The URL can be used to link to this page

64-328 - 105 LEACH STREET - CONSERVATION COMMISSION W7 WF — 3 � 10 5 Lezc S1r'e�� NA'1'U�IR➢y: s'91�dy�p�T @�6. PRODUCTS 0®836 RECYCLEDAND RECYCLABLE ManulacWredlaSP.NkhaNSCa,NWq W V 4 <11 ``"� < U Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-328 1� WPAForm 5 - Order of Conditions Provided by DEP low Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. General Information IIIIIIIIIIIIIIIIIII1111 IIIIUM41111 When filling From: 2001112100492 Bk;11939 Pg;291 out forms on Salem 1112712001 13:59 00 OTHER Pa 1110 the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Michael A. Cook Same Name Name 105 Leach Street Mailing Address Mailing Address Salem MA 01970 City/rown State Zip Code City/Town Slate Zip Code 1. Project Location: 105 Leach Street Salem Street Address City/town Map 33 Lot 0541 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 11581 106 County Book Page NA Certificate(if registered land) 3. Dates: July 16 2001 September 6 2001 September 6 2001 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Chapter 91 Plans 1 of 2 and 2 of 2— Michael A Cook 105 Leach Street Salem MA July 10 2001 Title Date 5. Final Plans and Documents Signed and Stamped by: NA Name 6. Total Fee: $129.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.02/00 2001112100492 Bk;11939 Pg;298 11/27/2001 13:59:00 OTHER P9 2/10 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-328 WPA Form 5 - Order of Conditions ProvidedbyDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ® Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 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 rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Form 5 Page 2 of 7 Rev.02/00 2001112100492 Bk;11939 Pg:299 11/27/2001 13:59:00 OTHER Pg 3/10 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-328 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 OV B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the 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 proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 64-328 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Forth 5 Page 3 of 7 Rev.02/00 2001112100492 BU7939 Pg;300 11/27/2001 13:59:00 OTHER Po 4/10 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-326 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds(check one that applies): Conservation Commission _ ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Form 5 Page 4 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: lugBureau of Resource Protection - Wetlands 6y_gz4� WPA Form 5 — Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. S2plcvv.�rL,f (off 2oa\ Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and th property owner(if different from applicant). C4 Signatu q^ �--- On L Of Sec�.�.�y IP-b Day Month end Year � before me personally appeared to me known to be the person described in and who executed the foregoing instrument and nckno dged that he/she e�ec d th sa as his/her free act and deed.. o ary Public My ComAission Expires This Order is issued to the applicant s follows: ViA by hand delivery on ❑ by certified mail, return receipt requested, on S Date Date wPA Porro E 2001112100492 Bk:17939 Pg:301 Page 5 A 7 Rev.02100 11/27/2001 13:59:00 OTHER Pg 5110 2001112700492 Bk:17939 Pg:302 11/27/2001 13:59:00 OTHER P9 6/10 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-328 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission VJPA Form 5 Page 6 of 7 Rev.02100 2001112100492 Bk;11939 Pg;303 11/27/2001 13:59 00 OTHER P9 7110 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE 4 64-328 City of Salem, 105 Leach Street I. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00, and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-328, and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. 2001112100492 Bk;11939 Pg;304 11/27/2001 13:59:00 OTHER Pg 0/10 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number_NA_as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. / 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the V Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be NA_hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control._ EROSION CONTROL 21. Appropriate erasion control devices shall be in place prior to the beginning of any phases of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 2001112100492 Bk;11939 Pg;305 11/27/2001 13:59 00 OTHER P9 9110 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected aAer each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry, stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L. Chapter 21A, section 16. POST CONSTRUCTION 40. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, foamed,and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 2001112100492 Bk;11939 P9106 11/27/2001 13.WOO OTHER Pg 10110 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project; and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. Before work can commence,the Applicant shall obtain all the necessary Federal, State and Local permits and or approvals needed to construct this project. (9 mmmn ttalth of fllttssttclwa is � II II II II II 111111 III IIIII III No. 9107 2001112100491 Bk:11939 Pg:291 11/27/2001 13:59:00 OTHER P9 1/6 Obtrtas, Michael A. Cook 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 pile-supported pier------------------------------------------------------------------------------------ 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 authorizes and licenses the said -- Michael A. Cook --, 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 pile-supported pier----------------------------------------------------------------------- in and over the waters of— Salem Harbor-- in the -- City-- of-- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 9107 (2 Sheets). PRINTED ON RECYCLED PAPER 2001112100491 Bk;17939 Pg;292 11/27/2001 13:59:00 OTHER P9 2/6 License No. 9107 Page 2 The structures hereby authorized shall be limited to the following use(s): to provide non- commercial docking and boating access to navigable waters. This license shall expire 10 (ten) years from the date of license issuance. By written request of the Licensee for an amendment, the Department may grant a renewal for a term of years not to exceed that authorized by the original license. All work authorized herein shall be completed within five (5) years of the date of license issuance. Said construction period may be extended by the Department for one or more one year periods without public notice,provided that the Applicant submits to the Department, thirty(30) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. The existing seawall and fill were previously authorized pursuant to license no. 2567, issued April 14, 1902 and shall be maintained in accordance with said license conditions. The existing garage is authorized pursuant to 310 CMR 9.05(3)(b). Please see page 3 for additional conditions to this license. ------------------------------------- ----------------------------------------------------------------------------------------------------------- Duplicate of said plan, number 9107 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. 20011121004918k;11939 Pg;293 „ 11127/2001 13'.59'00 OTHER Ps 316 License No. 9107 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 Licenseerp for to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use of any substantial structural alteration of any structure of 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 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure of fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the terns 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 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 stmeture(s)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 consent of the 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 structure(s)and/or fill authorized herein 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 the 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. _ Commonwealth Tidelands. This Licensee shall not restrict the public's right to use and to pass freely,for any 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 rights 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. 2001112700491 Bk;17939 Pg;294 11/27/2001 13:59:00 OTHER Pg 416 License No. 9107 Page 4 Department, and compensation thereof has been made — - by paying into the treasury of the Commo o ars and zero cents ($0.00)-- for each cubic yard so fting the amount hereby assessed by said PepaftmenA. (.00 au. 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 ----------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this NINTH EENTH day of ;NOVEMBER in the year two thousand and one. Department of Section Chief Environmental - Protection THE COMMONWEALTH OF MASSACHUSETTS This lieense is approved in eqnsideration of the payfasat inte the tfeasuff of the bythe said— ------------------------------------------------------------- ----- the further sum of-- zero dollars and zero cents ($0.00) ---- the amount determined by the Governor as a just and equit charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved by cting Governor. 2001112100491 Bk:11939 Pg:295 r 11/27/2001 13:59:00 OTHER Pg 5/6 - - Mean Low Water(PFLw) - - LICENSE NO. c?1o7 Approved by Dep tnent of Environmental Protection 8' WIDE DECK 3'-1' Date1 �IOV 2001 NORTH Sh tan Derby Wharf �.� F PCY � LOCUS N QP �w ' , Ire" PILES <4X> 25' LONG `e17PRESSURE TREATED S' DIA. AT BOTTOM �12' DIA. AT TOP CWOI-Q,745] —SALEMSOUTH Fore HARBOREXISTING (1997) SALEM 15'-6DAVIT ARM Par P Mean High Water (MHW) �� ~ SSC c It Existing Seawatl o-Ae MARBLEHEAD & Fill Permit18'- 20 , 25' See Note V� �4 (pr(proposed) LOCUS MAP 12'-4' (existing) 46'-9° 21' (proposed) under file no.Poi-O-M3 O LOT #0541 MAP #33 a Note, Existing Seawall & Fill Permit ❑ E M,G,L, c, 91 Licence No, 2567 ❑ Recorded April 14, 1902 S\�9e e Reg, of Deeds Bk 1669, P128, F� ` Together with Plan No. 2567 Dated January 6, 1902 porch 10 PLAN VIEW sidewalk li'-10° (Scatei 1'=20') 0 5 10 20 40 LEACH STREET PURPOSD SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS, IN Salem Harbor 1. Howard & Gloria Pothler Michael A. Cook AT Salem 107 Leach Street 105 Leach Street COUNTY OF: Essex STATE: MA 2. Victor & Carole Theriautt Salem, MA 01970 APPLICATION BY: M. A, Cook 101 Leach Street SHEET 1 OF 2 DATE: 10 JUL 2001 '' 2001112100491 Bk;11939 P9:296 C 11/27/2001 13'.59.00 OTHER P9 616 LICENSE N11qlo-�- Approved by Department of Environmental Protectio Date: pjV 2001 24'(proposed) Rqmsed gwageCMdoe Px21'wido) 18'-10' (existing) PROPOSED EXISTING ROCK 300 SQ. FT. tcLearance 1' 15'-3' EX STI G FIL 6'-7' 0. 