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64-246 - 23 CONGRESS STREET - CONSERVATION COMMISSION /r 64-246 23 congress $t. - �. Pickering,Wharf r a Al�- _ •_ _ � ...._--�� ...�- mow._ .yq _.. N f, KMARINE RESOURCES RECEIVE TUCKER'S WHARF,P.O.BOX 212 'JAN 14 1997 MARBLEHEAD,MA 01945 Salem Planning Dept. Mr. Fred Harney, Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 01/14/97 RE: Amend Order of Conditions # 64-246 Dear Sir; Pickering Wharf Realty Trust proposes to amend the above referenced Order of Conditions issued by the Salem Conservation Commission. The proposal is to add a granite face to the sheet pile bulkhead described in the referenced Order of Conditions. The bulkhead extends from Congress Street East to the walkway fronting the Chase House Restaurant. In order to provide public access we also propose to add a ten foot(10') wide walkway for the entire distance from Congress Street to the Chase House. Respectfu y submitted- William H. Kelle Agent for owner WATERFRONT-LICENSING& CONSTRUCTION 617-639-4454 FAX 617-639-4640 DPP Fdc No. �,- 310 CHIC 10.99 (To be provided by DEP) Form 5 Gtyno�a SALEM ApplinotNORTH SHORE MARINE INC. Commonwealth AMENDED of Massachusetts 1-23-97 Order of Conditions Massachuetts Wetlands Protection Act G.L. c. 111, 540 - - From SALEM CONSERVATIQN COMMISSION Issuing Authority F MARINE TNr PICKERING WHARF NOMINEE TRUST To ^^ ^ '^ (Name of property owner) (Name of Applicant) Address 215 DERBY STREET, SALEM, MA Address59 WHARF STREET SAT FM MA This order is issued and delivered am, follows: _ ❑ by hand delivery to applicant or representative on (date) '` by certified mail, return receipt requested on (date,)Z, This project is located at 23 CONGRESS STREET SAT-FM MA The property is recorded at the Registry of ESSEX COUNTY Book 13191 page 151 certificate (if registered) N/A The Notice of intent for this project was filed on 3/1 /gh (date) The public hearing was closed on 3/14/96 (date) Findings ThernMnTrcc rr)N has reviewed the above-referenced Notice of intent and plans and has held a public hearing on'the project.... Based^on.thsanforartton available to the COMMISSION - at this time, the CnprtprT ccrnN has determined that the are an which the propo sed='work is to be done, 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 Flood Control Lard containing shellfish private water SUPPLY Storm damage prevention Fisheries Ground water SupplY prevention of pollution protection of wildlife Habitat Total Filing Fee Submitted $400.00 State Share (1/2sfee mSeaeess of f25) $212.50 City/Town Store Total Refund Due f city/Town portion f State portion! (1/2 total) (1/2 total) Effective 11/10/89 5-1 Therefore, theCOMMISSION _hereby finds that the following conditions are necessary, in accordance with the Performance standards set forth.in the regulations, to protect those interests checked above. The COMf2ISSrON orders that all work shall be performed in accordance with said conditions and with the Notice of intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of intent, the conditions shall control. General Conditions 1. Failure to comply with all asmeasures, shallons stated hbe deemeddcause toall revokeed statutes and other regulatory me or modify this order. 2. The 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 complyinwith all other applicable federal, state or local gg r�# statutes, ordinances,'by-laws orsregulations. 4. The work authorized hereunder shall be completed within three years from the date of this order unless either of the set sewing prow dad for in the- x (a) the work is a maintenance dredging project 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 not 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 issuing authority at least 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 debris, including butnotlimited to lumber, bricks, plaster, wire, lath, paper, cardboard, pip , 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 been filed, until all Department have been completed. proceedings before the ted. 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 Registry's recorded land, the Grantor index under name ofder hthe owner all also be noted in the Regist ' of the land upon which the proposed work is to. be done. in the case of regietered land, the Final order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the all be proposed work is Co be OMMISSION Ton the oform 4atnthemendof nhthis order submitted to the prior to commencement of the work. 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 Protection, File Number 10. where the Department of Environmental Protection 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. 5-2 I 11. Upon completion of the work described herein, the applicant shall 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: Plans: Title Dated signed and stamped by: on File with: NORTH SHORE MARINE: 2/29/9h Frani.: ?`._ n.PD"lA� _ — Commissinn Wall Repair, Pickering Wharf Mari^ i`�� v Special conditions (Use additional paper if necessary) f, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Leave. space. Blank). . .. . . . . . . . . . . . . . . . . . . . ..... . . 5-3A r Plans: Title Dated signed and stamped by: on File with: special conditions (LYee additional paper if necessary) "4 F9µs:i i (Leave. space. Blank). . . . . . . . . . . . . . . . . . . . . . . . . ..... 5-3B C=aervation comm' on Issued By Signature(e I �j+ z 92d9zi This order must be signed by a majority of the conservation commission. On this day of 19 , before me personally appeared to me known to be the- person described in and who executed the foregoing instrument and acknotrledgad.*, ,�� id that he/she executed the same as his/her free act and deed. Notary Public My commission expires The applicant, the owner, any person agrrieved 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 Deportment of Enviramantal protection to issue s Superseding. order, providing the request is msde by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form es provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A Copy of the request shall at the gems time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the prior to Coame cement of work. ................................................................. issuing Authority To pleas@ be advised that the order of Conditions for the project at Fila kuober has been recorded at the Registry of hes bean noted in thechain of title of the affected property in accordance with General Condition 8 an ,19 if recorded land, the instrusent amber which identifies this transection is if registered land, the document Haber which identifies this transaction is Applicant Signature 5-4A issued by the Department of Environmental Protection Signature on this day of 19 ' before me personally appeared 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 the superseding Order, any owner of land abutting the?lardis � upon LA(M the prapaeed=Murk is to,be done. or any ten Per"m,PAsuent to G.L. e.30A S10A„an fwtnMFP � notified of their right to requost•an ndjuediestory hearing purewnt to G.L. c.30A, 510, previdiro ton -*� requet is made by certified nail or hard delivery to the Department, with the appropriate filingAee ands--':.-` Fee Tr~ittal Fore as provided in 310 CNR 10.03(7), within ton days from the date of Issuance of this Superseding Order, and is addressed to: Docket Clark,cO�fo of General Counsel, Dthe eportment t f Ebe nvironmental Protection, one Winter Street, goston, mA 02106.certified mail or had delivery to the Conservation Commission, the applicant, and any other party. A Notice Of Claim for an Adjudicatory Nearing shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information: (a) the DEP Wetlands File Number, name of the applicant and address of the project; represented (b) ton complete name, address and telephone embeand, if reprr of the party filing the request, by counsel, the now and address of the attorney; (c) the nomas and addresses of ell other parties, if known; ■ clear and concise statement of (1) the he facts which are grounds for the proceedings, (2) the objections to this Superseding Order, including specifically the marcor in which it is alleged to be iroonafatant with the Department's Wetlands Regulations (310 CMR 10.00) end does not contribute to the protection of the interests identified in the Act, and (3) the relief sought through the adjudicatory hearing, including apeeifically the changes desired in the Superseding Order; (e) each temenentpthat a creprasethe reqive eestshhas been t to t WrnY.sent krwwne applicant, the conservation eammiesi'on and oth Of Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for M Adjudicatory mooring. rior to commencement of work. Detach M dotted tins and submit to the p .......................................................... issuing Authority. To Mass be advised that the Order of Conditions for the project at File mudwrz.� 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 6 M 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document weber which identifies thfs'transaction is Applicant Signature 5-6B AMENDED 1/23/97 SPECIAL CONDITIONS #64-246 PICKERING WHARF 1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting documents, final specifications which shall be filed with the Commission prior to construction, and existing and proposed conditions plans sheets 1 of 2 and 2 of 2 for Pickering Wharf Public Access Walkway dated Dec 22, 1996. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice of Intent. 2. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3. Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit,prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described int he Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. During construction, no debris, fill, or excavated material shall be stockpiled within 50 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. Cover stockpiled with tarp in case of rain. 7. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. Keep equipment 40' away from water. Clerk of Works shall inspect parking lot to inspect for drainage problems. SPECIAL CONDITIONS #64-246 PICKERING WHARF (Cont.) 8. *No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 9. *Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate the ban. 10. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the names(s), address(es), and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. 11. The Pickering Wharf Public Access Walkway existing and proposed conditions plans sheets 1 of 2 and 2 of 2 shall require approval of the City of Salem Harbormaster. *ongoing conditions that do not expire upon completion of the project or issuance of a Certificate of Compliance. s&conwm\ooc\pickemg " y 310 CMR 10.99 DFP Fdc No. (To be provided by DEP) Form 5 city/roma SA OLE M Applioat R S co®omrealth hC" of Massachusetts order of Conditions X&ssachuetts Wetlands Protection Act G.L. c. 131# 540 a From 5/q`tVYy�, CaMSNama. i/I��ISSA@Lissuing Authority To A/0" S!V/6tP (Name of Applicant) ( e of property owner) AddressZ 15 17t2b S�,SR�P/h Address This order is issued and delivered as.fcllowst _µ z ❑ by hand delivery to applicant or representative on (date) by certified mail, return receipt requested on (date)t - This project is located at 2� ss S� SenM WAR The property is recorded at the Registry of Book 13+�( Page l5 Certificate (if registered) The Notice of Intent for this project was filed on 314L (date) The public hearing was cloned on 3'1'-41qt (date) Findings 1 he - 06 MrM\o(m-� has reviewed the above•refereneed Notice of intent and Plans and has hold • p,bli hearing on the pro)eet'.