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0 WINTER ISLAND ROAD - BUILDING INSPECTION (2) WINTER- ISI AND` 'L i COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200 DEVALPATRICK RECEIVED IAN A. BOWLES Governorr Secretary TIMOTHY P.MURRAY FEB 2 6 Zpp) ARLEEN O'DONNELL Lieutenant Governor Commissioner DEPT.OF PI"NG 6 COMMUIMOE1l�OPMENf February 16, 2007 In the Matter of the ) Salem Winter Island Road City of Salem ) RTN 3-18002 ) File No.: ACOP-NE-06-3AO41 City of Salem 120 Washington Street Salem, MA 01970 Attention: Kimberly Driscoll, Mayor Dear Ms. Driscoll: Attached for signature are two copies of the Administrative Consent Order with Penalty (ACOP) documenting the settlement agreement between the Massachusetts Department of Environmental Protection(MassDEP) and the City of Salem. Please sign and fill in your Federal Employee Identification Number on both copies of the ACOP and return both copies to this office within ten (10) days of your receipt of this letter. Both copies of the ACOP will be signed here and one fully executed copy returned to you. The Consent Order will become effective as of the date of MassDEP's signature. You will then be expected to pay.the administrative penalty and comply with any requirements stated in the Disposition and Order section of the document. Please note that, if you do not agree to sign the ACOP, you must notify MassDEP in writing within 10 days of receipt of this letter. If you do not respond in any fashion within this time period, MassDEP will assume that you do not intend to sign the ACO. In any case, if you do not sign the ACO, MassDEP will issue a demand for payment of a significant Administrative Penalty. Should you refuse to pay the penalty issued to you, MassDEP will proceed to collect the debt to the Commonwealth. The debt may be referred either to a collection agency, to the This info rmaIn.is available in alternate formal.Call Donald AI.Gomes,ADA Coordinator a1617-556-1057.TDD Service-1-800-298-2207. hup://www.mass.gov/dep•Fax(978)694-3499 �� Printed on Recycled Paper In the Matter of the City of Salem Salem, Winter Island Road Massachusetts Attorney General's Office for collection,or to the State Comptroller's Office for collection and interception of other money due to you from the state. In the event of nonpayment MassDEP is entitled to assess and collect u to three times the amount of the of a final penalty, P final penalty, plus interest and costs, from the time the penalty became final, plus attorney's fees, including fees directly incurred from penalty collection, pursuant to M.G.L. c. 21 A, §16. If you have any questions,please contact Paegan Deering at(978)694-3382. Yours truly, Stephen Johns /n Deputy Regional - ector Bureau of Waste Site Cleanup cc Thomas St. Pierre, Engineer, City of Salem Michael Geisner, LSP,by electronic mail File COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the Matter of the ) Salem Winter Island Road City of Salem ) RTN 3-18002 File No.: ACOP-NE-06-3A041 ADMINISTRATIVE CONSENT ORDER WITH PENALTY AND NOTICE OF NONCOMPLIANCE 1. THE PARTIES 1. The Department of Environmental Protection ("MassDEP") is a duly constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21 A, § 7. MassDEP maintains its principal office at One Winter Street, Boston, Massachusetts 02108, and its Northeast Regional Office at 205B Lowell Street, Wilmington, Massachusetts. 2. The City of Salem ("Respondent") is the owner of the Winter Island Road property in Salem Massachusetts, designated as Map 43, Lot 1 on the City of Salem Assessor's Map. Respondent's mailing address for purposes of this Consent Order is 120 Washington Street, Salem, MA 01970. II. STATEMENT OF FACTS AND LAW 3. MassDEP is responsible for the implementation and enforcement of M.G.L. c. 21E and the Massachusetts Contingency Plan(MCP) at 310 CMR 40.0000. MassDEP has authority under M.G.L. c. 21 A, § 16 and the Administrative Penalty Regulations at 310 CMR 5.00 to assess civil administrative penalties to persons in noncompliance with the laws and regulations set forth above. 4. 310 CMR 40.0560(2) states in part that, except as provided by 310 CMR 40.0530(6), 310 CMR 40.0560(3), or otherwise ordered or agreed to in writing by MassDEP, a Responsible Party (RP), Potentially Responsible Party (PRP), or Other Person (OP) undertaking response actions at a Tier II disposal site shall submit the following documents to MassDEP by the following deadlines: (a) a scope of work for a Phase 11 - Comprehensive Site Assessment prior to the implementation of Phase II field work, unless the Phase II field work had been implemented prior to Tier Classification; (b) Phase II - Comprehensive Site Assessment ("Phase 11 Report"), and, if applicable, a Phase III Remedial Action Plan ("Phase III Report"), within two (2) years of the effective date of Tier Classification; (c) a Phase IV Remedy Implementation Plan ("Phase In the Matter of the City of Salem Page 2 ACOP-NE-06-3A041 IV Report") within three (3) years of the effective date of Tier Classification; and (d) a Response Action Outcome ("RAO") Statement within five (5) years of the effective date of Tier Classification. 5. Respondent is a current owner and/or operator of the Property located at Winter Island Road, Salem, Massachusetts at or from which there is or has been a release and/or threat of release of oil and/or hazardous material pursuant to M.G.L. c. 21E ("Property"). For purposes of this Consent Order, "Site" shall mean the Property, and any other place or area where the release of oil and/or hazardous material at or from the Property has come to be located. 6. The following facts have led MassDEP to issue this Consent Order: A. On February 17,1999, during the removal of a 2,000-gallon gasoline underground storage tank from the Winter Island Recreation Area, evidence of a release of oil and/or hazardous material was observed. MassDEP assigned release tracking number(RTN) 3- 18002 to the reported release. B. On February 24, 2000, MassDEP received a Phase I Initial Site Investigation. C. On March 3, 2000, MassDEP received a Tier II Classification Submittal for the Site. D. As of March 3, 2002, Respondent was overdue for submittal of a Phase II Report and a Phase III Report. E. As of March 3, 2003, Respondent was overdue for submittal of a Phase IV Report. F. As of March 3, 2005,Respondent was overdue for submittal of an RAO Statement and a Tier 1I Extension Submittal. G. On May 20, 2005, MassDEP issued a Notice of Noncompliance (NON)to Respondent for failure to submit(1) a Phase II Report and a Phase III Report within two years of Tier Classification as is required by 310 CMR 40.0560(2)(b), (2) a Phase IV Report within three years of Tier Classification as is required by 310 CMR 40.0560(2)(c), (3)a RAO Statement within five years of Tier Classification as is required by 310 CMR 40.0560(1) and 40.0560(2)(d) and (4) a Tier II Extension as is required by 310 CMR 40.0170(5)(a)and 40.0560(7). H. As of February 8, 2006, Respondent has not submitted a Phase II Report, a Phase III Report, a Phase IV Report, an RAO Statement or a Tier II Extension Submittal. Based upon the above facts, MassDEP has determined Respondent violated M.G.L. c. 21E and the Massachusetts Contingency Plan regulations cited above. r In the Matter of the City of Salem Page 3 ACOP-NE-06-3A041 III. DISPOSITION AND ORDER For the reasons set forth above, MassDEP hereby issues, and Respondent hereby consents to, this Order: 7. The parties have agreed to enter into this Consent Order because they agree that it is in their own interests, and in the public interest, to proceed promptly with the actions called for herein rather than to expend additional time and resources litigating the matters set forth above. Respondent enters into this Consent Order without admitting or denying the facts or allegations set forth herein. However, Respondent agrees not to contest such facts and allegations for purposes of the issuance or enforcement of this Consent Order. 8. MassDEP's authority to issue this Consent Order is conferred by the Statutes and Regulations cited in Part II of this Consent Order. 9. Unless a Downgradient Property Status (DPS) Submittal or Response Action Outcome (RAO) Statement is submitted earlier, Respondent shall submit the following to MassDEP on or before the deadlines established herein: A. By March 30, 2007, Respondent shall submit to MassDEP a Tier 11 Extension submittal which meets the requirements of 310 CMR 40.0560(7). B. By September 30, 2007,Respondent shall submit to MassDEP a Phase 11 Report which meets the requirements of 310 CMR 40.0830. C. By December 30, 2007, Respondent shall submit to MassDEP a Phase III Report which meets the requirements of 310 CMR 40.0850. D. By March 30, 2008, Respondent shall submit to MassDEP a Phase IV Report which meets the requirements of 310 CMR 40.0870. E. By December 30, 2008, Respondent shall submit to MassDEP an RAO Statement which meets the requirements of 310 CMR 40.1000 or a Remedy Operation Status Submittal which meets the requirements of 310 CMR 40.0890. 10. Except as otherwise provided, all notices, submittals and other communications required by this Consent Order shall be directed to: Stephen M. Johnson, Deputy Regional Director Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 Such notices, submittals and other communications shall be considered delivered by Respondent upon receipt by MassDEP. 11. Actions required by this Consent Order shall be taken in accordance with all applicable federal, state, and local laws, regulations and approvals. This Consent Order shall In the Matter of the City of Salem Page 4 ACOP-NE-06-3A041 not be construed as, nor operate as, relieving Respondent or any other person of the necessity of complying with all applicable federal, state, and local laws, regulations and approvals. 12. For purposes of M.G.L. c. 21A, § 16, and 310 CMR 5.00, this Consent Order shall also serve as a Notice of Noncompliance for Respondent's noncompliance with the requirements cited in Part II above. MassDEP hereby determines, and Respondent hereby agrees, that the deadlines set forth above constitute reasonable periods of time for Respondent to take the actions described. 13. Respondent is assessed a civil administrative penalty in the amount of Ten Thousand Dollars ($10,000) for the violations identified in Part II above, as follows: A. Within sixty (60) days of the effective date of this Consent Order, Respondent shall pay to the Commonwealth the sum of Two Thousand Five Hundred Dollars ($2,500); B. If Respondent violates any provision of this Consent Order, or further violates any of the regulations cited in Part II above, Respondent shall pay to the Commonwealth the remaining suspended penalty amount of Seven Thousand Five Hundred Dollars ($7,500) within thirty (30) days of the date MassDEP issues Respondent a written demand for payment. 14. Respondent understands, and hereby waives, its right to an adjudicatory hearing before MassDEP on, and judicial review of, the issuance and terms of this Consent Order and to notice of any such rights of review. This waiver does not extend to any other order issued by MassDEP. 15. This Consent Order may be modified only by written agreement of the parties hereto. 16. The provisions of this Consent Order are severable, and if any provision of this Consent Order or the application thereof is held invalid, such invalidity shall not affect the validity of other provisions of this Consent Order, or the application of such other provisions, which can be given effect without the invalid provision or application, provided however, that MassDEP shall have the discretion to void this Consent Order in the event of any such invalidity. 17. Nothing in this Consent Order shall be construed or operate as barring, diminishing, adjudicating or in any way affecting (i) any legal or equitable right of MassDEP to issue any additional order or to seek any other relief with respect to the subject matter covered by this Consent Order, or(ii) any legal or equitable right of MassDEP to pursue any other claim, action, suit, cause of action, or demand which MassDEP may have with respect to the subject matter covered by this Consent Order, including, without limitation, any action to: (a)enforce this Consent Order in an administrative or judicial proceeding; (b)recover costs incurred by MassDEP in connection with response actions conducted at the Site; and (c) recover damages for injury to and for destruction or loss of natural resources pursuant to M.G.L. c. 21E, § 5 or 42 U.S.C. 9601, et seq. Nothing in this Consent Order shall be construed or operate as barring, diminishing, adjudicating or in any way affecting MassDEP's authority to: (a) perform response actions at the Site or(b) require Respondent to conduct response actions at the Site or take other actions beyond those In the Matter of the City of Salem Page 5 ACOP-NE-06-3A041 required by this Consent Order in order to comply with all applicable laws and regulations including, without limitation, M.G.L. c. 21 E and the MCP. 18. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating, or in any way affecting, any legal or equitable right of MassDEP or Respondent with respect to any subject matter not covered by this Consent Order. 19. This Consent Order shall be binding upon Respondent and upon Respondent's heirs, successors and assigns. Respondent shall not violate this Consent Order and shall not allow or suffer Respondent's employees, agents, contractors or consultants to violate this Consent Order. Until Respondent has fully complied with this Consent Order, Respondent shall provide a copy of this Consent Order to each successor or assignee at such time that any succession or assignment occurs. 20. In addition to the penalty set forth in this Consent Order (including any suspended penalty), if Respondent violates any provision of the Consent Order, Respondent shall pay stipulated civil administrative penalties to the Commonwealth in the amount of$1,000 per day for each day, or portion thereof, each such violation continues. Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall continue to accrue until the day Respondent corrects the violation or completes performance, whichever is applicable. Stipulated civil administrative penalties shall accrue regardless of whether MassDEP has notified Respondent of a violation or act of noncompliance. All stipulated civil administrative penalties accruing under this Consent Order shall be paid within thirty (30) days of the date MassDEP issues Respondent a written demand for payment. If a court judgment is necessary to execute a claim for stipulated penalties under this Consent Order, Respondent agrees to assent to the entry of such judgment. If simultaneous violations occur, separate penalties shall accrue for separate violations of this Consent Order. The payment of stipulated civil administrative penalties shall not alter in any way Respondent's obligation to complete performance as required by this Consent Order. MassDEP reserves its right to elect to pursue alternative remedies and alternative civil and criminal penalties which may be available by reason of Respondent's failure to comply with the requirements of this Consent Order. In the event MassDEP collects alternative civil administrative penalties, Respondent shall not be required to pay stipulated civil administrative penalties pursuant to this Consent Order for the same violations. Respondent reserves whatever rights it may have to contest MassDEP's determination that Respondent failed to comply with the Consent Order and/or to contest the accuracy of MassDEP's calculation of the amount of the stipulated civil administrative penalty. 