90 10'-9' (MHW=8,72') PALMER COVE Saler CIt�Base = Mean Low Water _ _ ___ _-- — —(MLW-0.0') PROFILE VIEW (Scale+ 1'=10') 0 5 10 20 PURPOSEi SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERSIMichael A. Cook IN Salem Harbor 1: Howard & Glorla Pothier AT Salem 107 Leach Street 105 Leach Street COUNTY OF+ Essex STATE1 MA 2. Victor & Carole Therlault Salem, MA 01970 APPLICATION BYt M, A, Cook 101 Leach Street SHEET 2 OF 2 DATE+ 10 JUL 2001 ` 1 � IVi^A� (Iommonwtu th of Masstttlmuffs No. 9106 IIIIIIII IIIIII�IIIII IIII II�IIIIII 20011127004905 Bk 011939 Pg 289 ablert88, Michael A. Cook 11/27/2001 OTHER P9 1/6 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 boathouse - - - - - - -- - - --------------------------- 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 authorizes and licenses the said Michael A. Cook --, 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 boathouse - - - - - - - - -in and over the waters of— Salem Harbor -- in the -- City-- of-- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 9106 (2 Sheets). P'..!`'"_i--�= [ PRINTED ON RECYCLED PAPER 2001112100490 Bk;11939 P9;286 11/27/2001 13:59.00 OTHER Ps 2/6 License No. 9106 Page 2 The structures hereby authorized shall be limited to the following use(s): to provide non- commercial boat storage. This license shall expire 10 (ten) years from the date of license issuance. By written request of the Licensee for an amendment, the Department may grant a renewal for a term of years not to exceed that authorized by the original license. All work authorized herein shall be completed within five (5)years of the date of license issuance. Said construction period may be extended by the Department for one or more one year periods without public notice,provided that the Applicant submits to the Department, thirty(30) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. The existing seawall and fill were previously authorized pursuant to license no. 2567, issued April 14, 1902 and shall be maintained in accordance with said license conditions. The existing garage is authorized pursuant to 310 CMR 9.05(3)(b). Please see page 3 for additional conditions to this license. -------------------------------------- ------------------------------------------------------------------------------------------------------------ Duplicate of said plan, number 9106 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. 2001112100490 Bk;11939 Pg;281 11/27/2001 13:59:00 OTHER P9 3/6 License No. 9106 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 RdLr to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use of any substantial structural alteration of any structure of 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 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure of fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the terns 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 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 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 511.. 5. The structure(s)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 consent of the 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 structure(s)and/or fill authorized herein 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 the 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. Commonwealth Tidelands. This Licensee shall not restrict the public's right to use and to pass freely,for any 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 rights 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. 1001112100490 Sk;11939 Pg;288 11/27/2001 13:69:00 OTHER P9 4/6 License No. 9106 Page 4 The amount of tidewater lisplaeed by t.he work hereby authorized has been as Department, and compensation thereof has been ma — - by paying into the treasury of the Com - o o ars and zero cents ($0.00) -- for each cubic yard so -Ping th-e —an-iottm hereby assessed by said Depafftnem—. -eGG-e�. - Q 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 ----------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this NINTHEENTH da of NOVEMBER Y in the year two thousand and one. Department of Section Chief Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS bythe said— ---------------------------------------------------------- ------- the further sum of-- zero dollars and zero cents ($0.00) ---- the amount determined by the Governor as a just and e e charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved e Acting Governor. 2001112100490 Bk;11939 Pg;289 C, 11/27/2001 13:59:00 OTHER Pg 5/6 - - Mean Low Water(MLT) - - LICENSE NO. qVP Approved by Departnent of Environmental Protection 8� WIDE DECK � � Date: MOV 200. G NORTH Sh tlan Derby Wh � PCY LDCUS QP �� 17, PILES (4X) 25' LONG \ PRESSURE TREATED ^^^ 37 . 8' DIA. AT BOTTOM q o3 v ^^� 12' DIA. AT TOP SALEM SOUTH Fore HARBOR EXISTING (1997) SALEM r ^^^ 15'-6° DAVIT ARM Por P Mean High Water (MHW) SSC o Existing Seawall MARBLEHEAD & Fill Permit vo 18'-4' 24 25, See Note LOCUS MAP IWc;#glo (proposed) l,iC�910b 12'-4' (existing) 46'-9' 21' (proposed) LOT 40541 MAP #33 IL C5 Note; Existing Seawall & Fill Permit ® q M,U.L, c. 91 Licence No, 2567 ❑ Recorded April 14, 1902 �� e�G� Reg, of Deeds Bk 1669, P128, F . a Together with Plan No, 2567 Dated January 6, 1902 porch PLAN VIEW sidewalk 11'-SO' (Scaler 1'=20') LEACH STREET o 5 l0 20 40 PURPOSEt SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERSi Michael A. Cook IN Salem Harbor Mic 1. Howard & Gloria Pothler MicLeah Street AT Salem 105 Leach 107 Leach Street Saler,, c 01970 COUNTY OF: Essex STATE; MA 2. Victor & Carole Therlault APPLICATION BY: M. A. Cook 101 Leach Street SHEET 1 OF 2 DATE: 10 JUL 2001 C, 2001112700490 Bk;17939 Pg;290 C 11/27/2001 13:59:00 OTHER Py 6/6 LICENSE NO, CNOQ0 Approved by Department of Environmental Protectio Date: 24'(proposed) Pmposad 9aM®(24'deep x 21'vNid®) 18'-10' (existing) PROPOSED EXISTING ROCK 300 SO, FT. DECK 1' 15'-3' EX STI G FIL ND SEAWALL 90 clearance 10'-9 (MHW=8.72') PALMER COVE SalemCltyBose = Mean Low Water PROFILE VIEW (Scale: 1'=10') 0 5 10 20 PURPOSE, SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OVNERSs IN Saler Harbor 1. Howard Michael A. Cook& Gloria Pothler MlcAT Saler? 107 Leach Street 105 Leach c 01970h Street COUNTY OF: Essex STATE: MA 2. Vlctor & Carole Therlault APPLICATION BY: M, A. Cook 101 Leach Street SHEET 2 OF 2 DATE: 10 JUL 2001 COST/ SCHEDULE OF GARAGE AT 105 LEACH ST. DESCRIPTION WEEK OF QTY TIME PRICE EA QTY PRICE DEMO LABOR 9-Oct 1 DAY 25/HR $ 200.00 20 YARD DUMPSTER RENTAL (CONCRETE) 1 WEEK $ 400.00 JACKHAMMER RENTAL 1 DAY $ 50.00 DUMP LUMBER @ N.S. CARTING $ 100.00 EXCAVATOR RENTAL, GAS, DELIVERY 16-Octl 2 DAYS $ 400.00 WOOD FOR FORMS 1 DAY $ 200.00 #5(5/8) REBAR X 20' LONG 21 17 $ 357.00 #5 REBAR x 30" LONG 8 0.125 $ 17.00 POUR FOOTING 4000PSI 4.82 YD 1 DAY 115+ $ 674.00 BUILD FORMS 2 DAYS POUR WALLS 4000PSI 12.04 YD 1 DAY 115+ $ 1,618.00 POUR FLOOR 4000PSI 7.92 YD 1 DAY 115+ $ 1,078.00 8X8X16 CORNER SPLITFACE C.M.U. 23-Oct 48 4 $ 192.00 8X8X16 STREACHER SPLITFACE C.M.U. 441 3 $ 1,323.00 LABOR(MASONRY) 6 DAYS $ 2,400.00 TRUSS TYPE REINFORCING WIRE 10' LONG 36 2.25 $ 81.00 3/8 DIA REBAR 12"LONG MORTAR MIX 80 LBS"CON-PROCO" 5.55 12" LONG 1/2" DIA"J" BOLTS 16 2 $ 32.00 W8X15X19.5'STEEL BEAMS-GALVANISED 30-Oct 4 1 DAY 337.5 $ 1,350.00 4" DIA LALLY COLUMNS 6 42 $ 252.00 LALLY COL BRKTS(TOP)SIMPSON LCC4.5-4 6 42 $ 252.00 PLYWOOD CDX 1/2"THK 4X8 SHEET BEAMS) 3 13 $ 39.00 2X8X8 SPF(RIM JOIST IN BEAMS) 20 1 DAY 5.86 $ 117.20 1/2" DIA X 5"CARRIGE BOLT&WASHER/NUT 16 1.9 $ 30.40 HEAVY DUTY JOIST HANGERS 2X8 84 1 DAY 1.1 $ 92.40 1.5" LONG JOIST HANGER NAILS 800 2X8X8 SPF FLOOR JOIST) 42 1 DAY 5.86 $ 246.12 2X8X8 PT SYP (TRIPPLE SILL PLATE) 24 8 $ 192.00 PLYWOOD 3/4 THK FLOOR(T&G PINE) 15 1 DAY 20 $ 300.00 PLYWOOD 3/4"THK GUSSETTS 6-Nov 8 1 DAY 20 $ 160.00 2X6X8' SPF RAFTERS 56 1 DAY 3.75 $ 210.00 2X12X10' (TRIPPLE RIDGE BEAM) 6 14 $ 84.00 RAFTER HANGERS 28 1DAY 5/8 PLYWOOD 4X8 ROOF SHEATHING 20 1 DAY 19 $ 380.00 2X6X8'SPF SOLE PLATE 8 3.75 $ 30.00 2X4X8'SPF STUDS 40 1 DAY 2.13 $ 85.20 2X6X8' SPF STUDS 13 3.75 $ 48.75 2X6X8' SPF TOP PLATE 8 3.75 $ 30.00 ICE&WATER SHIELD 3X75=225S.F. ROLL 3 100 $ 300.00 TAR(FELT) PAPER 432 S.F./ROLL 13-Nov 2 16 $ 32.00 ROOF SHINGLES-ARCHfTECTURAL 7 2 DAY 63 $ 441.00 TYVEK HOUSE WRAP S WIDE ROLL 495SF 1 69 $ 69.00 I CLABBORD 1DAY FIBER BOARD UNDERLAY 4X8 SHEET 5 11 $ 55.00 ADHESIVE RUBBER ROOF 10'X 25' ROLL NEED 130 S.F.) 1 1 DAY 160 $ 160.00 DRIP EDGE COVER TAPE ROLL 1 170 $ 170.00 SLEEPERS 2X4X8 Q 16 O.C. 15 2.13 $ 31.95 6"WIDE DECKING(CHOICEDECK) 130 S.F. CABLE RAILING 33 L.F. GARAGE DOOR 16X7 ELEC LOW HDROOM 20-Nov 1 2000 $ 2,000.00 32X80 WOOD DOOR WNWINDOW 1 180 $ 180.00 32X48 WINDOW 2 180 $ 360.00 24!'X 4&'X 3/8'THK LEXAN PANEL Thanksgiving 1 1 DAY 97 $ 97.00 8'8!'X 7'6"CUSTOM BARN DOOR 1 1 DAY 50 $ 50.00 2X12X10 STAIR CUSTOM STRINGER 27-Nov 3 1 DAY 14 $ 42.00 WINDOW DH 3 1 DAY 160 $ 480.00 DOOR 36"X 79" CUSTOM WNVINDOW 1 180 $ 180.00 LOCKSET DOORKNOB 2 25 $ 50.00 WIRE OUTLETS, LIGHTS, SUBPANEL INSULATION R13 88 S.F. ROLL 12 33 $ 396.00 DRYWALL 20 PAINT 1 30 $ 30.00 CARPET 19X17=323 S.F. 323 2 $ 646.00 GAS FIREPLACE 4-Dec $ 1,500.00 HOT TUB $ 4,895.00 TOTAL $25,186.02 Michael A. Cook 105 Leach Street Salem, MA 01970 August 19, 2004 Mr. Kevin Comacchio Chairman, Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA 01970 RE: Notification of Change - Property at 105 Leach Street Dear Mr. Cornacchio and Conservation Commission Members: I am writing to inform you about a dimensional change which was made during the construction of the pier at 105 Leach Street (DEP#64-328). The original plans, as recorded at the Registry of Deeds, show the pier to be 8 feet wide. The pier was actually built 10 feet wide for a portion of its length due to the final positions of the piles, which had to be driven slightly out of position to avoid large rocks or ledge. Although the dimensions differ, the total square footage was kept to the original 300 s.f. so as not to exceed the permissible limit under the Simplified Licensing requirements. It is my sincere hope that you will find this to be a non-substantial change that can simply be reflected in the "as-built' plans, instead of a change requiring re-submittal. I have enclosed a copy of the original and as-built plans for your review. I would happy to appear at your next meeting on September 9`h, 2004 if needed. You may call me with any questions at 781-205-5377 (work). Sincerely, mt,�'Q. CA-, Michael A. Cook _ Massachusetts_Department of.Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 7 — Extension Permit for Orders of Conditions 64-328 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP � �A. General Information Important: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII When filling out 1. Applicant: forms on the Michael A. Cook 2004092000303 803401 Pg;35 computer, use Name 09/20/2004 12:01:00 OTHER Pe 1/2 only the tab key to move 105 Leach Street your cursor- Mailing Address do not use the Salem Ma 01970 return key. City/I own State Zip Code c 2. Property Owner(if different): Name rewn Mailing Address City/I own State Zip Code B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 9/9/04 Date for work at: 105 Leach Street Map 33 Lot 0541 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex 11581 County Book Page Certificate(if registered land) is hereby extended until: 9/9/07 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: Salem Conservation Commission wpaform7.doc•rev.7/14/04 , Pagel of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 64-328 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Salem Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 105 Leach Street 64-328 Project Location DEP File Number has been recorded at the Registry of Deeds of: Es5Pax County for: MICHAEL A Cook Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: oz. Dq -?