . . .. . . . . . .. . ... . ..
Street; Zoning District.. ____.
• • • • A -.�4 . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s)__-__.-_-__-.___
of the Mass-achosefits .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in.
accordance with .Section IX A:1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
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The U&dersig ed VeSeby petitions the Board of Appeals to vary the terms of the Salem
Zoning, Ordinance and/or the Building Code and order the Inspector of Buildings to
approge-the— pl-rtation fee permit to build as filed, as the enforcement of said
Zoning B- Law aneBuilding Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero—
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: /
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Address. S.4LP �/�ee71
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Three copies of the application must be filed with the Secretary of the Board. of
Appeals with a check, for advertising in the amount of............... ...........
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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(fiitv of
Winter Island Commission
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Office-City Hall
93 Washington Street
Salem,Mass.01970
*** PERMIT ***
The City of Salem, Winter Island Commission, in concert with the Park
and Recreation Commission, authorize Salem State College, Commonwealth of
Massachusetts, to operate/conduct a "Winter Island Sailing Program", at
Winter Island, Salem, Massachusetts. Such authorization includes permission
to use the five (5) bay garage at Winter Island for the purpose of locating the
Sailing Program, storing and maintaining sailing vessels and equipment. The
Sailing Program shall include the following activities as provided by College
authorized staff:
- Inter-collegiate competition of sail craft.
- Instruction to the community at large, in skills and safe
handling of sail craft, subject to a Winter Island Commission
approved fee schedule.
- Maintenance, repair, and storage of sail craft directly associated
with the Sailing Program.
- Sponsorship and operation of a community youth sailing program
that provides for low or no cost instruction and rental of sail
craft by the youth of Salem.
- Sailing regattas and other special events to promote safe recreational
boating.
- All such activities to be conducted by Salem State College are
a non-profit, non commercial basis.
Salem State College and/or Commonwealth of Massachusetts will indemnify
and hold harmless the City of Salem from any loss by reason of injury or
death to any persons participating in the sailing program to the general
public; provided, however, that this provision shall impose upon Salem
State College and/or the Commonwealth of Massachusetts no liability other
than that which it may assume in conformity with applicable provisions of law.
This permit provides for the use of the five (5) bay garage as per above,
subject to the following stipulations and conditions:
- Issuance of a Special Permit by the Salem Board of Appeal
that allows for exempted use of Winter Island in conformance
to the City of Salem Zoning Ordinance.
- Acceptance by the Sailing Program to recondition/refurbish the
five bay garage to state and local occupancy code,.and as out-
lined in the communication of May 2, 1984 between the College
and the National Park Service. (ref . Attachment A.)
- Review and approval of building design for rehabilitation,
interior and exterior, by. the Winter Island Commission and Park
and Recreation Commission.
- All refurbishment/renovation 'be done in accordance with applicable .
standards and code, including attainment of necessary building
permits and licences. Any and all improvements made to the
garage shall belong to the City of Salem and shall not be reimbursed
to Salem State College.
This permit shall take effect this first day of July, 1984, and shall
remain in effect until the 31st day of December, 1985, at which time the City
of Salem, acting through its Mayor, shall review the performance of the College
sponsored Winter Island Sailing Program, and unless there be substantial cause
for early termination of the Permit , due to failure to comply with specific
terms and conditions of the Permit, or unless prohibited by state law of local
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ordinance, the City of Salem shall extend or re-issue a Permit for continued
College sponsorship of the Winter Island Sailing Program for successive one (1)
year periods, at the option of the City of Salem, for a minimum three year period.
In consideration of the above, the Salem State College sponsored Winter
Island Sailing Program shall remit the following schedule of fees to the City
of Salem, Winter Island Commission:
- Upon issuance through December 31, 1985. . . . . . . . . . . . . . . . . . . .$1.00
- The College shall provide five (5) College Work Study positions
for approximately ten to twelve weeks (371, hours per week) .
These college students shall be assigned to work at Winter Island
during the Summer months.
