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315 DERBY STREET - BUILDING JACKET ✓�J� �� RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1942-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S SEGAL MARY PIEMONTE HARRINGTON GEORGE W.ATKINS, III KATHLEEN M.O'HAGAN GARY DAVIS,JR. TEL(978)744-0350 FAX(978)7447493 FILE NO. OF COUNSEL JOHN H.RONAN May 19, 2003 City of Salem City Hall Salem, MA 01970 Re: Beverly Co-Operative Bank Project/ 315 Derby Street, Salem MA Dear Sir or Madam: In accordance with the Public Notice requirements set forth in 310 CMR 9.13 of the Department of Environmental Protection's Waterways regulations, enclosed please find the following documents in connection with the above-referenced project: 1. Department of Environmental Protection Public Notice, which provides public notice that a public hearing is scheduled for Wednesday, June 11, 2003 at 7:00 p.m. in the Salem City Hall Annex; 2. A project narrative; and 3. A site plan for the project. Thank you in advance for your consideration and please do not hesitate to contact me if you have any questions or concerns regarding the enclosed material. Very truly yours, & (,v ,`. Gary Davis, Jr. GD/Iml Enclosures I 7 �rt ii.l � k SOUTH RIVER GRANITE I i BLOCK WgCL I I LOCUS AWP SCALE- 11-8001 HAW WAMP.WRK LSfHIIKW- 7..0(AVW) GRANITE n"AGKW- 11.84 (A&W) BLOCK WAG( R' W4LKW,4 i LTi _ RIVE WAY a 4 PRO to LGVKSE i H y /J9DRIVE WAY I I EX/SRNG PARK/NC I I I BU/CO/NC 1 PRQ9ASED a��{ cacs�as�����cc�.0 .,..z s EXIS77NO tt ' . • GRTTL'£& 1 \ i CXFK'E, 4'CWMUN/!Y R01W 1 LAFAYE7TE STREET EX/SANG PRWECT SIX IS BELOW ELEVARON 10.0, THE PROLACOT LOCARON.- /JIS DERBY STREET NGVD GRADE OF 771E FEMA 100 SALEM, MASS, FEBRUARY 5, 200J YEAR FLOOD. ASSESSORS AWP J4, PARCEL 444 PROPOSED CONDITIONS PLAN 0' ?0' 40' 80' 1247UAC U.C.W. 100 YR FLOOD EL.=14.84 U.C.W., LL.=10 SCALE.- I=40' SHEET 1 OF J N.C.VD. (TAKEN FROM F.LR.M. 250102 0001 B. REVISION CUTE AUGUST 5, 1985.) PLANS ACCOMPANYING PETIRON OF THE BEVERLY CO-OP£R4T1W 84NK TO CONSTRUCT PARKING AND A DRIVE THRU " AND RE-USE EX/ST/NC BUILDING ON f7LL£D TIDELANDS ON THE SOUTH RIVER, SALEM AI4SS4CHU5£TTS ESSEX COUNTY. APPLICATION, APPENDIX D Public Purpose Statement The Beverly Cooperative Bank (the"Applicant") makes this application for a Chapter 91 license, seeking approval to make the following improvements to the building and land situated at the corner of Derby & Lafayette Streets in downtown Salem: (1) renovate the existing buildings on this parcel into a branch office of approximately 6,700 square feet, with two(2)drive-thru teller lanes to be installed on a small portion of the lot and to the rear of the building; and (2) construct tenant spaces for professional offices complimentary to the Applicant's business, such as real estate brokers, lawyers and accountants (collectively referred tows the "Property"or"Project"). In addition, the Applicant seeks confirmation that the Property can be used for banking services and professional services that compliment the banking services to be provided on the Property. To ensure that the Property and surrounding area will satisfy the public access concerns set forth in the Department's Waterway's regulations at 310 CMR 9.00, the Applicant proposes to enhance this undeveloped and underutilized area of Salem, and accessible to the community, by: (a) constructing walkways and a public park to be situated in the rear of the building; (b) constructing a community room at the south side of the complex for use by community groups for meetings; (c) constructing a semi-public access way through the building, which access-way will be open to the public and will connect Lafayette Street to the"Salem Harbor Walk" at the South Canal, during extended Banking hours; and (d) creating seven public parking spaces, situated at the rear of the Building, but away from the South River, and to be used by the public at large. The enhancements identified in items (a)through (d) above required the Applicant to acquire a posessory interest in a combination of public and private properties that are adjacent to the proposed Salem Harbor Walk at the South Canal. Furthermore, with the strong support from the City of Salem (the"City"), the Applicant has secured all City permits for this project including: • Zoning Board of Appeals • Design Review Board • Board of Health • Conservation Commission • Salem Redevelopment Authority • Salem Planning Board • Salem City Council The Applicant further notes that the South River planning area as a whole, and this site in particular, is quite constrained from a development perspective. Specifically, the City and the Massachusetts Electric Co. ("Mass. Electric")own a substantial portion of the land situated to the rear of the Property. However, after extensive negotiations, the Applicant secured a long-term lease of over 9,000 square feet of land owned by Mass. Electric. The Applicant also secured easement rights to the City owned parcel that is situated to the rear of the building. Although a portion of these parcels will be used to provide access to the Applicant's drive-thru teller lanes, a majority of these parcels will be used (a) to improve access to the South River (b) as open green space (a park)and (c)to provide public parking for the public at large. The Applicant will assume the cost of securing lease rights with Mass Electric, making the aforesaid improvements, and maintaining the open space and park area and the public parking area. The applicant further notes that the acquisition of a posessory interest in the Mass. Electric parcel, at the Applicant's expense, represents a unique and important feature of this project as this acquisition enables full public access to the Salem Harbor Walk, which access would not have been possible without acquiring a possessory interest in this parcel. In addition, the Applicant will, at its own