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50 WINTER ISLAND ROAD - ZBA 50 winter island road J _ -� � �C �� � �J .t�� � -�- �-` J y 1 ----�� ssex ref- ^ Legal Notice irox- CITY OF SALEM for BOARD OF APPEAL and 745.9595 Ext 381 inti- Will hold a public hearing for alll 51ar persons interested in the submitted by' _ A. CITY OF SALEM requesting a Vad for ance from Section 5-2 to allow use of ch one trailer to be used year round by is, the Caretaker of Winter Island for or property located at 50 WINTER 19 ISLAND ROAD R-1.Said hearing to be to held WEDNESDAY, DECEMBER 17, to 2003 AT 6:30 P.M., 120 WASHING- 'd TON STREET,3RD FLOOR, ROOM 12 313. Nina Cohen t' Chairman V, (1213,10) IT it I u 'CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY a F 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 �AAIr� FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR DECISION OF THE PETITION OF CITY OF SALEM REQUESTING A VARIANCE . FOR THE PROPERTY LOCATED AT 50 WINTER ISLAND ROAD R-1 A hearing on this petition was held December 17, 2003 with the following Board Members present: Nina Cohen, Stephen Harris, Richard Dionne,Joseph Barbeau and Bonnie Belier. 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 is requesting a Variance from Section 5-2 to allow use year round by the Caretaker for the property located at 50 Winter Island Road located in a R-1 zone. The Variances, which have been requested, may be granted upon a finding by this 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 the 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. The Petitioner, City of Salem requests for Variance to allow year round residential trailer to be used by Caretaker at Winter Island Park for security and Maintenance. 2. Salem Park and Recreation Director Doug Bollen represented the City of Salem. He explained the caretaker's responsibilities are to maintain the park facilities and provide security. 3. In support of this petition, the Board heard eloquent and persuasive statement by Former Winter Island Park Manager Gary Moore. The Board also heard testimony from Salem Police Captain Robert Callahan, Sergeant and Harbormaster Peter Gifford, Antiterrorist Officer Andrea and Ward 7 City Coundillor Joseph O'Keefe in support of this petition. r DECISION OF THE PETITION OF CITY OF SALEM REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 50 W INTER ISLAND ROAD R-1 page two On the basis of the above findings of fact, and on, 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: 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 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 in favor to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Variance Granted December 17, 2003 Nina Cohen, Chairmar>�""' J Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 effect until a co t take elle PY of the decision bearing the Permit granted herein shall no 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 • Citp of harem' Aa-55arou.5ett. Volice Department Aeabquartem ROBERT M. ST. PIERRE CHIEF OF POLICE STANLEY J. UISOVICZ, JR. MAYOR December 16, 2003 To Whom It May Concern: I have been requested to give my opinion on the effect a resident caretaker has on the security of Winter Island. During the past several years, while the caretaker has resided on the island,the incidence of vandalism, public drinking and unruly after hours groups have decreased significantly. The overnight caretaker has been a valuable asset towards security of the island and acts as an irreplaceable deterrent to petty crime. His constant monitoring of the island has proven to be an invaluable assistance to the police department. Sincerely, Capt.,.Robert Callahan Salem Police Department SALEM POLICE DEPARTMENT • 95 MARGIN STREET • SALEM, MASSACHUSETTS 01970 • 9781744-2204 co CITY OF SALEM Harbormaster ?- ' 51 Winter Island Rd. ••••� Salem, MA 01970 ��/MINB (978) 741-0098 F SGT. PETER GIFFORD Fax (978) 741-5641 HARBORMASTER Board of Appeals Salem, Mass. Dear Board Members, My name is Sgt. Peter Gifford. I have been a Salem Police Officer for twenty-five years. Five of those years I was attached to the Park Dept. as the Park patrol Officer, under Superintendent of Parks, James Foley. My current assignment is Harbormaster. Security at Winter Island has always been a concern due to its remoteness. In recent years it has become more so due to changes at Plummer Home for Boys and our proximity to it. For most of our lives Plummer Home was privately operated as a safe haven for homeless boys. Most would spend their High school years there and have a stable home. Today, the boys come to Plummer via DSS. According to staff members I know, boys seldom spend more than a few months at the home. The boys are much more troubled and many have criminal records. The Harbormaster Dept golf cart was pushed off a cliff into the ocean one night last summer and then subsequently vandalized again This occurred with people camping on the island and a Harbormaster on duty. He had just pulled away from the dock and could see them vandalizing the cart. Those boys were caught and were in fact from Plummer. With that in mind I cannot stress the need for security enough. I'm sure some of you remember the condition of Winter Island when Gary Moore began the restoration that you see today. It had gone from a fully functional military installation to total ruins at the hand of teenagers in a few months. I was the Park patrol officer at the time and it took years to get Winter Island under control. The large white barracks building stands as a reminder of just how bad the Island was destroyed. Between the Harbormaster Office, dock house and hanger, there are radios, computers, televisions, tools, three boats and the list goes on. If a group of youths ever had a few hours to run free on a given night they could destroy approx one quarter of a million dollars in Harbormaster Dept equipment alone. The Park Dept has at least that much in equipment on the grounds also. I believe the only reason this has not happened is that a caretaker lives on the grounds and everyone knows it. The fact that no one is on the Island when he goes to work is extremely dangerous. Fortunately, it is hard to tell if he is there or not and so far we have been very lucky. Without him the City would be forced into one of two choices. Hire full time security at night or vacate the Island and board everything up for the winter. `1°he front gate is locked at night but entry can be gained on foot. Leaving the gate open would invite anyone in at all hours and is the greater of two evils. In closing, Winter Island has become the jewel of all Salem Parks. I believe that not only should a caretaker be allowed to continue staying on the Island but that the Park Commission should take steps to improve a marginal situation and pay a man enough so he could quit his job and focus on Winter Island. Sincerely, Sgt. Peterif rd { i I