WINTER ISLAND - ZBA (5) Winter Island R-1 --
_ City of Salem (Owner)
/ � I Easter Sea Board (Petitioner; JJ
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• April 17, T984
NOTICE IS HEREBY GIVEN THAT AS OF APRIL 5, 1984 THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY
CLERK TO GRANT THE PETITION OF EASTERN SEA BOARDS FOR A SPECIAL
PERMIT TO OPERATE A WINDSURFING PROGRAM AND TO ERECT A PRECON-
STRUCTED WOOD FRAME BUILDING AT WINTER ISLAND.
BOARD OF APPEAL
Brenda M. Sumrall, Clerk
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PUP.SANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
CRANJTEO HE;EIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARr,-� THE CERT-
FILATION OF 1HE CITY CLERK THAT 20 DAPS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
CR iHAF, IF SIJ0 AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISialSSEO OR DENIED IS
RECGRDED 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
(gitu of
Poara of Appeal 84 _59
CIT': -
DECISION ON PETITION OF BRENT MERRILL D/B/A EASTERN SBA
BOARDS FOR A SPECIAL PERMIT FOR WINTER ISLAND
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A hearing on this petition was held on March 21 , 1984 with the following Board
Members present: James Hacker, Chairman; Messrs., Charnas, Hopper, Luzinski and
Strout. Notice of -,aid hearing was sent to abutters and others and notices of -
the hearing were o^on,�:^ly published in the Salem Evening News in accordance with
Massachusetts Geii.,-dl Laws Chapter 40A.
Petitioner requests a Special Permit to allow him to operate a windsurfing
program on Winter Island and erect a pre-constructed wood frame building thereon_
The Island is owned by the City of Salem and is in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing
in this Ordinance, the Board of Appeal may, in
accordance with the procedure and conditions set
forth in Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or
expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the
neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be grantedupon a finding -
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants_
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was presented to the plan;
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2. The windsurfing program which petitioner has previously conducted
on Winter island has been an asset to the island and the City_ .
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board concludes as follows:
1 . Petitioner's plan will not be substantially detrimental to
the public good;
2. The relief requested will not substantially derogate from or
nullify the intent and purpose of the Ordinance.
� 4
DECISION ON PETITION OF BRENT MERRILL d/b/a
EASTERN SEA BOARDS FOR A SPECIAL PERMIT FOR
WINTER ISLAND
page two
Therefore, the Zoning Board of A
grants Petitioner the requested Appeal by a vote of four in favor
to operate a windsurfing� Special Permit to allow him and one Present,
wood frame buildingon Program on Winter Island and to erectnaii January 1 , 1986
the island, as as more fully described in the petition.
SPECIAL PERMIT GRANTED petition.
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BCD p THE CITY CLERK.
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APPEAL FRD1 T4!3 O[CIS1 4. IF 4W, SHALL Sr .`.iADE PURSUANT TO SECTION 17 OF TP,_ " .3s.
;E"AL U.'A'S. CRATER SU AP:D SHALL BE F LEj 7P:T41N 22 C�/S ..:iPR THE DATE �: .--_..._
O; T!!:S IN THE OFFICE OF TH7 CiR CLERK.
hSS. CENERQ Ul"i S. Cu, Pf ER 303. SE(MuN 11, TdE 7AF7F':oE OR $a_^•-1 _��.•.i -
. .. ifiRElo, SHALL i3O) EFE ECi IL A COPY Cr THE'..,
.. OF THE CI—.( CLEHK THAT V DAYS F::PiE ELA?SED A:`:: WC APFYn
Tr.;;. !F $9,y AN FPPEA+ HA; BEEP; `ILE TPA IT HAS iE6; OtS ;SSED 4a
3'„:'nC:L, iii THE SilU'iH EJSE: RE"oi STRi C� GEEDS AP1D C:DEdEO i:OER THE i:4..= C.'- T.F:E iiYi?E.
OF $E'CRD OR IS RECORDED AND :'TOTED ON THE OVI iER'S CERTiF LATE CF Ti7LE.
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