21. Respondent shall pay all civil administrative penalties due under this Consent Order, including suspended and stipulated penalties, by certified check, cashier's check, or money order made payable to the Commonwealth of Massachusetts. Respondent shall clearly print on the . face of its payment Respondent's full name, the file number appearing on the first page of this Consent Order, and the Respondent's Federal Employer Identification Number, and shall mail it to: In the Matter of the City of Salem Page 6 ACOP-NE-06-3A041 Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 3982 Boston, Massachusetts 02241-3982 Respondent shall simultaneously mail a copy of the payment to: Stephen M. Johnson, Deputy Regional Director Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 In the event Respondent fails to pay in full any civil administrative penalty as required by this Consent Order, then pursuant to M.G.L. c. 21A, § 16, Respondent shall be liable to the Commonwealth for up to three (3) times the amount of the civil administrative penalty, together with costs, plus interest on the balance due from the time such penalty became due and attorneys' fees, including all cnsts and attorneys' fees incurred in the collection thereof. The rate of interest shall be the rate set forth in M.G.L. c. 231, § 6C. 22. Failure on the part of MassDEP to complain of any action or inaction on the part of Respondent shall not constitute a waiver by MassDEP of any of its rights under this Consent Order. Further, no waiver by MassDEP of any provision of this Consent Order shall be construed as a waiver of any other provision of this Consent Order. 23. Respondent agrees to provide MassDEP, and MassDEP's employees, representatives and contractors, access at all reasonable times to Winter Island Road, Salem, Massachusetts for purposes of conducting any activity related to its oversight of this Consent Order. Notwithstanding any provision of this Consent Order, MassDEP retains all of its access authorities and rights under applicable state and federal law. 24. Force Majeure A. MassDEP agrees to extend the time for performance of any requirement of this Consent Order if MassDEP determines that such failure to perform is caused by a Force Majeure event. The failure to perform a requirement of this Consent Order shall be considered to have been caused by a Force Majeure event if the following criteria are met: (1) an event delays performance of a requirement of this Consent Order beyond the deadline established herein; (2) such event is beyond the control and without the fault of Respondent and Respondent's employees, agents, consultants, and contractors; and (3) such delay could not have been prevented, avoided or minimized by the exercise of due care by Respondent or Respondent's employees, agents, consultants, and contractors. B. Financial inability and unanticipated or increased costs and expenses associated with the performance of any requirement of this Consent Order shall not be considered a Force Majeure Event. In the Matter of the City of Salem Page 7 ACOP-NE-06-3A041 C. If any event occurs that delays or may delay the performance of any requirement of this Consent Order, Respondent shall immediately, but in no event later than 5 days after obtaining knowledge of such event, notify MassDEP in writing of such event. The notice shall describe in detail: (i) the reason for and the anticipated length of the delay or potential delay; (ii) the measures taken and to be taken to prevent, avoid, or minimize the delay or potential delay; and (iii) the timetable for taking such measures. If Respondent intends to attribute such delay or potential delay to a Force Majeure event, such notice shall also include the rationale for attributing such delay or potential delay to a Force Majeure event and shall include all available documentation supporting a claim of Force Majeure for the event. Failure to comply with the notice requirements set forth herein shall constitute a waiver of Respondent's right to request an extension based on the event. D. If MassDEP determines that Respondent's failure to perform a requirement of this Consent Order is caused by a Force Majeure event,and Respondent otherwise complies with the notice provisions set forth in paragraph C above,MassDEP agrees to extend in writing the time for performance of such requirement. The duration of this extension shall be equal to the period of time the failure to perform is caused by the Force Majeure event. No extension shall be provided for any period of time that Respondent's failure to perform could have been prevented, avoided or minimized by the exercise of due care. No penalties shall become due for Respondent's failure to perform a requirement of this Consent Order during the extension of the time for performance resulting from a Force Majeure event. 25. The undersigned certify that they are fully authorized to enter into the terms and conditions of this Consent Order and to legally bind the party on whose behalf they are signing this Consent Order. 1 26. This Consent Order shall become effective on the date that it is executed by MassDEP. 27. Respondent's obligations under this Consent Order shall cease upon Respondent's completion of all actions and payments required pursuant to this Consent Order. Consented To: CITY OF SALEM By: Date: Kimberly Driscoll, Mayor FEIN: City of Salem 120 Washington Street Salem, MA 01970 Issued By: DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Date: Richard J. Chalpin, Regional Director Department of Environmental Protection Northeast Regional Office, 205 B Lowell Street Wilmington, MA 01887 JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel: (978)741-4453 Tel: (978)744-9800 Fax: (978)740-0072 Fax: (978)744-7660 Email:jdkeenanlaw@aol.com Email:gilbert®salemlawyer.com TO: TOM ST.PIERRE,BLDG. INSP. CC: STANLEY USOVICZ, MAYOR DOUG BOLLEN, SUPT. PARKS MIKE BENCAL, WARD 6 COUNLO FROM: JOHN KEENAN, SOLICITOR DATE: 10 NOVEMBER 02 RE: WINTER ISLAND TRAILERS As has been past practice, it does appear that there is a need for zoning relief to allow trailers on Winter Island. I believe the more appropriate relief, however, is a variance, not a special permit. There is no special permit trailer use for R-1. As you know, Section 7.1 of the Zoning Ordinance strictly prohibits the use of trailers in the city except for very limited uses. At present, our zoning ordinance does not provide a municipal use exemption. The recodified version does, but that has not yet been approved and adopted by the Council. I have asked the legal department intern, Amy Brann, who reviewed the matter to follow up with Doug Bollen regarding seeking relief from the Board. Do not hesitate to call with any questions. �c.a+enigb �T CtU of �$ttlrm, ttSStttljuSP#t8 3� s �Rottra of 'Perems.W�" IPA 20 3 G0 7 fl '83 FILE4 DECISON ON THE PETITION OF THE CITY OF SALEM FOR A SPECIAL +ITY 6LEGK. : - PERMIT FOR 50 WINTER ISLAND ROAD (R-1 ) A hearing on this petition was held April 19, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting, Luzinski and Strout. 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 City of Salem, as petitioner and owner,requests a Special Permit to allow the overnight camping of not more than sixty (60) recreational vehicles at one time during the summer month for a period of two years. The property, known as Winter Island, is located in an R-1 district. The Special Permit may therefore be granted upon a finding of the Board of Appeal 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 careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The proposed use will in no way limit the public's access to the site and revenue generated by the proposed use will benefit the City and provide funds which will allow greater access by the public. 2. The past performance of the owners of the recreational vehicles that utilize Winter Island has proven to be excellent. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concluded that the proposed use will promote the public health, safety, convenience and welfare of the City's inhabitants and that the proposed use is in harmony with the Zoning Ordinance. Accordingly, the Baord of Appeal voted unanimously, 5-0, in favor of granted the Special Permit requested in subject to the following terms and conditions: 1 . Overnight parking of not more than sixty (60) receational vehicles at one time shall be permitted during the period May 1 to October 15, 1989 & 1990. 2. Location of said vehicles shall be approved by the Salem Fire Dept. GRANTED Peter Strout, Member, Board of Appeal niPc'AL FEO:,1 ?H:5 C.Cl:li;:`;, ni.Y. SHA!L BE ':'ADE PJRSUANT TO SECTION '17 OF THE GEN''IAL LAWS. C10..PiE7 ED3. P.i'D SPIALL BE iiL'D .0IIIN 20 DAYS AFTCR THE DATE OF Fiii:J i OF THIS DECISION IN THE OFFI�c CF THE CITY CLERK. PT12ANT TO I4AC3. GENERA'_ !A•'!D. Ck AFTER 893, 3ECTI^:1 11, THE VARIANCE OR SPECIAL PE^ 1IT GRANTED HEREIN, SHALL NCI TAKE EFFECT UNTIL A CCPV OF THE DECISION. BEAMNF ^.E r:RT- FICATiJN OF THE CMIY CLERK 7HAi 29 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED. OR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DIS`AISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA.:E OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. COMMONWEALTH OF MASSACHUSETTS = EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office J � ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SWIFT LAUREN LISSS Lieutenant Governor Commissioner MAR 2 6 2002 Mr. Tom St.Pierre Building Inspector c/o City of Salem, 120 Washington Street, 3`d Floor Salem, MA 01970 RE: Proposed construction of an 8'x12' watch standing shed, Winter Island, Salem Harbor, Salem, MA Dear Mr. St.Pierre: Thank you for the information you provided to the Department on March 12, 2002 in regards to the above referenced proposal. The Department has determined that a new Chapter 91 license will not be required for construction of the watch standing shed. The Department considers the placement of this building as a minor project modification as described under 310 CMR 9.22 of the regulations. Should you have any questions,please me at(978) 661-7778. Sincerel 11 . Pr �q1""j to ovencal mental nvironAnalyst Wetlands and Waterways Program cc: Salem Harbormaster, Winter Island, Salem, MA 01970 Salem Conservation Commission, City Hall, Salem, MA 01970 This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington, MA 01887 •Phone (978)661-7600•Fax (978)661-7615 •TDD# (978)661-7679 ZJ Printed on Recycled Paper � w CITY OF SALEM, MASSACHUSETTS HUMAN RESOURCES DEPARTMENT ELIZABETH M. RENNARD DIRECTOR OF HUMAN RESOURCES NOTICE OF TEMPORARY VACANCY HOUSING REHABILITATION INSPECTOR(S) Department of Planning and Community Development City of Salem, Massachusetts The City of Salem seeks part-time Housing Rehabilitation Inspector(s) to provide initial, periodic and final inspection of 1-4 family homes. Individual(s) will inspect properties for health and safety rehabilitation needs; prepare work write-ups and cost estimates; assist homeowners in identifying contractors; monitor construction; and approve loan requisitions. This is a temporary position reporting to the Director of Planning and Community Development. Candidates must have 3-5 years of related work experience and thorough knowledge of construction, state and local building/sanitary codes; strong verbal, written and negotiation skills and computer literacy. Preferred: college degree and/or technical experience and construction license; prior work experience in a federal or state funded housing rehabilitation program and experience conducting property inspections and preparing written work specifications. Applicants should send and/or;fax a resume and cover letter no later than May 17, 2002. All resumes and inquiries for additional information should go to the Human Resources Department, City of Salem, 93 Washington Street, Salem, MA 01970, (978) 745-9595, ext. 220, Fax - (978) 744-1279. The City of Salem does not discriminate on the basis of race, color, national origin, gender, sexual orientation, age, religion, familial status or disability. AA/EOE SALEM CITY HALL•93 WASHINGTON STREET-SALEM, MA 01970-3592•9781,745-9595• FAX 978/744-1279•TTY 978/744-4115 Commonwealth Of Massachusetts City of Salem Map: Block: Lot: 45 0090 In Accordance With Massachusetts State Building Code 780 Cmr, Section 106. 5, Table 106 CERTIFICATE OF INSPECTION is issued to CAMPBELL REALTY TRUST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Certify that I have Inapected the (A3) PREMISES , . , known as Willows Arcade . , . . located at 0167 FORT AVENUE. in the City of Salem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Means Of Egress Are Sufficient For The Following Number Of Persons: BY STORY Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location Place of Assembly or Structure v Capacity Location A3 100 1st level 21-2002 05/21/2002 05/21/2003 Certificate Number Date Certificate Issued Date Certificate Expires Building Official **A COPY OF THIS CERTIFICATE MUST BE POSTED IN CLEAR VIEW NEAR ALL ENTRANCES Ilei THE COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM Periodic Inspection Renewal Notice In accordance with the Massachusetts Building code 780 CMR, this is to advise you that it is time to renew your Certificate of Inspection. PROPERTY ADDRESS: 1 (o PROPERTY OWNER: C4�dell -�ea.l�4 T�-oS 1` BUSINESS NAME: (A-) l bw"� 4-2C t9�2 BUSINESS PHONE: ( 97F-) 7`i-'� — !�7/3 BUSINESS OWNER: Caa,pie rises, -T''C , ADDRESS: l S� D� /(VG �Q%e'», MA, 607D TELEPHONE: ( �� 1 �� 7/3 The building official shall be notified within(10)days of any changes in the above information. H O.� City of Salem Fee Due: $ BU11 DING DEPARTMENT Return this application with your check to: City Hall Annex (Make checks payable to CITY OF SALEM) One Salem Green Salem,Massachusetts 01970 Applicant's Signa Title Date Department use only: Dau Paid Check# ( < ti 14 Certificate Number 1 - 09— Building Inspector ✓(�u✓�- 6 c' r To: Mr. Leo Tremblay,Building Inspector From: Michael Bencal,Deputy Collector 26 February 1998 W RE: Permanent Campsite on Winter Island In the course of my duties I have come across a situation that needs to be addressed. On Winter Island there appears to be a camper that has been set up for a permanent residence. The island director,Mr. Gary Moore, has told me that he has allowed Mr. Casey Murphree to live on the island in return for security services provided by Mr. Murphree. It is my understanding that the Board of Appeal in granting a variance, to allow overnight camping, stipulated that that there would be no permanent campsites allowed. Should this be the case,then Mr. Murphrees residence is in violation and should be removed. Your help in resolving this matter will be greatly appreciated., 1chae en Deputy Collector cc file . �� � � . , �/_ ., �` C7 v_ �� lR/ vg�cotw�r CITY OF SALEM,MASSACHUSETTS ,a M pRecepartreation Dark meat Winter Island 50 Winter Island Road Salem,Massachusetts 01970 Gary Moore (508)745-9430 E.Lawrence McIntire Manager Fax:740-9299 Superintendent M,i1 chi 2,5 1906 Leo E. Tremblay . Inspector of Buiidinas Salem Public Property E. Lawrence McIntire . Superintendent ( Salem Park and Recreation Department RE: Security Proaram at Winter Island Park Please be advised that Mr . Casey Murphree has been employed by this Department to serve as the overnight security person at Winter Island Park . Mr . Murphree replaced Mr . Richard Jodrie who vacated the position in August of 1997, having served in that position for the previous ten ( 10 ) years. Mr . Murphree is the fourth person to serve in this position since it was established in 1984 by the then Winter Island Commission and has been reaffirmed by the Park and Recreation Commission . This conponent of the Park's security program has proven vitally important to the success of the Park as a safe venue for visiting guests during the camping season and equally important for the security of stored boats and public property during the offseason . Mr . Murphree occupies his own trailer and provides a security watch function for the Park under the direction of Park Manager Gary Moore . He has been instructed on security policy and knows when to notify Mr . Moore or call the Salem Police to resolve security situations beyond his .iob description . cc Salem Police Department Gary M. Moore . Manager Winter Island Park r J .t i P•0�fpiM^ (1�itn of _1�ulem, � Httsstt�huset ' cF, �-r. `F,__; �nnra of �u}teul .91 APR —3 p3 :0N DECISION ON THE PETITION-OF—THE CITY OF SALEM FOR A SPECIPTY CL;;7p;'c, OFFTE PERMIT AT-50 WINTER _ISLAND_ROAD (RC) SAW-1 � •; ; A hearing on this petition was held March 20, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Secretary; Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur Labrecque. 