- Date - Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.7/14/04 Page 3 of 3 x I r __ Salm MA 01970 9/200054 OTHER ism -35103 SK 23401 55.OQc EPV FEE I i� Michael A. Cook 105 Leach Street Salem, MA 01970 August 19, 2004 Mr. Kevin Comacchio Chairman, Salem Conservation Commission AUG 19 200 City Hall Annex 120 Washington Street Salem, MA 01970 RE: Request for extension -Property at 105 Leach Street Dear Mr. Comacchio and Conservation Commission Members: I am writing to request an extension on my Order of Conditions (DEP#64-328). The original order, granted on September 6`h, 2001 will otherwise soon expire. I would like to be heard at your next meeting on September 9`h, 2004. The order applies to the construction of a pile-supported pier and boathouse, which are shown on the plans enclosed. Only the pier has been completed so far. Please schedule this matter for your September 9`h, 2004 hearing if possible. You may call me with any questions at 781-205-5377 (work). Sincerely, ftu�l a. Michael A. Cook - - Mean Low Water (ML- - - LICENSE No. PO- Approved by Dep tnent of Environmental Protection 8' WIDE DECK Date: ,,q0 112001 .3'-1' NORTH Iny Wharf [N 17, PILES (4X) 25' LONG PRESSURE TREATED � 8' DIA. AT BOTTOM 12' DIA. AT TOP CL00i �y''] EMSOBOREXISTING (1997) SAAVIT ARM Mean High Water (MHW) �zExisting Seawall oeEHEAD & Fill Permit vo 18'-4' 24' 25' See Note (proposed) LOCUS MAP 12'-4' (existing) 21' (proposed) 46'-9' un✓ler file plo,Li.Voi-0-'�41 O LOT "541 MAP #33 11 d Note; Existing Seawall & Fill Permit ® Q M.G.L. c, 91 Licence No, 2567 ❑ Recorded April 14, 1902 Reg. of Deeds Bk 1669, P128, F� a Together with Plan No, 2567 Dated January 6, 1902 porch PLAN VIEW sidewalk il'-10' (Scale 1'=20') LEACH STREET o s 10 20 40 PURPOSES SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERSi Michael A. Cook IN Satem Harbor 1. Howard & Gloria Pothier 105 Leah Street , AT Salem ac 107 Leach Street Salem, c 01COUNTY OF; Essex STATE MA 2. Victor & Carole Theriault APPLICATION BY: M. A. Cook 101 Leach Street SHEET 1 OF 2 DATE: 10 JUL 2001 'i i LICENSE NO, qto-� 1 Approved by Department of Environmental Protectio Date 200 24'(proposed) Pmowd 18'-10° (existing) PROPOSED EXISTING ROCK 300 SQ, FT. DECK. � 1 15'-3° EXISTING FIL ND SEAVALL 90 clearance 101_91 (MHW=8,72') PALMER COVE Saler City Base Mean Low Water _ _ _ _ _ _ _ _ _ _(MLW=0.0') PROFILE VIEW (Scale: 1'=10') 0 5 10 20 PURPOSE. SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF Proposed pier & enlarge garage ADJACENT PROPERTY OWNERSt IN Saler Harbor 1: Howard & Gloria Pothier Michael A Cook AT Salem 107 Leach Street 105 Leach Street COUNTY OF Essex STATE MA 2, Victor & Carole Theriault Salem, MA 01970 COUNTY OF: E e M. A, Cook 101 Leach Street SHEET 2 OF 2 DATE 10 JUL 2001 - - Mean Low Water(M�w) - - LICENSE N❑, Approved by Department of Environmental Protection 10' WIDE DECK � Date+ NORTH Sh tlan Derby Wharf 'I ' 10'-9' PCY IN Q P� 36 —11 PILES (6X) 25' LONG `F us PRESSURE TREATED r 8' DIA. AT BOTTOM p 12'-3 12' DIA. AT TOP SALEM SOUTH Fore HARBOR �N. EXISTING (1997) SALEM r �� DAVIT ARM Par 10'-7' N Mean High Water (MHW) K. SSC o Existing Seawall o-oe MARBLEHEAD & Fill PermitVo- 18'-4' 24 25, See Note (propo' sed) L❑CUS MAP 1 12'-4' (existing) 46'-9' 21' (proposed) Q 9eL� O LGT #0541 MAP #33 C5 Note; Qj Existing Seawall & Fill Permit ❑ A M,G,L, c, 91 Licence No, 2567 ❑ Recorded April 14, 1902 S��F de�ae Reg, of Deeds Bk 1669, P128, F� Together with Plan No, 2567 Dated January 6, 1902 porch PLAN VIEW sidewalk 11'-10' (Scale, 1'=20') LEACH STREET o 5 10 20 40 PURPOSE: SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF, Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS Michael A. Cook IN Salem Harbor Mic 1. Howard & Gloria Pothier MicLeah Street AT Salem 105 Leach 107 Leach Street Salem, c 01970 COUNTY OF+ Essex STATE, MA 2. Victor & Carole Theriault APPLICATION BY, M. A. Cook _ 101 Leach Street SHEET 1 OF 2 DATE,'I9—AUG_204 LICENSE NO. Approved by Department of Environmental Protectio Date; 24'(proposed) 18'-10' Proposed garage (24'deep x 21'wide) (existing) EXISTING ROCK PROPOSED 300 SQ. F]NIL T. DECK 1' 15'-3' x sT ' EN s AWALL isoz clearance 10'-9" (MHW=8,72') PALMER COVE Salem CIt�IL = Mean Low ter _ _ _ _ _ _9'-3'_ _(MLW=0.0') PROFILE VIEW (Scale; 1'=10') 0 5 10 20 PURPOSE, SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF, Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS Michael A, Cook IN Salem Harbor Mic 1, Howard & Gloria Pothier MicLeah Street AT Salem 105 Leach 107 Leach Street Salem, c 01970 COUNTY OF; Essex STATE, MA 2. Victor & Carole Theriault APPLICATION BY; M. A, Cook- W. Leach Street SHEET 2 OF 2 DATE,E 19 AUG.2074 pIl 11 I � pt Mt - ? - d J-> F ---•� - ice•' fib 111\Y��Y�.• ..r ,..__. ._ r' t WWI . Rw " a ,..�. , ��, -• �"fi �yr '��.�-�1 �_ �'R . ��' __ •�19R ;.^�IIGI I�11!! 9�1lEiale-il t „nnn nr=nc.. I In IIR-�'�ABRu�Rty;A�- .y -rte .r - raa _ 'I ✓. ��y: !{1 t r �a r r F%fit < _ R r 1 Y� a o ] IIIII T�•.f � �. =....✓n+Yc•x 4_ �-�=`'acs '�-5"' ti."'C�� r.� _ I Notice of Intent Application Wetlands Protection Act and Salem Wetlands Protection By-Law Proposal for Pier& Boathouse at 105 Leach Street Submitted by Owner: Michael A. Cook 105 Leach Sheet Salem, MA 01970 - ' til `- July 13, 2001 J J � Michael A. Cook 105 Leach Street Salem, MA 01970 July 12, 2001 Mr. Donald Cefalo Senior Planner, Salem Conservation Commission 120 Washington Street Salem, MA 01970 RE: WPA Form 3 Notice of Intent Application - Property at 105 Leach Street Dear Mr. Cefalo and Conservation Commission Members: I hereby submit, for your consideration, this Notice of Intent which proposes construction of an eight(8)foot wide by thirty-seven(37)foot long pier(296 sq. ft.) at 105 Leach street for the purpose of swimming and boating in Salem Harbor. The pier would be supported by the existing seawall and four(4) to six(6) new piles to be driven into the mud flats as illustrated on the plans included with this N.O.I. The clearance under the pier would be eighteen(18)inches more than the required five(5) feet at high tide. This Notice of Intent also proposes the construction of a 288 sq. ft. addition to the existing garage for the purpose of creating a boat house. The new space would enclose the existing davit arm and provide boat-launch access to the water via a rear sliding door. I have considered that a vehicle parked in this garage could potentially leak someday. The new floor slab would be pitched toward its center to ensure any spill would be contained. A six(6) inch high lip at the rear door will provide additional containment. A catch basin (gutter type) in front of the garage door currently exists which redirects rain water and storm surge back into the sea. I am proposing to duplicate this feature in front of the newly proposed garage door so as to prevent the flooding of the garage from the street side during heavy rain or storm surge. Included with this filing are: 8 copies of the Notice of Intent and attachments(see list). Application fee of$77 (chk# 1079)for Wetlands Protection Act and local by-law fees Please schedule this matter for your July 26, 2001 meeting if possible. You may call me with any questions at 978-740-9188 (home) or 781-205-5377 (work). Sincerely, oz .t A, <,A_ Michael A. Cook Mechanical Engineer, BSME i Michael A. Cook 105 Leach Street Salem, MA 01970 List of Documents to Accompany the Notice of Intent i. Site plans, 8-1/2" x 11" self-prepared. 2. Wetland Impact Assessment Narrative s. Abutters List a. Abutters Notification Form s. Recipts for Certified Mail to Abuttors 6. Filing Fee Information & Payment Wetland Impact Assessment Discussion of Proposed Work Conditions and Wetland Resource Areas Introduction The property is located at 105 Leach Street in Salem,MA(aka Map#33, Lot#0541). The subject parcel is a rectangular lot with 50' frontage along Leach Street, 50' frontage on Palmer Cove in Salem Harbor, and 95' along each side which it shares with abutters. The lot contains a single family dwelling and a 1-car garage. The project proposes an 8' wide by 37' long pile-supported pier in flowed tiedlands and a 288 sq. ft. addition to the garage in the buffer zone and on filled tidelands. The owner also seeks a variance to extend a non-conforming structure(garage). The right side of the garage is on the property line and does not meet the 5' setback requirement. History There was a pier in the proposed location for many(30+)years however it was destroyed by the`Blizzard of`78" and never replaced. The property has deeded interest in the mud flats and a deeded ch.91 license for a seawall and fill recorded in 1902. The abutter to the right currently has a licensed pier similar to the one proposed. Both abutters have 2-car garages similar to the one proposed. Hydrology n y gy a d Wetland Resource Areas The Flowed Tidelands are awash with seaweed from time to time but I do not believe these constitute`Bordering Vegetated Wetlands". The topology is mostly rocks, sand, and mud which are all under water at high tide. I have not had a professional assesment. Site vegetation, Topography and Soils The Filled Tidelands(my back yard) are covered with grass, roses, and other opportunistic species. Flower beds are covered in bark mulch, the driveway is asphault and has a gradual slope from the street to the garage. The seawall is a few inches above the lawn such that no runnoff can spill over the top. A picket fence runs along the seawall. Rare Species I dpn't believe there are"estimated habitats of rare wetlands wildlife"or"certified Yptil&l pools"on or near the subject parcel. I have found rock crabs, hermit crabs, i barnacles, muscles, clams, razor clams, oysters and lots of snails (periwinkles) at low tide. I have never found starfish, sanddollars, or horseshoe crabs in Palmer Cove which are common to the coastal beaches of Gloucester. I would speculate that pollution, thermal or chemical, and the lack of tidal pools, prevents the more delicate species from succeeding here although there may be other reasons for this as well. I don't believe there will be any noticeable impact upon the habitat of these creatures from the piles driven or the shade cast upon the beach by the proposed pier. Proposed Work Phase 1. Pier Construction: Driving of 4 or possibly 6 piles into the mud flats. Each pile would be approx. 