50 WINTER ISLAND ROAD - ZBA 50 winter island road J _
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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)
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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
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