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. Petitioners, owners of the property, are requesting a Special Permit to allow the overnight parking of not more than sixty (60) recreational vehicles between the months of May and November each year of the permit period of five (5) years, through and including the 1995 season. 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 detri- mental 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 granted upon 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 careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The proposed use will not limit the public's access to the site and the revenue generated by the proposed use will benefit the City and provide funds which allow greater access by the public. 2. Past performance of the Commission and owners of the recreational vehicles utilizing Winter Island has been excellent. 3. A letter in support of the proposal was submitted by the Park and Recreation Commission. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: f DECISION ON THE PETITION OF THE CITY OF SALEM FOR A SPECIAL PERMIT AT 50 WINTER ISLAND ROAD, SALEM page two 1 . The proposed use will promote the public health, sa et; welf'a!re and convenience of the City's inhabitants. '91 APR -3P jj�� 2. The proposed use is in harmony with the Zoning rrO��r77dinance of J6: Ly of Salem. Therefore, the Zoning Board of Appeal voted unanimotl5l CLf�rd' taFJdOnt the Special Permit requested, subject to the following conditions: 1 . Overnight parking of not more than sixty (60) recreational vehicles at one time shall be permitted during the May to November period for five (50) years. 2. Location of said vehicles shall be approved by the Salem Fire Department. 3. All requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 4. Proposed use will in no way limit public access and use. 5. Petitioner obtain approval from any other City Boards and/or Commissions having ,Jurisdiction, including, but not limited to, the Park and Recreation Commission. SPECIAL PERMIT GRANTED March 20, 1991 J chard A. Bencal, Chairman 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 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. Pursuant to Mass. General Laws, Chapter 808, Section 11,the Variance or ?pecial Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF AppM "'`°N° CITY OF SALEM a , � a 7 In City Council,____January_8, 1987 _____---------- Af�ihMe V°+� Ordered: That the Planning Department, prior to authorizing the beginning of the Winter Island Renovation project, acquire the services of a ccnpetent "Clerk of the Works" for the project. AND BE IT FURTHER ORDERED: That said "Clerk of the Works" be approved by the Director of Public Property and the City Council. AND BE IT FURTHER ORDERED: That said "Clerk of the Works" file a written monthly progress report of the project with the City Council for our review. o X_ — vz T. C.,1 m f—— Z7 if1 G In City Council January 8, 1987 :z uc:a Adopted ^ - , Approved by the Mayor on January 12, 1987 ATTEST: JOSEPHINE R. FUSCO Form 5 _ OEOE File97 (To —� (7o be prov�dped tdE) Commonwealth Cityrrown SALEM of Massachusetts ma Sou d ,9 ,v pment s— Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From SALEM CONSERVATION CONL2ISSION To Salem Sound Development City of Salem, c/o Winter island Conan. ` (Name of Applicant) (Narne of property owner) Address 23 Congress Street, Salem Address City Hall, Salem This Order is issued and delivered as follows: ❑ Eby hand delivery to applicant or representative on (date) xx© by certified mail,return receipt requested.on November 7, 1983 (date) This project is located at Fainter Island, Salem, - J The property is recorded at the Registry of Essex Book Page Certificate(it registered) The Notice of Intent for this project was filed on --October 3, 1983 - (date) 13 October 1983 The public hearing was closed on , (date) Findings The SALEM CONSERVATION COMMISSION has reviewed the above-referenced Notice of Intent and pians and has held a public hearing on the project.Based on the information available to the CONSERVATION COMMISSION at this time,the COMMISSION _ has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply xQ Storm damage prevention ❑ Private water supply ❑ Prevention of pollution O Groundwater supply xf3 Land containing shellfish ❑ Flood control x€3 Fisheries 5 1 " �B n Therefore,the SALEM CONSERVATION COMMISSION hereby finds that the following conditions are " necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above.The CONSERVATION COM11ISSION . in accordance with said conditions and with the Notice of Int orders that all work shall be performed lowing conditions modify or differ from the plans,specifications or other proced posals s o the extent that the fol- of Intent the conditions P submitted , nddibns shall control, with the Notice General Conditions 1. Failure to Comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive.privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local Statutes,ordinancas, by-laws or regulations. d. The work authorized 'hereunder shall be completed within three years from the date of either of the following apply; . this Order unless (a) the work is a maintenance dredging project as provided for in the Act;or . r (b) the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance and both that date and the special circumstances warra the extended time period are set forth in this Order. nting 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 4 6, . Any fill used in connection with this project shall be clean fill,'containing no trash,refuse, rubbish orde- bris,including but not limited to lumber, bricks, plaster,wire,lath,paper,cardboard,pipe, Gres, ashes, - refrigerators,motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until at;administrative appeal periods from this Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department have been completed. ` 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Ordershall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which theose ro P p d work is to be done. In the case e of registered st er.d Ian d theFinalOrder shall noted on the Land Court Certificate of Title of the'owner of the land upon which the proposed wort;is to be done.The recording information f shall be submitted mill on the form at the end of this Order prior to commencement of the work ed to the Co�L�tl_ SSIpN _ 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality File Number 64-97 ty Engineering, 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein,the applicant sha!I forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: 5-2 Plans: Title Dated Signed and Stamped by: On File with: Plan Accompany Petition of - Salem Sound Development to . Construct and Maintain a Timber Pi r ci i y in Salem MA. (3 sheets) 9-21-83 Daniel J. Lynch, x23331 Conservation Comm_ . (S'�„>Pt 1--Prn�ncaA T'mhcr_Rosi _ I Pile Bend Pier Elevation and section Sheet 2--Plan of Marina and Pier Sheet 3--Typical Sections--marina Float System) USCG Sheet #57 "Marblehead North" Special Conditions(Use additional paper it necessary) 13. - Work shall conform to the above-referenced-plans- 0 bove-refere - ° anted-plans_ C3 14' N' fueling facilities shall be installed without a new filing- .'. �__- I U. - ."1 •.' 15. No dredging shall be performed without a new filing. a. r t lo. Coast Guard approved oil absorbent materials shall be stored osi 'sa.te 17_ Calculations for the stability of the proposed pier shall be submitted to the Commission for approval prior to the commencement of work. 18. Pile-drive records shall be provided to the Commission within fifteen days of the commencement of work. C19.- Any site modifications not designated on the submitted plans (dated-September 21, 1983) within 100' of the mean high water mark shall require an additional - .,filing. 20. `As-built drawings, stamped by a Registered Professional Engineer or Registered Land.Surveyor, shall be submitted to the Commission prior to issuance of a Certifi- tate of Compliance. :.:............................................................................................ .................... ----•- heave Space Blank) C. 5-3A SALEM-CONSERVATION COMMISSION - Issued By Conservation Commission Signature( This Order must be signed by a majority of the Conservation Commission: d 'his_ Z7th. _day of octobE ty 83 before me nr the,i abmye—named � n -sons to me known to bethe�xs�rsonai,�d�peared_ - Ka, on ce�c,:bed.in and who executed tgo he foreing instnament and acknovviedged that hei she executed k"sas rh as'Yjisiherfree act and deed. `,Motaryr llycommiaslenexpires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land is located are hereby notified of their right to,equast the Oepartmant of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order.A copy of the requestsball at the same`une be sent by certified mal or hand delivery to the Conservation Commission and the applicant. - Detach on dotted line and submit to the prior to commencement of worst_ .'•' TO - Issuing Authority Please be advised that the Order of Conditions for the project at Fite Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 on---,t 9,. . If recorded land, the instrument number which identifies this transaaon is It registered land,the document number which identities this transaction in Signature —__ -- _ Applicant { 5-4A R474 720. 595 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE ITROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Peter Haywood Street and No. L 3A Winter Island Rd P.O.,State and ZIP Code Salem Ma 01970 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee - Return Receipt Showing to whom and Date Delivered Return Receipt Showing towhom, ry Date.and Address of Delivery ao TOTAL Postage and Fads - $ a °D Postmark or Date 0. o O Re: Boat Cradles . E o 0. wr w _ STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CUM POSTACE CERTIFIED MAIL FEE AXO CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(sea Irk , r 1:Ifyauwarnthisrecelptpostmarked,sticklhagummedshfivnthe"portion ofthesddreae3lds Of the leaving the receipt attached and present the article at a post office servicewindowor J hand H to your rural carrier.(no extra charge) I 2.if you do not want this receipt postmarked,Slick the gummed stub on the left portion of the addwss aide of the article,date,detach and retain the recetpp and mail the article. '3.If you wan a return receipt,write the cerfiffiedmail number and your name and address on a return receipt card;Form 3il,1,and attach'iffothdfrorit-oftheartideby meanstifthe gomrtiedends H space permits.Dtiterwse,affix to back of article.Endarso front of article RETURN RECEIPT HEnUESTED adjacent to the number. '.4.If you.want delivery restricted to the addressee,or to an amhorind agent of the addressee, endorse RESTRICTED DELIVERY on the from of the entitle. G.Enter tees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the appItuble blocks In Item 1 of Farm 3811, 6.Save this receipt and present it if you make inquiry. •SENDER:Complete items 1,2,3,and 4. Add your address in the"RETURN TO"space >� on reverse. (CONSULT POSTMASTER FOR FEES) i.The following service is requested(check one). Show to whom and date delivered.................... —2 ❑ Show to whom,date,and address of delivery.. —6 3.❑ RESTRICTED DELIVERY —0 (The restricted deliveryfee is charged in addition to the return receipt fee.) TOTAL S 3.ARTICLE ADDRESSED TO: s Peter Haywood 3A Winter Island Road s Salem,Ma 01970 z 31 4. TYPE OF SERVICE: ARTICLE NUMBER In ❑REGISTERED ❑INSURED S ®CERTIFIED ❑Coo P 474-720-695 ❑EXPRESS MAIL In (Always obtain signature of addressee or agent) tg I have received the article described above. y SIGNATUR ❑ Add ❑ Authorized a nt �+ �c cy c S' DATE OF DELIVERY :POSTMARK > 6.ADDRESSEE'S ADDRESS(On/Y/re9uened) 198.4, T.UNABLE TO DELIVER BECAUSE: -p N , � V %IPRAE � m r UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS I PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Print your rutode,eedrees,elle LP Code In thespace below. OF POSTAGE,$300 • CamP4mR 11,3,ene/onthereverse. US.MAII • AXedItOlRNdt$NdORspseepermib, �O Eadco earde$toCedl otenlab. EntlMe totlW'ytehon ReeNpt Requested" nelacenf to number. RETURN TO i Public Property Department (Name of Sender) 1 Salem Green (Street or P.O. Box) Salem,Ma 01970 (City, State, and ZIP Code) laf �ttlrem, sstt�l�u iii ' � -' �l', ublu ru zxf r �rfinent `�c�,c�ty% - �lIL�iTi$ �P}Ic'tTfT:tYT[f Richard McIntosh 1 Salem Green April 20,1984 745-0213 Francis T. Mayo, Esq 30 Federal Street Re: Winter Island Salem,Ma 01970 Yacht Yard Dear Mr. Mayo: Enclosed you will find a reply to my communication to Mr. Haywood, regarding the operation of the Boat Yard at Winter Island Road. After studying the reply my conclusions are as follows: 1; The use of the Boat Yard is non conforming and rmay be continued, 2. The fiberglassing of boats is part of the non conforming use. 3. The storage of boat cradles is and has been part of the non conforming use may be continued. Y Please feel free to contact me if you have any questions. Very truly yours, Richard T. McIntosh Zoning Enforcement Officer RTM:mo' s cc: William Lundergan Peter Haywood George Nowak . wo Z/ ,9�91 07970 ROBERT W.WELCH 617-744-0637 WILLIAM B.WELCH(1929.1975; WILLIAM J. LUNDREGAN CATHERINE L BEGLEY JANE T. LUNDREGAN OF COUNSEL J. PATRICK BURKE April 18, 1984 n -_ :3 Mr. Richard T_ McIntosh Public Property Department o c CID Building Department +One Salem Green l`r•. o' '4�` Salem, Massachusetts 01970 . } W p Dear Mr. McIntosh: Please be advised that I represent Peter S. Haywood, owner of the Winter Island Yacht Yard, 3 Winter Island Road, Salem, Massachusetts. He has referred to me your letter to him of January 9, 1984. In your letter you advise Mr. Haywood that he is in violation of the Salem Zoning Ordinance by allowing the storage of boat cradles on the site. As you know, there has been a boat yard on this s.ite,. for _several _ years and it is a valid non-conforming use. Boat cradles have always been in use on the site for the storage of boats. The definition of a waterfront boat yard in the. Salem Zoning Ordinance states that it is an open area where boats may be stored and repaired. The storage of boats and the use of cradles for said storage is an essential part of the business and is protected as a non-conforming use under the zoning law. Your letter further states that my client is conducting fabricating and fiberglass operations at the yard "which also may be a violation of the zoning." From that statement I assume that you are not certain whether it is a violation. It is my contention that it is not since the business of a boat yard encompasses the repairing of boats, and most boats today are fiberglass. The use of these materials is essential to my client's business, and is a protected expansion of a non-conforming use under state law. In regards to,the statement regarding the filling in of wetland, I have been informed by my client that he has at no time conducted any filling operations on the site. very truly yo rS, oe WILLI J. LUNDREGAN WJL:mef Cc: Mr. Peter S. Haywood - 2.17 fe,��.c .