= gud.on thranfonsat ion available to the C'ra AMI52- at,,this time, the ( A,rt_ .a8io.�.. _ has determined that the area an which the proposed work is to W,dq a i.ai signif team 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 Flood Control Lard containing shellf ich Private water supply Storm damage prevention Fisheries Ground water supply Prevention of pollution Protection of Wildlife Habitat 400, 6b State Share ��—i'5a Total Filing fee SubmitteddGT (1/2 fee in excess of S25) City/Town Share -2,( Z v 5V Total Refund Due S City/Town Portion S State Portions (1/2 total) (1/2 total) Effective 11/10/89 5-1 J Therefore, the �niSDd°nief>m� hereby finds that the following conditions are necessary, in accordance with the Performance standards sett forth io the regulations, to protect those interests checked above. The orders that all work shall be performed in accordance with said conditions and with the Noticeof Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. The order does not grant any property privattsor te property xclisiveiprivvileges; it does not authorize any injury to private rights. , 3. This order does not relieve the permittee or any other person of the «, i necessity of eomplyin with all other applicable federal, state or local statutes, ordinances, -laws or regulations. �, tm 4. The work authorized hereunder shall be completed within three years from the date of this order unless either of the wi g app dy for in the - - -- (a) the work is a maintenance dredging p ject aep Act; or (b) the time for completion has been extended to a specified ate 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 cation tfor one or more periods of up to thrng ee years each upon app authority at least 30 day: 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 debris, including but notilimited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipet 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 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 order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to. be done. In the case of registered land, the Final order shall also be noted on the Land court certificate of Title of the owner of the land upon which the P work is be done. The recording informatin shall be submitted tc the i ew on the form at the end of this order prior to commencement of the work. 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 Protection, File Number 10. where the Department of Environmental Protection is requested to make a determination and to issue asuperseding agency proceedingsoandrhearings before commission shall be a party to the Department. 5-2 Y . I 11. Upon completion of the work described herein, the applicant shall 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: Plans: Title Dated signed and stamped by: on Pile with: /✓den/Sho ErhArrin6. 2zy 6 F�'1r/L� !�. �r'o��a /Jl�irr.or� - Special conditions (Use additional paper if necessary) (Leave space Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3A c Plana: Title Dated signed and stamped by: on File with: Special conditions (tree additional paper if necessary) tl � (Leave space Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3B conservation commission Issued By signature(s) This order must be signed by a majority of the conservation commission. Y on this da of 19 , before me personally appeared to me known to ba 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 sorrieved by this order, any owner of land abutting the land upon which the proposed work fs to be done, or any ten residents of the city or tam in which such land is located, are the pr notiffed of their right to request the Department of Environmental protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the Form as provided in 310 CMR 10.03(7), within appropriate filing fee and Fee Transmittal ten days from the date of issuance of this determination. A copy of the request shell at the same time fx sent by certified mail or hand delivery to the Conservation Commission and the applicant. a . Detach an dotted lire nnd submit to the prior to coa eneeaent of work. ............................................................ Issuing Authority To Planes be advised that the order of Conditions for the project at File Number has been recorded at the Registry of hes been noted in the chain of title of the affected property in accordance with General Condition 8 on ,19 if recorded land, the instrument number which identifies this transsetion is if registered land, the document nu bar which identifies this transaction is Applicant Signature 5-4A issued by the Department of Environmental Protection signature on this day of 19 before me personally appeared 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 war, any person aggrieved M the Superseding Order, any owner of lard abutting the twd Vi- upon rAteh the proposed mark is to,be don. or any ten-Ppr�`purNront-to G.L. c.30A 1104, are-h010Vi- " x notified of their right,to rapuast`M-adjudicatory he ring plesuant to G.L. c.30A, 110, providing the, , ^f4 �i" . request is made by certified nil or hard delivery to the Department', with the appropriate filtrg. Fee Transmittal Fore as provided in 310 CMR 10.03(7), within ton days from the date of issuance of'this Superseding Order, and is addressed to: Docket Clerk, Office of General Counsel, Department tat the sametof EbeisMt rormentaL, Protection, One Minter Street, Boston, MA 02108. A copy of the requestahot certified mail or hard delivery to the Conservation Commission, the applicant, and any other party. ` Claim for, an 049 1.01(6), andtory*hallearing containhalt the following ly ih the nformation: informatin:Department's Rules for Adjudicatory (a) the DEP Wetlands File Number, name of the phapplicant and address ss of the project; and, if representedd (b) the complete name, address and teleone rmnbe tpa rtyby counsel, the new and address of the attorney; (c) the names and addresses of all other parties, if known; (d) a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the inclobjection to this SupersedOrderetlardsdReguling sti none(310 CMR 1ally the manner 00) and does not ich it ncontribute s alleged tt be inconsistent with the Department's protection of the interests identified in the Act, and (3) the relief sought through the Wjudi utery hearing, including specifically the changes desired in the Superseding Order; (e) a statement that a copy of the request has been sett to the applicant, the conservation commission and each other party or representative of such party., , Failure to submit all necessary information say result in a dismissal by the Department of the Notice of Claim for M Adjud(cstory Nearing. Deteeh M dotted lin oral submit to ton . prior to commencement of work. ............................................................. Issuing Authority. To Please be advised that the Order of Condition for the project at File Mumbr-- has been recorded at the Registry of and - --- - has been noted to the chain of ltitle of the affected property in accordanoe with General Condition 8 on If recorded lard, the instrument -metier which identifies this transaction is If registered lard, the document samber which identifies this'transaction is Applicant ' Signature 5-613 SPECIAL CONDTTIONS #64-246 PICKERING WHARF 1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice of Intent. 2. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3. Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described int he Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. During construction, no debris, fill, or excavated material shall be stockpiled within 50 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. Cover stockpiled with tarp in case of rain. 7. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. Keep equipment 40' away from water. 8. *No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 9. *Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate the ban. 10. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the names(s), address(es), and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. *ongoing conditions that do not expire upon completion of the project or issuance of a Certificate of Compliance. sd\concom\ooc\pickemg y :.� dP o t W4// naJ n,o'led nit w-7 ,Sh of f)-i dy 7 ti Srv-te � ✓C :n for«✓ i( ! w 17 �( /opSf Sfo�P HOBBS ENDEAVOUR CORPORATION 34 Rockland Street'Swampscott,MA 01907- 617.581.245 y+e.ir�.,,�.`'Y •, ,o"_ 20•• APPROVED BY: DRAWN BY rR GN SCALE: o 1 e p ,-e-.,, r a ry. DATE: Z% fcb 96 REVISED /i�epet;r 4\ ,A �iCkerf y whc,rf Mcri,a July , , Mq La' s DRAWING NUMBER Sectio , a - a Saert 8N%11 - MINTED ON NO.100011 CUARMIW. - •, 1 f. I �i(s i % I N 1 � lgiinq - I J (s lihSa -ice r ely 15- 9 20 YYY i n 2 50 O HOBBS ENDEAVOUR CORPORATION H pp r, ✓impose 34 Rockland Sneer,Swampscott,MA 01907 617.581.2454 Ji-,ecY P I"- APPROVED BY: DRAWN BY /y /e'iL{Ya ,( f-"e f SCALE: / "= Z o e n FALCCb w L..e DATE: a REVISED dP�,d Z / fe 6 96 \4.Gt6 c a7""� " - Nvi/-L. .fho✓e �1`IG rin( h�a / l /�'ep4. ✓ -7 le - DRAWING NUMBER /qw Jc cct L o{ 3. BN X 11 MINTED ON NO.100MT CUFANPNINT ` p CHURC H v v Common OLWERU� j�� ' 4 SPIRE\Q j ` Jc, S A L E M� _ 2 6 (ILJt I (I Ij \ Cable Q i I'.. �� Arez 7 L j 4 2 �B ey c 2 2 y \, IO South R.l i4 n r�T. .. ... ..�.. 4FEET 993 \ .. \_'t\\ 2 3 3 7�� T RCi a3 oa. rt. I (� \ 2 � 1 SALEM 14 EH12 �EH /q3 • ' '" 3 /HARBOR; TOw ER STACKi;.ta \�,\. '1 2\ 2 7 12 m� MR 6S,r 41' 4\' n 3 9 2 FIR2.Ss PROVISIONAL CHART ^ Eb> O/ Ci � UNITED STATESST COAST MASSACHUSETTS SALEM, MARBLEHEAD AND BEVERLY HARBORS HOBBS ENDEAVOUR CORPORATION 34 Rockland Street,Swampscott,MA 01907 617.581.2454 LL SCALE: nafCd APPROVED BY: DRAWN BYUNDINGS IA FEETEAS I.owcn [DW wATEa DATE: 2 9 {a6 �( pp REVISED AEa.Awvss. .. Pi<ker:_,p %✓G �s.{ Mum:—.y .,fq /ter ^`//� 13276 . DRAWING NUMBER 815%11 PRIMEOONN0.1000NCEEARPRINT• "'" coy `fr? �� Conservation Commission z r Salem. Massachusetts 01970 HdR 5 1 42 hi '96 "'Ass�C� a�S City of Salem Conservation Commission Will hold a public hearing for a Notice of Intent under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of North Shore Marine, Inc., 215 Derby Street, Salem, MA 01970. The purpose of the hearing is to discuss the effects of repairing a 176' portion of the existing stone seawall at 23 Congress Street, Salem. A section has collapsed and some of the remaining seawall is in failure. A driven steel sheet bulkhead will be constructed immediately in front of the existing wall. This hearing will be held on Thursday, March 14, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman ,March 4. 