WINTER ISLAND - ZBA -WINTER ISLAND { i
WINTER ISLAND COMMISSION
V
1
1. _ ��f r Hifi �afenl,
Feb. 6
DECISION ON THE PETITION OF THE 'WINTER ISLAND CO[°]MISSION FOR A
SPECIAL PERMIT FOR 50 WINTER ISLAND ROAD CITY P,[V !F"0-
SAW
' "0-
SAW - ;
A hearing on this petition was held on January 25, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzir.ski and
Associate Member 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 Minter Island Commission, as Petitioner, has requested a Special Permit to
allow overnight camping .by not more than sixty recreational vehicles on Winter
Island during the summer months. Winter Island is in an R-c district. The
Special Permit may therefore be granted upon a finding by the Board of Appeal,
that the grant of the Special permit will promote the public health, safety,
convenience and welfare.
The Board of Appeal, after considering the evidence presented at the hearing,
and after viewing the property, makes the following findings of fact:
1 . A prior request to this Board resulted in the granting of a Special Permit
allowing overnight camping at the site. That Special Permit expired
October 1 , 1983;
2. The proposed use of the site will in no way limit the public's access to
the site and the revenue generated by the proposed use will benefit the
City and provide funds which will allow greater access by the public to
Winter Island.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeal., concluded unanimously that the proposed use
will promote the public health, safety, convenience, and welfare and that the
proposed use is in harmony with the Zoning Ordinance. Accordingly, the Board
voted unanimously in favor of granting Special Permit to the Petitioner.
The Special Permit is therefore granted in accordance with the following terms
and conditions:
1 . The overnight camping of not more that 50 recreational vehicles shall be
permit at: ;linter Island during the perior Jure 1 , 1984 to October 1 , 1984;
2.. The location of the recreational vehicles shall be approved by
the Salem Fire Marshal to guarantee access by fire fighting
apparatus to the site. -
1
APS.--L r9'•!1 iH:S [:Ei ISISN. IF ANY. SHALL EE KA.DE FUSSUAAT TO SECTION 17 OF THE ?'S
_..
PANS, AND SHAD CE 0U0 WI'.= 20 CATS ARER THE DAE OF 1100' '
ZF 'io .;.'! il THE OFFICE OF THE CIT- CLERK. - -
WS"n7 7D ASS nVOK L6.'.-.,. CH107Ei SM, SECTIM 11. THE VARIASCE -
._ _. ._. . .. U _„'T INAL ^ ,.,°t C° THEDECRAnjf ]:S vt� _ . Cf .r..a.,, 6c^Y.ing Se,,. et^ry
�Y= OF -oE ray L nK inAr 20 PAM N ''E [UnEO i.'i0 Y] A? .L H!c 3
.'•"• 101 IF SAA AN APPEAL H':S BEEN FILE, T:if., IT HA; GEE : D!$::ISSLD OR fF;:._n is
REZOR ' 0 ThE S 1H EShr. ROOM! OF GETS AND INKED UNDER ME Non or UE os - •.
CF RECORD OR IS R2CBDED-AND NWED ON ME OWNEWS CERM?CATE OF TITLE. -
BOARD OF APPEAi.
A COPY OF THIS DECISION HAS BEEN FILED 4:ITH THE PLANNING BOARD AND CITY CLERK
Y9" k Ctv of '�$ttfem, f ttssac4usctfs
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Pourb of :A� pprA
AMuuxa>�~
February 6, 1984
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE
CITY CLERK TO GRANT THE PETITION OF THE WINTER ISLAND COM-
MISSION FOR A SPECIAL PERMIT TO ALLOW THE OVERNIGHT PARKING
OF NOT MORE THAN SIXTY RECREATIONAL VEHICLES 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 CLERSECTIONK. 11. THE VARIANCE OR SPECIAL PERMIT
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808,
FI AT ION OF THE CISHALL
NOT
THAT
EFFECT
UNTIL
HAVA COPY
FAND ENO CAPPEAL BHAS'BEEN HFILED,
T
BEEN DISMISSED OR ED
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS ME OF THE
RECORDO DIORTH SOUTH ESSEX
OF DEEDS AND 6ERTIFICATE OF TITLE.