� •��, �aa��e�,cid07970 ROBERT W.WELCH 617-744-0637 WILLIAM B.WELCH(1929-1975) WILLIAM J. LUNDREGAN JANE T. LUNDREGAN CATHERINE L.BEGLEY OF COUNSEL J. PATRICK BURKE April 18, 1984 ell -C c�r"_; fi Mr. Richard T. McIntosh 0,1-jVn _ Public Property Department u+n LCD - Building Department y< L" One Salem Green TrsF 0% Salem, Massachusetts 01970 ID tse t9 Dear Mr. McIntosh: Please be advised that I represent Peter S. Haywood, owner of the Winter Island Yacht Yard, 3 Winter Island Road, Salem, Massachusetts. He has referred to me your letter to him of January 9, 1984. In your letter you advise Mr. Haywood that he is in violation of the Salem zoning Ordinance by allowing the storage of boat cradles on the site. As you know, there has been a boat yard on this site for several years and it is a valid non-conforming use. Boat cradles have always been in use on the site for the storage of boats. The definition of a waterfront boat yard in the Salem zoning Ordinance states that it is an open area where boats may be stored and repaired. The storage of boats and the use of cradles for said storage is an essential part of the business and is protected as a non-conforming use under the zoning law. Your letter further states that my client is conducting fabricating and fiberglass operations at the yard "whish also may be a violation of the zoning." From that statement I assume that you are not certain whether it is a violation. It is my contention that it is not since the business of a boat yard encompasses the repairing of boats, and most boats today are fiberglass. The use of these materials is essential to my client's business, and is a protected expansion of a non-conforming use under state law. In regards to the statement regarding the filling in of wetland, I have been informed by my client that he has at no time conducted any filling operations on the site. Very /truly yo rs, or WILLI J. LUNDREGAN WJL:mef CC: Mr. Peter S. Haywood _Z m�� Y/ Y/wd 1`17 �e,� .� ` • ���, ./(/LoQedc�i.�de�fd 07970 ROBERT W. WELCH 617-744-0637 WILLIAM B.WELCH(1929-1975) WILLIAM J. LUNDREGAN CATHERINE L. BEGLEY JANE T. LUNDREGAN OF COUNSEL J. PATRICK BURKE April 18, 1984 � G Mr. Richard T. McIntosh Public Property Department ~-m Building Department One Salem Green mtcp Salem, Massachusetts 01970Cn- n. lvi; Dear Mr. McIntosh: Please be advised that I represent Peter S. Haywood, owner of the Winter Island Yacht Yard, 3 Winter Island Road, Salem, Massachusetts. He has referred to me your letter to him of January 9, 1984. In your letter you advise Mr. Haywood that he is in violation of the Salem Zoning Ordinance by allowing the storage of boat cradles on the site. As you know, there has been a boat yard on this site for several years and it is a valid non-conforming use. Boat cradles have always been in use on the site for the storage of boats. The definition of a waterfront boat yard in the Salem Zoning Ordinance states that it is an open area where boats may be stored and repaired. The storage of boats and the use of cradles for said storage is an essential part of the business and is protected as a non-conforming use under the zoning law. Your letter further states that my client is conducting fabricating and fiberglass operations at the yard "which also may be a violation of the zoning." From that statement I assume that you are not certain whether it is a violation. It is my contention that it is not since the business of a boat yard encompasses the repairing of boats, and most boats today are fiberglass. The use of these materials is essential to my client's business, and is a protected expansion of a non-conforming use under state law. In regards to-the statement regarding the filling in of wetland, I have been informed'by my client that he has at no time conducted any filling operations on the site. Very truly yo rs, �� WILLI J. LUNDREGAN WJL:mef CC: Mr. Peter S. Haywood 217 �' � .��ee� • �.,�.n, .��e.�ue,�d 0990 ROBERT W. WELCH 617-744-0637 WILLIAM S.WELCH(1929-1975) WILLIAM J. LUNDREGAN CATHERINE L.BEGLEY J ANE T. LUNDREGAN OF COUNSEL J, PATRICK BURKE April 18, 1984 C1 s G Mr. Richard T. McIntosh tet' Public Property Department C5il Building Department One Salem Green Salem, Massachusetts 01970 c? Dear Mr. McIntosh: Please be advised that I represent Peter S. Haywood, owner of the Winter Island Yacht Yard, 3 Winter Island Road, Salem, Massachusetts. He has referred to me your letter to him of January 9, 1984. In your letter you advise Mr. Haywood that he is in violation of the Salem Zoning Ordinance by allowing the storage of boat cradles on the site. As you know, there has been a boat yard on this site for several years and it is a valid non-conforming use. Boat cradles have always been in use on the site for the storage of boats. The definition of a waterfront boat yard in the Salem Zoning Ordinance states that it is an open area where boats may be stored and repaired. The storage of boats and the use of cradles for said storage is an essential part of the business and is protected as a non--conforming use under the zoning law. Your letter further states that my client is conducting fabricating and fiberglass operations at the yard "which also may be a violation of the zoning." From that statement I assume that you are not certain whether it is a violation. It is my contention that it is not since the business of a boat yard encompasses the repairing of boats, and most boats today are fiberglass. The use of these materials is essential to my client's business, and is a protected expansion of a non-conforming use under state law. In regards to-the statement regarding the filling in of wetland, I have been informed'by my client that he has at no time conducted any filling operations on the site. Very truly yo rs, WILLI J. LUNDREGAN . WJL:mef CC: Mr. Peter S. Haywood FRANCIS TRIMIBUiiL:pako.C,W[�,T TELEPHONES ATTORNEY-AT-LAW 617-944-1146 30 FEDERAL STREET 617,744.1146 SALEM. A.S.M01870 MAR 12 8 ss AM 184 March 9 , 1984 RECEIVED CITY OF SALEM,MASS. Mr. Richard 14cIntosh Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 RE: COMPLAINT OF ZONING ORDINANCE VIOLATION Dear Mr. McIntosh: This letter is to inform you that since your letter dated January 9 , 1984 to Mr. Haywood, a copy of which is attached for your reference, Mr. Haywood has neither removed any of the boat storage cradles nor notified the Pelletiers of any intention to do so. The attention which you have already given this matter is appreciated. Sincerely yours, !!Francis T. Mayo FTM/pcl cc: Mr. and Mrs. William Pelletier Coll I% hi its gf18?rt, ID Richard T. McIntosh One Salem Green 745-0213 January 9, 1984 Peter Haywood Winter Island Yacht Yard Re: Boat Cradles 3A Winter Island Rd. Salem,Ma 01970 R-I Dis`ri.ct Dear Mr. Haywood: Please be aware of the fact that you are in violation of the City of Salem Zoning Ordinance, by allowing the storage of boat cradles on the site. It appears also that you are conducting fabricating and fiberglass operations at the yard which also may be a violation of the Zoning, If during the last ten - fifteen years, you have filled in surround- ing wetlands to enable you to enlarge your business, you are in violation again of the Zoning and possibly Conservation Regulations. You are therefore hereby required to cease and desist from all of your illegal activities, immediately. Failure to comply with any of the above will result in this matter being persued through the courts for their determination. Very truly yours, / RTM:mo's Richard McIntosh cc: CouncillorNowak Francis T. Mayo Certified Mail # P474 720 695 V FRANCIS TRIMBLE MAYO rELEFHORss ATTORNEY-AT-LAW 617.744-1148 _ 90 FEDERAL STREET 617.744-1148 SALEM, MASS, 01970 DECV5 37R December 5, 1983 Rf:Ca wEI1 -CITY fll: Si"L'k,1r;ASS. Mr. Richard McIntosh Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: COMPLAINT OF ZONING ORDINANCE VIOLATION Dear Mr. McIntosh: This letter is intended to constitute a "COMPLAINT" within the meaning of the City of Salem Zoning Ordinance Section IX (B). The facts are as follows: In 1964 my clients, Mr. and Mrs. William Pelletier, purchased their pre- sent home on Juniper Cove, the postal address of which is 5 Columbus Square, Salem. This neighborhood is located in an RI district. Part of the Pelletier's property abuts that of the Winter Island Yacht Yard, which is owned by Mr. Peter Haywood, and which is also in an RI district. The Yacht Yard utilizes certain wooden structures, commonly known as "storage cradles, " on which to store boats during those portions of the year when the boats are not kept in the water. The Yacht Yard uses the tidal flats directly in front of the Pelletier's home to store cradles which are not in use. This they do all year, with the number of empty cradles increasing during the warmer months. When the Pelletiers purchased their home in 1964, there was then a boat yard in existence at the site of the present Winter Island Yacht Yard. At that time, however, only one or two storage cradles were ever left in the tidal flats during any period of the year. During the past 15 years, the number of these unutilized Yacht Yard Storage cradles left in the tidal flats directly in front of the Pelletier's home has gradually increased. Within the last five years the number of the cradles has increased to such an extent that the Pelletier's use and enjoyment of the Cove has been sub- stantially diminished. Their view has been ruined and their marine access to the Cove cut-off. _ - FRANCIS TRIMBLE MAYO '^� -LI:';: ' TELEPHONES I ATTORNEY-AT-LAW 417J44-1148 I 30 FEDERAL STREET 617-744-1148 SALEM. MASS. Ot07O DEC ^ 8 37 '83 Mr. Richard McIntosh REt FIYED December 5, 1983 CITY OF SAL EN,NSS. Page 2 In 1965, when the Salem Zoning Ordinance was duly adopted, the placement of storage cradles in the tidal flats was not a part of the existing use of the Yacht Yard. In addition thereto, in the course of the preceeding two years, Winter Island Yacht Yard has initiated fabrication and fiberglass operations at the yard. Such activities have never been a part of the business of the boat yard. It is further true that within the last 5 to 10 years, the owners of the Yacht Yard have filled in surrounding wetlands in order to substantially expand their operations, so that the yard now maintains a great many more boats (and therefore storage cradles) than it did at any previous time. Our attempts to resolve these matters directly with Mr. Haywood have failed. We respectfully request, therefore, that you make investigation of this matter pursuant to Section IX (B) of the Salem Zoning Ordinance. Thank you for your attention. Very truly yours, Francis T. Mayo FTM/caa Registered Mail Return receipt requested cc: Mr. & Mrs. William Pelletier W!" r:`. 1 I �T.,•�'lj.[5. K ���'A�.�'� Jl [ {��Y �� � 4���TYyy A � \p� ���I � �Et-�d I '� �a �,y �, l;>. x � $ X r •�. : 1 �a '��SLk; I 9 a" vi , �� t � ��� �'it �� � �`�� j✓� r ' its >f'i� �`' �I� �' a���P� m,,,wr- mAf*51�fgj. r %R �r ll r, T, ¢p a gal, ! fid¢1 I�jyP �` rii AJb4�' r v ✓ �V:v"I yf >4 .j 'r�'r�}} a i')4 1`F If d `l s } tk � tri• r IU1'� �' I.,� �" ''✓ _ .!f� V 'i� �k�iQjg $�k¢"4Y Iv r t - Ig lz I} a ,ti nl AI iil ! Y e veil af.'? Y y. ,t It a +r#4t`� �. e '*F• ". � � . .- - i ' Ik iM1' ik1 ° nit Is lar } ggslfl 'g 3. , A ; at '�i1'• j �,{rc % �JI .'s'' !�'x['�>•#�x`ic.. yy—y a$'�'d"{I SKrx ,1� p `£R 'y I� I+¢16.`& i i J '34 IQ��• '��t d I G�:`Y< r frk ✓' } ) .;-{t E s�X�a y �Y t'^q f,iteh t��9��kd I�4Y rry � /t!x k I r rt�,a +� i <'., k A) "' dy I�.tl� vk�.+�}'; �QP�t�Pc. ¢} � cyla� gy7t i - - - {li 3 r t I r) +...w •Ir ; i>t }' e tr if t r '" �s + as 1 #`lr y$ -� 1 �q��'vyy�ad•!jYWiX�+qq��++ ,� fix$ t,}�',,q i t IS x.:. S t StVai: i'Yr ,� : Yt x 4 ?� VWv]i`r-y r) rtv�c tQ argol'r }y� Ci�� aal.. R ot.F P t 3 - t Y 'i 't= 17 FC1 - 1(� b1, ^"si Ay M1'er!'kY�t er{r taA '? j41E�+.�t+-.xla}� ,t yr ro 5 I - .. t � � �.1.t.., 4 .a...,. . ,,,t. �• fixsl..a< •i YPfi .,., '�... 'a���.� �l Yt ;vita' c fi� iu l2iIt:,� '` x*n 'Y moi" r ��'�r ��� i,,1` �l141liJr ;t�;1T�.II$.TfyJ ��E�IFiTfIIIEIIt - \�� % �lI•T:�iYi1�T �tiE�'r:StI:TEYIf 1 Richard T. McIntosh One Salem Green 745-0213 January 9, 1984 Peter Haywood Winter Island Yacht Yard Re Boat Cradles 3A Winter Island Rd. R=I District Salem,kia 01970 Dear Mr. Haywood: Please be aware of the fact that you are in violation of the City of Salem Zoning Ordinance, by allowing the storage of boat cradles on the site. It appears also that you are conducting fabricating and fiberglass operations at the yard which also may be a violation of the Zoning. If during the last ten - fifteen years, you have filled in surround- ing wetlands to enable you to enlarge your business, you are in violation again of the Zoning and possibly Conservation Regulations. You are therefore hereby required to cease and desist from all of your illegal activities, immediately. Failure to comply with any of the above will result in this matter being persued through the courts for their determination. Very truly yours, RTDf:mo,s Richard McIntosh cc: CouncillorNowak Francis T. Mayo Certified Mail P474 720 695 ,f • 1 Publir Fraper#g Pepadraen# aom 7, Cite Hall February 13, 1974 John B. Ballou, M.D. Medical Office Building 79 Highland Avenue Salem, MA 01970 Dear Dr. Ballou: Relative to your letter concerning a dog shelter fjf� at approximately 11 Winter Island Road, please .e.---- advised that I have talked with Mr. Kozlowski and he has agreed to cut down the building to 81x8) by 71 in height. I have enclosed a picture of its present size. Any structure enclosed with walls and roof, not in excess of 81x8) by 71 in height does not constitute a building, and no permit is required. Very truly yours, Supt. of Public Property Inspector of Buildings DJO:tc Enc. i { BUILDING DEP a! JOHL BARTLETT BALLOU,M.D.,INC. MEDICAL OFFICE BUILDING 79 HIGHLAND AVE. JAN 30 4D Off �M,MASSSASCHUSBTTS 01970 IY - ' Diplomate RECEIVED` n American Board of Surgery CITY OF SALEM,MASS. Telephone 745-0075 i - January 28, 1974 Mr. Daniel O'Brien Building Inspector City Hall ' Washington Street Salem, Massachusetts Dear Mr. O'Brien: I thought I would drop you a note in regards to the recent appearance of a small dog shelter on the property of approximatelylt Winter Island Road which has sprung up this Fall and which obstructs my view out to the water and which in itself is quite unsightly. I wonder if there was any clearance for the construction of this structure by your Department prior to its being built. My property is 5 Winter Island Road and then there is a house by the name of Piecewicz in between mine and then this house that has the dog enclosure on it. I would appreciate any information you can give me into I the legality of the construction of this obstruction. a Gratefully yours, � �3ohntB/el Ballou, M.D. JBB:bf For the purpose of this code any structure enclosed with walls and roof in excess of 810" in length and breadth and in excess of 7 ' 0" in height constitutes a building. This structure would require a permit . � cewlcZ S �'ioulc� ►�` Ic — a -{-'roe„ 1o7— lrhe L 'a I 1 I V—� fi- March 20, 1974 Mr. Fred T. Kozlowkk$ 11 Winter Island Road Salem, Mass. Dear Sir: Relative to our conversation, please be advised that any structure enclosed with walls and a roof eight (8) feet in length, eight (8) feet in width and not over seven (7) feet in height does not require a permit. A building over and above these measurements would require a permit. Very truly yours, Inspector of Buildings DJOB/tc Form s D_oe File No. 64-145 (To be proyiCed ty DEQE) Salem. ''iA Commonwealth city/Town of Massachusetts A:;r,2nt l t-1 .:mss . l Eac�'V Order of' Conditions Nriassachusetts ;fefiiGnds Protection Act G.L. C. 131 , §40 From Conservation Commis sic Peter Ya},wood DMH Realty Truar -pprpr 13a«,nnd ar nl trs. To (Na!'