expense, develop and provide ongoing maintenance on the City owned portion of this project. The Applicant's Project is consistent with the objectives presented in the Salem Harbor Plan that was approved by the Secretary of Environmental Affairs on November 9, 2000 (the"Plan"), and the open space objectives contained in the Waterways Regulations at 310 CMR 9.31(2). Because the proposed Salem Harbor Walk may take significant time to develop, the Plan proposes that the City of Salem take advantage of opportunities to establish public access entitlements as they arise, including the establishment of easement rights, state regulation under Chapter 91 or voluntary agreements with landowners. To that end, the Seaport Council has furnished the City of Salem an unrestricted grant to construct the Salem Harbor Walk along the south side and west end of the South River. The Seaport Council grant does not extend to the northerly side of the South River, and therefore applicants seeking a c. 91 licenses along the northerly side of the South River may be required to construct a portion of the Salem Harbor Walk along this section of the South River. However, the Seaport Council grant does provide for the construction of that portion of the Salem Harbor Walk immediately adjacent to the Applicant's project. The Plan also includes several recommendations to make Salem's waterfront more recognizable as a distinct City district, and more easily accessible by foot, water, transit and automobile. The Applicant maintains that the establishment of a bank and public function facilities will be a featured attraction for this underutilized area. Moreover, the banking services to be provided will serve a quasi- public service and will generate pedestrian traffic flow, thereby enhancing public exposure, to this waterfront area. In connection with the public access features described above, the Applicant has secured (a) lease rights to an adjacent parcel of property owned by Massachusetts Electric, and (b) easement rights to an adjacent parcel of property owned by the City'. All three underutilized public and private properties are situated at the rear of the Property and adjacent to the proposed Salem Harbor Walk. In keeping with the open space and public access goals contained in the Plan, the Applicant plans to develop the Mass. Electric land into a landscaped public park, walkways and seven public parking spaces. While Mass. Electric will have easement rights to gain access to an 115000-volt underground electric cable and electric cabinet, the Applicant will assume the responsibility for developing 4,087 square feet of land into landscaped areas and walkways to be coordinated with the Salem Harbor Walk: In addition, the Applicant will assume responsibility for making the improvements and maintaining the park, additional, green space and the public parking area. The Applicant also plans to develop the City parcel into a landscaped area and park,walkways, a drive-thru canopy and supporting driveways. Of the original 12,963 square foot parcel, the Applicant plans to convert 8,167 square feet of land into landscaped areas and walkways. Finally, the Applicant acquired a'5,015 square foot lot that is mostly occupied by a single story building. To the rear and east of the lot is a small driveway and shed building containing approximately 1,524 square feet. The Applicant plans to convert 1,220 square feet of this land into landscaped areas and walkways that will serve as walkway access to the rear of the tenant areas and community room as well as landscaped space. A small portion will contain two public parking spaces. Except for the drive-thru facility, the Applicant will not be constructing any new buildings. The Applicant maintains that its development and maintenance of the landscaped area, driveways, sidewalks, and lighting in the rear of the buildings, is consistent with the Plan's goals and objectives and will provide the necessary access to the Salem Harbor Walk that will be constructed under the Seaport Council grant. ' The Applicant has also purchased a parcel of property that is situated on Peabody Street and within the jurisdiction of Chapter 91. Although this parcel of property does not fall within the scope of this Application or Project, the Applicant is committed to working with the City of Salem, who owns an abutting parcel on Peabody Street. In light of the foregoing, the Applicant maintains that the Project clearly serves a proper public purpose that provides greater benefit than detriment to the rights of the public in said lands. Specifically, the Project does not increase any existing private use on the Properly, but merely clarifies anticipated future use on an existing licensed property. Because the proposed project includes the buildings adjacent to the City and Mass. Electric properties, and because neither parcel was envisioned as open space in the Harbor Plan, the project will expand the area dedicated to public access to a degree comparable to what is being displaced on the City-owned parcel. Therefore, in total, the public will enjoy the same access benefits, as would be available had the city developed a small park on the site as illustrated in the Harbor Plan. Furthermore, because the open space has been expanded to include the adjacent parcels, the Applicant has created more useable space than was envisioned in the original plan and has produced a net gain of open space in the area. By acquiring these properties, the Applicant is playing an intricate role in implementing the vision of the Plan concerning the development of South Cove. These parcels will enable full public access that would be denied without this parcel. Moreover, the Applicant maintains that if it is granted its license, and accordingly assumes responsibility to implement the landscaping plan and create pedestrian access, it will significantly enhance