1996 j m\tk\concomnot.met This nonce posted on °Offs" SUA1 " a City H- )� AVG�''� S ® at / Y In f=RJ = � MAR (gyp. 36 pec. 23A A 238 of M.G.L. o- WWI S s � � �2 ►� ,LIu�, �`� G/D�'� a �� • u • COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON-NORTHEAST.REGIONAL OFFICE" - WILLIAM F.WELD -. - - TRUDY CORE. GovemorSecretary, :�.. `.. ._ Secretary. ARGEO PAUL-CELL-UCCI-- --•---"- `r DAVID B. STRUHS- Lt..Governor._. _ - .._.. Commissioner DEP File # 64-246 i?.E: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER Salem „NATE : 3/14/96 (city/town) "he Department of Environmental Protection has received a Notice of Intent filed _n accordance with the Wetlands Protection Act (M.G.L. c. 131, X40) : :kpplicant :North Shore Marine , Inc . Owner: Pickering Wharf Trust .'address : P . Pelletier/215 Derby St . Address : 59 Wharf Street Salem, MA 01970 Salem, MA 01970 :1roject Location: 23 Congress Street 'iF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT: This project has been assigned the following file `:although a file # is being issued, please note the following: "r ISSUANCE' -OF"-A FILE NUMBERINDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF -APPLICATION No File # will be assigned to this project until the following missing information is sent to this office, to meet the minimum submittal requirements 'n accordance with the Wetlands Protection Regulations at 310 CMR 10 . 00 : ( ) copy(s) of a completed Notice of Intent (Form 3 or Form 4 of Sect . 10 . 99, whichever is applicable) and a copy of the Fee Transmittal Form, with a copy of the check for the State' s share of the Notice of Intent filing fee . copy(s) of plans, calculations, and other documentation necessary to completely describe the proposed work and mitigating measures to protect resource areas . 3 . ( ) copy (s) of an 8`fe" X 11" section .of the USGS map of the area. 4 . ( ) copy (s) of plans showing compliance with Title 5 of the State Environmental Code, 310 CMR 15 . 00 . 5 . ( ) Proof that a copy of your Notice of Intent has been mailed or hand delivered to the Natural Heritage and Endangered Species Program. COMMENTS (see page 2 for additional information) 10 Commerce Way • Woburn,Massachusetss 01801 • FAX (617)932-7615 • Telephone (617) 932-7600 • TDD#(617)932-7679 - Printed an Recycled Paper C. Other Regulatory Jurisdiction 1 . ( ) Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. 2 . ( ) Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers for review (call 1-800-362-4367 for information) . D. 401 Water Quality Certification The project described in your Notice of Intent requires a 401 Water Quality Certification from the Department of Environmental Protection and may require submittal of a 401 application form. See below for further details : 1 . ( ) Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. The Department of Environmental Protection has reviewed the plans submitted by the applicant and finds that there is reasonable assurance that the project or activity will be conducted in a manner that will not violate the Massachusetts Surface Water Quality Standards, provided that : a) the applicant receives and complies -with a Final Order of Conditions from the local conservation commission or the Department ; b) the Order of Conditions does not cause the loss of more than 5, 000 sq. ft . of bordering vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of land under water; c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1 : 1; and d) the project is not exempt from the M.G.L. c . 131, §40 - the Wetlands Protection Act ; is not part of a subdivision; does not cause the loss of any wetlands designated as Outstanding Resource Waters; and does not cause the loss of any salt marsh. Therefore, provided that the above conditions are satisfied, the Final Order of Conditions will serve as the Water Quality Certification for this project . This does not relieve the applicant of the duty to comply with any other statutes or regulations . 2 . ( ) Before the activity described in the Notice of Intent can commence, you must obtain a Water Quality Certification from this Regional Office . Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. 3 . ( ) Your project involves dredging of greater than 100 cubic yards of material or requires a permit from—the Federal Energy Regulatory Commission for work in "waters of the Commonwealth. " Therefore, your proposed project is subject to 314 CMR 9 . 00 and requires a Water Quality Certification. Please complete the enclosed 401 Water Quality Certification application form and file it with the Department of Environmental Protection, Waterways Program, One Winter Street, Boston, MA 02108 . Contact the Division of Waterways Program at. 617-292-5655 if you have any questions . For more information please contact :Mike Turgeon at (617) 932-7600 . CC : Conservation Commission ( ) U.S . Army Corps of Engineers ( ) Owner- ( ) Coastal Zone Management ( ) DEP - _Water Pollution Control ( ) Representative : ( ) DEP - Waterways ( ) Other : 2 Harbormaster's Office Winter Island Salem, Ma. 01970 FEB 7 1997 Salem Planning Dept. Date: 24 January 1997 Mr. Fred Harney, Chairman Salem Conservation Commission One Salem Green = - Salem, MA 01970 Re: Salem Conservation Commission, Order of Condition # 64-246, Seawall repair 23 Congress Street, Salem, MA., Dear Mr. Harney; Mr. William H. Kelley, agent for Pickering Wharf Realty Trust has informed me that he has applied to the D.E.P., Waterways Division for a Waterways License for seawall repairs and the addition of a ten foot wide public access walkway at the site at 23 Congress Street, Salem, Mass.. He further states that construction will be carried out in accordance with the above referenced Order of Conditions # 64-246. Our office has reviewed the plans and has no objection to the proposed project. �Very truly you s, William Who ey Harbormaster, City of Salem :FSS LB UUq v, 2 "IrIOl7 01 UC ?. Fill rte r E-v .a �.GLd s1 e^ t i=i'; :. i <'i,. a t:t`?CT1s'.Ft :? T.,.9L p I. � ln � ,3 � � tA ' � . . _ E � . t ' I r.T L _ �; ,�Li� Q H a�flles, sus,7t oY ter!'cC)�s 78828.66325 139 94230.d1 8129/95 7:02 pm -'- T�( 09/14/q5 0$:02 It-at 331 DFRT) e-K 13191 P6 151 V Salem Five Cents Savings Bank, a Massachusetts state bank with a principal place of business at 210 Essex Street, Salem, Massachusetts 01970 (the "Grantor"), for ten dollars and other consideration paid, the sufficiency of which is hereby acknowledged, hereby grants to Shirley Ginsberg and Joseph M. Gibbons, Trustees of Pickering Wharf Nominee Trust, u/d/t dated b j#A 34 3 1 , 1995 and to be recorded concurrently herewith (the "Grantee), with QUITCLAIM COVENANTS, the following condominium units, percentage interests in condominium common areas and facilities and parcels of land in Salem, Essex County, Massachusetts: ti tondo ini um Units The following condominium units in the Pickering Wharf Condominium(the "Condominium") in Salem, Essex County, Massachusetts created by and described in the Master Deed of Pickering Wharf Condominium dated August 3, 1979 recorded with Essex f' South Registry of Deeds in Book 6624, Page 141, as amended by a First Amendment to Master Deed dated November 9, 1979, recorded with Essex South Registry of Deeds in Book 6653, Page 99, by a Second Amendment to Master Deed dated December 28, 1979, recorded with Essex South Registry of Deeds in Book 6667, Page 39, and as further amended by a Third Amendment to Master Deed dated April 4, 1980, recorded with Essex South Registry of Deeds J in Book 6692, Page 336 (said master deed as so amended is hereinafter referred to as the X "Master Deed"): Building Unit Percentagc Interest Bark Emerald A 2.4095 *.A Bark Emerald B 1.8073 Privateer A 2.6529 Pickering A 2.5602 Pickering B 2.4459 �p Pickering C 2.1483 } Wherry Row A 1.9544 Wherry Row B 1.7976 Wherry Row C .9195 Square Rigge A 1.8221 Bowditch A 2.4082 Tancook Crescent A 3.5773 Tancook Crescent B 2.0887 Tancook Crescent C 1.7079 , ti i 78828.66325 139 94230.d1 8/29/95 7:02 pm Bk; 13191 PG 152 Building IlEd Percentage Interest Hawthorne A 1.6617 Hawthorne B 1.2949 Hawthorne C .9093 •,, Arbella A 1.2628 Arbella B 1.3621 Gentoo A 1.1653 Gentoo B 3.6888 Gentoo C 1.7788 Grand Turk A 3.2700 Grand Turk B 6.3601 Derby A 10.8775 Derby B 2.8439 Together with the undivided percentage interests in the common areas and facilities of E the Condominium described in the Master Deed as set forth for each unit above. i' Subject to and with the benefit of all easements, rights, reservations, restrictions, agreements and provisions contained in the Master Deed, in the Agreement and Declaration of Trust of the Pickering Wharf Condominium Trust dated August 3, 1979, recorded with Essex i„ South Registry of Deeds in Book 6624, Page 168, in the By-Laws of Pickering Wharf Condominium recorded with Essex South Registry of Deeds in Book 6624, Page 179, and in any rules and regulations promulgated pursuant thereto, as any of the foregoing may be amended from time to time. Subject to and with the benefit of the provisions of Massachusetts General Laws Chapter 183A as now in force and as amended from time to time. Each of the foregoing units is intended to be used for any purpose allowed by ` applicable law, zoning law, license, permit, use regulation, special permit, exception or .. variance. Parcel 1r All right, title and interest in and to the South River in Salem, Essex County, Massachusetts and any and all rights of access thereto and egress therefrom as more particularly described in Exhibit A to the Master Deed. As provided in the Master Deed, such right, title and interest and rights of access and egress were specifically excluded from the premises submitted to Massachusetts General Laws Chapter 183A by the Master Deed and from the Condominium created thereby. 2 78828.66325 139 94230.d1 8/29/95 7:02 pm Parcel 2 BK 13191 PG 153 The land with the buildings and improvements thereon in Salem, Essex County, Massachusetts bounded and described as follows: WESTERLY by Congress Street, about fifty-nine and 09/100 (59.09) feet; *, NORTHERLY by land now or formerly of Wetmore, about one hundred sixty-six (166) feet; 'r EASTERLY by land now or formerly of Shaluk, about sixty- one and 72/100 (61.72) feet; and SOUTHERLY by the outer edge of the bulkhead shown on the plan recorded with Essex County Registry of Deeds in Book 3263, Page 40, about one hundred seventy and 92/100 (170.92) feet. i Together with the flats to low center line appurtenant and adjacent to the aforesaid parcel as shown on said plan recorded in Book 3263, Page 40. Together with any other rights in any other flats which may be appurtenant to the aforesaid parcel, For Grantor's title to the Condominium units and Parcels 1 and 2, see deed from Northshore Corporation, Trustee of Heritage Trust H, dated August 26, 1983 recorded in Essex South Registry of Deeds in Book 7205, Page 254. F A=rtenanceq and Encumbrance.