Successive years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .t.b.a
(negotiated upon extention or re-issuance of Permit)
The schedule of fees reflects the non-profit status of the College and
Sailing Program, as well as the investment of money, time and energy, in the
garage, necessary for a safe and viable sailing program. The term of the
Permit reflects two things; the planned "sunset" of the Winter Island Commission,
and the recognition in good faith, that the afore mentioned investment by the
program's sponsor is considerable and requires a commensurate period of time
commitment by the City of Salem to the Sailing Program to allow for an equitable
return.
ANTHONY V. 9ALVO, MAYOR T. AMSLE , PRESIDENT
CITY OF SALEM S EM STATE COLLEGE
OHN L. HAYES, CHL��fAN MICHAE GIANELLI � ISSIO,WINTER ISLAND COMMISSION PARK R-3-
CREATIN
May 29 1984
A-44-3
Mr. David A. Sartwsll
Director of Admissions
Salem State Collage
352 Lafayette Street
Salem, MA 01970
Dear Mr. Sartwells
Salem Maritime National Historic Site encourages programs
that faster the understanding of Salem's maritime history
and sea oriented activities. The proposed adaptive reuse
of the five (5) bay garage at Winter Island is in the
spirit of present National Park Service policy. He are
delighted to join in any cooperative planning of resource
use for the successful implementation of this endeavor
and look forward with interest to possible participation
in other potential cooperative interpretive programs.
Sincerely,
Cynthia Pollack
Superintendent
ccs Mayor Anthony Salvo - City of Salem
Richard Marrs - Vice President Adm. 8 Fin. - S.S.C.
C. Pellackftl
r
,.� The Commonwealth of Massachusetts
y SALEM STATE COLLEGE
J Y" 352 Lafayette Street
Salem, Massachusetts 01970 James T. Amsler
a
President
Telephone 617-74r5-054%
I
May 2, 1984
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Ms. Cynthia Pollack, Superintendent
Salem Maritime National Historic Site
Custom House b
Derby Street
Salem, MA 01970
Dear Ms. Pollack:
The Salem State College Sailing Club and racing team would like to
renovate the five bay garage located behind the hanger on Winter
Island and use that building as a base of operation for both the
college Sailing Team and community recreational sailing. It is our
intention to retain the essential integrity of the building only
adapting the interior space to accommodate our sailing activity.
The garage was built in 1933 and is a very solid brick building.
The renovation would include repairing the roof which is in poor
shape, securing the building with new windows and doors, rewiring
the building to reinstitute electricity, building racks inside to
hold small dinghies , cleaning up the immediate area, and other
miscellaneous work as required. No excavation would be required.
The colleae and friends would renovate the building at our expense,
would maintain it with student labor, and would offer to the local
community sailing instruction and boat rentals at a very low cost.
It would appear to us that this activity would be consistent with
the general purposes of the island and would further the recreational
opportunities available to local Salem residents.
If I can answer any questions you may have, please feel free to
contact me at the College.
c�eerre�l y,
David A.d A. artwell
Director of Admissions
DAS/dm
cc: V.P. Marrs RECEIVED
MAY 31984
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MICHAEL E. O'BRIEN CITY OF SALEM
CITY SOLICITOR MASSACHUSETTS MARY P. HAY N
SOLICITOR
93 WASHINGTON STREET - ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET
and and
i87 FEDERAL STREET 59 FEDERAL STREET
SALEM, MA 01970 SALEM, MA 01970
7454311 744-0350
744-3363
ole n;e Reply to 187 Federal Stree[ Please Reply to 59 Federal Street
July 24 , 1984
Michael Gianelli , Chairman .
Park & Recreation Commission
6 Fairview Road
Salem, Massachusetts 01970
Re : Winter Island
Dear Mr. Gianelli :
I am responding to a request from your Commission which
was relayed via Gary Moore of. the Winter Island Commission
relative to the permit for Salem State College. I have review-
ed the proposed permit agreement and approve of the same as to
legal form and character.
If you desire additional information , please feel free to
contact me .
Very truly yours /`
Cil X64
Mighael E . O ' Brien"
City Solicitor
MEO/jp
cc : Gary Moore , Manager
Winter Island Commission