-.e o+ Applicant) (Name(-r p eoerty owner) Address 3A i7irter Island Road, Salem. M_4 Address L Columbus So . , Salem, MA This Orders issued and delivered as follows: ❑ iby hand delivery to applicant or representative on (date) U by certified mail, return receipt requested on Januarv, 16 1987 (date) This project is located at ^A i7 r T-1 - � E _,i SPIP" Nle — The property is recorded at the Registry of Essex South Bock 6658 page 484 Certificate (if registered) `•,inter Island Yacht Yard. Inc. The Notice of Intent for this project was filed on /9/87 (date) The public hearing was closed on 1/16/87 (date) Findings The Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commision at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): ❑ Public ,vater supply @ Storm damage prevention ❑ Private water supply ❑ Prevention of pollution ❑ Ground water supply ❑ Land containing shellfish ❑ Flood control ❑ Fisheries 5.1 Therefore, the ror - r =+c hereby finds that the following conditions are necessary, in accordance with fhe Penomance S'ar:dards set forth in the regulations, fa protect those inter- ests checked above.The Commission orders that all work shall be performed in accordance With said conditicrs and with the Nolic= of Intent referenced above. To the extent that the fol- lowing conditions modify or differ trom the plans, specifications or other proposals submitted wil'n the Notice of Infant, the conditions shall control. General Conditions 1. Failure to comply with all ccnciticns stated'nere!n, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or mod!'-,,this Order. 2, This Order does not Grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights: 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, sate or local statutes, ordinances, by-laws or regulations. 4. ?e work authorized hereu:.1der shall be completed within three years from the_.a4 of Phis Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5, This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issiing authority at!east 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has beenf,'!ad, until all proceedings before the Department have been completed. 8. No work shall be underta'ren until the Fina!Order has been recorded in the Registry of Deeds or the land. Cour for the district in t hitch the land is !ocated, within the chain of title of the affected property. In the case of'recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upor� which the proposed wcrk is to be done. In the case of registered land, the Fina'C:der shat'also be noted on the Land Ccu:t Certificate of Title of the owner of the land upon which the proposed v.'ork is to to done. The recording Information shall be submitted to the on the form at the end of t,-,is Order prior to commencement of the work. 9. A sign shall be displayed 8t the site not less then two square feel or more than three square feet in size bearing the words, Department of Environmental Quality Engineering, File Number 64-11-5 10. Where the Department of En Aronmental Quallty Enc'neering is requested to make a determination and to issue a Superseding Or der, the Ccnser:,a`:ion Commission shall be a party to all agency proceedings and hearings before the Department. 11 . Upon completion of the wcr'r, described herein, the applicant shat fortn ith request in writing that a Certificate of Comp!iance be issued stating tha' the wcrk has been satisfactorily completed. 12. The work shall conform to the following p!ar.s ar,d special conditions: \ 5-2 Plans: Title Dated Signed and Stamped by: On File with: Propncari Tmnr=PmanhG7/L/Ri n T Tyljrh T71 �gjn1 rS r Commisior Winter Island Yacht Yard I Special Conditions(Use additional paper if necessary) I I Work shall conform to the above referenced plans and Notice of Intent i All construction shall take place on the landward side of the project i i I i I l ....................................................................................................................................................................................... (Leave Space Blank) I I I { 5.3A 1 : Issued By Conservation Commission gignature(s)\`'7 '(t.I taL This Order must be signed by a majority of the Conservation Commission. On this t f;rh day of T 3' 19 g7 before me personally appeared Peter Haywood to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his!her free act and deed. Notary Public My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to ! the Department within ten days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified _ mail or hand delivery to the Conservation Commission and the applicant. - Detach on dotted line and submit to the WPM o r' pim i r S'e'3 prior to commencement of work. .................................................................................................................................................................................................................. To :Issuing Authority Please be advised that the Order of Conditions for the project at — File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 on . 19 Ifrecorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant C 5-4A �.eo,�i. Crrfi[ iCP IC B 9' L �v APR 2q 9 12 AH '811 '�sauime W?' RECEIVED MICHAEL E. O'BRIEN CITY OF SALEM CITY OF SALEM.MASS. CITY SOLICITOR MASSACHUSETTS MARY P. HARRINGTON 93 WASHINGTON STREET ASSISTANT CITY SOLICITOR and 93 WASHINGTON STREET 187 FEDERAL STREET and SALEM,MA 01970 59 FEDERAL STREET 7454311 SALEM, MA 01970 7443363 7440350 Please Reply to 187 Federal Street Please Reply to 59 Federal Street April 20, 1984 Richard T. McIntosh. Building Inspector One Salem Green Salem, Massachusetts 019.70 . Re: Winter Island Dear Mr. McIntosh: This .letter is meant to inform you that it is the position of this department that Winter Island is a public park. By ordi- nance (Salem Code of ordinances Section 17-•31 through 17-38) the Winter Island Commission has the power to regulate the pub- lic use of the island except in so far as such power has been delegated by law to other bodies. (i.,e. Park. Commissioners) . As a park., the only body with standing to seek any permits from your office for construction on the island is the Park and Rec- reation Corlimission. Even then, the type of construction permitted is governed by the General Laws relative to parks . Accordingly, I would appreciate it if you would consult this office relative to the issuance of any permits for construction on Winter Island. Ver truly,your M chael E. 0 rien City Solicitor MEO/jp cc: Mayor Anthony V. Salvo (111tu of raperfv P eparftttettt (line �iilem (h3rccn 74�-U213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. October 5, 1987 Mr. Gerard Kavanaugh City Planner One Salem Green Salem, Ma. 01970 RE: Winter Island Dear Mr. Kavanaugh, While at the Winter Island site on Wednesday September 30, 1987 I walked through the old Coast Guard barracks with the clerk of the works for the project. I would call your attention to the following potentialy dangerous conditions existing at this building: 1. Building is open to anyone wishing to enter and in a dangerous state of disrepair. 2. There are many pipes exposed which are covered with asbestos. 3. There is much pigion and possibly other animal excrement throughout the building. 4. Outside the rear of the building the ground has caved in on what could possibly be an abandoned septic tank. The hole which is behind a pile of stone dust is about 18" in diameter and 30" deep. After reviewing the above conditions with Bill Munroe we felt that you should be made aware of the situation. As the planning department has a contractor on site we hope that he can be engaged to at least secure the building with plywood. Thank you for any help you can give us to correct this condition Sin gtephen W.,.Santry Asst. Building Inspector CC: Board of Health Speed Letter® TO Thn ng Qnll iynn COILOOCOY TY010L7i6i From 1 nnilrin 4nTnep�rnr J1t}l�$?1�IfiL+aiv2 � Subject 12 Winter Island Rd., Lawrence & Patricia Leboeuy mo nmFour MESSAGE PLEASE ADVISE IF TAXES ARE DUE? 04, Date 10/27/86 Signe REPLY -Na 9FOLD Date Signed WilsonJones GRAYLINE FORM 44-902 3-PART ,1%3-PRINTED IN USA SENDER—DETACH AND RETAIN YELLOW COPY.SEND WHITE AND PINK COPIES WITH CARBON INTACT. copy FOR YOUR 'ATTORNEY AT LAW f > P. O. BOX 998r7 8 Si4s {�T L i4a sego } ` r �Y + s"��+�issa �'4n'.J 278 ESSEX STREET SALEM, MASS. 01970 n r V � l may. 17, 1986 PL•chael 0 Brien, Esquire 187.;Federal. Street Salmi, MA'i 01970 ` Y - T Y • Bien Dear Mr. O - �Re: Jillian's (Potors�!ky) b As discussed on the telephone,-I would apprecia - g from you as to how to handle the matter of repairs. to Jillians (Restaurant ) to enable Mr. Potorsky,to assure the 'contractor of payment by the city or for the city;to make the itpairs;made necessary'by .the excavation and damage.to the plumbing and building during the sutmier by -the city enployees. Tine is .of the essence'as the warn weather is here and Mr. potorsky needs.to;reopen without delay �niank you. a Vexy truly Yours, j r tevens {�,� E�•m� j 1 f h t 4 , !ttI t 26 Palo 200 22-1 /' r ,e.oe 2200\ ; 1� 19 ro. O/oo T , : - , O24 YNAo • K.ro q •' sea , . ` W,HTEP 'J14N0 .aoe ,-O LIb AYe e f • � • • 13fo�- ..oe • �•, r.. yam... _ •e.4e 34 Nb• .., LiE040 r f f // '000OL Y t 1 a,IONIA / k f � r ' NSNS .M , OWTv I � � r 1 \ j MAND t Ar ?V40,18 1 .w N� 1 +N i . , } ly 1 ii , / V ` 1 ro yep OS COAST GUARDd `,S ` Opo \\ AIN STATION tv iFORT 10, w .r T• E R U,& co"r, awo t� OASI STAT10M r, r IIf2IIEm, 2c�SB�ICIISPt1`� �� � f�`. a,_� �uhlu �ru�erty �Qpttr#ment 5 ` U ` artrignt Richard T. McIntosh I One Salem Green 745-11213 August 5,1982 Mr. Howard Knight _ 17 Haley Road : Re. —Winter_Island Y ' Marblehead,Ma 01945 Dear Mr.Knight: Based on the decision of the Board of Appeals of February 28,1982, relating to recreational vehicles ,please be aware of the following: 1. Not more than 60 vehicles. 2. The occupancy by the recreational vehicle, shall be in accord- ance with the restrictions stated in the Salem Fire Marshall's February 17,1982 letter to this Board. . Permission by this Department is hereby granted subject to the above. Very truly yours, Richard T. McIntosh Director of Public Property RTM:mo' s cc: Winter Island Commission Gifu lif Winter Island Commission e Office - City Hall 93 Washington Street Salem, Mass. 01970 October 2, 1984 To: Mayor Anthony V. Salvo Council President Jean Marie Rochna Members, Salem City Council Department Heads, City of Salem From: Gary M. Moore, Manager JSP Winter Island Commission / Salem, Ma. 01970 Re: Winter Schedule - Winter Island The Winter Island Commission and I are happy to report that we are able to offer the citizens of Salem limited winter time access to Winter Island. Effective October 13, 1984 through April 28, 1985, the Second Season Schedule will take effect. The island will be open Saturdays, Sundays, holidays, and during the Christmas, winter and spring vacation periods, from 9:00 A.M. to 4 P.M. Additional weekday hours during the months of October and November will be offered as weather dictates the continued opening of Jillian's Snack Bar and windsurfing activity, excepting Mondays and Tuesdays, when the island will be closed on a regular basis. Please be aware that these weekday hours will be erratic at best. One to two staff will be present to monitor activity on the island. They will be mobile (not fixed to the gatehouse) and will have access to help via a mobile, cordless, hand held telephone. No fee collection is anticipated. We will be attempting to develop a program of Winter Time Fun, ie. sledding, ice skating, cross country skiing, etc. , as well as encouraging the school department to make use of the island during the weekdays for educational purposes. Revenue enhancement may be achieved by offering the sale of coffee, hot chocolate, donuts, and snacks by the Commission. These details are being assessed now for possible implementation as the Second Season continues. The prospect of increased utilization of Winter Island over the winter months is a very positive step in the continued process of revitalization. As has been the experience of summer time use, visitors to the island are most often those who appreciate her the most, and add an important dimension of security and care. Your comments regarding the Second Season Schedule and other plans are most welcome. We will continue to need the broad base of support and help that has been offered and provided in the past by many officials and department employees. u i, •e + M ,fix k ♦1`' a. ` ,'f`�' 4 i ! l`vW n � , y � I Y : JJJ���ttt jk - it A 5 �y #_ i $_ . lie 4 *dl ii , I I IN 71,4441 i No,the cold weather hasn't numbed your senses Station on Winter Island, afloat to the left of the and this is not a mirage. It's a picture of the T-shaped platform and a float in the center of the former Smith Memorial Pool at Salem Willows: . pool.Lifeguards were strategically placed on the We thought the summer atmosphere would help high diving platform, from which they had an you to forget the extreme cold that has gripped overall view of the pool,on the beaches and in the the east. This is a 1937 photo loaned to us by rescue boat shown between the diving platform Norman Foote, a former lifeguard at the pool, and float. There was ample ground area on the and judging from the size of the crowd. it Winter Island road side of the pool for families to probably was taken on a hot,sultry day(the kind enjoy picn ics. The photo was taken from the we usually complain about in August). The pool, bathhouse; on the Fort Avenue side of the had beaches in the foreground and off the road 1facility, then considered the second largest (background) leading to the Coast Guard Air "outdoor pool in the country. r�t� fl m7h — ryecn��l�Theyare ah the beJenniferynn Katz Grade 5 ti4a North Beverly School Beverly I like hat day because it's nice and because it is funny to see kids wear funny hats. I also like ; hat day because it's a fun day. I also like it because you get your pictures in the paper and because you get ribbons from Mr. Kokas. I like it the best because it's funny. „> Jennifer Fanning Grade 5 t + ' North Beverly School Beverly like hat day because it's fun. It's like excitement that has to m run. t We laugh and look at every hat Some have candy or big balloons or some are covered with this and that. Some are red, 'blue, purple, or - green and some are very small to r because it is a lot be seen Cement. You get I like everyone's. They are all the f different hats. best, win a ribbon for But I think this is like a test. third or fourth We should all wear hats outside �a; •*- li schools should you see, ' So everyone stays warm like you ,, , and me. phen Pavlowich Meghan Putney de.5 Grade 5 +" Beverly School North Beverly School Speed Letter. From 2h=2e Sull'san C0119ctes/ TsaaEeFer To William 1%ftree $13il3in;risoPOCtOz Subject 12 Winter Islaa6 Rd., Lawrence & Patricia Leboeuq No sa,oFOLo MESSAGE PLEASE ADVISE IF TAXES ARE DOE? 42 Date .10/27/86 Signe REPLY —No HFOLD - a+o Fom Date Signed WIISOt1Jones RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY. S993PPew°eow u°S.A. TURN OVER FOR USE WITH WINDOW ENVELOPE. FILL IN NAME AND ADDRESS HERE FOR RETURN IN WINDOW ENVELOPE I J -FOLD SOLD -3-075"u ��di�,tis Speed Lettere To T4^'^^ "Tl ^`nn CollPrtnr/ Tronmmo From r.T:lt Rnildin Tne antor ietx—t4ttasee S P Subject 2 Winter Island Rd.,,Lawrence & Patricia Leboeuy —No.9B ID FULD MESSAGE, PLEASE ADVISE IF TAXES ARE DUE. Date 10/27/86 Signe REPLY .fes —I+o.9 FOLD ID FOLD 5�(-j4 9 Date Signed -NENEFPRINTED N UIN U WJOf12S RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY GRAYLIORM S 3PART L1983• .5 A. 1184 r V Holyoke Mutual Insurance Company 4i in Salem Holyoke Square,Salem,MA 01970,Tel. (617j744-6123 Form of Notice of Casualty Loss to Building Under Massachusetts General Laws, Chapter 139, Section 3B TO: Building Commissioner or Board of Health or Inspector off` Buildings Board of Selectmen OWn 07 SaO� addresses rt R MOL 0147D RE: Insured: \.QIA)llS1JY1Ca t Pq�JtU1Lt 4.cbpfty/ Property address: d Policy No. Loss of L' 19 File or Claim No. 9�23/�SLr Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000.00 or cause Massachusetts General Laws, Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. Titl On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. CAAUA lb ji2j Signaqr& and date 145-767 Our heritage comes from Or.Edward A.Holyoke,1728-1829.Pioneer of medicine and patron of the arts. J" Lt G//✓NTel Z5 -IgN JUIN 17 10 38 AM °°B REC�lVEO CITY OF S?L"chi, 1MASS. '1ZoJN0 r.'