- The imb n pcThe premises described above are conveyed subject to and with the benefit of all easements, covenants and restrictions of record and subject to the following: 1. Mortgage from Pickering Wharf Limited Partnership to the North Shore Corporation and Henry D. Audesse, et al., Trustees of Heritage Trust in the original principal amount of$8,970,000.00 dated August 26, 1983, and recorded with Essex County Registry of Deeds in Book 7205, Page 267, as effected by assignment to Salem Five Cents Savings Bank recorded in Book 7224, Page 456; assignment to River Clyde Corporation recorded in Book 10325, Page 79; assignment to Salem Five Cents Savings Bank recorded on August 13, 1990 as instrument number 121 and amended by Amendment to Mortgage and Conditional Assignment dated August 10, 1990 and recorded in Book 10530, Page 450. 2. UCC Financing Statement naming New Pickering Wharf Limited Partnership as Debtor and Salem Five Cents Savings Bank as secured party recorded in Book 10530, Page 457. 3 +r J- 73928.66325 139 94230.d1 BK 1 �9917:oFG 154 Grantor acknowledges that the loan documents recited in paragraphs (1) and (2) above, and all loan documents executed incident thereto, shall remain in full force and effect following this conveyance. Grantor further acknowledges that the interest in the premises of ie the Grantor hereof, contained herein, shall not merge with the interests of the Grantee, or its k successors or assigns, under the loan documents recited in paragraphs (1) and (2) above and any other loan documents executed incident thereto. Being the same premises conveyed to Grantor by Deed of Pickering Wharf Limited Partnership dated August 10, 1990, recorded with the Essex South Registry of Deeds on August 13, 1990 as Instrument No. 149. 1_ The address of the premises conveyed by this Deed is Pickering Wharf, Salem, ,�. Massachusetts. I.t Because the premises are being conveyed subject to outstanding indebtedness in excess 't of the value of the premises, no deed stamps need to be affixed hereto. Executed under seal this 31 day of August 1995. SALEM FIVE CENTS SAVINGS BANK COMMONWEALTH OF MASSACHUSETTS Salem MA , SS. Arr$1Gr �_, 1995 Then personally appeared the above-named Joseph M. Gibbons of Salem Five Cents Savings Bank and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of Salem Five Cents Savings Bank, before me. Notaryblic My commission expires: M-THLEEN A. PALMA, Notary Pubatl r MY. God"on expires FebruarY 16. 7A4Y 4 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary DAVID B. STRUHS FEB 292000 Commissioner Mr. T. Michael Rockett c/o Mr. William H. Kelley Tucker' s Wharf, P.O. Box 212 Marblehead, MA 01945 RE: Waterways License Application No. W97-8421, License No. 6790 South River, Salem, Essex County Dear Mr. Rockett : The Department of Environmental Protection has approved the enclosed referenced license authorizing you to perform certain activities pursuant to M.G.L. Chapter 91 and regulations 310 CMR 9 . 00 . any unauthorized substantial change in use or substantial structural alteration of any structure or fill authorized by this license shall render it void. Pursuant to 310 CMR 9 . 17 (1) (a) and 9 . 17 (2) , the Licensee may appeal this decision within twenty-one (21) days of the date of license issuance, by submitting a written request, by certified mail , for an adjudicatory hearing. Any notice of claim for an adjudicatory hearing must include the following information: the DEP Waterways Application File Number; the complete name, address and telephone number of the party filing the request ; if represented by counsel, the name, address and telephone number of the attorney; a clear _ _ ,, -4 - : _�_ and a clear and concise statement of the specific objections to the Department' s license decision, and the relief sought through the adjudicatory hearing, including, specifically , the changes desired in the final Waterways License . The hearing request, along with a valid check made payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100 . 00) , must be mailed to : Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 F 10 Commerce Way 0 Woburn,Massachusetts 01801 • FAX (781) 932-7615 • Telephone (781) 932-7600 • TDD#(617)932-7679 License No. 6790 Page 2 At the same time, a copy of this appeal must be sent to the DEP Waterways Regulation Program, the municipal official of the city or town where the project is located, and any other parties to this proceeding. In addition, this appeal must include a statement that the appropriate copies have been delivered as described herein. Furthermore, this license must be recorded at the referenced County Registry of Deeds within 60 days from the date of issuance . The work or change in use authorized by this license shall not commence until said license and plans are recorded, the Department has received written notification of the date, book, and page number of record, or if the Department receives the enclosed Notification Form to this office . S ncerely, _ ryl.fid /i/C/J mes A 913 gue Section Chief Div. of Wetlands and Waterways cc : DEP/Waterways Regulation Program, Boston Salem Conservation Commission William Wholley, Harbormaster Xbt Tommomneao of filassarbuset#s No. 6790 ��ErPEIS, Pickering Wharf Realty Trust of -= Salem -- , in the County of Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- construct and maintain a cantilevered, public access walkway -------- y and has submitted plans of the same; and whereas due notice of said application, has been given, as required by law, to the -- Mayor and City Council -- of the -- City -- of Salem; -------------------------- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said Pickering Wharf Realty Trust -- , subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to -- construct and maintain a cantilevered, public access walkway ------------------------------------ in and over the waters' of -- South River -- in the -- City - - of -- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 6790, (1 sheet). PRINTED ON RECYCLED PAPER ^ License No. 6790 Page 2 The structures hereby authorized shall be limited to the following use (s) : to provide a public access walkway. The tidewater displacement and commonwealth tidelands occupation fees listed on page 4 of this license may be paid in three installments . The ` first installment is due prior to issuance of this license. The next two installments shall be paid by the end of each of the following two years . This license shall expire thirty(30) years from the date of issuance . By written request of the Licensee for an amendment , the Department may grant a renewal for the term of years not to exceed that authorized in the original license . - Please -see page 3 for additional conditions to this license . ---------- -------------------------------------------------------------------- Duplicate of said plan, number 6790 is on file in the office of said Department, and original of said plan accompanies this License, and is :to be referred to as a part hereof . License No. 6790 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3 . Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the . terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render - this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written .. consentofthe owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final order of Conditions issued pursuant to the Wetlands Protection Act, G.L. Chapter 131, s.40. 8. This Waterways License is granted upon the express condition that the use of the -structures: and/or -fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP, Division of Water Pollution ' Control. 9. This License authorizes structure(s) and/or fill on: X Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks, for the purposes of fishing, fowling, navigation, and the natural derivatives thereof. X Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _ a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10.. Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. License No. 6790 Page 4 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said-Pickering Wharf Realty Trust-- by paying into the treasury of the Commonwealth --two dollars and zero cents ($2.00) - - for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.00 cu. yds. _ $0.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of-- Essex ----------------------- rN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this_ twenty-ninth day of February. in the year two thousand. Department of Commissioner Environmental Protection Section Chief THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said-Pickering Wharf Realty Trust--------------------------------------------_______------ the further sum of-- six thousand six hundred and ninety dollars and zero cents ($6,690.00) the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved by the Governor. Governor .•r yrcs' •` �;i•= NUPI u OUI EY III CML i 98121 LOCUS SIDEWALK CONTROLLED GATE ACCESS TO FLOATS MARINA m CURB OFFICEJAR DING WALKWAY RAILING 13.0 _0.0-M.L.W. SOUTH ELEVATION SCALE: 1" —40' v A BIT.CONC.PARKING LOT MANNA 0MCEB MWIM LIC NO'S (D.P.W. 3708, 4645), (D.E.Q.E. 438), LI- 3 (4RMYENGR'S. NO.MA-SALE-78-168) c ! h .10'WIDE_PUDLIC ACCESS WALKWAY RAMP FLOATS m FLOATS FLOATS U � c SOUTHRIVER PROPOSED PUBLIC ACCESS PLAN SCALf-: 1" =40' FEET PLAN ACCOMPANYING PETITION OF 0' 20' 40' 80' PICKERING WHARF REALTY TRUST TO HEETIOFI CONSTRUCT AND MAINTAIN LICENSE PLAN NO. t'0'"0 A PUBLIC ACCESS WALKWAY OVER THE SOUTH RIVER d 6wkmftww PILO (NORTH BASIN) of �>s� � 2 9 20QO BY THE ROBERT CHARLES GROUP 70 NICHOLAS RD.FRAMINGHAM.MA 01701 SCALE:AS SHOWN DATE: JAN.28 1997 .; Massachusetts Department OfEnvironmental Protection Bureau of Resource Protection- Wet/ands DEP File Number WPA Form 3 - Notice of Intent for DEP use on/y Massachusetts Wet/ands Protection Act M.G.L. c. 131, §40 Please type or print clearly all Genera/Information information 3. . Property Owner if different from a : requested on this 1. Applicant: p y ( pplicant) form. Pickerong Wharf Realty Trust Pickering Wharf Realty Trust Name Name 84 Wharf Street 84 Wharf Street Maiiingaddms Mailing Address Salem Salem Citylrown City/rown MA 01970 MA 01970 state zip code Aft5181a zip Code CL 978-740-6990 4. Summary of Project Impacts: £� Phone Number ` kkn, ;v) a. Is any work being proposed in the Buffer Zone? pC Fax Number(if applicable) © No El Yes E-MailAddress(Yapplicable) If yes,how many sq.ft.? } . � - 2. Representative(if any): (,�� Kelley Marine Resources square Feet Firm William H. kelley b. List the impacts of proposed activities on each wetland Cooled Name resource area (temporary and permanent impacts,prior to 65A Front Street restoration or mitigation): Mailing Address Marblehead Resource Area Size of Impact(e.g.,sq.ft.) Ciry/Fo m MA 01945 Riverfront Area 7420 s.f. state Zip Code 781-639-4454 Phone Number 781-639-4640 Fax Number(Yapplicable) KMR@ Shore.net E-MailAddress(Yapplicable) Project Description 1. Project Location: 2. Registry of Deeds: Salem Essex Crtyldown County 223-231 Derby Street&23 Congress Street 3598 StmaAddress Boak Map 034 Parcel 447 532 Assessors Map/P181 Parcel/La# page n/a Cenihcate(i/Registered L and) Rev 1n/QA Pane 1 of 5 Massachusetts Department ofEnvironmental Protection Bureau of Resource Protection- Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Description (cont.) 3. Project Description: 4. Plan and/or map references(list title and date): Construct in Riverfront Area: SITE PLAN, by Patrowicz Land Development 23 Congress Street-Bank Building(1,521 sf)on Engineers, 60 Washington Street, Salem, MA 01970 7,420 sf site. Dated 24 may 1999. 