10 inch diameter by 25 feet long pressure treated as is typical at Palmer Cove Yacht Club or Hawthorne Cove Marina. I have spoken to North Shore Marine who operates a barge mounted pile driver and they would install these piles for about $3000 in one day. Other Lumber for the pier, such as pressure treated 4"x 12"x 16 ft would be delivered to the site and stored in the yard until needed. These pieces would be cut to size and pre- drilled for fasteners (bolts) while in the yard. Phase 2. Demolition work: The slate garage roof, and the left side wall of the garage, and the overhead garage door would be dissasembled and removed from the property by the contractor. Phase 3. Addition work: For the garage addition, soil excavation for footings and foundations would be dug, forms set up and the concrete poured. Once the concrete has cured, forms would be removed and the walls would be backfilled. Some of the extra soil would removed from the property by the contractor. The rear wall would be extended with concrete block and along the new foundation for the left wall. A new overhead garage door, custom made sliding rear door, new windows, and new roof would be installed. A new electric service to replace the existing one would also be required—wires buried in a small trench leading to the house. Once complete, the lawn would be re-seeded. Erosion Controls A siltration barrier of hay bales would seem unnecessary as the work in the buffer zone is already contained by the seawall and neighboring structures on each side(garages). I have no objection to such controls but am unsure how they could be used effectively. As it is, the property is not normally subject to any erosion. FILING FEE INFORMATION Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands - WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 So&l era Town A. General Information Important: Applicant: When filling out forms on the MICHAEL A Cook M._ cookYAEYI . Corn computer, use Name E-Mail Address(if applicable) only the tab key to move 1 0 5 L EA C14 ST your cursor- Mailing Address ,v1 do not use the SALEM MA 01 c170 - return key. Cityrrown State Zip Code `l-]8 - 740- 9185 (NoMc) 781 - 105- 5377 (Work) Phone Number ) 2. Representative(if any): !V Firm 11 A Note: Contact Name E-Mail Address('d applicable) Before completing this Mailing Address form consult your local City/Town State Zip Code Conservation Commission regarding any Phone Number Fax Number(if applicable) municipal bylaw or ordinance. 3. Property Owner(if different from applicant): — SAME — Name Mailing Address City/Town Stale Zip Code 4. Total Fee: t 121 (from Appendix S:Wetland Fee Transmittal Forth) 5. Project Location: 10 5 LEACH ST SA LEM Street Address City/Town MAP # 3S 1 '1-r # OS41 Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: ESSF'r 11581 X06 County Book Page N,/A Certificate(if Registered Land) Page 7 018 WPA Forth 3 Rev.02110 �\ Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 mal ewtT°wn A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? P ® Yes If yes, how many square feet? A dd t t tao of 28$ 50.- T t' 7U `xtStt�o+ 216 SGt ft U1c>,ro.ay NE-%A, To1'AL = Sd4 SQIE't ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact(e.g., sq. ft.) /t'l u D FL6Ts 2 >2 sq �t B. Project Description 1. General Project Description: Foul (4) PILEs ro ro DRtvE" INTO MOD t LATS To Soppor'r o. PlE►2 As Sagvipi ON Pl_AN C onStruct A 2--C-"r a hers j- Qo.r 2. Plan and/or Map References: in tov) of k 7 id UI Op (� 1 Date Title & Pr-o-b l � o2w on S VI" Ili/ Sh¢e�S I Page 2 of e WPA Fom 3 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 yn Town w C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank Coastal Beach ❑ Barrier Beach ❑ Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: Square Feet altered Volume of Flood storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: Linear Feet altered Square Feet altered Page 3 N 8 W A Form 3 Rev.OVOO Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SCO e.t^'1Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: ✓ Beach: 288 SCS FT Acl&ban to ory -- Square Feet altered Square Feet altered Land Under Ocean: x Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): /A b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. -All other projects c. Describe how the Mean Annual High-Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High-Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: Square Feet f. Proposed alteration of the Riverfront Area: q Total Square Feet Square Feet within 100 R. Square Feet bet een too ft and 200 ft. Page 4 or a WPA Form 3 Rev.02/M i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALE wl w Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ❑ DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more wetland indicator plants ❑ Saturated/inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 (� No Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? ❑ Yes No Page 5 of a WPA Farts 3 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent Provided by DEP SALEM Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: )� No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: J� No 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑Transportation ❑ Other(describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? Yes If yes, explain why the project is exempt: x1DDtTloN 1"0 AN FXISTW(> 5TIKYOUtE (GARAC>e) ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. Page 6 of 6 WPA Form 3 R.V.G2= Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM s, Town E. Additional Information Applicants must include the following with this Notice of Intent(NOI): t� • LISGS 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 Bordering Vegetated Wetland (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 the titles and final revision dates for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm fee payment: to Ir-A& 11 TtJ T'ntr_ p /Cowna�weclfft/ 10 79 �C11� oFsaleri MRss // ��N 12 . Zool Check Number Check date MtcNPE-l. A. Cook - SAME - Payor name on check Applicant name(if different from payor) G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. 1 understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. A, Ca� T'Ay I-L , I Signature of Applicant Date 5AMC— Signature of Property Owner(if d'rfrerent) Date 14 /A Signature of Representative(if any) Date Page 7 d 9 WPA Forth 3, Rev.02100 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP SALCM Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town G. Signatures and Submittal Requirements (cont.) For Conservation commission: a -Tvm copies of the completed Notice of Intent(Form 3), including supporting plans and documents;Av copies of pages t and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office (see Appendix A) by certified mail or hand delivery. Other: If the applicant has checked the "yes"box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Page ad NPA Forth 3 Rev.07100 FILING FEE INFORMATION Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix B - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: M I C 1AAeL A. C nok Name 105; LEAC l-1 ST Mailing Address SALC- M MA 01970 Cityrrown - State Zip Code 0179 - 740- X119& Wome) 7131-205- 5377 (,work) Phone Number 2. Property Owner(if different): - SAf✓tE— Name Mailing Address CitylTown State Zip Code Phone Number 3. Project Location: 10S LcACO S1 <,ALEK Street Address Cilyrrown B. Fees To calculate filing fees,refer Abbreviated Notice of Resource Area Delineation (Form 4A): to the category fee list and The fee is calculated as follows(check applicable project type): examples in Section D of this form. ❑ single family house project X$1.00= (feet of BVM Total fee(not to exceed$100) ❑ all other projects X $1.00= (feet of BVM Total fee(not to exceed$1,000) State share of filling fee: (112 of total fee less$12.50) City/Town share of filling fee: (112 of total fee plus$12.50) wpafam3.doc•Appendix B•rev.1VISM0 Page 1 of 6 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix B - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cont.) Abbreviated Notice of Intent(Form 4) or Notice of Intent (Form 3): The fee should be calculated using the following six-step process and worksheet: Step lfrype of Activity: Describe each type of activity (see Section D for a list of activities)that will occur in 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 each activity fee from the six project categories in Section D. 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 WOW Project Fee: Determine the total project fee by adding the subtotal amounts from 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 lfrype of Activity Step 2/Number Step Undividual Step 4/Subtotal of Activities Activity Fee Activity Fee C/1TE�o2Y 1 - Addttfunl 1 S55- # 55- 37 -Pt * Ai- CAtEco9,-1 5- - PiFR 1 7/t 36 7�f Step 5/Total Project Fee: 29 Step 6/Fee Payments: Total Project Fee: 12 9 (Total fee from Step 5) State share of filing fee: 4 52- (112 total fee less$12.50) Cky/Town share of filling fee: 7 (12 total fee p us$12.50) wpefonnIcbc-Appendix B•rev.12/15100 Page 2 of 6 Massachusetts Department of Environmental Protection ?� Bureau of Resource Protection - Wetlands (\ WPA Appendix B - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Submittal Requirements i. Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 ii. To the Conservation Commission: Send the Notice of Intent, Abbreviated Notice of Intent, or Abbreviated Notice of Resource Area Delineation; a copy of pages 1 and 2 of this form; and the cityRown fee payment. iii. To DEP Regional Office(see Appendix A): Send the Notice of Intent, Abbreviated Notice of Intent,or Abbreviated Notice of Resource Area Delineation;a copy of pages 1 and 2 of this form; and a copy of the state fee payment. D. Calculating Wetland Filing Fees The wetland filing fee should be calculated using the following steps. The examples listed for each step are based on a project that involves two driveway crossings through a Riverfront Area and Bordering Vegetated Wetland and six single family houses in Riverfront Area only. Step 1/Type of Activity: Review plans and narrative to identify each activity in wetland resource areas and Buffer Zones. Example: driveway crossing and construction of a single family house. Step 2/Number of Activities: Determine the number of each activity associated with the project. Example: driveway crossings and 6 single family homes Step 3/individual Activity Fee: List the fee amount for each category of activity(see Category Activities and Fee on page 4) Example: Driveway crossing is a Category 2(f.) activity and is$250 each. Construction of a single family house is a Category 2(a.) activity and is$250 each. Step 4/Subtotal Activity Fee: Determine the subtotal fee for each type of activity by multiplying the fee for the activity(Step 3) by the number of activities (Step 2). If the activity is within the Riverfront Area as well as another resource area or Buffer Zone, add 50%to total fee (e.g., multiply the fee by 1.5). If the activity is located in a Riverfront Area only, apply the fee amount for the category without the additional 50%. Example: 2 (driveway crossings in BVW)x$250 x 1.5 (for riverfront area)_ $750; 6 (single family homes) x$250 = $1,500. Step 5/Total Project Fee: Add all the subtotals identified in Step 4 to determine the total fee. Example: $750 +$1,500= $2,250. Step 6/Fee Payments: The state share of the fee is 50%of any filing fee in excess of$25(i.e.,the state share can be determined by dividing the total fee in half and subtracting$12.50);the remaining portion of the fee shall be made to the city or town(i.e.,the City/Town share can be determined by dividing the total fee in half and adding$12.50). Example: City/rown share: $1,137.50;state share: $1,112.50. wpafa .0oc•AppeMix 8•rev.IN15100 Page 3 N6 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ( WPA Appendix B - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Calculating Wetland Filing Fees (cont.) Category Activities and Fees Category 1 (Fee for each activity is$55): a.) work on single family lot; addition, pool, etc.; b.) site work without a house; c.) control vegetation; d.) resource improvement; e.) work on septic system separate from house; f.) monitoring well activities minus roadway; g.) new agricultural or aquaculture projects. Category 2 (Fee for each activity is$250) a) construction of single family house; b) parking lot; c) beach nourishment; d) electric generating facility activities; e) inland limited projects minus road crossings and agriculture; f) each crossing for driveway to single family house; g) each project source(storm drain) discharge; h) control vegetation in development; i) water level variations; j) any other activity not in Category 1, 3, 4, 5 or 6; k) water supply exploration. Category 3 (Fee for each activity is$525) a) site preparation (for development) beyond Notice of Intent scope; b) each building (for development) including site; c) road construction not crossing or driveway; d) hazardous cleanup; e) water supply development. Category 4 (Fee for each activity is$725): a) each crossing for development or commercial road; b) dam, sluiceway,tidegate(safety)work; c) landfills operation/closures; d) sand and gravel operations; e) railroad line construction; f) bridge; g) hazardous waste alterations to resource areas; h) dredging; i) package treatment plant and discharge; j) airport tree clearing; k) oil and/or hazardous material release response actions. Category 5 (Fee is$2 per linear foot;total fee not less than $50 or more than$1,000): a) work on docks, piers, revetments, dikes, etc. (coastal or inland). Category 6 (Fee is$1 per linear foot; but not to exceed$100 for activities associated with a single family house or$1,000 for all other activities) a.) boundary delineations for Bordering Vegetated Wetlands. wpafarm3Aac•AppeMlx B•rev.12115100 Page 4 d6 ABUTTER INFORMATION Patriot Properties Salem 07/12/2001 Abutters List 6:06:52PM Filter Used: DataProperty.ParceIID='33-0541-0' OR DataProperty.ParceIID='33-0538-0' OR DataProperty.ParceIID='33-0539-0' OR DataProperty.ParceIID= '33-0540-0' OR DataProperty.ParceIID='33-0542-0.. t^S ltd}� to 07112/200 1K,' a ,i Salem ,ti' d, ,,off . R y ,,, + �j ,;� ''# } Pa e1of1 606:S2PM + d.. a e 'bs F1 �`3 '''+5u `"�'A�UtfeC.g'Ltgt r. " ' r }� `5 it�a a5:�.re ". '' .' is sx Y .moi .k wx :Y:. +� .�,, . Parcell!) Location Owner Co-Owner Mailing Address City State Zip 33-0538-0 97 LEACH STREET MARTINEAU REALTY TRUST MARTINEAU ISABEL L TR 97 LEACH ST SALEM MA 01970 33.0539-0 99 LEACH STREET MCKAY LUCY M MCKAY WILLIAM L D P O BOX 863 MARBLEHEAD MA 01945 33-0540-0 101 LEACH STREET 101 LEACH STREET RLTY TRUST THERIAULT V B 101 LEACH STREET SALEM MA 01970 33.0541.0 105 LEACH STREET COOK MICHAEL A 105 LEACH ST SALEM MA 01970 33-0542-0 107 LEACH STREET POTHIER REALTY TRUST OF 1997 POTHIER HOWARD TR 107 LEACH STREET SALEM MA 01970 33-0543-0 111 LEACH STREET MEDROS BRUCE R MARY ANNE 109 LEACH ST SALEM MA 01970 33-0544-0 117 LEACH STREET CLAVEAU GEORGE CONSTANCE 117 LEACH ST SALEM MA 01970 33-0548-0 110 LEACH STREET MACKS REALTY TRUST MARCORELLE ROGER E TR 171 JERSEY STREET MARBLEHEAD MA 01945 33-0550-0 102 LEACH STREET JORDAN ADAM 102 LEACH ST SALEM MA 01970 33-0551-0 98 LEACH STREET BERUBE GEORGE H GRANDE COLLETTE 98 LEACH STREET SALEM MA 01970 33-0552-0 94 LEACH STREET COMEAU JAMES RUSSELL MARY ELLEN 94 LEACH STREET SALEM MA 01970 33-0553-0 7 GLOVER STREET LAUSIER ALFRED P LOUISE G 7 GLOVER ST SALEM MA, 01970 33-0554-0 9 GLOVER STREET BUCKLEY PHILIP H BUCKLEY MELANIE S 9 GLOVER ST SALEM MA 01970 End of Report Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is Michael Cook B. The applicant has filed a Notice of Intent with the Conservation Commission for the Municipality of Salem.MA seeking to alter an area subject to protection under the Wetlands Protection Act (Chapter 131, Section 40). Activities Proposed: Construct a pile-supported 300 sq. ft. pier at 105 Leach Street. The project also proposes construction of a 2-car garage where a 1-car garage exists. C. The address of the lot where the activity is proposed is: Leach Street May #33, Lot#0541, Property known as 105 Leach Street D. Copies of the Notice of Intent may be examined at : Salem Conservation Commission at 120 Washington Street between the hours of: 8:00 AM and 4:00 PM on the following days of the week: M-W also 8:OOAM to 7:OOPM on Thurs,8:00 to 12:00 on Friday. E. Copies of the Notice of Intent may be obtained for a fee from the applicant at 105 Leach Street by calling this telephone number 978-740-9188 F. Information regarding the date, time, and place of the public hearing may be obtained from: Salem Conservation Commission by calling the telephone number: 978-745-9595 between the hours of: 8:00 AM and 4:00 PM on the following days of the week: M-W also 8:OOAM to 7:OOPM on Thursday,8:00 to 12:00 on Friday. NOTE: Notice of the public hearing, including its date,time and place will be published at least five(5) days in advance in the Salem Evening News NOTE: Notice of the public hearing, including its date, time and place will be posted in the City or Town Hall not less than forty-eight(48) hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the wetlands Protection Act. To contact DEP_ call: Central Region: 508-792-7650 Northeast Region: 978-661-7600 Southeast Region: 508-946-2800 Western Region: 413-784-1100 e pks I :-4. lj PO ca— v I Fit 171 el&e.cli Gol urse 32' � c, A - 7 F its n – C 0 i II Cou,se -,o 12 Pt (4EVERB 4711 Ills) T? LJ I,phs. Very I. PKrrl Lent n 1:Sch. Thomas SA ro 4 "T±Mcl?�6- 111 11, Flit I Is s A., lit yk N16ni,44W7 7 4710 Ill AT u 0 Bm 400 So Pa*rk will 1 77"l 0, Wha-,t 0 -dv;r 1� li�L7 l N,5 vl nrrrke 3 -tit St V" 4709 rb, loops rf 1.4. 31 J-1 r C, A1qC Si a';, dimer t --4 �11K T Is Me 6i 9, to I \k, Forest Riv,,q. Q5 Ilk -rp t:PiCk,, Pla rqu L 129 I= Pt Q) 1,46 2 iL ifi Course ? RK �A HLANO )R)k 114 —.707cl vx LYNN 2.5 ML 342 557 343 JJ 344 42*3 �SWHMPSCOTT 2.3 Mr 3451 E. 70*52'30" I MILE ALE '2-!;-,000 L to c MA P 5000 6000 7000 FEET KILOMETER X I N MEAN LOW WATER VASS W E A N �IGH wL�i M%CHAC-L Cook- 1 105' LEACH ST, SALCP1 - - Mean Low Water (MLW) LICENSE NEI. Approved by Department of Environmental Protection 8' WIDE DECK � � Date NORTH S4n ' Derby Wharf } �F I N Q P� _ PILES <4X) 25' LONG 17, PRESSURE TREATED 8' DIA. AT BOTTOM 12' DIA. AT TOPSALEM SOHARBORSAEXISTING (1997)AVIT ARM x, Mean High Water (MHW) Q- Existing Seawall o-�e MARBLEHEAD & Fill Permit VQ 18'-4' 24, 25' See Note (proposed) LOCUS MAP 12'-4' (existing) 46'-9' 21' (proposed) O LOT 110541 MAP #33 a Note: aj Existing Seawall & Fill Permit ® Q M.G.L, c. 91 Licence No. 2567 ❑ Recorded April 14, 1902 e e�GQ Reg. of Deeds Bk 1669, P128. Together with Plan No. 2567 Dated January 6, 1902 porch PLAN VIEW sidewalk 11'-10' (Scaler 1"=20') 0 5 10 20 40 LEACH STREET PURPOSE: SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS ACook IN Salem Harbor Michael , oo 1. Howard & Gloria Pothier AT Salem 107 Leach Street 105 Leach Street COUNTY OF: Essex STATE: MA 2. Victor & Carole Theriault Salem, MA 01970 APPLICATION BY: M. A. Cook 101 Leach Street SHEET 1 OF 2 DATE 10 JUL 2001 LICENSE NO, Approved by Department of Environmental Protectio Date: 24'(proposed) Ir— Pmposod ®(a4°deep x21'bull®) 18'-10" (existing) PROPOSED EXISTING ROCK 300 SQ. FT. DECK 1' EX STING FIL NaSEAWALL 90 clearance 10'_9" AIMM (MHW=8.72') PALMER COVE Salem City Base Mean Low Water, _ _ — - -(MLW-0,0') PROFILE VIEW (Scale: 1'=10') 0 5 10 20 PURPOSEi SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS: IN Salem Harbor 1. Howard & Gloria Michael A. Cook Pothier MicLeach Street AT Salem 107 Leach Street COUNTY OF: Essex STATE: MA 2. Victor & Carole Therlault Salem, MA 01970 APPLICATION BY: M. A. Cook 101 Leach Street SHEET 2 OF 2 DATE: 10 JUL 2001 1 • . { ' e •. - iii illiIiiiiijallpil "Sim a Slem,EII! , EEI ionU1 II O O Ir Postage $ Ir ru ra Postage 8 fll Ir Certified Fee f1J Ir Certified Fee Return Receipt Fee Postmark Postmark (Endorsement Required) Hare -0 Return Receipt Fee Here (Endorsement Required) 0 RestrictedDelivery Fee O (Endorsement Required) 0 Fee (EndoRestrsement ReDeIrveq ted) - C3 Total Postage&Fees $ > O f 0 Total Postage 8 Fees $ mName(Please Print Clearly)(to be completed by mailer) S M Name(Please Pnnt Cleady)(to be comp)ted by mailer) CIAVEBu_---Geo_K_ Gc_l-CoNSTANCE--_ BucklE_ _-- -tI�LIP-r�_ - - . - - Y P - /--&CXLEY_MILAN I-C- _S---- O- Sbeeq Apt.No.;or PO Box No. M Street,Apt No.;or PO Box No. O - _ M _l1_�--_LcAcH SI Ir `1 ---&LOve2 ST C N.State.ZIP+4------- ------------------------- _---__--_.---_.-----_-------.--- . S A Lc M 1`'1+`� V 19 70 ry -6 01 state,ZIP+< I SALEM MA 01970 • . - - I . ' i ; .141 'Tall' ( "i�, , " rp; i a m m � m a S LillI Postage $ .-R - Postage $ _D M I FEI Certified Fee Ir Certified Fee t S Postmark Postmark Return Receipt Fee Here "a Return Receipt Fee Here (Endorsement Required) p (Endorsement Required) 0 0ResriDelivery Fee 0 Restricted Delivery Fee C:3 (Endorsement Required) 0 (Entlorsement Required) I (� 0 0Total Postage&Fees $ ( p Total Postage 8 Fees $ O � S Name(Please Print Clearly)(to be complete4by mailer) m N me(Please Print Clearly)(to be completed by mailer) M -MAS �� --M -w�-ll�AM Dem OB E[Jv2MeNtRt Pk�7cnon �- Street,Apt No.;or PO Box No. Er Street.Apt No;or Po Box No. ° -O GQ 8-6- — P O &)', 4062 --- -- O City,State,ZIP+d ------_._-_----------.__------ Ej Cit State,ZIPaO-_------ _-_-_-_-_-_----____--_-_---_---- MA ( LE HEAD MA 019 `}5 i�3osroN MA 02211 1 KEN' • � � til, I ' • to F121 I m o S rl Postage $ - Postage $ N Q- Certified Fee Cedifetl Fee Postmark Postmark E13 Return Receipt Fee Here FIEl Return Receipt Fee Here A (Endorsement Required) (Endorsement Required) 0 Restricted Delivery Fee - - 0 Restricted Delivery Fee 0 (Endorsement Required) - O (Endorsement Required) DO Total Postage&Fees $ DO Total Postage&Fees $ S m Name(Please Print Clearly)(to be completed by mailer) ITT Name(Please Print Clearly(to be completed y mailer) N1J LTINE9U-RL1Y.TRuST--j�9III-EAV-TSM1�EL--�---I 40_ lcACt1 ST RLN TOsTjMUTAULT---V'---t------- Ir Street,Apt.No-;or Po Box No. p- Street,Apt No;or PO Box No. Ir 97 LEACH ST \O� LEACai Si___------ Ir 0 City,State,ZIPid---.--_-.____-__---_-__-.--------_-_-____-----_--_----- 0 -City State,ZIP+a-- -----_ .-__------__-_----------_ F_ SALEM MA Oa`i70 t SAt_EM MA 01970 ! - . -Ilii p ru r r m � ❑- o t` Postage $ tr ,1 g ;-,I Postage $ , �- ru Candied Fee � Certified Fee - Postmark Postmark - Return Receipt Fee Here cp Return Receipt Fee M (Endorsement Required) C3 (Endorsement Required) Here 0 Restricted Delivery Fee - - M Restricted Delivery Fee O (Endorsement Required) O (Endorsement Required) G OO Total Postage&Fees $ 0 Total Postage&Fees $ j S Please Print Clead m Name( y)no be completed by mailer) m Name(Please Print Clearly)Ro be completed by mailer). S[2.RDL1N-----L1]2A. .t 1------------------------------------- - B.6IZU _Gi5u-&..N/.GWwDE__CoiffTiE Q- Sheet,Apt.No-;or PO Box No. V' Street,Apt.No.;or Po Box No. ----cu-- """-----_---- o -102 ._LEACH ST qqQQ � r� Crly,State.ZIPWM _.