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10 WHITE STREET - BUILDING INSPECTION _ J UPC 10333 No. 153L-3 HASTINGS.MN 43 Turner Street, Salem,MA 01970 March 14, 2009 David Slagle, Environmental Analyst MassDEP Waterways Program One Winter Street 5`s Floor Boston,MA 02108 Re: Waterways License Application Number W09-2609 Hawthorne Cove Marina Dear Mr. Slagle, Thank you for sending me copies of the"PLAN ACCOMPANYING THE PETITION OF: HAWTHORNE COVE MARINA, MARINA BUILDING REPLACMENT, SALEM HABOR, SALEM, MA,JANUARY 2009." We are submitting this letter to you within the required 30 days,hoping you will be able to address problems we have with the proposed plan. Our home at 43 Turner Street directly abuts the Marina, on the lot identified as"Robert A. &Diane L. Guethlen." We are very concerned to see that the Portable Shed and Portable Building,which are behind our yard and those of our neighbors,are slated to remain on their present,respective sites. These buildings pose serious health and property risks. We want them moved away from our homes as part of the building replacement design. When people work on their boats in these buildings,they use paints and other solvents that produce noxious fumes and VOCs in a residential neighborhood. When we walk out our back door many days from April through November,we have to jump back in. It feels like someone has stuck a sock in our throats and/or the odor is so bad that we cannot be in the yard at all. These activities and the chemicals stored in these areas also pose a severe fire risk to our home and those in the general,historic Derby Street neighborhood. A frightening example happened last year when the very fire that destroyed the properties to be rebuilt in this plan broke out. It required a number of phone calls to the Salem Fire Department before help arrived at the Marina. As we loaded up our cars with "valuables," including our pet dog and cat,the flames rose higher and ever closer to our 1730's antique Georgian Colonial. We knew our home, which was restored to period with a wood roof and clapboards, would go up in minutes if sparks blew in our direction.The same was true for all the other wooden buildings on the street,including the historic landmark, The House of Seven Gables. When we heard a month ago that a plan for rebuilding was being designed, Linda personally visited the manager of Hawthorne Cove Marina to voice our concerns and request the buildings be moved away from our backyards. The Marina manager said it wasn't too late to consider that option and that he would communicate the issues to Russ Vickers,the owner, of Hawthorne Cove Marina, when he returned from vacation. He even suggested that there was land on the opposite side,away from any homes,that may be a good alternate site. This petition for a marina building replacement at Hawthorne Cove Marina should address the emissions of noxious fumes and VOCs coming from the marina and minimize fire risks in this residential historic neighborhood. Thank you for your consideration of this matter. Sincerely, 7 Linda and Douglas Haley DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M. G. L. Chapter 91 Waterways License Application Number W09-2609 Hawthrone Cove Marina NOTIFICATION DATE: March 4, 2009 Public notice is hereby given of the application by Hawthrone Cove Marina to reconstruct and maintain a marina support building, and install utilities to the proposed building at 10 White Street in and overfilled tidelands of Salem Harbor. The proposed use.of the project_.._:. i isto provide for marina support operations and is a water dependent project. The Department will consider all written comments on this Waterways application received by within 30 days subsequent to the "Notification Date". Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). F Additional information regarding this application may be obtained by contacting the t Waterways Regulation Program at (617) 292-5500. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by r appointment only, at the address below. 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JORDAN ."°°'• �Iy1�LyF�4,� GiAgp�S55 °r ' °° NDRiNRUP , PLAN In OF 190.10 I•' TNG GRANITE WALL O n TURNER SIRE Y ; m,ae � .. N {•' fro N VARIABLE —� = R- .70 (PUBLIC- /r-,a& -a #2 ,a > :."-v, 1{. ':. 'h• t m =1.F 0 CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL ���r111V6pp %a 120WAsi INGIoNSINT1 ♦ SAI.i,:ni,,5(\stiA(:Iaaizri_c07970 Fr1r:978-619-5685 FAX:978-740-0404 Kmmrw.r:v DRIScol.I, hlAroe n ti r m February 1, 2012 C/)i= >r^ r at Decision i n City of Salem Zoning Board of Appeals Petition of BHCM, INC. D/B/A BREWER HAWTHORNE COVE MARINA requesting Variances from front, side and rear yard setback requirements to construct a new building on 10 WHITE STREET and 57 REAR TURNER STREET related to the boat yard/marina use of the property(I, R-2 and B-1). A public hearing on the above Petition was opened on November 16, 2011 pursuant to Mass General Law Ch. 40A, § 11. The hearing was continued to January 18, 2012 and closed on that date with the following Zoning Board of Appeals members present: Annie Harris (acting as chair), Richard Dionne, Jamie Metsch,Jimmy Tsitsinos and Bonnie Belair. Petitioner seeks a Variance pursuant to Section 4.0 of the City of Salem Zoning Ordinances. Statements of fact: 1. Attorney George W. Atkins III represented petitioner BHCM, Inc. (DBA Brewer Hawthorne Cove Marina) at the hearing. 2. In a petition date-stamped October 26, 2011, petitioner requested a Variance pursuant to Sec. 4.0 of the Salem Zoning Ordinance to construct a new building on 10 White Street and 57 Rear Turner Street related to the boat yard/marina use of the property. 3. Accompanying the application form was a statement attesting to the unusual shape of the parcel, waterfront soil conditions, mixed zoning of the site, and limited access at the end of White Street, and stating that enforcement of the dimensional regulations of the Salem Zoning Ordinance would result in hardship because the petitioner would not be "reasonably able" to use the property for a marina and boatyard. 4. The Board received three letters from residents opposed to the project, and one in support. 5. At the hearing on January 18, 2011, numerous neighbors spoke about the petition, several in favor of it and several against it. View was a commonly cited reason for both support and a • 6. opposition, with some neighbors preferring the view offered by the proposed new building, and others preferring that of the previous marina structure. 7. Also at the January 18 hearing, Attorney Atkins stated that the proposed location for the new building was operationally best for the marina, and would have the least impact on views in the neighborhood. A view corridor study and shadow study were submitted at the hearing. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Literal enforcement of the provisions of the Zoning Ordinance would require the applicant to place the building in such a location the Board finds to be less appropriate than the one proposed. The view analysis presented showed that impact of views from the neighborhood would be lessened if the building were placed where proposed. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since impacts to the neighborhood were shown to be less substantial if sited as proposed rather than where it would be allowed by right. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted four (4) in favor (Harris, Metsch, Dionne and Tsitsinos) and one (1) opposed (Belair), to grant the requested Variance under Section 4.0 of the Ordinance to allow construction of a marina building as shown on the plans submitted, subject to the following terms, conditions and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. l_ 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. The existing Quonset but is to be removed from the property. Wy— eft 0 f 7(— Annie LAnnie Harris, Salem Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY 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 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.