11 Sheets total. Construct in non-resources area: 223-231 Derby Street-Hotel/retail building,5 stories (16,198 sf footprint, 73,358 G.F.A.). Activities Subject to Regulation Land Under Water Bodies: 1. a. If Buffer Zones to resource areas are to be impacted, in whole or in part,check the applicable resource areas: Square Frectobe altered Inland Resource Areas Coastal Resource Areas Cubic Yards to be dredged ❑ Inland Bank ❑Coastal Beach El Bordering Vegetated Wetland El Barrier Beach Land Subject to Flooding: -Bordering: ❑Rocky Intertidal Shore ❑Coastal Dune Square Feet to be a/taed ❑Coastal Bank Cubic Yards b//ed or displaced ❑Salt Marsh - Isolated: b. Proposed activities located, in whole or in part,in Wetland Resource Area(s) (Complete all that apply): square Feet tobealtered Inland Resource Areas Cubic Yards filled a displaced Bank: Coastal Resource Areas [inearfmttobealtered Salt Marsh: Bordering Vegetated Wetlands: square Feet to beanered Square Feet to be a/read Coastal Dune: Square Feet to be mplicaW a resiorad Square Fret to be altered Cubic YardsNolume to be removed P., 1n/QA panp 9 of'; MassachusettsOepartment of&vironmenta/Protection Bureau of Resource Protection- Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Activities Subject to Regulation (cont.) Land Under Ocean: ii.Width of Riverfront Area(check one): Square Feet tobea/tered ❑ 25 feet-Designated Densely Developed Areas only ❑ 100 feet-New agricultural projects only Cubic Yards tobedredged © 200 feet -all other projects iii.Mean annual high-water line determined by: Beach: (check all that apply) ❑ Changes in soil;vegetation;water marks;scouring Square Feetiobea/lend ❑ Top of bank(inland rivers) ❑ First observable break in slope Rocky Intertidal Shore: ❑ Mean annual Flood level El Mean high tide(for coastal rivers only) Square Frt to bea/mad iv.Distance of proposed activity closest to the mean annual high-water line: Land Under Salt Pond: 120 Feet Square Feet to beAffed v.Total area (square feet)of Riverfront Area on the site of the proposed project: Cubic Yaids to be dredged 7.420 Coastal Bank: Square Feet vi.Proposed alteration of Riverfront Area: LmearFeettobealhved 7,420 Total Square Fret Designated Port Area: -0- 5quare Feet within 700 it from bank 7,420 Squat Feet to be altered SquareFeetbetween 7ooand2ooN.Nomhank Land Containing Shellfish: 2. Bordering Vegetated Wetland Delineation: Explain the determination of Bordering Vegetated Wetland boundaries Square Feet to be altered identified on plans: ❑ Final Order of Resource Area Delineation issued by Fish Run: conservation commission or DEP (attached) ❑ DEP BVW Field Data Form(attached) [inearFeettobeaimred ❑ Other Method of Determining BVW boundary(Check all Riverfront Area that apply and attach documentation): ❑50%or more wetland indicator plants i.Name of waterway(if available): ❑Saturated/inundated conditions exist South River,Salem Harbor ❑Groundwater indicators ❑Direct observation ❑Hydric soil indicators ❑Credible evidence of conditions prior to disturbance Rmi 10/OA pane Z of 5 Massachusetts Department ofEnAmmenta/Protection Bureau of Resource Protection- Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Activities Subject to Regulation (cont.) 3.Sites Subject to Special Protection b. Is any portion of the proposed project located within an a. Is any portion of the proposed project located within Area of Critical Environmental Concern(ACEC)? estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland ❑ Yes 0 No If yes, provide name of ACEC(see Wildlife published by the Natural Heritage and Endangered Appendix D for ACEC locations): Species Program? ❑Yes 0 No ACEC Date OfMap If yes, include proof of mailing or hand delivery of N01 to: Natural Heritage and Endangered Species Program c. Is any portion of the site subject to a Wetlands Division of Fisheries and Wildlife Restriction Order under the Inland Wetlands Restriction Act Route 135,North Drive (M.G.L.c. 131,s.40A)or Coastal Wetlands Restriction Act Westborough,MA 01581 (M.G.L.c. 131,s. 105)? ❑ Yes 0 No If yes,attach a copy of the Restriction Order to the N0I, Performance Standards b.Was the lot where the activity is proposed created prior to 1. Is any portion of the proposed activity eligible to be treated August 1,1996? as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑Yes 0 No ❑Yes 0 No If yes,describe which limited project 4, a. Describe how the project will meet all performance applies to this project: standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Attach additional sheets,if necessary Site is currently developed. No impact to riverfront Ai 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations,310 CMR 10.00. ❑Yes 0 No If yes,describe which exemption applies to b. Stormwater Management: this project: g The project is exempt from the DEP Stormwater Policy: ❑ Yes 0 No If yes,explain why the project is exempt: 3. a. Is the project located in the Riverfront Area: 0 Yes ❑ No If yes, indicate the proposed project purpose: ❑ Single family home ❑Residential subdivision 0 Commercial development If no,stormwater management measures are required. ❑ Industrial development Applicants are encouraged to complete Appendix C: ❑Transportation Stormwater Management Form and submit it with the ❑Other-describe: Notice of Intent. P." 1n/QA Pana 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Additional Information Applicant must include all the following with this Notice of Intent: • USGS or other map of the area(along with a narrative description,if necessary),containing sufficient information for the conservation commission and the Department to locate the site. • Plans identifying the location of proposed activities(including activities proposed to serve as a BVW replication area or other mitigating measure)relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g.,a DEP BVW Field Data Form). • List of the titles and final revision dates of all plans and other material submitted with this NO1. Fees The fees for work proposed under each Notice of Intent must Applicants must submit the following information(in be calculated and submitted to the conservation commission addition to pages 1 and 2 of Appendix B)to confirm fee and the Department(see the Instructions and Appendix B: payment: Wetland Fee Transmittal Form). t y�5ry -q Check Minter Check date l!! No fee shall be assessed for projects the federal govern- ��ZL d txpU G�cS ment,the Department of Environmentalal Protection,or cities Faya m nc and towns of the Commonwealth. X Applicant name(Ydifferent from payaJ Signatures and Submittal Requirements 1 hereby certify under the penalties of perjury that the For conservation commission: foregoing Notice of Intent and accompanying plans,docu- Two copies of the completed Notice of Intent(Form 3), ments,and supporting data are true and complete to the best including supporting plans and documents;two copies of of my knowledge. I understand that the conservation commis- pages 1 and 2 of Appendix B;and the city/town fee payment sion will place notification of this Notice in a local newspaper must be sent to the conservation commission by certified mail at the expense of the applicant in accordance with the wetlands or hand delivery. regulations, 310 CMR 10.05(5)(a). For DEP: { I further certify under penalties of perjury that all abutters were Two copies of the completed Notice of Intent(Form 3), notified of this application, pursuant to the requirements of including supporting plans and documents;two copies of M.G.L.c.472 of the Massachusetts Acts of 1993. Notice must pages 1 and 2 of Appendix B;and a copyof the state fee be made in writing by hand delivery or certified mail (return payment must be sent to the DEP regional office by certified receipt requested)to all abutters within 100 feet of the mail or hand delivery(see Appendix A for regional office property line of the project location, addresses). G Other: If the applicant has checked the"yes"box in any part of signar�se oiappOcanl Otte Section C, Item 3,above,refer to that section and the Instruc- [ions for additional submittal requirements. / The original and copies must be sent simultaneously.Failure by SiI nMhreolpiope wrra Dale the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. slgnatureolrepresenravw Dare P." 1nlQA PAnc F of F Massachusetts Department ofEnXronmenta/Protection Bureau of Resource Protection- Wetlands WPA Appendix 6 - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G L. c. 131, §40 Please type or print clearly all Instructions information 1. To calculate filing fees,refer to the category fee lists and 2. To the conservation commission:Send the Notice of Intent, requested on this g g ry form. examples in Section D of this form.Complete pages 1 and Abbreviated Notice of Intent,or Abbreviated Notice of 2 of this form and send these pages and a check or money Resource Area Delineation;a copyof pages 1 and 2 of this order for the state share of the fee,payable to the Com- form;and the city/town fee payment. monwealth of Massachusetts,to: 3. To DEP regional office(see Appendix A for addresses): Dept.of Environmental Protection Send the Notice of Intent,Abbreviated Notice of Intent,or Box 4062 Abbreviated Notice of Resource Area Delineation;a copyof Boston,MA 02211 pages 1 and 2 of this form;and a copyof the state fee payment. Applicanb'Prope/ty Owner Information 1. Applicant: 2. Property Owner: Pickering Wharf Realty Trust Pickering Wharf Realty Trust Name Name 84 Wharf Street 84 Wharf Street Mailing Address Mailing Address Salem Salem QYAown City/Iown MA 01970 MA 01970 state Zip Code stare zip Code 978-740-6990 978-740-6990 Phone Number Phone Numbc 3. Project Location: 223-231 Derby Street&23 Congress Street SbeetAotNumbar Salem,MA 01970 QvAom Fees Note:See Abbreviated Notice of Resource Area Delineation: examples of how to calculate The fee is calculated as follows(check applicable project type): wetland filing fees in Section D. ❑ single family house project X$1.00= (feet of BVW) Total fee(not to exceed$100) ❑all other projects x$1.00= (feet of BVW) Total fee(not to exceed$1,000) State share of filing fee: City/Town share of filing fee: (1/2 of total fee minus$12.50) (1/2 of total fee plus$12.50) P., 1n/oR Pana 1 of d r Massachusetts Department ofEnvironmental Protection Bureau of Resource Protection- Wetlands WPA Appendix B - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Fees (cont.) Note: See Abbreviated Notice of Intent or Notice of Intent: examples of how to calculate The fee should be calculated using the following six-step process and worksheet: wetland filing fees in Section D. Step lfType of Activity:Describe each type of activity(see Section D for a list of activities)which will occur in a wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the six categories of projects and fees listed in Section D of this form. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a riverfront area in addition to another resource area or the buffer zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 51Total Project Fee: Determine the total fee for the project by adding the subtotal amounts identified in Step 4. Step 6/Fee Payments:To calculate the state share of the fee,divide the total fee in half and subtract$12.50.To calculate the city/town share of the fee,divide the total fee in half and add$12.50. Step 1/Type of Activity Step 2/Number Step 3/Individual Step 4/Subtotal of Activities Activity Fee Activity Fee Category#3: Construct bank building on 7.420 sf site. 1 $525.00 $525.00 Step 5/Total Project Fee:$525.00 Step 6/Fee Payments: Total Project Fee: $525.00 (Total fee from Step 5) State share of filing fee: $250.00 City/Town share of filing fee: $275.00 (1/2 of total fee minus$12.50) (1/2 of total fee plus$12.50) ❑a" 1n10A Pana 2 of 4 53-130/119 3552 KELLEY MARINA DEVELOPMENT.COMPANY 01173048._ "MARBLEHEAD, MA 201845 _ y DATE'�� PAY TO THE / C ORDER OF— 7 6Y' Sr/L(� -- i 53 e� I/ $�� `Jb- TCDD �{lJ'/�j"IJQ© /r'71 FLUE DOLLARS B9'='= WafionalCrandSank ' ✓�arbfehead,.Masa. MEMO 28 ~ 'saaoi;s 3553 KELLEY MARINA DEVELOPMENT COMPdNY' " -om3oa9"" P.O. BOx.212_ MARBLEHEAD, MA"01945 v :�';;:.:4''-w" DATEPAY TH PA ORDER OEM ( � 8 _ COLLARS B Wak'onalGrandZaik "w MEMO�3 GsO/LIONJ� M, 1�01130433001. n10 i i7 •3049!!' AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent k I, William H. Kelley, hereby certify under the pains and penalties of perjury that on 17 June 1999 I gave notification to the abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A notice of Intent filed under the Massachusetts Wetlands Protection Act by PICKERING WHARF REALTY TRUST with the City of Salem Conservation Commission on 17 June 1999 for property located at 23 Congress Street, Salem, MA The form of the notification,and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. M& Y&Vl ' 17 June 1999 Name Date El 1113 3552 KELLEY MARINA DEVELOPMENT;.CO3049P.O. BO%-212vv��MARBLEHEAD, MA 01945 / ��/L�G� ��PAY TO THE /• ir� /�,^�.w•------'ORDER OF ��p`/S� �..7�/3 �{(,o" �aC�,a,—DOLLARS 8Wahbnal�rand,8ank .MEMO r`�5 llD.(.�, __ ___11:011304365k%oli7 30 e3-4301113 3553 KELLEY MARINA DEVELOPMENT COMPANY01174049 P.O. Box 212 n MARBLEHEAD, MA 01945 r'".�` ..- DATE'// "7U.yE99 PAY TO THE�•"e. /p_ a, �(� '., ,�/�/"'•" �.-"."' ! „+" /� �"^•�-•--^a ORDEROF . 7U �U �� Y• � BOLLARSB „ �ational Grand$ank ✓{'tarblelt d,.�fara.- A--. MEMOp M '1601130113001. 1110117 3049Y' 'sS33 � __ List of Abutters Notified Notice of Intent 23 Congress Street Salem, MA 01970 June 1999 (Certified/retum receipt mail) Donald Clarke, 281 Derby Street, Salem, MA 01970 Massachusetts Electric Co., 25 Peabody Street, Salem, MA 01970 City of Salem, City Hall, One Salem Green, Salem, MA 01970 Naumkeag Trust, 235 Derby Street, Salem, MA 01970 Pickering Wharf Realty Trust, 7 Pickering Way, Salem, MA 01970 Shetland Trust, Shetland Properties, 47 Congress Street, Salem, MA 01970 Jeanan Realty Trust, 215 Berby Street, Salem, MA 01970 St.Nicholus Russian Benefit, 60 wharf Street, Salem, MA 01970 "z Conservaxim Commission Salem. Massachusetts 01970 W ASSI�� NOTICF TO ABUTTERS NOTICE OF INTENT PUBLIC HEAR- Ci In accordance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, you are hereby notified of the following. The Salem Conservation Commission will hold a public hearing on Thursday Axvk-y 1999 at 0930 P.M. at One Salem Green, Second Floor Cunfrrence Room, in regard to a Notice of Intent filed under the Massachusetts Wetlands Protection Act (G.L. C:131, s.40). Pickering Wharf Realty Trust pruroszs to NAME OF APPLICANT Construct Hotel/Retail Building & Bank Building. LOCATIO OF PROPERTY Plans and other information are on file in the Conservation Commission Office on the second floor of One Salem Green in the Planning Department. For furthe, assistance, please contact the Conservation Commission at 745-9595 x 311. All interested persons are invited to the public hearing. jmdh�ooiwbuUnr z Cvinservatian Commission 4 Salem. Massachu-etts 01970 ASSI.�N�y t<OfICF TO ABUTTERS NOTICE OF INTENT PUBLIC HEAR[Nti In accordance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, you are hereby notified of the following. The Salem Conservation Commission will hold a public hearing on Thursday g Za i'y 1999 at 0"c' P.M. at One Salem Green, Second Floor Conference Room, in regard to a Notice of Intent filed under the Massachusetts Wetlands Protection Act (G.L. C.131, s.40). Pickering Wharf Realty Trust proposes to NAME OF APPLICANT Construct Hotel/Retail Building & Bank Building. 223 - 231 Derhy Street LOCA'I10 OF PROPERTY Plans and other information are on file to the Conservation Commission Office on the second floor of One Salem Green in the Planning Department. For further assistance, please contact the Conservation Commission at 745-9595 x 311. All interested persons are invited to the public hearing. jm dh�oouabuLlnr COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE 19 RlIl nENTAL AFFAIRS b DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, $OyS1j01I , AI3 0g,kO ):6292-5500 a SF,LE�1 r, d ,2`t ARPAUL Governorernor PLANNING L4--IPT 6_l BOB DURAND Secretary JANE SWIFT LAUREN A.LISS Lieutenant Governor Commissioner TO: Jay Wickersham, Director, MEPA Unit Executive Office of Environmental Affairs FROM: eLeis Bruinooge, Director v Bureau of Resource Protection Wetlands and Waterways Program DATE: March 14, 2000 RE: Pickering Wharf Hotel and Retail Building South River,Salem EOEA#12167 The Department of Environmental Protection, Waterways Regulation Program (WRP) has reviewed the referenced Environmental Notification Form (ENF) noticed in the Environmental Monitor on February 23, 2000. The project involves the development of a 99-room hotel, retail space, 89 surface parking spaces, relocated bank, and public walkways and open space. The entire project site is located on filled tidelands of the South River, and within a geographic area subject to jurisdiction pursuant to MGL Chapter 91, the Public Waterfront Act, and 310 CMR 9.04, the Waterways regulations. The construction of a hotel facility and retail uses is a change in use and structural alteration which requires a Waterways authorization pursuant to 310 CMR 9.05(1)(c) and (d). After review, the WRP has determined that the proposed project is a nonwater-dependent use. The project consists of approximately 1.43 acres of filled tidelands. The existing bank building and associated parking will be relocated as part of the proposed project. While the relocation of the bank building will be licensed as part of this project, it is not defined as a new or expanded use or structure for MEPA purposes. Therefore, the area of the existing bank building and its associated parking has been excluded from the calculations related to MEPA review thresholds. As a result, approximately 43,472 s.f, of filled tidelands will be used for new nonwater-dependent purposes. Since less than one acre of tidelands are being used for new or expanded nonwater-dependent use or structures, the proposed project does not categorically require the preparation of an EIR. The Department offers the following additional comments: This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the Word Wide Web: hdp:1Amov.magnet.state.ma.us/dep Cal Printed on Recycled Paper EDEA#12146 Page 2 Chapter 91 Jurisdiction: Based upon a preliminary review of licensing information and historical maps available to the Department, the entire site is presumed to be located on filled tidelands and subject to jurisdiction. In order to assist the Department in determining the type and amount of tidelands present, the proponent should investigate historic plans, maps, and other sources, as appropriate, and provide that information to the Department. This is needed in order to delineate the historic high and low water marks in order to determine whether any Commonwealth tidelands are on the site. Because the entire site is subject to jurisdiction, the license application to be filed for the site should include all uses, structures, and structural alterations not already authorized explicitly by a Waterways license. Public Open Space/Pedestrian Access Network [310 CMR 9 5](2), 9.51 f31 and 9.52(1) All nonwater-dependent use projects are required to provide open space for water-dependent activity, public access, and to limit the density of development adjacent to tidal waterways. The amount of open space must be equivalent to the footprint of all buildings on the project site which are being used for nonwater-dependent purposes. This standard ensures that, at a minimum, 50% of the site will be reserved as open space. The Chapter 91 regulations allow a portion of the requisite open space to be dedicated to public streets and parking, provided it does not exceed the amount of public open space onsite. Approximately 42,598 s.f. of the total area of 62,290 s.f. or 68% is onsite open space. Upon review of the preliminary design plans, the project appears to meet the open space area requirements of the Waterways Regulations. However, the proponent should modify the onsite open space to more fully embrace the breadth of the public promenade from Derby Street and Congress Street with strong physical and visual connections leading to the waterfront. Proposed and enhanced walkways should be designed to satisfy minimum Department walkway standards and as well as ADA accessibility requirements. The proponent should develop an urban design plan and cross sectional views which would illustrate the physical public benefits of the proposed project including, but not limited to, seating areas, landscaping, lighting, signage, paving treatments, curb cuts, parking areas, existing walkways, proposed walkways, green open space, potential seasonal cafe seating, etc. The, proponent should present plans to the Department which also include a transitional use such as an outdoor seasonal cafe associated with the hotel. This will better integrate the waterfront with the land-side uses. The referenced modifications should be reflected in revised site plans and submitted with the proponent's Waterways license application. Derby Street and the South River Downtown Salem is an urban setting with strong pedestrian character which should be promoted with any new development, especially along the waterfront. As part of the Salem Harbor Planning process currently underway within the community, the proponent should follow guiding principles regarding the South River planning area, particularly the urban design guidelines. The Salem Harbor Plan draft proposes increasing active uses along the street edge of Derby Street and the South River, promoting increased pedestrian corridors from the street to the river's edge. The proponent should analyze alternatives which address the parking situation on the site and its physical relationship to Derby Street. The current site design illustrates the corner of Derby St. and Congress St. as a barren parking lot, ignoring the