the existing natural features. Finally, by acquiring control of these properties and making the anticipated improvements, the Applicant will (1) improve access to the South River; (2) create green space (a park)and (3) provide public parking. The Project conserves and utilizes the capacity of the project site to accommodate water- dependent use, as contemplated by the applicable provisions of 310 CMR 9.51 —9.52. The Project enhances the capacity of the Salem Harbor Walk to accommodate water-dependent use. By virtue of the two previously issued licenses to fill the Properly, combined with the goals and objectives of the Plan, no water dependent use is contemplated along the Salem Harbor Walk or in the immediate vicinity of the Properly. More importantly, the Applicant's proposal to install a drive-thru teller and rehabilitate the existing structures will be designed to attract the public to the waterfront area; and the construction of public parking are all designed to attract the general public to this undeveloped area and promote the development of the Salem Harbor Walk area. To the extent that the banking services and proposed tenancies may be regarded as a private non-water dependent facility, The Applicant maintains that the proposed Project and its intended use will not conflict with any potential water-dependent facility, as the Plan does not contemplate any such facility to be located on or near the Project site. The rehabilitation of the building and construction of the drive- thru will be developed in a manner that protects the utility and adaptability of the site for water dependent purposes. Other than those water dependent uses stated in the Plan, no other water dependent uses are contemplated within the immediate vicinity of the Applicant. Finally, the Plans attached to the Application clearly demonstrate that the design and layout of the existing building and the proposed drive-thru, along with the dedication of the adjacent parcels to the Salem Harbor Walk, comply with the concerns and objectives raised in the Plan and satisfy the surface area, layout, configuration and pedestrian access network concerns raised in 310 CMR 9.51(2) and 9.52. The Applicant maintains that it is entitled to a waiver from the requirement set forth at 310 CMR 9.51(3)(b)concerning the location of non-water dependent facilities on the ground level of a filled tideland and within 100 feet of the Property's shoreline. Here, the Applicant proposes to maintain office space tenancy on the ground level of a filled tideland within 100 feet of the Property's shoreline. However, the Applicant maintains that it is entitled to a waiver of this setback requirement as the Project conforms, in all respects, to the Plan that was duly approved by the Secretary and specifies alternative limitations that ensure that no significant privatization of waterfront areas immediately adjacent to the water-dependent use zone. The Project complies with the additional standard for activating Commonwealth tidelands for public use, as required by 310 CMR 9,53. Specifically, the Project promotes public use and enjoyment of Commonwealth Tidelands that is fully commensurate with the proprietary rights of the Commonwealth, The Applicant has devoted sufficient interior space to facilities of public accommodation. Moreover, the building, adjoining community room and associated public access enhance the destination value of the waterfront and serve significant community needs. These facilities will be located on the ground level that is, by its nature, designed to attract a broad range of people. The Applicant also notes that by creating public parking a park area and public access for active and passive public recreation, this Project is designed to attract and maintain substantial public activity associated with the use and enjoyment of the Salem Harbor Walk on an annual basis. Specifically, the public accommodation features of the Appl'icant's Project, combined with the Applicant's dedication of the three adjacent parcels to the Salem Harbor Walk, clearly ensure that any of the Applicant's private advantages are not primary advantages, but merely incidental to the achievement of the public purposes. Finally, the Applicant states that, in addition to the water-related public benefits described above, the Applicant is willing to assist the City of Salem by contributing resources not to exceed $10,000.00 towards the promotion of water-based public activity associated with the future development of a public park area that is situated on Peabody Street, Salem, MA and within the jurisdiction of Chapter 91. This assistance has been discussed with the Mayor of the City of Salem; and the City agrees that the Applicant's proposed assistance is an acceptable substitute provision to the water sheet activation provisions contained in the Salem Harbor Plan. In light of the foregoing, the Applicant maintains that the Project complies with the public use and enjoyment considerations raised in 310 CMR 9.53. Finally, the Applicant maintains that the Property is situated within the Coastal Zone, as designated by the Massachusetts Coastal Zone Management(CZM) Program. CZM has represented that it will furnish the Department with written confirmation that the Project complies with the goals and objectives presented in the Salem Harbor Plan and complies with the standards governing consistency with the policies of the Massachusetts Coastal Zone Management Program under 310 CMR 9.54. The Applicant further states that while the Massachusetts Electric facility, an infrastructure facility, is contiguous to the proposed Project area, the Massachusetts Electric parcel is not within the scope of the Project, and therefore neither the requirements of 310 CMR 9.31(2)(b)(1), nor the special mitigation and public access standards set forth at 310 CMR 9.55, are applicable to this case.