WINGER ISLAND - ZBA WINTER ISLAND, formerly
U.S. Coast Guard
PETER HAYWOOD, Petitioner
City-of Salem, Owner
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DECISION ON THE PETITION OF PETER S. HAYWOOD FOR A
SPECIAL PERMIT FOR A PARCEL OF LAND ON WINTER ISLAND
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A hearing on this petition was held on January 20, F;$PZ4with the
following Board Members present: Douglas Hopper, Chairman, Messrs.
Hacker, Piemonte, LaBrecque and Feeherry. Notice of thEC1Mz 1frg ias y „SS
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 has requested a Special Permit to use a portion of
two existing buildings at Winter Island as a boatyard. The property in
question is in an R-C Zoning District. The Special Permit which has been
requested may therefore be granted upon a finding by the Board of Appeals,
that. the grant of the Special Permit will promote the health, safety,
convenience and welfare of the City's inhabitants.
The Board of Appeals, after considering the evidence presented at
the hearing, and after viewing the property, makes the following findings
of fact:
1) The proposed use of the property is supported by the Winter
Island Commission.
2) The proposed use of the property will provide much needed security
for the area and will result in an improvement in the existing
structures.
3) The proposed use of the property will not limit public access
to Winter Island. In fact, revenue from the Petitioner's lease
with the City may generate income that will promote public use
of Winter Island.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals concluded unanimously that
the proposed use will promote the health, safety, convenience, and welfare
of the City's inhabitants and that the proposed use is in harmony with the
Zoning Ordinance. Accordingly, the Board unanimously voted in favor of
granting a Special Permit to the Petitioners.
The Special Permit is therefore granted in accordance with the
following terms and conditions:
DECISION - PETER S. HAYWOOD FOR SPECIAL PERMIT
FOR A PARCEL OF LAND ON WINTER ISLAND - Page 2
January 20, 1982
1) The Petitioner may use an area on Winter Island, that�w 11e
defined by the terms of a lease between the Petitio [ d 15 P .
the City, for use as a boatyard. F(LEa,
2) The Petitioner's use of the area in question is co> 44 oned
upon the execution of a lease with the City. In the event c1"f•P4fSS.
that no such release is executed, this Special Permit shall
be null and void.
3) Petitioner will comply with all applicable Fire Safety
Codes prior to commencing the opeation of his boatyard.
Anthony M. Fdeherry, Secretary
APPEAL MOM MIS DECICiO?; .
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A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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Winter Island Commission
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Office— City Hall
93 Washington Street
Salem,Mass.01970 ;linter Island Deed History
Fief : Essex County Registry of Deeds
October 29, 1794
Bk.153 Pg.190 Town of Salem at the request of the United
States Congress ceded a portion of Winter
Island for a Fort to protect Sal- on Harbor.
Road or ,' y established to Fort.
1ovember 28, 1864
Bk. 678 pg.291 Order: City of Salem Council ordering the
Mayor to aathorize to cede to the United
States Government all that portion of ,dater
Island deemed necessary by the !ngineering
Department of the United States for the
purpose of locating further works for the
defense of the Harbor.
January 25, 1865
Bk.678 pg.291 Notice of the United States Government of
the transfer of a portion of land at ;linter
Island to The United States for the construe--
` tion of a Fort by the City of Salem.
Also, said territory so occupied by the govern-
ment shall revert to the City of Salem when-
ever it shall cease to be used for the purpose
indicated.
Decersber 13, 1869
Bk.797 pg.6 The City of Sale= in consideration of ONE
Dollar to be paid by the Plummer Farm School
of Refor= for Boys, a portion of tinter Island
situated in the eastern part of the Island,
not including Allen Farm or that of the United
States Government, Also, the City of Salem
gives the right to use the flay as nosy laid out
or constructed through land belonging to said
city; Plan of hinter Island, January 6, 1870.
Aiay 13, 1922
Bk.5809 pg.508 United States of America Secretary of WAR'
& 509 of, To the City of Salem.
Act of Congress hereby convey, remises,
xe" eases and quitclaim unto the said City
of Salem that portion of Minter Island acquired
in 1794-1865, for ;perpetual use as a Public
park or other public uses.
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6141 of'sY �-I pary 4,
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Winter Island Commission
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Office — City Hall
93 Washington Street
Salem,Mass.01970
Winter Island Deed rristory ( continued)
iiay 12, 1922I'
$1'.. 0')i.3 pr3. 576 )ecl.�rat lon of ''Termination of Interest
577
T'r,e United c;tate: of .hmerica conveyed certain
pre;^i8es located on Minter Islam to the
Cite of Salem for use as a public park or
other public uses.
December 12, 1933
Bk, 6013 p9,577 The United States Corps of Engineers conveys
to the united States Treasury Department a
portion of kinter Island to be used by the
U. S. :cast Guard as an Lir Station.
ref : Plan dated Feb.-mar;,, 17, 1944.
November 15, 1910
Lk. 3240 p,,.?_50 Commonwealth of -Massachusetts lard court
order that the petition_ of the ?lui mer Farm
School nu-tuber 171.46 Pea, be dis itised.
Entered
October 7, 1969 Commonwealth of trass,-:�chusetts Land Court
Recorded case 52100,
October 7, 1971 Plummer Home for Boys VS. City of Salem
Bk- 5309 pg.114 Bill in equity to establish title to certain
land on sinter Island in Salem Harbor.
Boundary on drawl—I ng ;111449
Plui=er Home land stops at N 550-520-42",
by land of the United States of America.
November 20. 1972
Letter from The United States Coast Guard releases area
Congressman and buildilgs used to the U. S. Corps of t,rmy
I,avrwies'offieeD!igineers thence to the Administration of
Nov. 17, 1981 General Services,
August 13, 1973
Letter from United States Administration of General
Congressman Services declares that the United States of
mavroulestof- America has no present need for use and oe-
fice, cupaney of Winter Island. The City of Salem
Nov. 17, 1931 may use the premises as a public park or other
public uses.