ME 019NER
DEXED UNDER THE A
OF
RECOR
NOTED
BOARD OF APPEAL
fl�ftg of the a, tt stttl��z #ts
A w pnarb of �}r�v 1 '82 FEB 26 P1 :44
T
DECISION ON THE PETITION OF THE WINTER ISLAND COMMISSIO1Cj$gRC.L%F.�sr�,VICE
PERMIT FOR WINTER ISLAND SALtt` �' •�=
i
A hearing on this petition was held on February 17, 1982 with the following
Board Members present: Douglas Hopper, Chairman, and Mr. Piemonte and Associate
Members Luzinski and Martineau. 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. .
ghe WinterIslandCommission, as Petitioner, has requested a Special Permit
to allow overnight camping by not more than sixty
recreational vehicles on Winter
Island during the summer months. Winter Island is in an R-C
district. The Special Permit which has been requested may therefore be granted
that the rant of the Special Permit
the Board of Appeal, t p
upon a finding by pp , g
will promote the public health, safety, convenience and welfare.
The Board of Appeal, after considering the evidence presented at the hearing,
and after viewing the property, makes the following findings of fact:
1) A prior request to this Board resulted in the granting of a Special Permit
allowing overnight camping at the site. That Special Permit expired on October 1, 1981.
2. The proposed use of the site will in no way limit the public's access to
the site and the revenue generated by the proposed use will benefit the City and
provide funds which will allow greater access by the public to Winter Island.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeal, concluded unanimously that the proposed use will
promote the public health, safety, convenience, and welfare and that the proposed
use is in harmony with the Zoning Ordinance. Accordingly, the .Board votes in favor
of granting a Special Permit to the Petitioner. .
The Special Permit is therefore granted in accordance with the following terms and
conditions:
1) The overnight camping of not more than 60 recreational vehicles shall be per-
mitted at Winter Island during the period June 1, 1982 to October 1, 1982.
2) The occupancy of- Winter Island by these recreational vehicles shall be
in accordance with the restrictions stated in the: Salem Fire Marshal , February 17,
1982 letter to this Board.
•
Dougl Hopper, 'C airman
APPEAL FRT", T91S IF > etl aiL R' Qr." P..3c _ i T 'S"CTIM 17 OF THE MASS.
cErr+ER;,L Lf A;COPY OF THIS' DECISION ,Ahs PL �IS;kYASEENeFFLED WITH THE PLANNING BOARD AND CITY CLERK
OF T:11.S .1:5.. 1 t - -
��
OR MIT - i'. THE LAMER
OF RECORD OR a ;: u A:D ...amu ..:I i „_r i'r; EF I ff LE. -. -
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E
September 2, 1980
Pulliam J. Tinti
City Solicitor
City of Salem
Salem, VA 01970
g'I
Dear Pair. Tinti:
i` At a r g City Chamber
� regular meeting of the Ci Council held in the Council
on August 7, 1980, the enclosed was adopted.
¢ This action was approved
by M yor Jean A. Levesque on August 27, 1980. :
Very ry truly yours,
I
! JOSEPHINE R. FUSOD
CITY CLIE-m
JPF/deb
Enclosure
s
September 2, 1980
Mr. Williarn Mahoney, Mairman
Plummer Home Trustees
8 Castle Road
Salem, MA 01970
Dear Mr. Mahoney:
At a regular meeting of the City Council held in the Council
Chamber on August 7, 1980, the enclosed was adorned.
This action was approved by Mayor dean A. Levesque on August
27, 1980.