__ a---�l,_AC8.___St---'""---""""-"____-..-.____--- r City,State,ZIP«A SALcM M 019 -20I MOM SAL-011. MA 01970 � . FVI • � � C3 -0 O � ( i U- Er .-F! Postage $ Postage $ Flu Q' Certified Fee Certified Fee Postmark Postmark Return Peceipt Fee Here ra Fenno Receipt Fee Here O (Endorsement Required) p (Endorsement Required) Delivery Restricted p Fee Restricted Delivery Fee (Endorsement Required) . (Endorsement Required) 7 C3 Total Postage 8 Fees $ g M Total Postage 8 Fees $ ? S M Name(Please Print Clearly)(to be completel by mailer) m Name(Please Point Clearly)(to be cpmpleted b mailed Q L-AOS!EL_ ALFPEDP& vise & i csR�T� A�STJMARCNoPN . _ p _ - """""- """""" M Street,Apt. ; rs -- _-- Po orBox Na. ogEuc___goG�2_E tR j - U _ --7IsLOUf�-------- -------- a- 171 --7ERSc,( - S7 City stare,ZIP+a ------------------------------"---""""" o ""-- .....-_-...__...-.-__"""""""-"" f� ry City,State,ZIP+a �� O'4�� SALEM 01170 MARSUEHEAD t t � s a M � m j 0 � Postage $ A Postage $ j ftl T1 Er Certified Fee � li� Certified Fee � Postmark Postmark -0 Return Receipt Fee Here 'a Return Receipt Fee Here 0 (Endorsement Required) - O (Endorsement Required) O 0 Restricted Delivery Fee Restricted Delivery Fee (Endorsement Required) (Endorsement Required) - O p Total Postage 8 Fees $ j O Total Postage&Fees I $ S ZT M Name(Please Print Cleary)(to be completed by mailer) m Name(Please Print CleadF(to be coLL -MEPRoS----M.UCE-9,--/MART---AWE CQMEAU TAMES Rf Lt£N" '""""' StreetAptNoorPCBoxNaStreet,Apt No.;or PO Box No. IT Lt AC11 O pp Ln c C ( o --- 4------------- ---------(- O -._1__..1."" E'1 �_-__.J. .a..__ _________-- _----- Ciry State.ZIP+4 _ _ ___-..-...-___.__-__city,Srata,➢P+a `_ SALCM MA 5 LcM MA Ofg7o `: ON17-ED S7i971ES ©SM SERVICE ***** WELCOME TO ***** SALEM POST OFFICE SA07/13/01 03:477PM998 Store USPS Trans 168 .. Wkstn sys5007 Cashier KKFJ5Y Cashier's Name ROSEANNE a Stock Unit Id WINROSE a PO Phone Number 978-744-8600 1. PVI Label(s) 27.58 r�-i Postage $ Valuer 3.94 rid Cer'ifletl Fee postmark Quantity 7 13 Return Receipt Fee Here 2. PVI Label(s) 23.64 C3 `3 (Endorsement Required) Value: 3. 4 Quantity 6 C3 Res Fee G N 3. 6.80 Liberty Bk 6.80 O (Entlorsement Required) O Total Postage&Fees � .Subtotal 58.02 E3 Total 558.02 rnName(Please Print Clearly)(to be wmpleted by mailer) m GN1. ROWMEMIA-- PRph Lr(Ok)------ 7c Pr- F------- --- ------------ - -- Cash 0.02 tr Street,Apt No ar PO Box No. P O. (3ox_40 6 2 ------------------- ---------- - Change Due ciy`st fe,ZiP.a Cash 2.00 quos T-0 MA 022 I l 1 For information on current postage rates, visit our web site at www,usps.com. Number of Items Sold: 3 Thank You Window hours 6 AM-5 PM, Sat 8 AM- 1 PM V • t-. 53-7299/2113 1078 ` MICHAEL A. COOK 23556205 105 LEACH ST. _ SALEM, MA 01970-5568 -Anne U I Z. 2001 6Y111�Oy�WrA(-TR OE /ASSACt3U'-�-.1'f5 $ 5Z . 00 MARBLEHEAD SAVINGS BANK Marblehead,MA 01945 nrra,7� WPR Fyrwl 3 NO71 1: 2 1 1 3 7 29961: 23 55620511' 1078 53-7299/2113 = 1079 ;1 MICHAEL A. COOK 23556205 E 105 LEACH ST. �q'� "• SALEM, MA 01970-5568 2 p Y IZ. �, l 4 Of Sod eyn i $ -7 7, 00 �OvrrY1 Swart O.nc�. ,y(jC�00 lilktra�� ea�,.m�: S � / MARBLEHEAD SAVINGS BANK -1 Marblehead,MA 01945 rvr I :�W PA Form 3 N,0.L 1: 2 1 1 3 7 29961: 23 5562O5u' 1079 53-7299/2113 1077 MICHAEL A. COOK 23556205 105 LEACH ST. �.;. .. SALEM, MA 01970-5568 �, U Z 24�0 ac d 0CQI'` M0h1Wl-AL'r6 OF / %AC-Ho SeTM gj 5o,Co J / MARBLEHEAD SAVINGS BANK -1 Marblehead,MA 01945 CNAPTCP, Oki L1CIEPW- \ _- 1: 2 1 1 3 7 29961: 23 55620511' 1077 a n CITY OF SALEM CONSERVATION COMMISSION STTFVTSTT FARM PROJECT LOCATION: /0'Lea.-i '5 • DATE OF SITE VISIT PROJECT PROPONENT: ' iL cool ``DEP FILE NUMBER: �y' ✓Zg PROPOSED WORK: 9Eac Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: fi.A.V/ ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation Wotice of Intent ie ❑Certificate of Compliance El Enforcement/Violation ❑Emergency ❑ Informal 1-11 ti/4RE9SvUF�Ut�IS.RICT��VI P2 — ^;'adv �i$i.,. a$t.ilwaF` F� INLAND RESOURCE AREAS i) COASTAL RESOURCE AREAS 1. ❑Bank i� Land Subject to Coastal ❑Land Under the Ocean Storm Flowage ElBordering Vegetated Wetland l �j ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: D,Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- 3 Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Water Body ❑ Bordering Vegetated Wetland XBank ❑ Coastal Beach ❑Coastal Dune EPLIt.^I!�!iII IiliN,NN(F�Ij !i iii i i- i�I 3NTERESTS I?ROTECTED..._.w.r. w.1:.50 l:::::.e a :;..,, l,,.s,. Protection of Water Supply Protection of Groundwater Supply ,Flood Control Storm Damage Prevention Prevention of Pollution E]Protection of Fisheries Protection of Wildlife Habitat Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. :SITE VISIT•.6000MENTATION "`E, 1L" iN-'.N5&4N w - _.El _�=- ''�+�•�j '"E Photos ❑ Site Map ❑Other: 0B5 .. 'n41N12w_:..,� '�'rs 11.E='��i�"a.' --s +.4.4{i u�iV4l1 W�:i +m+tivvvvv RIM r", .�::.. PG! N ERYATI0NS.ww. .1.... . _ _.. : Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. ``� 11 f eLN 01 SPfhwatX� 1iS�tl/� ' o `f0 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 1YEI?AR�?MENT OF ENVIRONMENTAL PROTECTION qqr, xtiCONE WINTER STREET, BOSTON, MA 02108 617-2925500 s�• JANE SWIFT SALEM BOB DURAND Governor Secretary LAUREN A.LISS AUG 3 2001 Commissioner Mr. Michael A. Cook 105 Leach Street Salem, MA 01970 Re: PUBLIC NOTICE OF WATERWAYS LICENSE APPLICATIONS-No.'s W01-0245 (pier) and W01-0249 (boathouse) Salem Harbor, Salem, Essex County Dear Mr. Cook: The Waterways,Regulation Program has received your application requesting authorization to perform certain activities in state waterways located in Salem pursuant to M.G.L. Chapter 91, the Public Waterfront Act and its regulations at 310 CMR 9.0 etc. The WRP has assigned this application filing with the above-referenced Waterways License application number. It is imperative that you refer to these application numbers whenever you submit or request information for these files. Upon review of this application, the WRP has made a determination that this project is a water depeR epA r ^^ t• Attached is the WRP's Public Notice form for these applications. The Applicant is required to publish this notice, at his/her expense,in one or more newspapers having circulation in the area affected by the proposed activity. This notice must be published in the local newspaper(s) for at least one day on or before the designated Notification Date. The required public comment period shall begin on this designated Notification Date. The Applicant is required to submit proof of publication to the WRP by sending a copy of the newspaper notice showing the date of publication or a copy of the newspaper notice and a letter from the newspaper indicating the date the public notice was published. Lastly, the WRP cannot complete its review of these applications until the following information/document(s) checked below have been submitted: &6roof of publication of the Public Notice Completion of the Public Comment Period ❑ Receipt of the Municipal Zoning Certification ❑ Receipt of the Municipal Planning Board Notification Form This information is available in altemate format by calling our ADA Coordinator at(617)5746872. DEP on the World Wide Web: http:IAw magnetstate.ma.as/dep n CJ Printed on Recycled Paper Receipt of a valid Wetlands Order of Conditions EJ Receipt of a valid DEP Water Quality Certification ❑ Completion of the MEPA review process ❑ Plans ❑ Other: Should you have any questions, please contact me at(978) 661-7778. Thank you. Sincerely, ' . 1 E. Provencal nvironmental Analyst Wetlands and Waterways Program cc: Salem Mayor and City Council, City Hall, Salem, MA 01970 Salem Conservation Commission, City Hall, Salem, MA 01970 Salem Harbormaster, Winter Island, Salem, MA 01970 Salem Planning Board, City Hall, Salem, MA 01970 Office of Coastal Zone Management, 100 Cambridge St., Boston, MA 02202 Division of Marine Fisheries, 100 Cambridge St., Boston, MA 02202 Massachusetts Historical Commission Howard and Gloria Pothier, 107 Leach Street, Salem, MA 01970 Victor and Carole Theriault, 101 Leach Street, Salem, MA 01970 DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M. G. L. Chapter 91 Waterways License Application Numbers W01-0245 (pier) and W01-0249 (boathouse) NOTIFICATION DATE: AUG 2 2 2001 Public notice is hereby given of the Waterways application by Michael A. Cook to construct and maintain a pier and boathouse at 105 Leach Street in the municipality of Salem in and over the waters of Salem Harbor. The proposed project has been determined to be water-dependent. The Department will consider all written comments on this Waterways application submitted 30 days subsequent to the "Notification Date". Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (978) 661-7600. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below. Written comments must be addressed to: James A. Sprague, Section Chief, Wetlands and Waterways Program, 205A Lowell Street,Wilmington, MA 01887. - - Mean Low Water (MLW) LICENSE NO, Approved by Department of Environmental Protection 8�WIDE ODECK � � Date+ G NORTH S4,n —De rby Wharf �^ LUCUS N PILES (4X) 25' LONG �w 17 PRESSURE TREATED �r•37' 8' DIA, AT BOTTOM 12" DIA. AT TOP CWOI-pzy5] SALEMSOHARBOREXISTING (1997) SA15'-6n IT ARM Mean High Waer (MHExisting Seawall (eMARBLEHEAD & Fill Permit -0 24' 25' See Note (proposed) LOCUS MAP 12'-4" (existing) 46'-9' 21' (proposed) CtrCW -6le no.[Looi- o uti] LOT #0541 MAP #33 6 Note; ou Existing Seawall & Fill Permit ® L M,G,L, c. 91 Licence No. 2567 ❑ Recorded April 14, 1902 A e� Reg. of Deeds Bk 1669, P128. s��•,a Together with Plan No, 2567 Dated January 6, 1902 porch PLAN VIEW sidewalk li'-10' (Scales 1'=20') LEACH STREET 0 5 10 20 40 PURPOSEt SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITIT]N OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERSi IN Salem Harbor 1. Howard & Glorla Pothier Michael A. Cook AT Salem 107 Leach Street 105 Leach Street COUNTY OF: Essex STATE1 MA 2. Vlctor & Carole Therlault Salem, MA 01970 APPLICATION BY: M. A. Cook 101 Leach Street SHEET 1 OF 2 DATE: 10 JUL 2001 LICENSE N❑, Approved by Department of Environmental Protectio Date: 24'(proposed) Pmpowd gamgaCMdeep x21°wlda) 18'-10' (existing) PROPOSED EXISTING ROCK 300 SQ. FT. DECK. � 1 EX STI G FIL - NO SEAWALL 90 clearance 10'-9° (MHW=8,72') RV YM I PALMER COVE Salem City Base = Mean Low Water (1v1LW=0,0') PROFILE VIEW (Scale: 1'=10') 0 5, 10 20 PURPOSEt SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF Proposed pier & enlarge garage ADJACENT PROPERTY OWNERSt IN Salem Harbor Michael A. Cook 1. Howard & Gloria Pothier AT Salem 107 Leach Street 105 Leach Street COUNTY OF: Essex STATE: MA 2, Victor & Carole Theriautt Salem, MA 01970 APPLICATION BY: M, A, Cook 101 Leach Street SHEET 2 OF 2 DATE 10 JUL 2001 f COMMONWEALTH OF MASSACHUSETTS IL_'i--CE1\1/i_FJXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION L a,, ' -3 I"' Metropolitan Boston-Northeast Regional Office SA LBM JANE SWIFT PLAN-,1NN a :FI. - BOB DURAND Governor Secretary LAUREN A.LISS Commissioner DEP File# 064-0328 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM DATE: 7/27/2001 11:58 AM (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): Applicant: MICHAEL COOK Owner: Address: 105 LEACH STREET Address: SALEM MA,01970- LOCUS: 105 LEACH STREET IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT: ----- -- --- ---A. ( --)-This project-has-been assigned-the following file# :064-0328----- ------- -- ---- - --------- Although a file#is being issued,please note the following: ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL,NOT APPROVAL OF APPLICATION B.