�FJ'1�5 �r � aIlAm o 4" Gow-ft-m j i O�-4 „ D ,D, ? IPS QA\1. A, S a 7aSTS tn I T'y'+'tC-A-. '301-4 skoeS RAMP VP a N N 0�y% Z J12GlIG'G�GG12 Qlr r� cuCie � Ccea��uGlc// ocrav 477�� t r LrLdad ✓U S.Dcdmi6s - Covemor Chafes v Barry �aslaac,.AaQca Weea 02!08 Se=try n C IiY Y6�7J 11740.6-6.0 TO: LOCAL BUILDING INSPECTOR LOCAL HANDICAPPED COMMISSION INDEPENDENT LIVING CENTER FROM: DEBORAH A. RYAN n SUBJECT: �f I.d1TE]2 S Lq�1n t I`rY� Q S,� EAA , DATE: Enclosed please find a copy of the decision of the Architectural Access Board with respect to the above case. If you have any questions regarding the decision, please feel free to contact this office at: (617) 727—0660 Thank you for your interest in. this matter. hEchael S. Dukalds � Governor one�L(![W&n Raw - ✓Loov�t �8�0`=''' '. .��,na S. Charles V. Barry -0adma, 14&Mac/uieelta 0201aSecretary 1Y 5i (6,17) 727-06-6-0 VOICE & TDD NOTICE OF ACTION WINTER ISLAND PIER, SALEM, MA 1 . An application for variance was filed with the Board by Debra Hilbert (Applicant) on 1/21/88 The applicant has requested variances from the following Sections of the 1977 Rules 1982 Regulations of the Board: Regulations of the Board: Section 25.2 relating to Slope of ramp 25.6 Level platform on ramps 2. The application was heard by the Board on March 28, 1988 The following persons appeared Debra Hilbert, Salem Planning Department 3. The application was heard on without the petitioner appearing. 4. FINDINGS AND DECISION The Board, having considered the evidence, hereby finds and decides as follows: On Issue 1, the Board finds: The petitioner is seeking a variance from 25.2, Slope of gangway which will vary from 1:20 (5%) at high tide to 1.:5 (20%) at low tide and Section 25.6, Length of gangway is proposed to be 70' with no resting platform. The project ..involves construction of a pier (16' x 1821 ), a gangway (4' x 701 ) and 1,080 s.f. of Architectural Access Board Page 2 Winter Island Pier, Salem floats. The pier will be used primarily for transient boat 'docking by the Salem State Sailing Program Boaters and the City Harbormaster. The sa-i',h ngpro gra m includes an intercollegiate varsity level program and a coQWe'ns a community program for residents of the area, including a program for handicapped and disadvantaged youths. The variances are strictly for the gangway which leads from the pier to one of the floats. The pier itself is in compliance and the gangway is an auxilliary structure. The petitioner testified that the gangway provides access to one of the floats fron the pier and it will be affixed to the piles supporting the pier so that it can rise and fall with the tides as the float does. Because of the nature of the design, the slope of the gangway is constantly changing. The City is proposing to make the gangway 70' long so that at high tide the slope would be 1. :20 (5%) and at low tide 1:5 (20%) . The petitioner stated that it is difficult to comply with the Board's Regulations because they were designed primarily with buildings and landscape features in mind. Marine structures are, however, subject to conditions !relative to tides, winds, weather, and maintenance in water. Ms Hilbert testified that to never exceed a slope of 1 :12, the gangway would have to be 230' long, significantly longer than the pier. The weight of the gangway goes up with the increased length. The weight presents an engineering problem, because the pier has to be sturdy enough to support the gangway and the float must still be buoyant. The gangway would have to wrap around and platforms would have to be installed every 32' , and keeping these platforms flat on a floating structure is a difficult and expensive mechanical problem, because the relative angles between the sloping sections and platforms have to change with the tide. The Board asked Ms Hilbert if alternative designs had been looked at, and what if any other solutions had been discussed. The petitioner said that she believed this design proposed provided the best accessibility. Also addressed, the percentage of time the pier would be accessible, and how many days a month would it be unusable. The petitioner said that it would be between 1:12 and 1 :20 — 60 % of the time. After listening to the testimony and reviewing the plans, the Board voted to take the case under advisement, and will assess this design against previously submitted designs to see if the Board can see alternative recommendations. Also, the Board requested the petitioner to submit the following information: A diagram showing in an average month, during daylight hours, how much of the time the ramp will be steeper than 1:12. What happens to the ramp at different hours indicating a change over time. Also to look into the possibility of posting a message board with the daily tide schedule. Architectural Access Board Page 3 Winter Island Pier, Salem tt..q.. 2 t ai�7 On May 9, 1988, the Board reviewed a letter from the petitioner which_ presented �-f r_l'i i_p the following information: CIIYG," f! t;i, ° :':SS. The pier at Winter Island will have a 70' gangway which will be in compliance with the 1:12 requirement only seven (7) hours a day, or 29% of the time. The letter stated the information of 60% compliance was based on erroneous calculations on the petitioners part. The Board voted to GRANT a two year time variance, on condition that the pier at Winter Island be fully accessible with the 1 :12 requirement seven (7) hours a day, or 29% of the time. The reason for this variance is that presently it is technologically infeasible to comply with the regulations, however, the Boston Redevelopment Authority is conducting a study to determine how compliance can be achieved. The results of the study should be available within a year, and we will notify the petitioner. This constitutes a final decision of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c. 30A. Any such appeal must be filed in court no later than (30) days of receipt of this decision. DATE: ARCHITE RAL ACCESS BOARD Gerald LeB1a CHAIR cc: Local Building Inspector Local Handicapped Commission Independent Living Center DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEEERING DIVISION OF WETLANDS AND WATERWAYS REGULATION WATERWAYS REGULATION PROGRAM .MUNICIPAL CLERK'S CERTIFICATION FORM 3 WATERWAYS FILE NO. NAME OF APPLICANT City of Salem PROJECT STREET ADDRESS (proposed) Fish Street, former U.S.C.G. Facility at Winter Island CITY/TOWN Salem DESCRIPTION OF PROPOSED USE OR CHANGE IN USE Construct, and maintain a pile supported, concrete pier and rehabilitate an existing concrete boat ramp to serve recreational boaters and to increase handicapped accessand general public access to Salem Harbor. This work is part of the City's comprehensive plan for the restoration of Winter Island. I HEREBY CERTIFY THAT THE PROJECT DESCRIBED ABOVE AND MORE FULLY DETAILED IN THE APPLICANT'S WATERWAYS LICENSE APPLICATION AND PLANS IS NOT IN VIOLATION OF LOCAL ZONING ORDINANCES AND BYLA S. SIGNATU� / TITLE Inspector of Buildings/ Zonin¢ Enforcement Officer CITY/TOWN OF Salem.MA 01970 DATE Dec . 14 1987 _ PLEASE TYPE OR CLEARLY PRINT ALL INFORMATION yTj1r awv �0� •' 0ERTIFICATE ISSUED CITY OF SALEM DATE 8/3/88 s SALEM, MASSACHUSETTS 01970 BUILDING. PERMIT CERTIFICATE OF OCCUPANCY T NO:GATE July 29 19. 87 PER820 _ MI J. Gaffney k, 19.i;vx w , Mittoieton ruaz APPLICANT ADDRESS 1.0.1 )STREET) IC ONT R•S EILENSU Erect gateho{{ise NUMBER OF PERMIT TO '' (_) STORY DWELLING UNITS (TYPE OF IMPROVEMENTI NO. (PPOPOSEO 115E) Winter Island Ward 1 ZONING R- 1 AT (LOCATION) DISTRICT (NO:) (STREET) BETWEEN AND ICROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE- BUILDING IS TO BE FT, WIDE,P... FT. LONG BY 'FT. IN HEIGHT PND SHALL CONFORM IN CONSTRUCTION TO�TYPE- USE GROUP BASEMENT WALLS OR FOUNOATION ITYPE) Erect gatehouse, for usk for City Collectings admissions to park REMARKS: 'WEI 01 AREA OR NONM.iMEEE St,Wall I I� VOLUME ' P:BIC�SO L'e RE FEET) City of Salem, Planning, 1)eploylv�Ivenv�Ivrlv'+(vrnvTnb<lvvYlvenv'n ve�(vcr(ernomn OWNER - - TO BE POSTED:ON PREMISES 'JiU 1b6.,Aati - SEE REVERSE S1DE FOR CONDITIONS OF CERTIFICATE ADDRESS ' InsperCorlof nu=adings E � DEPARTMENTAL APPROVAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCE To be filled in by each division indicated hereon upon completion of its final inspection. BUILDINGS Permit No. 820 Approved by STEVE SANTRY Date 8/3/88 Remarks • PLUMBING Permit No. Approved by Date Remarks ELECTRICAL Permit No. Approved by Date Remarks ON FILE OTHER FIRE permit No. Approved by_ Date Remarks ON FILE OTHER Permit No. Approved by Date Remarks y�jy' �p� • ERTIFICCl T3/81SSSUED DATE / " CITY OF SALEM s SALEM, MASSACHUSETTS 01970 BUILDING. PERMIT '' CERTIFICATE OF OCCUPANCY July 29 87 818 DATE _ 19 - PE R MIT "Co J . Gaffney r .Aj uux w , IR uuledu t st APPLICANT ADDRESS v t (NO.) (STREET) (CONTR'S LICENSE) Erect bathouse NUMBER OF PERMIT T6 (_) STORY DWELLING UNITS (IYPE OF IMPROVEMENTI. NO. (PROPOSED USE) Winter Island 'Ward 1 ZONING R- 1 AT (LOCATION) DISTRICT (x0.) (STREETI BETWEEN AND (CROSS STREET) (CROSS STREETI LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS -0 BE FT, WIDE.P•. TT. LONG BV FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION L / (TYPE) REMARKS: Erect: bathouse/ rest rooms for city nark 17ME 1101 KEN up pp wwwa AREA OR Big= VOLUME ' C�;B IC:SO Vt9 E.iE ET1 City of Salem , Planning ... nv�ne.�(vrnv nlernvv(bcilvdlveno'Ylvvlvv(vrna�ly OWNER TO BE POSTED:ON PREMISES ADDRESS Salem,'MA SEE REVERSE S1DE FOR CONDITIONS OF CERTIFICATE d -� � W Buildings w' La DEPARTMENTAL APPROVAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCE To be filled in by each division indicated hereon upon completion of its final inspection. BUILDINGS Permit No. 818 Approved by STEVE SANTRY Date 8/3/88 Remarks • PLUMBING Permit No. Approved by Date Remarks ON FILE ELECTRICAL Permit No. Approved by Date Remarks ON FILE • OTHER FIRE Permit No. , . Approved by_ Date Remarks ON FILE OTHER ENGINEER Permit No. Approved by Date Remarks ON FILE M Ik- y�y1" �ERTIF KATE ISSUED r DATE R�3/RS (, CITY ` s SALEM�MASSACHUSETTS 01970 BUSALEM ILDING PERMIT CERTIFICATE OF OCCUPANCY July 29 87 819 DATE ... 19 PERMIT iuNA nn.� J. GaffneyiAiutEt APPLICANT ADDRESS INCA (STREET) (CONTR'S LICENSE) erect perigola NUMBER OF PERMIT TO 1_I STORY DWELLING UNITS ITYPE OF IMPROVEMENT( No. IPROPOSED USE) Winter Island Hard P ZONING 1C` � AT (LOCATIONI DISTRICT (AO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREETI LOT SUBDIVISION LOT BLOCK SIZE .BUILDING IS TO BE FT. WIDE.Pr. FT. LONG BY FT. IN HEIGHT AND SHALL:CONFORM IN CONSTRUCTION TO TYPE USE _GROUP _ BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Erect Perigola (arbor) for picnic area AREA 00. _ VOLUME ' City �:BIC 50Ut9E FE EiI City of Salem, Planning Dept Orldi91dn1d�Idrldnlde�lY'1b119t/Ion drldTl6lPId�IOIIIY OWNER -ki TO BE POSTED ON PREMISES SEE REVERSE SIDE FOR CONDITIONS OF CERTIFICATE 1 ADDRESS Inspector of Buildings DEPARTMENTAL APPROVAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCE To be filled in by each division indicated hereon upon completion of its final inspection. BUILDINGS Permit No. 8 1 9 Approved by STEVE SANTRY Date 8/3/88 Remarks • PLUMBING Permit No. Approved by Date Remarks ELECTRICAL Permit No. Approved by Date Remarks • OTHER Permit No. Approved by_ Date Remarks OTHER Permit No. Approved by Date Remarks Ctv Jaf *Ienl, flAttssar Usef#s Winter Island Commisskiia9 06 ui c85 RECEIVED Office -City Hall CITY Or SALEM,MASS 93 Washington Street Salem,Mass.01970 May 24, 1985 William Monroe Director of Public Property 1 Salem Green Salem, Ma. 01970 Dear Mr. oe, ' Pursuant to your letter to me dated May 21, 1985, I am submitting this report. During the planning process for the summer season, the Commission and I determined that public safety would be enhanced if we were to incorporate the removal of overhead wires from the concert stage area with the plannned electrification of the hangar and garage project. On March 16, and 17, 1985, the U.S. Navy SeaBees, Unit 0727, and I began the excavation project to bury the line from pole # 4864/16 to Jillian's, along with digging a trench from the hangar to the garage. This effort was provided with no cost to the City, except for some initial back hoe excavation provided by Public Works. The project was delayed when it was discovered that notification sent to the City Council in February proved insuf- ficient. Formal approval of the project by Council vote was re- quired. This action was taken on May 9th. Meanwhile, rainfall had expanded the excavation at Jillian's wall through erosion to the point where several handfulls of earth fell away from the concrete slab which supports the wall. This erosion allegedly caused a crack to occur in the wall where two walls join. The project has resumed with conduit being placed, under the watchful eye of the electrical inspector. A manhole is to be placed where the trench assumes a 90 degree turn so that feeding the wire through the conduit can be accomplished, as well as providing an access point for future electrification of the "radio shack", targeted for the harbor master. Due to lack of funds, this project is likely to continue for another 30 days. Lack of rental income from Jillian's has stymied plans to seek an in- crease in the budget last March. Continued lack of clarification regarding the status of Jillian's has impeded swift accomplish- ment of this and several other projects, as it is virtually impos- sible to plan expenditure needs, when the income from Jillian's rent is absent and cannot be depended upon. �. II I have just received two student work study placements. Together we will work to complete as much as humanly possible, to minimize risk to Jillian's and to the public. Unfortunate- ly, I am unable to remedy this problem overnight. It is a task that has run into many obstacles. Limited resources have made the small gliches turn into larger ones. None the less, the project continues to have merit, and will proceed as quickly as possible. I will keep you posted on our progress. Sincerely, C J Gary M. oore, Manager cc Mayor Salvo ofttlPm, Httsstttljusetts ,s Pottrb of 4vertl zo 3 00 FILE4 DECISON ON THE PETITION OF THE CITY OF SALEM FOR A SPECIAL ,ITYCLERK. : L PERMIT FOR 50 WINTER ISLAND ROAD (R-1 ) A hearing on this petition was held April 19, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting, Luzinski and Strout. 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 City of Salem, as petitioner and owner,requests a Special Permit to allow the overnight camping of not more than sixty (60) recreational vehicles at one time during the summer month for a period of two years. The property, known as Winter Island, is located in an R-1 district. The Special Permit may therefore be granted upon a finding of the Board of Appeal 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 careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The proposed use will in no way limit the public's access to the site and revenue generated by the proposed use will benefit the City and provide funds which will allow greater access by the public. 2. The past performance of the owners of the recreational vehicles that utilize Winter Island has proven to be excellent. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concluded that the proposed use will promote the public health, safety, convenience and welfare of the City's inhabitants and that the proposed use is in harmony with the Zoning Ordinance. Accordingly, the Baord of Appeal voted unanimously, 5-0, in favor of granted the Special Permit requested in subject to the following terms and conditions: 1 . Overnight parking of not more than sixty (60) receational vehicles at one time shall be permitted during the period May 1 to October 15, 1989 & 1990. 