Very truly yours,
JOSEIF ,M R. FUSCO
CITY CMRK
R /deb
Enclosure
r
September 2, 1980
g
�! The Honorable Jean A. Levesque
j Mayor of Salem
City Hall
Salem, M 01970
rI
1; Dear mayor Levesque: _
At a regular meeting of. the City Council held in the Council
closed was adopted.
s;
Chamber on August 7, 1980, the en p
Very truly yours,
JOMPHINF R. F'USCO
CITY GT.F'R'ii
JRt/deb -
R Fhclosure
i;
Pi
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ACREE:4FYP
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WHEREAS, the area of land within the City of Salem commonly known
as winter Island is a valuable nattu'a1 resource worthy of preservation for
aesthetic and recreational enjoyment by the public; and.
WHEREAS, the real estate title to portions of said winter island
has been subject to longstanding disputes and adverse claimG; and
WHEREAS, it is the joint intention of the Plummer Home for Boys
and the City of Salem to the fullest extent possible to resolve all
controversies relating to the real estate title; and
wHEREAS, it is the joint intention of the Plummer Home for. Boys
and the City of Salem to make available to the citizens of Salem. a
portion of Winter Island for aesthetic and recreational, enjoyment; and
WHEREAS, it is in the joint interest of the Plunaner Home for Boys
and the City of Salem to oc mence as soon as possible-the preparation of
portions of Winter Island for such use; and
TVHEREAS,. by Resolution of the City Council of-Salem, the sense of
the City Council was expressed that the City should enter into an Agreement
with the Plummer Home for Boys; and
WHEREAS, the Board of Trustees of the Plummer Home for Boys have at.
various times expressed their willingness to enter into an Agreement with
the City of Salem.
THEREMRE, IT IS AGREED BY AM BEIWEM THE CITY OF SAIM4 AND THE
PI,UMMER HOME FOR BOYS, for mutual and valuable considerations, .that:
1. The City of Salem shall, by confirmatory deed or other appropriate
instrument, convey to the Plummer Horne for Boys all its right, title and
-2-
interest, if any, in and to a certain parcel of land including the buildings
thereon shown as Parcel A consisting of 18.53 acres on a Plan entitled,
"Plan of Land in Salem prepared for Plummer Home for Boys, Inc. Scale
1"=50' , dated December 8, 1970, Essex Survey Service, Inc., Engineer_"
2(a) The City of Salem shall by confirmatory deed or other
appropriate instrument, convey all its right, title and interest, if
any, in and to an area of beach located between the mean 1(ya water mark and
mean high water mark as shown on said plan, lying Southerly of a line ext-
ending Easterly, the line of the chain 'link fence which line is marked
Y on said plan, and 102 feet in length according to said plan, and lying.
Northwesterly of a line located within Parcel B1 which is marked Z on said
plan.
(b) The Plummer Hone for Boys shall, by deed of easement or other
appropriate instrument, convey to the City of Salem for the benefit of.
citizens of the City_of Salem, the right of access and use, non-exclusive .
of said beach area above described.
3. The Plummer Home for Boys shall, by release deed or other appro-
priate instrument, convey to the City of Salem all its right, title and interest
if any, in and to certain parcels, namely Parcels B, D, D1, C and Bl all as
shCFAn on said plan herein referred to (excluding however, the beach area. to- be
conveyed by the City of,Salem to the Plummer Home for Boys in accordance with
paragraph 2 hereof.)
4. The Plummer Home for Boys shall, by deed of easement or other
appropriate instrument, convey to the City of Salem a right of way in cc RT=
with the Plummer Home for Boys for all purposes for which public ways maybe
used, forty feet (40.00) in width leading from Winter Island Road across
said Parcel A, to said parcels, .B, D, D1, C. and B1, the precise location of
said way to be determined by agreement between both parties.
-3-
The Plum. er Home for Boys shall, by deed of easement or other appro-
priate instrument, convey to the City of Salem, an easement to construct
within said way utilities including, but not limited to, crater, sewer,
electrical, telephone and drainage lines in said way as well as an easement
to maintain and repair the same. .