( )No file#will be assigned to this project until the following missing information is sent to this office, to meet the minimum submittal requirements in accordance with the Wetlands Protection Regulations at 310 CMR 10.00: 1. ( )copy(s)of a completed Notice of Intent(Form 3 or Form 4 of Sect. 10.99,whichever is applicable) and a cM of the Fee Transmittal Form,with a copy of the check for the State's share of the Notice of Intent filing fee. 2. ( )---copy(s)of plans,calculations, and other documentation necessary to completely describe the proposed work and mitigation measures to protect resource areas. 3. ( )_copy(s)of an 8.5"X 11" section of the USGS map of the area. 4. ( ) cop (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) This information is available in alternate format by calling our ADA Coordinator at(617)5746872. 205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 %0 Pnnted on 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 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 5,000sq.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 is not part of a subdivision; does not cause the loss of any Wetlands designated as d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act; 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 form 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,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways program at 617-292-5655 if you have and questions. For more information please contact: Ms. ELIZABETH SABOT NJIAN at 978- 661-7600. Cc: X Conservation Commission ( ) U.S. Army Corps of Engineers ( ) Owner: ( ) Coastal Zone Management ( ) DEP-Water Pollution Control ( ) Representative: ( ) Other: none GULF OF MAINE RESEARCH CENTER INC. r P 836 53� \ 100 556�J „ J� do Jn i 2�`6 5G2 0 �0 A/ so Sg a 4'07 coo r �s m� 553 $� °, ,�, Sg > . \l 5000 0 .. 1000 Qi S� PALMER . 500 < X280 �k sJST "', SOQO.... ' / POINT 5 558 N 55sooS c0Q °000 0 8,600 n u � k Op `r00 l�c 557tn q 5'000 5,800 a �Acwl uc.j. i 24 ,v AASH �IA/L- ASSESSORS MAP North SITE: 10 5 Leach Street, Salem, MA BASE MAP: Salem Assessors Map No. 33 SCALE: 1 inch = 100 feet ¢yam, S S X -MME 43 �. ,moi�'�y'� �x � �� y�, � �� ` * �� s• �� M`y�`u'- AZ`s T'•�.. � .s �- '' � t• aEE x `'4 Tk .+ ^+.�`k� " . `"� j�-4-�'- - x� a�"�t•c3- r ' r ' 21'9 5.` ' � `�� $mss• g � � P`cY jam`L � "�� • ,• IR cm gw� 40 gigp NINE INIM • FIGURE 2 WETLANDS . P SITE: • Leach Street, Salem, MA B .. Salem Quad. •111 GULF OF HMNE RESEARCH CENTER tom@ • • � �a�,'^ Sd 'r xT.• • r N'. x •® x eI� �t • FIGURE 3 FLOOD MAP • • 1 1 111 i • • �• • 11 GULF OF MAINE RESEARCH CENTER INC. t ONV, r 4 d ✓4 FIGURE 4 worth RARE WETLANDS WILDLIFE HABITAT SITE: 105' Leach Street, Salem, MA BASE MAP: MA Natural Heritage Atlas, Salem Quad, 1997 SCALE: 1 :60,000 COMMONWEALTH OF MASSACHUSETTS = EXECUTl-vkE 0Ic1/rte E OF ENVIRONMENTAL AFFAIRS 1 DEPARTMENT-01i''-ENVIRONMENTAL PROTECTION ONE WINTER"STRIEET,Pi I B)OSTO/N, MA 02108 617-2925500 ,. 1 51 r" JANE SWIFT 'OL''n'Pd11 NiNC�'DE- _ BOB DURAND Governor I Secretary AUGAUG (� s9 LAUREN A-LISS 3 2001 Commissioner Mr. Michael A. Cook 105 Leach Street Salem, MA 01970 Re: PUBLIC NOTICE OF WATERWAYS LICENSE APPLICATIONS-No.'s W01-0245 (pier) and W01-0249 (boathouse) Salem Harbor, Salem, Essex County Dear Mr. Cook: The Waterways Regulation Program has received your application requesting authorization to perform certain activities in state waterways located in Salem pursuant to M.G.L. Chapter 91, the Public Waterfront Act and its regulations at 310 CMR 9.0 etc. The WRP has assigned this application filing with the above-referenced Waterways License application number. It is imperative that you refer to these application numbers whenever you submit or request information for these files. Upon review of this application, the WRP has made a determination that this project is a water- a^r endep}I Tse Wit• Attached is the WRP's Public Notice form for these applications. The Applicant is required to.publish this notice, at his/her expense,in one or more newspapers having circulation in the area affected by the proposed activity. This notice must be published in the local newspaper(s) for at least one day on or before the designated Notification Date.The required public comment period shall begin on this designated Notification Date. The Applicant is required to submit proof of publication to the WRP by sending a copy of the newspaper notice showing the date of publication or a copy of the newspaper notice and a letter from the newspaper indicating the date the public notice was published. Lastly, the WRP cannot complete its review of these applications until the following ;/�Irmoof ation/document(s) checked below have been submitted: of publication of the Public Notice Completion of the Public Comment Period ❑ Receipt of the Municipal Zoning Certification ❑ Receipt of the Municipal Planning Board Notification Form This information is available in alternate format by calling our ADA Coordinator at(617)5746872. 0EP on the World Wide Web, http,/Aw .magnet.state.ma.us/dep n iJ Printed on Recycled Paper GC Receipt of a valid.Wetlands Order of Conditions 11 Receipt of a valid DEP Water Quality Certification ❑ Completion of the MEPA review process ❑ Plans ❑ Other: Should you have any questions, please contact me at.(978) 661-7778. Thank you. Sincerely, E. Provencal nvironmental Analyst Wetlands and Waterways Program cc: Salem Mayor and City Council, City Hall, Salem, MA 01970 Salem Conservation Commission, City Hall, Salem, MA 01970 Salem Harbormaster,Winter Island, Salem, MA 01970 Salem Planning Board, City Hall, Salem, MA 01970 Office of Coastal Zone Management, 100 Cambridge St., Boston, MA 02202 Division of Marine Fisheries, 100 Cambridge St., Boston, MA 02202 Massachusetts Historical Commission Howard and Gloria Pothier, 107 Leach Street, Salem, MA 01970 Victor and Carole Theriault, 101 Leach Street, Salem, MA 01970 c� DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M. G. L. Chapter 91 Waterways License Application Numbers W01-0245 (pier) and W01-0249 (boathouse) NOTIFICATION DATE: AUG 212 2001 Public notice is hereby given of the Waterways application by Michael A. Cook to construct and maintain a pier and boathouse at 105 Leach Street in the municipality of Salem in and over the waters of Salem Harbor. The proposed project has been determined to be water-dependent. The Department will consider all written comments on this Waterways application submitted 30 days subsequent to the "Notification Date". Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (978) 661-7600. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below. Written comments must be addressed to: James A. Sprague, Section Chief, Wetlands and Waterways Program,205A Lowell Street,Wihnington, MA 01887. z y . - - Mean Lon Water(M[-w) - - LICENSE N11 Approved by Department of Environmental Protection 8�WIDE ODECK � � Date 3 -1" NORTH Sh tlan Derby Wharf PCY Locus N PILES (4X) 25' LUNG 17 PRESSURE TREATED `^ 37, 8' DIA. AT BOTTOM -o ^ 12' DIA, AT TOP CIJOI-AGNS] SALEM SOUTH Fore HARBOR EXISTING (1997) SALEM r DAVIT ARM Pnrk �� K SSC o Mean High Water, (MHW) Q Existing Seawall o-oe -F MARBLEHEAD & Fill Permit �0 18'-4' 24' 25' See Note (proposed) LOCUS MAP 1 12'-4' (existing) 46'-9' 21' (proposed) un'}e)' file no.Cwol- 0;v1-1) LOT #0541 MAP #33 TH d Note: Existing Seawall & Fill Permit ® q M,G,L, c. 91 Licence No, 2567 ❑ Recorded April 14, 1902 Reg, o-F Deeds Bk 1669, P128, F� ,a Together with Plan No 2567 Dated January 6, 1902 porch 0 LNJ 11 CEO) PLAN VIEW sidewalk 11'-10" (Scale 1"=20') LEACH STREET 0REM 5 10 20 40 PURPOSEi SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OVNERSi IN Saler Harbor 1. Howard & Gloria Pothler Michael A. Cook AT Salem 107 Leach Street 105 Leach Street COUNTY OF: Essex STATE1 MA 2. Victor & Carole Theriault Salem, MA 01970 APPLICATION BY: M. A, Cook 101 Leach Street SHEET 1 OF 2 DATE: 10 JUL 2001 LICENSE N0. Approved by Department of Environmental Protectio Date 24'(propcsecl) ®(24odeep$g1'vWds) 18'-10" (existing) IF PROPOSED EXISTING ROCK 300 SQ. FT, DECK. 1' 15'-3" EX STI G FIL 6'-7- D SEAWALL '-7"DSEAWALL 190 clearance 10'-9" (MHW=8.72') PALMER COVE Saler CIty Base = Mean Low Water _ _ ___ ___ — -(MLW-0.0') PROFILE VIEW (Sca(e+ 1'=10') 0 5 10 20 PURPOSEi SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS, IN Saler) Harbor 1. Howard & Glorla Pothler MlchoeL A. Cook AT SateM 107 Leach Street 105 Leach Street COUNTY OF1 Essex STATE: MA 2, Victor & Carole Therlault Saler, MA 01970 APPLICATION BY: M. A. Cook 101 Leach Street SHEET 2 OF 2 DATE: 10 JUL 2001 n r y COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a DEPARTMENT OF ENVIRONMENTAL PROTECTION ` Metropolitan Boston - Northeast Regional Office �B ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SWIFT Lieutenant Governor - - LAUREN LISS Commissioner Michael A. Cook 105 Leach Street Salem, MA 01970 RE: Waterways License Application No. W01-0249, License No. 9106 Salem Harbor, Salem, Essex County Dear Mr. Cook: 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 statement that a formal adjudicatory hearing is being requested; 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. -7i - :77 Docket Clerk Office of Administrative Appeals -= Department of Environmental Protection r One Winter Street, 3`d Floor - j Boston, MA 02108. C :> This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington,MA 01887 •Phone (978)661-7600 •Fax (978)661-7615 •TDD#(978)661-7679 Zt7 Printed on Renyded Paper A copy of the Notice of Claim must be sent at the same time by certified mail or hand delivery to the applicant, the municipal official of the city or town where the project is located, and the issuing office of the DEP at: James A. Sprague, Section Chief Wetlands and Waterways Program Department of Environmental Protection 205A Lowell Street Wilmington, MA 01887 A) Contents of Hearing Request Under 310 CMR 1.01(6)(b),the Notice of Claim must state clearly and concisely the facts that are the grounds for the request and the relief sought. Additionally,the request must state why the decision is not consistent with applicable laws and regulations. Pursuant to 310 CMR 9.17(3), any Notice of Claim for an adjudicatory hearing must include the following information: (a) the DEP Waterways Application File Number; (b) the complete name,address, fax number and telephone number of the applicant; (c) the address of the project; (d) the complete name, address, fax number, and telephone number of the party filing the request and, if