2. Location of said vehicles shall be approved by the Salem Fire Dept. GRANTED � �,Z& �7 � Peter Strout, Member, Board of Appeal ni Fc'AL FG C',1 THISLELI'1J::, .Vi SHA!L BE !:+,.ADE PURSUANT TO SECTION '17 OF THE 41S. GEN'9AL !AWS. CHAP`E1 E03. !i:'O SHALL bE TiLED 'ijlT;IIN 20 DAYS AFTER THE LATE OF F;LIN; OF THIS DECISION IN THE OFFICE CF THE CITY CLERK. PJ33A;T TO NACS. GENERAL LA,•!S. Cti M7ER 599, 3EC1G`:1 11. THE VARIANCE OR SPECIAL PE^`AIT GRANTED HEREIN. SHALL NCr TAKE EFFECT UNTIL A COPY OF THE•'10S!05. BEAMNV THE t-RT- FICATiUN OF THE CMY CLERK 11'iA 20 DAYS HAVE ELAPSED ^ND NO APPEAL HAS BEEN Fi;-0, OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISY.tSSED 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. • I oIPm, rttstuP# J Pnttrb d Fpa2 FEB 26 P 1 :44 DECISION_ ON THE PETITION OF ALBERT A. POTORSKI FORkr J % SPECIAL PERMIT FOR A PARCEL OF LAND ON WINTER ISL9NIPIrY 'St � � GF' ISE 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. dThe Petitioner has requested a Special Permit to use a leased area of Winter Island for the construction of a 30' x 40' structure in which petitioner proposes to operate a snack bar. 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 Appeal, that the grant of the Special'Permit will promote the health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, 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 and the Plummer Home. 2) The proposed use of the property will provide much needed security for the area and will result in an• improvement in the area. 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. aboye 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 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 Petitioner. The Special Permit is therefore granted in accordance with the following terms and conditions: 1) The Petitioner may use an area on Winter Island, that will be defined by the terms. of a lease between the Petitioner and the City, for the con= struction of a 30' x 40' building to be used as a snack bar. 2) The Petitioner's use of the area in question is further conditioned upon the terms of a lease with the City. APPEAL FRC,'.l THIS DE u' I '= A!I*, 2E f, c P ?' T TO 6E- ?AL LA,"'S. ;• 3) Retit>oner,wi, I_Qti'tain, a 'STU,11 i g er„4.t and obtain the prior approval of OF THIS D . !:. H,- the Salem_ �ir�LMarshall �efor'e co .merf onstr ction at the site. PUPSA'!; G THE ORA::,ED H -!!M,Dougl• g Hopper, airman OR AT. IF S� n, 1. - - .. - RECORDED 1,! Ti '.L 4 E - r - r CI ) IS OF RECORD OR ID REf,.-RDED tio0 N 010 t�Tuc Ur THE OWNER - A COPY OF THIS DECISION 'NIT P`�A1+S WTLBEEN FILED WITH THE PLANNING BOARD AND CITY CLERK. ��..cu.ivrAAJJ _ - $, (Z t of Salem, aseachuU# s oura ,of tal ' '82 FEB 26 P1 :44 1 DECISION ON THE PETITION OF THE WINTER ISLAND COMMISSIO1CjTgRQ0,-7MGZTFICE PERMIT FOR WINTER ISLAND SALE" 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. She Winter .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 which has been requested 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 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. DouglV Hopper, C airman APPEAL FRT' T°', IF " CHML RF ^ .r P RS 1 I� TO SPCTIOPI 17 OF THE F.IASS. - A .COPY OF ,THIS .DEEFSIO;`i_;AND PLAN$;;HA3y�EEt7oFILED WITH THE PLANNING BOARD AND CITY CLERK CEN P.IL L <<�• � - OF C = _ .. - _ ' S OR 76 , ..,Eby_ THE OWNER OF RECC,J 0Rn ::c....t._3 A:+J. , Fle 'c Ch TITLE. on.,on nF APPFAI - �1 ^1 F 1, fit of 'ale-M, fils DECISION ON THE PETITION OF PETER S. HAYWOOD FOR A SPECIAL PERMIT FOR A PARCEL OF LAND ON WINTER ISLAND JA4 25 3 n PM FEZ A hearing on this petition was held on January 20, with the following Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, Piemonte, LaBrecque and Feeherry. Notice of thcM"ting 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 i 1) The Petitioner may use an area on Winter Island, th t r. 1. e defined by the terms of a lease between the PetitioO ' J d �5 PN.��� the City, for use as a boatyard. F I`E 2) The Petitioner's use of the area in question is coVioned upon the execution of a lease with the City. In the event " ' �!x•Pf.+SS. 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. f JVJ / lIy'l,, ll- Anthony M. Fieherry, 'Secret 'ry { : Bf i L._.... - yr _ IF - OF R" , . 67k^D GF A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK . d.. i �o�x fit g of %9z, �t�PZTT, ' FS���Tt �t P 8.82 t1RY -4 P2.31 �var� of �ppzzd OFFICE C11Y C'_f.R`.'` SALCi DECISION ON THE PETITION OF SALEM SOUND DEVELOPMENT CORP. FOR A SPECIAL PERMIT FOR A PARCEL OF LAND ON WINTER ISLAND A hearing on this petition was held on April .28, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, LaBrecque and Feeherry and Associate Member Luzinski. 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 has requested a Special Permit to use a portion of Winter Island as a marina with not more than 208 slips. In addition, Petitioner proposes to construct a 30' x 40' marina support building at the site in question. 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 A_pp=_al, that the grant of the Special Permit will promote the health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, 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 additional security for the area and will result in an improvement in the area. 3) Ine proposed use Of the property will not limit public access to �- :'filter 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 Appeal 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 Petitioner, The Special Permit is therefore granted in accordance with the following terms and conditions: 1) The Petitioner may use an area on Winter Island, that will be defined by the terms of a lease between the Petitioner and the City, for use as a marina with not more than 208 slips. In -j •S2 HAY -4 P 2 '31 DECISION - SALEM SOUND DEVELOPMENT CORP. FOR SPECIAL PERMIT FOR A PARCEL OF LAND ON WINTER ISLAND Page 2 $Al [ addition, Petitioner may construct a 30' x 40' marina support building at the site in accordance with plans submitted to the Board. f' 2) The Petitioner's use of the area in question is conditioned upon the execution of a lease with the City. In the event that no such lease is executed, this Special Permit shall be null and void. 3) Petitioner will comply with all applicable Fire Safety Codes prior to commencing the operation of his marina. 4) Petitioner's use of the marina support building shall be limited to use as an office, shower and laundromat and for the storage of marina equipment. 5) Petitioner shall sell no food at the site in question nor shall Petitioner sell gasoline, store gasoline or sell boats at the facility. O Petatloner will, together with the Winter Island Commission, agree Oil a plan to give Salem residents priority for the marina slips. If no such agreement can be reached this Board will order such a plan for the marina's use. 7) Petitioner may store no_more than four boats at the site and these boats must be owned or operated by the Petitioner. ore K '" ��.J Anthony M. Fee$err3� Secretary li^F. C iS ° S C-m,, TO S-CTM n `• 1 r- - . - BOA 4 Or COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK. T I GUev/� Ctv of "ial m, fflassar4us2ff.S Public PropertV Plepartment PuilbIng Pepartmnl Richard T. McIntosh One Salem Green 745-11213August 11,1982 Congressman Nicholas Mavroules 99 Washington Street Re:Ft. Pickering Lighthouse Salem,Ma 01970 Dear Congressman Mavroules: May I take this opportunity to make you aware of a serious structural defect in the base of the lighthouse at Fort Picker- ing on Winter Island, here in Salem,Ma. This lighthouse should be preserved as it is historically one of the oldest in this Hemisphere. A little time and money spent now,-,would insure its future, so that suceeding generations of citizens could relate to the part that this landmark has played in the development of the history of our Country. There is presently a very real danger of it collapsing and toppling into the sea. A little cement applied at the base would prevent this, and a door installed in the structure would insure its security. I thank you for this opportunity to bring this to your attention. Very truly yours, Richard T. McIntosh Inspector of Buildings RTM:mo's cc: Susan Madison Winter Island Committee �Y GOvoRL(o 01 tg of Salem, assuclPuds varb of Appeal p Af .DECISION ON THE PETITION OF THE WINTER ISLAND COM1�21NSSIOIC9 'S5 REQUESTING A VARIANCE FOR WINTER ISLAND CITY CLEMS OFFICE SALEN N:q$c A hearing on this Petition was held on May 27, 1981 with the following Board Members present: Mr. Douglas Hopper, Chairman; Messrs. LaBrecque, Feeherry, Piemonte and Hacker. Notices of the hearing were 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 Winter Island Commission has requested a variance for the Winter Island property (1) to install an attendant's booth; (2) to locate a trailer at the site to house a security guard and (3) to permit recreational vehicles to use the property during the summer. A variance is required because the land is in an R-C district where the proposed uses are prohibited without a variance. The Board of Appeals, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The property in question is unique. It is one of the last undeveloped locations on the waterfront in Salem. 2. The proposed use of the property will be limited in time. 3. The proposed use of the property is expected to reduce the likelihood bf vandalism in the area. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows : 1. The property in question is unique because of its location. 2. The condition described above especially affects the land in question but does not generally affect the zoning district in which the land is located. 3. The condition described above which affects the land in question but not the zoning district generally, causes RFCEit:-=F; DECISION - THE WINTER ISLAND COMMISSION PAGE TWO JUN -1 P9 :55 CITY CLERK'S OFFICE the following special hardship: unless a -SpecSAIEPe#ij�} is granted, virtually no income producing use can be made- of this property unless the property is developed for residential or commercial use. 4. The desired variance may be granted without sub- stantial detriment to the public good. Therefore, the Board of Zoning Appeals unanimously . voted in favor of granting the requested relief. The Board grants a variance to the Petitioner on the following. terms and conditions: 1. An attendant's booth may be erected on the site and permanently maintained there. . 2. A trailer may be located at the site for a period not to exceed three years from the date of this decision. 3. The property in question may be used from the date of this decision to October 1, 1981 as an overnight camping ground for no more than 50 recreational vehicles which will be sited at the property in accordance with a plan to be developed by the Planning Department. I DATE: May 29, 1981 d_c:c��( Anthony M. FTherry, Secretary APP:f:C FU'.". T2 't:.a.:.+. < I;. C ri,.:c. 17 CP ii;C ,'.1193$. GFi HAL CA':i3. C:•fl .__ _ 1111 _ * aj -n - d D.vTS Ar.�t .n. 'Al041E tM-R^ OF 'TifS f,ECiS._.� T`i TH=,i� F-2 CF Mr.' C:cU. �i -•� - ( r y ^.17.11. - PuP� .'a TO 1111 1,111.... C-- ."u. 1111 '? ThI_ C.,A,.r: r.-:i.._.. . :C1_ 0; --. A C..:"( Or r:v f�, .. 'F '!: 'r sr_.q CB TYU, 1F y',.:i .'.I r. rE._ F,.� ., h'. �! ':!� ii:". _ 'u :� ._.. .D IS P.EWRD-'D CI T°'E f:. ., ESKX ^-1111. .. ,., __i.e :D t U -i.UZ.-i. L'IJ,, fill' r:A':: CF Tit' 077NEC .. OF RECORD OR IS K"MED AND 1:01'D Oi! Tli_ CV.0:ER1' Cc".T:f:i:i,iE OF VICE. BOARD OF APM A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK �ooM oirt'o . t (pita ofttXerii, tt> ttLl��te##� dnhlic �rtt er# �� e �r#tnen# M,. � � ��ui(lina �epttr#nten# Richard T. McIntosh One Salem Green August 11,1983 745-0213 i Re: Lot 423 Assessor's Map #2 [Winter Island Hangar-'-- 120 angar' 20 Varney Street Conservation Commission . City Engineer City Planner In accordance with City Council policy regarding the disposition of City owned land, I am requesting your approval or objection to the declaration of the above referenced properties, as surplus. Please indicate on enclosed form. Thank you, Richard T. McIntosh Director of Public Property eC s i AUG 52 Chi# 11f �lPm, Magliar4UUt#s CITY OF sLe °pass. +BrVar#uirnt of PubCu Works (gar 0alrm (6reen ANTHONY V. FLETCHER, R.P.E. WILLIAM F. HAIGHT,JR. DIRECTOR OF PUBLIC SERVICES ASSISTANT DIRECTOR OF PUBLIC SERVICES CITY ENGINEER August 16, 1983 Richard T. McIntosh Public Properties RE: Winter Island One Salem Green Dear Dick: I 'm not aware that the Hanger is for sale nor can I sign off this property as surplus at this time. A thong V. Fletcher, P.E. City EIfIgineer Direct irec r of Public Services AVF/mjt Copy: Greg Senko Councilor O'Keefe t Public Prnper#V Pepar#meu# "£s,w. ��"' �f uildriYq �e�r�rfnreu# Richard T. McIntosh One Salem Green August 11,1983 745-0213 i Re: Lot #23 Assessor's Map #2 Winter Island Hangar 20 Varney Street Conservation Commission City Engineer City Planner In accordance with City Council policy regarding the disposition of City owned land, I am requesting your approval or objection to the declaration of the above referenced properties, as surplus. Please indicate on enclosed form. Thank you, Richard T. McIntosh Director of Public Property f� V W APPROVAL FORM 1. ENGINEERING DEPAR MET I, holding the position of in the City of Salem hereby certify that the sub- ject property at presently owned by the City of Salem is not needed nor is it reasonably anticipated that it will ever be needed for public use. COM EPM ...... ....... .. ..... . ......... .... .. .. ... . . ... .. . . .... . ..... .. .. . . . ... .. . .. ... .. . . .... . 2. BUILDING INSP/ECIOWSUPERIINMMENT OF PUBLIC PROPE= I, t���rLd I f1 rGn f SA holding the position of� 1-oA e �- in the City1 of Salm hereby certify that the sub- ject property at yt 7-e� 4� S /cti C /'1 a a� presently owned by the City of Salem is not needed nor its mit reasonably antics ted that it will ever be needed for public use. COMMUS . 3. CONSERVATION CavMSSION I, holding the position of in the City of Salem hereby certify that the sub- ject property at presently owned by the City of Salem is not needed nor is it reasonably anticipated that it will ever be needed for public use. OJ.`V=S 4. PLANNING DEPARTMENT I, holding the position of in the City of Salem hereby certify that the sub- ject property at presently owned by the City of Salem is not needed nor is it reasonably anticipated that it will ever be needed for public use. C MEWS h { { r F "ll yr� t`f {I�4M, , ) { , p , - r .ti{; S v " ii ` f ��' A 7 . _ r i �" ' CITY OF SALEM MASSACHUSETTS 14r f ASSES SORS MIAPS AGPIDLE t"M y��y;`.A'Mi7V�y�t1l.p t1e ff>I rA,t,f,t-ts�,r.�t1t hyi,fxE q!�Ip'y•t.;}.,,:"dft vt s?t...t§` � .;" F .Y" ik % r �'i aI�YJ{Af C: y Y:'T`t< ,T :r JifF zr'��1hL•-'�otirD>#Yryk 0 naf�..i7 Ri++ � 't:,e. FORL•IT•HPToI�HC OK/UESR•F�IN./Gk ) r r�4 wa p 1oti f e t�F ffyy� 'J � f q 127/ AQ tit + o em R3 ' CPU WI �A fri..N�4h✓{+g�I� ' •'yr � .ay:`:"d�, 'lh: et'% � ±: '9 m�'*•� f-sS`irt�' �``n' .. - . .'1 , •tl4f�{2i+' { � (ii'' " s. + I\\ I.. ..� r+� ;y+r;,s"Kf P� r�'bb' *S ;ik;: a;tt. ,t '?�Fif.,.q e�t `„"M r �. 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'IANIr��r jEt< IAS Irj- t Z x X L ,.Uri U7.-lt»�rfi v - NnNC. cx Gr b. I _ � • _ _ 1 _. A . ..:: .r�lL.. . i "�G�f OF EN✓ If20NMCNITLQUhl.l'hll�"IJLo{rICCf�.lrl(� oL�T'111NA1° l.0 �rAT-F �'u fl `irTTX N t'O: 'fOrt I 11oK GUPtt..r wv - I'1- w_j of " f"-_ 1 }: { PJ�x but l �Q r br ! er, I�A,o ✓ IY „5T ?NC { f1 D �7 Cr hPn.l._ CO?F AND GIr� Or /ILEI l eOPCS O.n-•a 1^, t ` Ct7 !N t CT ` - ;�1 L(, ?`/INK�Z� Orr, aq'7 r� -A✓ E: I Ju�lrK,1jI cN t7 D A5 petZ . 