5A. These parties agree that the uses of said Parcels B, D, Dl,,
C, and Bl shall to the extent permitted by law be limited to park,
recreational, educational or conservation uses or as a National. ilaritime .
Historic Site.
B. No commercial activity shall be permitted on the property
E
i to be conveyed except a municipally-operated marina and. an ancillary snack
bar or gift shop to be operated under the auspices of the Park or P.ecreation
Department of the City of Salem, or of the National Park Service_
C. • The restrictions set out herein are deemed to be covenants running
with the land and shall be binding upon the within grantee and all persons
claiming under it for a period of thirty years from the date these covtwmts
y are recorded.
D. The restrictions set out herein shall subject the property conveyed but
shall not be interpreted as a "Common Scheme" so-called,. affecting the remainder ,
of the grantors property on Winter Island.
E. Invalidation of any of these covenants by judgment or Court order shall
in no way affect any of the other orovisions which shall remain in full force
and effect.
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6) The City of Salem and the Plurmer Hone for Boys shall mutually seek
from the Congress of the United States and from the Great and General Court
of the Commonwealth of Massachusetts, where necessary to effectuate this
agreement, special legislation to terminate any residual interests held by
the United States Government or the Commonwealth of 14assachusetts in and to
Winter Island.
7. Plummer Home for Boys hereby grants to the City of Salem, any right
to litigate or cause of action it may have against any party for damages rela—
ting to Parcels B, D, Dl, C and Bl described herein.
8. This agreement may not be amended: or modified by the parties hereto
except by an affirmative vote of two--thirds of all members of the .City Council
of the City of Salm.
Signed this [ day of , �� . 1980.
CITY OF SALIM
BY: '
PLUMMER HOME FOR BOYS
` . In City Council August 7, 1980
Adopted by a roll call vote of 10 yeas!-.0 nays, l absent
Approved by the 14ayor on August 27, 1980
ATTEST: _
JOPHIM R. FUSCO, CITY CLERK
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'CON #g of �$njtm, Cfassar4usptts
¢ (office of the Qtg Commit
(9ifg pall
A�wwe rd'
WARD COUNCILLORS
STEPHEN P. LOVELY 1983
COUNCILLORS-AT-LARGE PRESIDENT
1983 GEORGE A. NOWAK
JOSEPHINE R. FUSCO JOHN F. NESTOR. III
JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY
JOHN J. GIAR DI
FRANCES J. GRACE
JEAN-GUY J. MARTINEAU
BRIAN T. O'KEEFE
JAMES M. FLEMING
JEAN MARIE ROCHNA JOHN R. NUTTING
January 18, 1984
Board of Appeals
1 Salem Green
Salem, MA 01970
Dear Chairman and Members of the Board:
On the request for the special permit to park recreational vehicles on
Winter Island, I would please ask your board to request a legal opinion from
the City Solicitor on this matter before making a decision.
Thank you for your cooperation.
Very
�truly
"yours,
GEORGE A. NGQK
COUNCILLOR WO M
Ctv of afeztt
.ra�c��� ire �egar#merrt �ea3yuarlers -
�a�,e8�!T_ �renxan 48 T4afttgette %ret
�k 174a*1 �AEItt. D1S7D
Date: February 17, 1982
Salem Board of Appeal Re: #1: Winter Island Commission
City of Salem, Massachusetts Winter Island
One Salem Green Hearing Date: Feb. 17, 1982
Salem, Ma. 01970
Sirs:
As a result of notice received concerning the Board of Appeal
hearing for the above listed name and address, the Salem Fire
Department, requests the following items to .be placed on record.
1. No objection by Salem Fire Prevention Bureau to occupancy
in an orderly fashion of recreational vehicles for overnight
camping. Fire Alarm office shall be notified of conditions
which would impede response if said conditions develo
p apparatus res p..
Responsibility to rest with Winter Island Commission.
2 . No open camp fires will be permitted.
Respectfully submitted ,, �
( Captain David J. Go in
\ cc: Building Inspector Salem Fire VTarshal
file
Form # 105