street edge. The proponent should analyze design alternatives including but not limited to, relocation of the bank back to Derby St., or installation of appropriate landscape and streetscape elements along Derby Street to screen the proposed parking lots and enliven the public realm. Furthermore, the entry to the service EOEA#12146 Page 3 alley behind the proposed hotel should be screened from both Derby Street and the roadway between the hotel and the waterfront in an effort to enhance the backside of the hotel and its relationship to public areas. Final building plans, cross sections, and elevations should be submitted as well, in order to envision-the hotel and retail spaces on the site. The proponent should perform a wind and shadow analysis to assess potential impacts from the proposed development upon the pedestrian level environment, including proposed open spaces and 'public walkways on and adjacent to the site. The criteria should ensure onsite open spaces are comfortable for passive public recreation and access. Ground Floor Uses In the event that Commonwealth tidelands exist, based on further research conducted by the proponent and the Department, Chapter 91 Regulations\.require that the ground floor of the proposed building,which would intersect with Commonwealth tidelands, be dedicated to Facilities of Public Accommodation (FPA's). While the hotel and bank are defined as FPA's pursuant to the Waterways Regulations 310 CMR 9.02, further consideration should be given to public spaces which are fully accessible, free of charge,incorporate seating, provide the public with the views the South River and fit within the character of historic Salem. Even if private tidelands exist, the Department would suggest plans be presented, which incorporate a ground floor restaurant or other public space, such as one that details the maritime history of Salem. These facilities will help to further activate use of the site for the general public and assist in transitioning the hotel uses to the waterfront. Historical Licensing Information The proponent should provide a complete documentation of the Chapter 91 licensing history, any special legislative grants, and a chronological history of past uses of the site. This should be accompanied by both an appendix of specific authorizations and a table of previous Chapter 91 authorizations and licenses which includes the following information: Licensing Agency; License Number; Licensee; date of License issuance; and the structure and/or fill authorized. Also, the proponent should provide a plan which delineates areas of fill which received specific License approval, location of the present high and low water shorelines, and earliest known historical mean high and low water shorelines taken from historical plans and other sources recognized as reliable. The proponent submitted plans to the Department on March 2, 2000 which include a reference "DEP W97-8421", which is Waterways License #6790. License #6790 authorizes Pickering Wharf Realty Trust to construct and maintain a cantilevered, public access walkway along this project's shoreline to Congress in front of the existing marina building. The authorized walkway differs from that depicted on the plans submitted with the ENF. The proponent should submit revised plans, which accurately illustrate the authorized walkway, as part of their Waterways license application. In addition, plans should designate Department standard walkway elements including, but not limited to benches, signage, trash receptacles, and lighting. The proponent should specify walkway elements along all walkways within the project area, in order to better evaluate the public amenities contained within this proposed project. ENF Administrative Review As part of the Department's review the proponent should fully complete the Wetlands, Waterways and Tidelands Section of the referenced ENF. The proponent failed to answer the following items in the aforementioned section: I(A), I(B), II(D), II(E)(1), III(C)(3),.IV(A). EDEA #12146 Page 4 Waterways Application Status The proponent has met with the Department to discuss the project, applicable c.91 standards and requisite public benefits. Prior to submitting a Ch. 91 application with the Department, the proponent should finalize all programming elements of the proposed project, particularly the retail or alternative public component within the hotel ground floor. Stormwater Manaaement The Department recommends a number of environmental issues be further addressed.The Department has determined that portions of the site are within Lands Subject to Coastal Storm Flowage. Since only a segment of the project site is within Land Subject to Coastal Storm Flowage, the proponent should include a detail plan showing the 100-year flood elevation with existing and proposed grades. A separate plan showing how raising portion of the site above the 100-year flood plain will affect access within the site, walkways, sight lines, and proposed open space areas also should be included. The Department will continue to work with the proponent and the City of Salem to incorporate further design modifications which will ensure that the project's public realm matches the delicate urban fabric of historic downtown Salem. The Department anticipates the submission of a license application which is fully compliant with the Ch. 91 standards and meets the high expectation of the public and regulators alike. If you have any question regarding the Chapter 91 elements of this comment letter, please feel free to call Felipe Schwarz, Regional Planner at (617) 556-1041. cc: Davis Malm&D'Agostine,Paul L.Feldman DEP NERO DWW,John Felix Mass.Historic Commission Metropolitan Area Planning Council Salem City Council Salem Planning Department,Patrick Reffett Salem Conservation Commission - Tom Skinner,Director,MCZM Division of Marine Fisheries File COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 017-292-5500 JANE SWIFT �b BOB DURIND Governor �' Secretary ~J Ca Ci- LAUREN A.LISS Commissioner SIJ LU September 18, 2001 Susan St. Pierre Fort Point Associates 286 Congress Street Boston, MA 02210 Re: Pickering Wharf Realty Trust, Salem Waterways Application# W00-9751-N Dear Ms. St. Pierre: This letter responds to your client's request for clarification of Chapter 91 compliance at Pickering Wharf. Specifically, I am in receipt of a letter from the Cambridgeport Bank dated May 14, 2001 inquiring whether the entire Pickering Wharf property, including the filled land and the condominium structures beyond the scope of the Project Site for Waterways Application #W00-9751-N, complies with all applicable Chapter 91 regulations. As we have discussed by telephone, the Department's letter of February 16, 2000 states that three buildings proposed for demolition on Pickering Wharf("Derby", "Hawthorne" and "Tancook Center") are located on authorized filled private tidelands and are in compliance with G.L. c.91 and the Waterways Regulations. The letter further authorizes the demolition of those buildings, but does not address the compliance status of any other buildings or filled areas on the remainder of Pickering Wharf For purposes of Waterways license application W00-9751-N, the Project Site comprises only a portion of the entire Pickering Wharf property. Accordingly, in processing that application, the Waterways Program limited its analysis of the compliance status of the structures and fill to the Project Site. The Department has reviewed its records and attempted to ascertain the extent of private and Commonwealth tidelands and authorizations for fill and/or structures thereon for the This information is available in alternate format by calling our ADA Coordinator at(617)576-6872. DEP on the World Wide Web: http:11 a .state.ma.us/dep 'R 1100 Printed on Recycled Paper It i r Y` Susan St. Pierre September 18, 2001 Page 2 of 2 remainder of Pickering Wharf. Our records indicate that many portions of the remainder of Pickering Wharf have been previously licensed, while other portions of the property appear to include existing fill that is not previously authorized by licenses. In addition, we have reviewed our records to ascertain the location of private and Commonwealth tidelands, but are unable to draw a definitive conclusion without more information about the low water mark. Our preliminary review, however, indicates a high likelihood that portions of the remainder of Pickering Wharf are private tidelands, while others appear to be seaward of the original low water line and, as such, would constitute Commonwealth tidelands. On August 23, 20011 received a letter from Attorney Ann Sobolewski enclosing the sworn statement of Michael Rocket, Trustee of Pickering Wharf Condominium Trust,entitled "Pickering Wharf Condominium Use Certificate" and stating that the proportions of commercial and residential uses at Pickering Wharf have not changed since its inception in 1979. Based on this representation, the Department will presume that no changes in use of the tidelands have occurred since January 1, 1984 and will consider the uses on any of the private tidelands which have the benefit of a specific Waterways authorization to be a grandfathered use pursuant to 310 CMR 9.05(3)(b). Any future structural alterations or changes in use will, however, require licensing. In conclusion, at this time we are unable to definitively verify that the entire remainder of Pickering Wharf, including the filled land and the condominium structures beyond the scope of the Project Site for Waterways Application#W00-9751-N, complies with all applicable Chapter 91 regulations. As noted above, the previously authorized filled private tideland portions of Pickering Wharf will be considered grandfathered until such time as a structural alteration or change in use is proposed. In the absence of information to the contrary, DEP presumes that licensing is required of the Commonwealth tideland portions of Pickering Wharf and any private tidelands portions of Pickering wharf which have not been previously authorized pursuant to MGL Chapter 91 and based on the information we have reviewed they appear to be licensable. This determination is only for informational purposes and is based on the information available in Department files and records. Please feel free to call me if you have any questions concerning this matter. Very truly yours, Iaron . AeIIZ Program Chief Waterways Regulation Program cc: Gary Moran, DEP Chuck Anastas, EOEA Carroll M. Lowenstein, Jr., Cambridgeport Bank J. Hilary Rocket, Jr. Denise Sullivan, City of Salem Paul Feldman, Esq. 310 CNA 10.99 DPI Pik No. --, Fora 3 (11e bo by DM) aty/rovs Salem, - MA APPHCallorth Shore Marine. . Inc. comnozvo"tb psi _mot of Xaaaaahusatts omllydillataa . Notice of Intent otasesiaa ' Under the Xassachusetts Wetlands protection act, G.L. c. 131, andtr: application for a Departsuat of the arzy.4 ,rsi ;. Part Is General Information •..nf 1. Locations street Address 7I rnnQrPsc si•._ _ Salem. MA Lot Number 2. projects Type Repair Description 176' of stone seawall along the South River is to be repaired. A section has collapsed and some of the remaining seawall is in failure. A driven steel sheet bulkhead will be construct6d immediately in front of existing wall. 3. Registry: county Essex current Hook 13191 6 Page 151 Certificate (if Registered Land) 4. Applicant North Shore Marine, Inc. Tel 508-745-8062 Address -215 De'r6y "St>=e6t- 'SaleM; MA 0197t}- 5. l'94t}•5. property owner Pickering Wharf Nominee Trust Tel. sam�edRae� Address 99 Wharf 4f-rPPf• Salem MA 01970 6. Representative Philip Pelletier - North Shore Marine Inc Te1.745-8062 Address 215 Derby Street - Salem MA 01970 7. a. Have the conservation commission and the Department's Regional Office•sach been sent, by certified mail or hand deliver, 2 copies of completed Notice of Intent, with supporting plans and documents? Yea ® NO ❑ b. Has the fee been submitted? Yes ® No Q C. Total Filing Fee Submitted $ 400.00 d. city/Town share of Filing Fee 212.50 state share of Filing Fee 187.50 (sort.to City/iov ) Us of fee in escess of s25, sent to DFP) e. Is a brief statement attached indicating how the applicant calculated the fee? ® Yea ❑ No Effaotive 11/20/92 3-1 S. Have all obtainable permit- , vazaances and approvals required by local by-law been ubtained7 Yes ❑X No ❑ ' obtained Applied ror: Not Applied Tors r- Building Permit .. 