'SH rA Goni cl art f rzr�Dvcrs WI -7rlNz,ms Mtn. l { 5J��Ir�r• { J7 _ Att, fIf7 CiI p' ifI"1 Cir lht.1'.N1 fc,Ur/tP t�-a GOr TZ) In ��J .Y'O tJ.GMIj ; CL7 N JL91 N'rt f4� T7j C, 1 . . . ._ .. Th Q � ' -- BGtxi e 7 GLesc3� T1 C,4r Jom411.p 4PIAP 5e- 40 op-A Jornrrp WG . aro,zA-rem —V(eNT ry P,r' 4 Mc, TzA--r•mrc prtc2r_ d,6ovG t~Kl�rlt�c� NANc�nrc 12xr l�ntc �Lt rl�� 14'.0 • 5 -- AIL1, 14D✓ZI�ONrTt� hND V!'✓LIGAcL C�^NT12oc. P� �rIC�12, ���r✓r-r.� Sovr�v L�va,opLNtc.�T� ��r� �{ CorlTa�nCT�rz. . { ' — MNY AND Ii -7r'DNr OrL 'SAENC'2 ./PZI4-r- `Vlii rnlG FxGAV-AND rev1WOUAt . — 60t trt"Jr' UN I 'Prt� 1-Oe- 612,AVer_, 13A CV-r'LL. �. �rZN� A H D r/�NAl_roN (J� 1rrZn,�rn✓t, . hr1A2t, IrJ t:t, It t' fJc,"'f. �N'f.L►'. At -f_i" �J q � � I u�.i GL la Dp O rN GVI�IG 3UM . f��p 'I ILO 'GfL , LIQ `I L. QNp 1�2 1.5 : {b 1•(1•?t'Li ,r?PlTi".ji - tE�` °S.,b �J.t_`rN Iii PEi: _�I V IL ,FM(-IN£E(L ' .-� '_ �'be `` REVISIONS t, NO. GATE eT (�MArt t�LC Neat? "A . 1 o'P» dPCa SAG-R C>aC l vT ( DAGHA-a ILITI , Ii DRAWN BY ALE MATERIAL CHK'D _ rryryrATE DRAWING NO - ! TRACED APP'D CJ. 0 oL 0 t'F 10..7 NO 1E3-22X90 - - T DANIEL J. LYNCH P. F- 210 Fashlop6ni N., Marhleheaok Maas.01943 — ENGINEERING d CONSTRUCTION 631.6145 Nov. 6, 1983 To Wliom It May Concern As of this date, this office is not responsible for the use and/or information on any plans bearing the Registration of Daniel J. Lynch, P.E. unless signed in the original. This applies to all documents whereon the affixing of the registration seal or license no. is required. This notice is not meant to reflect on any party but 4tPn a policy of this office. , P.E. DEPARTMENT OF THE NAVY ' TELEPHONE NO. NORTHERN DIVISION NAVAL FACILITIES ENGINEERING COMMAND 215-755-3975 NAVAL BASE PHILADELPHIA, PENNSYLVANIA 19112 Code 07:cg 10 August 1970 Honorable Samuel E. Zoll Mayor of the City of Salem City Hall Salem, Massachusetts Dear Mayor Zoll: The delay in replying to yours of May 18, 1970 has been caused by the consolidation of the Northeast Division, Naval Facilities Engineering Command, 495 Summer Street, Boston Massachusetts 02210 with other field offices into the Northern Division, Naval Facilities Engineering Command at the above address . Your offer to cooperate with the Navy for a site at Winter Island, Salem, Massachusetts upon which the Training Center is to be built contingent upon meeting your proposals as specified in your letter is under study and consideration. We look forward to an early meeting to further discuss the contents of your letter. Sincerely, r I� RBBIEDERMAN, CDR, CEC, USN Hea�yMana ement Department DEPARTMENT*OF TRANSPORTATION Address reply to: „ COMMANDANT(FSU-3) � - UNITED STATES COAST GUARD U.S. coasr GUARD WASHINGTON, D.C. . .. _ .. 20591 11011 2 1 DEC 1970. e Honorable Michael J. Harrington House of Representatives Washington, D. C. 20515 BTEC 2 8 �IC� Dear Mr. Harrington: In response to your recent request, status report on the Coast Guard Air Station, Salem, Winter Island, Massachusetts, is pre- sented as follows. The land area on the southern tip of Winter Island on which the former Salem Air Station rests comprises 20.5+ acres of land. Because of uncertainty of title, the Coast Guard has used the property under indefinite permits issued by the City of Salem and the War Department in 1933 and 1934, re- spectively. The United States originally held title to this property under deeds dated 1 September 1794, 24 June 1865 and 31 July 1867. On 12 May 1922, the United States conveyed an area of about 32 acres and an area of about 2.3 acres, by quitclaim deed, to the City of Salem for perpetual use as a public park subject, how- ever, to rights of the Government to use and occupy the property at any time for various purposes. It is not known whether or not the 20:5 acres lie entirely within the 2.3 and 32 acres. The Coast Guard Air Station functions have now been transferred to our Otis Air Station located at Otis Air Force Base, Massachusetts. The helicopter search and rescue operations for the Salem area have now been assumed by the Gloucester Station, Gloucester, Massachusetts. Our plans are to retain a site containing 5.8+ acres wherein are located the hangar building and aircraft ramp areas for a buoy facility. The remaining 14.7+ acres together with the im-, provements thereon will be reported to the General Services Administration, Region 1, Post Office and Courthouse, Boston, Massachusetts 02109, for disposal. The report will include the expressed interest of the U. S . Navy for purposes of a joint Navy, Army and Coast Guard Reserve Training Center, the City of Salem and the National Park Service for public park and historic purposes, the Plummer School as an educational facility and private interest for high rise housing. The report will also indicate that because of the uncertainty of title, the property is being referrod to the General Services Administration. , A drawing is attached which delineates the area to be retained, the portion to be reported excess to the General Services Administration, and the location of the old historic fort. Please advise if we can be of further assistance. Sincerely, GLENN F. OT NG Commander, U. S. Coast Ga-,-d Assistant C Lf, ;esis.ative Affairs ;division By direction of the Commandant Encl: (1) Drawing 2 I . I. CITY OF SALEM MASSACHUSETTS SA Y;U EL IE. "1_OI_L 11AYOR May 1S, 1970 R. J. Biederman, Cdr. (CIBC) USN 13xccutive Officer, Northeast Division Naval Facilities Engineering Command 495 Summer Street Boston, Massachusetts RE: 07/IIP:pam 11011/Rl-SAL (111.02) d1 I Dear Sir: Over a period of. tinge, ,.it least dining tae past year, there have been nogotiations between the Department of the Navy on the one hand and the municipal administration of the City of Salein on the other hand, relating to the request of the Department of the Navy for the granting 1) a quitclaim deed of all the right, title and interest of. the .City of Salem in a parcel of land located on Winger Island in our city. It is our understanding that it is desired to use a porton of this land for the erection and operation of a Naval Reserve Training Center resulting from the anticipated closing of two training centers in Lynn and Salm:. We have had a number of conferences recently, at first involvin,­ the City Council and later involving the undersigned as Mayor, with NIr. Henry Pass and Mr. Leo J. Bush acting on behalf of the united States Navy. Both of these gentlemen have been extremely cooperative and fully understanding of the needs of the City of Salem and of my desire to work the' Situation out in such a manner that the resul.ts n:ay be favorable to all. the citizens of the City of. Salem. I conveyed to those gcni:lemcn my feeling that I would ]ileo to cooperate . with their wishes in ob�aining t:he giritoiairn deed Ironi the City of Salem-of the desired parcel. However, I emphasized tl_e point that I fool I owe it to the citizens of .Salem to obtain s10 no benefits fol' thein Ili 'his highly des;.rablc parcel: of,which the city has very few available for recreational and conservai:ion -1- 11L J. Biederman, Cdr. -2- May 18, 1970 use. Coincident'al ty, at this very time it appears that the Coast Guard is about to discontinue the larger part of its present use of this particular area. I have just under elate of May 11, 1970 received a communication from the Commander of the First Coast Guard District, a copy of which is enclosed, which informs tis of the present status of the Coast Guard regarding the air station at Winter Island. The entire area involved which is presently owned by the City of Salem but as to which substantial rights exist in favor of the United States for clefcuse purposes, consists of approximately 27. 1 acres. It is our understanding that tine area over which the Coast GuLird 1c,r a short period of time desires to retain control consists only of the hangar and the helicopter pad, which is comparatively speaking a very small area. The needs of the Federal govern mont seen to consist of this particular area which for a time the Coast Guard desires to continue to use and the additional parcel referred to above, as to which the Navy desires to obtain a quitclaim deed. This latter area, I am now advised, has been reduced to a parcel consisting of approximately 4.'5 acres. My interest as Mayor is in having returned to the City of Salem complete jurisdiction and control of the area other than the 4. 5'acre parcel, so that the City of. Salem will have the benefit of the balance of 22. G acres. My conversations with the respresentatives of the Navy, therefore, have been directed toward this latter objective, and it seems that lander the present circumstances in which the interest of the Coast Guard is now reduced to a minimum, this objective mi.-lit well be attained. In connection with the negotiations which have been tai ug place with the representatives of the Navy for the grauting by quitclaim deed of tine title to the 4. 5 acre parcel for the purposes of a Naval Preserve Training Center it is my feeling that our arrangements should include the -return to the City of. Salem of the rcmaining area. It will, of course, be necessary for the Department of. the Navy to install utilities for sewer, water and other facilities required in the operation of the Naval Reserve Training Center. The construction and nnaiiitainance costs or.. such facilities will , of course, have to be provided by the Department of the Navy and it is my position that following such installations they will be available to the City of Salem and its citizens without any cosi: to the city. hl addition, since it is my R. J. Biederman, Cdr. -3- May 18, 1970 understanding that the buildings to be erected by the Department of the Navy will not be in constant use, the buildings should be made available for civic fimctions involving the citizens of Salem when not in use by the Department. I do understand that it will probably be necessary to obtain some kind of: Congressional apliroval to satisfy these conditions and I solicit an expression of opinion as to the needs of the Department of the Navy and the Coast Guard under these present circumstances. I would hope that the matter can be resolved in such a way so as to fulfill the needs of both the Federal government and the City of Salem. Sincerely, SEZ: nw SAMUEL E. 6LLN Enclosure Mayor cc: Congressman Harrington Mr. Pass Mr. Bush Mr. Pitcoff •�`--^ -•—•-,, COMMANDER. FIRST COAST GUARD DISTRICT GOVERNMENT CENTER - BOSTON, MASSACHUSETTS 02203 3100 11 May 1970 Honorable Samuel E. Zoll Tlayor of Salem Salem, Massachusetts 01970 Dear Mayor Zoll: In an effort to keep you informed of Coast Guard planning with respect to the Air Station property at Winter Island, we anticipate retaining custody of the real. estate and buildings for approximately one year after we report our vacating the premises to the General Services Administration. During this interim period we plan to deploy a helicopter to the Salem Air Station on weekends and holiday periods of peak boating activity to provide air rescue coverage to the Beverly,' Salem, Marblehead areas. As our plans become firm I will be most happy to inform you and will be prepared to meet with you to discuss further details as you may desire. — Sincerely-, o . .,X, C I W.B' ELLIS Rear Admiral, U. S. Coast Guard Commander, First Coast Guard District , rT71IS I Z21UII node this d-y of n'v/ AMR 9 { ,132 , bet�lecn the UNIT2D STun � Off' 1,y. IM, actlnS through and A.r/`/'JO�yy Si e0i.c, ;iJGrE:'^' Lary of War, pasty of the first part, and the CITY to SIy', in the State of assaclrasetts, party of the second part, 41'i'2A'KETH, t'lft;;M:?S; by Act of Congress approved FabrLmry 25, 1922, (Public- No, 153, 67th Congress) , entitled ,v:tin Act Providing for the conveyance of certain unused military reservations in the State of iassachusetts to the city of Salem and the talwm of 11arblelleadtr, the Secretary of '':.ar is author- ized and directed to convey, by quitclaim deed, to the City of Salem, in the State of Yassachusett S, for perpetual use as a public park or Other public use, certain property therein and hereinafter descrir-do NG:i TIDRE O'h'o:, the UNIZED STATES OF AMERICA, acting through and by John W. ?Peeks, Secretary of 'filar, by virtue of said Act of Congress here- by conveys, remises, releases and quitclaims unto the said, City of Salem., in the State of hossachusetts, for perpetual use as a public park or other public use, all the proprietary right, title and interest of the United States of America to and in that certain tract of land, together with all structures and improvements thereon owned by the United States, embraced within the military reservation knoom as Port Iee, situated on Salem Neck, in Essen County; in the State of 11assachnsetts, and containing approsira.:tely two and three tenths (203) acres, being the same land that too conveyed to +, the United States by the City of Salem, by deed dated July 31, 1867, re- corded in Book 730, leaf 10 of wed Records of.Essex County, I.ussachusetts, AICD all the proprietary right, title and interest of the United States to and in thosecertain tracts of land, together with all structures and improvements thereon owned by the United States, embraced, within the military reservation known as Fort Pickering, situated at Salem, in Essex County, in the State of Lassachusetts, including a tract on Hospital Poi; , and a portion of ',linter Island, in the harbor, and containing an aggregate area of approxinately thirty-two Q32) acres, being the sane land that ;as conveyed to the United States by the inhabitants of the City of Salem, by deed dated September 1, 170, recorded in Book 138, leaf 190 of the DO& Records of Essex County, Massachusetts, and by deed to the United States from the City of Salem, dated June 24, 1855, recorded in Book 675, leaf 291 of the same Records: Frovialq,, however, That the property hereby conveyed shall be used for public park purposes, or other public use only, and array or all of said laud shall be subject to the right of the United states at any and all times and in any manner to assume control of, hold, use and Occupy without license, consent or leave from the said City for any and all military, naval or lighthouse purposes, free from any conveyance, cha--ogee, enc' ara_,cas or liens made, created, permitted or sanctioned thereon b;;; sai, City; Provided further, That the United Sates shall not be or becorns li_Uble for any d roages or compensation whatever to the ^paid. City for any future 33 by the Government of any or all Of the aU07e-M3Uti.O'IC-,I land for an C t:t':.0 above-nentiCllad purposes, Apd p:r vit]Lz' L11- kl=^.3., That if th^ said ]-and shall not be used for � 3 �� - - d1�e 1112"pOSeS h 4•e i.nzlb OYa IIlenGJOne�. the 5a?%3 0,• SAG:t 7:?,1'ti thereof not so used shall revert to the United States, i 11: iITtT'.SS M Ull EO , the said John W. `leeks, Secretary of tar of .the UNITED STATES OF Iu.'RICA, under -the authority of the ;pct of Con- gress aforesaid, has e:!>ecutod these presents under his hand and the seal , of the lar Department this the day and year first above written, r m omr n UD ��D .,. ATL3 O .hla-Rlal', By: Be//crre' " taVy of Waro UNITED STATES OF AT,e�'RICA } G } ss. i DISTRICT OF 0OWMB1A ) On this 2 day of_ ` y , 1922, before me appeared John Li, Beeks,. to me personally known, who, by me being duly sworn, did say that he is the Secretary of i'lar of the United States of America, and that the seal affixed to said instrument is the official seal of the MAY D pa.rt- ment, and that said instrument was signed and sealed in behalf of the United States of America by virtue of the authority contained in the Act of Congress approved February 25, 19229 (Public-bio. 1539-67th Congress} entitled "An Act Providing for the conveyance of certain unused military reservations in the State of Yassaebusetts to the city of Salem and the town of Barblehead"; and the said John W. Weeks acknowledged said instrument to be the free act and deed of the United States of America, NY Connission expires- Notary Public���