51vf 9. Is any portion of fhe site subject to a wetlands RestrNot n order pur/oaOh to G.L. c. 171, SCOA or G.L. C. 130, 5105? Yes lJ 10. List all plans+and supporting documents submitted with this Notice off" Intent. r.. Identifying Title, Date Number/Letter 11. check those resource areas within which work is proposed: (a) ❑ Buffer zone (b) Inland: ❑ Bank- Land subject to Flooding ❑ Bordering vegetated Wetland- ❑ Bordering ❑ Land under water Body t waterway- ❑ Isolated (c) coastal: ❑ Land under the ocean- ❑ Designated Port Area+ ❑ coastal Beach- ❑ coastal Dune ❑ Barrier Beach- ® coastal Bank ❑ Rocky Intertidal shore- L7 salt Marsh- C3 Land Under salt Pond- ❑ Land containing Shellfish* ❑ Fish Run- *Likely to involve U.S . army corps of Engineers concurrent jurisdiction. see general Instructions for completing Notice of intent. 3-2 12. i9 the uroje-at within es�imated habitat which is indicated on the most recent Estimated Habitat, Hap of State-Listed Rare wetlands wildlife (i- any) published by the Natural Heritage and Endangered species program? YES ( ] NO ( xj Date printed on the Estimated Habitat Map NO MAP AVAILABLE ( J (if any) If yes, have you sent a copy of the Notice of Intent to the Natural Herit.+gs and Endangered species Program via the U.S. Postal Service.by c�Wi�ied.a' priority mail (or otherwise seut it in a manner that guarantsea`�llvery withi n-two..days). no, later.ahan -the date of the.filing of this... of_ Intent with the conservation ccs issicn and the DEP regional o 7 ' YES ( J NOS. ( ] ea If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered species Program. ...a Part IIS site Desariy iM�j;. *rasa bnB„" p j -rso j.." indicate which of t�e following intormatibn has been provided (on a••y1ts,_ narrative description or calculations) to clearly, completely and acuurately descrtbap6*Xisting, site conditions. identifying Number/Letter (of plan, narrative or calculations) Natural Features soils Vegetation Topography r/' f -/ 1- 16ez open water bodies(including ponds and lakes) Flowing water bodies(includinq streams and rivers) Public and^private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test Boundaries of resource areas checked under Part 1, item 11 above Other Man-made Features : structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts) , dams and dikes subsurface sewage disposal .systems i Underground utilities 3-3 Roadways and parking areas Prvpl,rty hounilarte— =au•n•tonto and rights-of-day other part IIIc Work Description IMP in Indicate which of the following informto ation has y, completely ed and acan a curately narrative description or calcul of he clearly, res describe work proposed within each of the resource areas checked in part I, item 11 above. Identifying Number/Letter (of plan, narrative or calculations) = rlanview and Cross seat;on`• blitz"`'"""'' d-y- structures(such as buildings, piers, towers and he i Drainage and flood control facilities, including culverts:_ and open ehannals(with inverts) , dams and dikes Subsurface sewage disposal systems t underground utilities Filling, dredging and excavating, indicating volume and composition of material compensatory storage areas, where required in accordance with Part *_II, section 10.57 (4) of the regulations. wildlife habits: restoration[ jr rep.icaticn areas other Point sourr-e Discharce Description of characteristics of discharge from point source (both closed and open channel> , when point of discharge falls within resource nzea checked under Part I, item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following[ 1 oetineation of the drainage area contributing to the point of discharge; 2. Pre-arid post•devetoPment peak run-off from the drainage area, at the point of discharge, for at [lost the io•year and 100-year frequency storm; 3. Pre- and post-devetopment rate of infiltration contributing to the resource area checked under Pait 1, item 11 above; 4. Estimeted rater quatity characteristics of pre- and post•devetopaeit run-off at the point of discharge. 3_4 Part IV. M(tiatinp Meaaunaa 1. Clea. iv. L..oletely trd arcurs.*1y descr+h, with reference to supporting plans and oaltulatlmr Man necessary; (a) All rasures and designs proposed to seat the perforeerne standards set forth under each resource art@ specified In Part 11 or Pert III of the regulations) or - (b) Why the presusptions set forth under each resource area specified In Part 11 or Por III of tM- regulatio s do rot spply. ,yy 39 coastal neaource Area Types Identifying IIl 0 Inland COASTAL BANK letter of suppos! documents The applicant seeks to repair and maintain a sectio of seawall located at Pickering Wharf. An approxi ite 176' section of seawall of which a portion has collapsed and other sections are currently in a failure mode, will be replaced. A steel sheet bulkhead will be driven immediately in front of the existing seawall. No dredging or displacement of marine sediment is proposed. Because seawall at the site does not supply sedimen s to coastal beaches, dunes or barrier beaches, & becaus Pickering Wharf seawall will continue to be-si-amfi ant �_ ._.•• to storm'�dama a prevention S: flood control all performance standards for coastal bank have been met. 0 Coastal Resource Area Type: Identifying number' or ❑ Inland letter of support documents 3-5 0 Coastal ReaourcF Area Type: lenti.fying number or letter of support ❑ Inland documents I' 2. Clearty, connplately and accurately describe, with reference to supporting plans and calCotWOM Mata necessary: (a) al( measures and designs to regulate work within the Buffer Zone so as to ensure that said Ynrit does not atter an area specified in Vert 1, Section 10.020)(a) of these regulations; or aft measures ind designs proposed to Mat b) f cork in the Buffer Zone will alter such en area, -re perfunronae standards =s[.J�li;h co fcr the :dlacen• resource area, specified jr. serf 11 0^ Parr I11 on these 'equtatlons. _ e Bordered Identifying number or ❑ coastal Resource Area letter of suppgst Adm ❑ Inland By 100-Feat Discretionary zone : documents 3-6 III Part vi Additional Information for a Department of the Army Permit 1. COE Application No. j _ (to be provided by COE) 2. (Name of waterway) 3. Names and addresses of property owners adjoining your propertys 6. Document other project alternatives (i.e., other locations and/or construction methods, particularly those that would eliminate the, discharge of dredged or fill material into waters or wetlands) , 5. 8y• x 110 drawings in planview and cross-section, showing the-resource area and the proposed 5ctivity within the resource area. Drawings must be to scale and should be clear enough for photocopying. certification is required from the Division of water Pollution control before the Federal permit can be issued. certification may be obtained by contacting the Division of water Pollution control, 1 winter. strest, Boston, Massachusetts 02108. where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is _onsistent witn the approved program. information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of thisinformation is voluntary; however, if necessary information- is not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of intent and accompanying plane, documents and supporting data are true an xomplete to the best of my knowledge. signature of Applicant Dat signature of Applicant's Representative Date FORM "Exception to ENG form 431.5 approved by MOUSACE, 6 May 1982" NED 100 (TEST) 1 MAL 82 -This document contains a joint Department of the Army and State of Massschuaetts application for a permit to Obtain permission to perf Orn activities in United States waters. The Office of Management and Budget(OMB) hes approved those questions required by the US Anry Corps of Engineers. OMB Number 0702-0036 and expiration date of 30 SeptaaOar 1983 applies". This statement wilt be set in 6 point type. 3-7 v ' . • / ° IM 91 Lb I � I • ,�' �^ ( � 1 � � ''''��' `fit.,��!�I�jp��(lj�,''�-�� , ' ' , • ING oTlh �a;�` //�.�'•,lI. • P�, s{,=,�C•, 'I � IV �t�Frinj • o q e ,L . �' lu��x� •c� c i'1 ^� 9. j so t�k"! {Y rY t,'! SALEM, 745-806-• Jack Pelletier Philip Pelleti I: 1 I: .I •I DREDGING ` IFOUNDATION•: • NITAL �y J {t r�n��, �• rrt �LV�n tt� > �. ;,�� s1'G' rl t[l� \�.RY,ir A{I�^IT�S��y\I'J. ,�Y;i'►�.>?• ` � t�.? ' �4�..�, `. yYY\ys,u`: .�.af_)IStUrS FSS(' ,ILo4,\)�..in�'.,i...aa�•..; Yi ti, j —«•; 1 �,!'J CONCRETE CAP STONE_ 3 X!, TIMBER RAIL. -----'----..___. �- BRICK AND MORTAR POSTS ( tYP). I� SWG Sf DE W ALK MARI1VA iNfNG IRON GATE. - CONCRETE BLOCK WALL. cU>zB � OFFICE BUILDING �� - -__ --_- _ — R ANGULAR STONE SEAWALL. I I 11 0.0 M.L.W. APPROXIMATE MUDUNE. 17 O' SOUTH ELEVATION NOTE : FLOATS NOT SHOWN IN ELEVATION SCALE : I" = 20' Eti W i BIT. CONC. PARKING LOT. CONCRETE PAD MARINA OFFICE BUILDING PICKERING WHARF Cr-"' swfNClr;6FRON GATE. PUBLIC ACCESS WALKWAY o W CONCRETE WALK. — AREAWAY EXISTING CONDITIONS PLAN _ II FOR .WATER a- WATER WATER ROCKET REALTY TRUST IF - -- - -------_ �. � BY RAtvfP _-- RAMP -FL-0-A- S FLOATS THE ROBERT CHARLES GROUP FL ATS v -- -- - ��, SCALE: AS SHOWN GRANITE BLOCK WALL '" DATE: DEC.22,1996 a t SALE;bt H.9RBOR WATER SHEET I OF REVISED: PICKERING WHARF PLAN SCALE : 1" = 20' =n CONTROLLED GATE ACCESS TO FLOATS MARINA SIDEWALK OFFICE BUILDING I WALKWAY RAILING CURB _ - I III I Iil I I _ 13.0 ! —8.8 4� 11 r 1 Jam- 0,0 M L W LIMIT OF SHEET PILING APPROX. 170' - - SOUTH ELEVATION -SCALE : 1" = 20' i 9� 1 MARINA OFFICE BUILDING r� BIT. CONC. PARKING LOT.f� a PICKERING WHARF Vw PUBLIC ACCESS WALKWAY z AREAWAY ---- - - PROPOSED CONDITIONS PLAN "`-- 10' WIDE PUBLIC ACCESS----"" �_ WALKWAY RAILINGS FOR ROCKET T REALTY TRUST j =7 FLOATS FLOATS y BY ! x THE ROBERT CHARLES GROUP DG SCALE: AS SHOWN . I GRANITE BLOCK WALL SALEM HARBOR DATE: DEC.22,1996 SHEET CF 2 . REVISED: i PICKERING WHARF PLAN SCALE : 1" = 20' --