represented by counsel, the name, address, fax number, and phone number of the attorney; (e) if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the definition of"person aggrieved" found in 310 CMR 9.02; a clear statement that a formal adjudicatory hearing requested; (f) a clear statement of the facts which are the grounds for the proceedings,the specific objections to the DEP's written decision, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written decision; and (g) a statement that a copy of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. B) Filing Fee and Address A copy of the Notice of Claim along with a DEP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollars($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, Massachusetts 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or is granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Furthermore,this license must be recorded at the referenced County Registry of Deeds with 60 days from the date of license issuance or your license will be revoked. The Registry for your project is: Essex County - Southern District 36 Federal Street Salem,MA 01970 (978) 741-0200 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. Si erely, ames A. Sprague G Section Chief Wetlands and Waterways Program cc: DEP/Waterways Regulation Program, Boston Salem Conservation Commission, City Hall, Salem,MA 01970 Salem Harbormaster, Winter Island, Salem, MA 01970 James A. Sprague, Section Chief Division of Wetlands and Waterways Department of Environmental Protection 205a Lowell Street Wilmington, MA 01887 i RE: Waterways Application No. WO 1-0249/License No. 9106 Dear Mr. Sprague: This is to notify you that the referenced license was recorded on book number page number(s) Sincerely, LICENSE VOID IF NOT RECORDED WITHIN 60 DAYS OF ISSUANCE �ll�e (Iommonw a th of Ansattcltxta is No. 9106 Imbereas, Michael A. Cook 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 boathouse-------------------------------------------------------------------------------------------- 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 authorizes and licenses the said Michael A. Cook --, 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 boathouse --------------------------------------------------------------------------------- in and over the waters of— Salem Harbor-- in the -- City-- of-- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 9106 (2 Sheets). PRINTED ON RECYCLED PAGER License No. 9106 Page 2 The structures hereby authorized shall be limited to the following use(s): to provide non- commercial boat storage. This license shall expire 10 (ten) years from the date of license issuance. By written request of the Licensee for an amendment, the Department may grant a renewal for a term of years not to exceed that authorized by the original license. All work authorized herein shall be completed within five (5) years of the date of license issuance. Said construction period may be extended by the Department for one or more one year periods without public notice,provided that the Applicant submits to the Department,thirty(3 0) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. The existing seawall and fill were previously authorized pursuant to license no. 2567, issued April 14, 1902 and shall be maintained in accordance with said license conditions. The existing garage is authorized pursuant to 310 CMR 9.05(3)(b). Please see page 3 for additional conditions to this license. =------------------------------------- ------------------------------------------------------------------------------------------------------------ Duplicate of said plan, number 9106 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. 9106 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 of any substantial structural alteration of any structure of 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 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure of 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 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 structure(s)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 consent of the 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 structure(s)and/or fill authorized herein 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 the 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. Commonwealth Tidelands. This Licensee shall not restrict the public's right to use and to pass freely,for any 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 rights 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. 9106 Page 4 The afnaunt oftidewater displaeed by the work hereby autherized has been ase------J '-- --aid Department, and compensation thereof has been ma 0 — by paying into the treasury of the Co o ars and zero cents ($0.00) -- for each cubic yard so yds. _ $A.80)_ 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 ----------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this NINTHEENTH day of NOVEMBER in the year two thousand and one. Department of Section Chief Environmental r Protection THE COMMONWEALTH OF MASSACHUSETTS +Ms lieense is approved in eons'ideration of the payment into the treasury of the Gonit anwealth bythe said— ---------------------------------------------------------- ------- the further sum of-- zero dollars and zero cents ($0.00) ---- the amount determined by the Governor as a just and e e charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved e Acting Governor. - - Mean Low Water(M�w) -- LICENSE NN, C110 ( Approved by Departnent of Environmental Protection 8�WIDE ODECK � 3 -1' Date; �MOV200 T -� ^'V NORTH Sh tlan Derby Wharf �-. .r PCY N A PILES (4X) 25' LONG `F �w 17, PRESSURE TREATED LLbIDa�S) 8' DIA. AT BOTTOM clic �W�n� SALEM 37 12' DIA. AT TOP HARBOR SOUTH Fore M� EXISTING (1997) SALEM r DAVIT ARM P°r 15 -6 p Mean High Water CMHW) 'q- 1 SSC o Existing Seawall o-�e MARBLEHEAD & Fill Permit all 24 See Note LOCUS MAP 25' (V"-0244 (proposed) UG#910b 12'-4' (existing) 46'-9' 21' (proposed) 9QG� O LOT 110541 MAP #33 6 Note; au Existing Seawall & Fill Permit ® E M.G.L, c. 91 Licence No. 2567 ❑ Recorded April 14, 1902 e. �Q Reg. of Deeds Bk 1669, P128. F�`a Together with Plan No, 2567 Dated January 6, 1902 porch PLAN VIEW sidewalk 11'-10' (Scales 1'=20') 0 5 10 20 40 LEACH STREET 0M 999&9E2ZZZZZZ2ZZ3 PURPOSE, SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF; Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS, IN Salem Harbor 1. Howard & Gloria Pothler Michael A. Cook AT Salem 107 Leach Street 105 Leach Street COUNTY OF: Essex STATE; MA 2. Victor & Carole Theriault Salem, MA 01970 APPLICATION BY: M. A, Cook 101 Leach Street SHEET 1 OF 2 DATE: 10 JUL 2001 i LICENSE NN, g11D(,2 Approved by Department of Environmental Protectio Date: IaIllt 9 .03 24'(proposed) Pmpowd e(Wdeepx21 vAde) 18'-10' (existing) PROPOSED EXISTING ROCK 300 SQ. FT. DECK 1' n�1 —41 EXISTI G FILL 6'-7' NO SEAWALL 90 clearance 10'-91 (MHW=8,72') PALMER COVE Salem City Base = Mean Low Water _ _ __ __ __ _ —(MLW-0,0') PROFILE VIEW .(Scale: 1'=10') 0 5 10 20 PURPOSE, SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERS Michael A. Cook IN Salem Harbor 1: Howard & Gloria Pothler 105 Leah Street AT Salem Leach 107 Leach Street Salem, c 01970 .COUNTY OF: Essex STATE: MA 2. Victor & Carole Therlault APPLICATION BY: M. A, Cook 101 Leach Street SHEET 2 OF 2 DATE: 10 JUL 2001 ! i COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SWIFT . Lieutenant Governor LAUREN LISS 1/p1� Commissioner Michael A. Cook '® ^ rW'1 105 Leach Street Salem, MA 01970 RE: Waterways License Application No. W01-0245,License No. 9107 Salem Harbor, Salem, Essex County Dear Mr. Cook: 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 parry filing the request; if represented by counsel,the name, address and telephone number of the attorney; a clear statement that a formal adjudicatory hearing is being requested; 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. Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter Street, 3rd Floor Boston, MA 02108. 1d�C7 Jf�!NR;��id U 1, S( This information is available in alternate format by Q11ing you j ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington,MA 01887•Phone (978)661-7600•Fax (978)661-7615 •TDD#(978)661-7679 Printed on Recycled Paper A copy of the Notice of Claim must be sent at the same time by certified mail or hand delivery to the applicant,the municipal official of the city or town where the project is located, and the issuing office of the DEP at: James A. Sprague, Section Chief Wetlands and Waterways Program Department of Environmental Protection 205A Lowell Street Wilmington, MA 01887 A) Contents of Hearing Request Under 310 CMR 1.01(6)(b),the Notice of Claim must state clearly and concisely the facts that are the grounds for the request and the relief sought. Additionally,the request must state why the decision is not consistent with applicable laws and regulations. Pursuant to 310 CMR 9.17(3), any Notice of Claim for an adjudicatory hearing must include the following information: (a) the DEP Waterways Application File Number; (b) the complete name, address, fax number and telephone number of the applicant; (c) the address of the project; (d) the complete name, address, fax number,and telephone number of the party filing the request and, if represented by counsel,the name, address, fax number, and phone number of the attorney; (e) if claiming to be a person aggrieved,the specific facts that demonstrate that the party satisfies the definition of"person aggrieved"found in 310 CMR 9.02; a clear statement that a formal adjudicatory hearing requested; (f) a clear statement of the facts which are the grounds for the proceedings, the specific objections to the DEP's written decision, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written decision; and (g) a statement that a copy of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. B) Filing Fee and Address A copy of the Notice of Claim along with a DEP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100)must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, Massachusetts 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or is granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department ipay waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Furthermore,this license must be recorded at the referenced County Registry of Deeds with 60 days from the date of license issuance or your license will be revoked. The Registry for your project is: Essex County - Southern District 36 Federal Street Salem, MA 01970 (978) 741-0200 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. Si cerely, aures A. Spragu Section Chief Wetlands and Waterways Program cc: DEP/Waterways Regulation Program, Boston Salem Conservation Commission, City Hall, Salem, MA 01970 Salem Harbormaster, Winter Island, Salem, MA 01970 James A. Sprague, Section Chief Division of Wetlands and Waterways Department of Environmental Protection 205a Lowell Street Wilmington, MA 01887 RE: Waterways Application No. WO1-0245/License No. 9107 Dear Mr. Sprague; This is to notify you that the referenced license was recorded on book number page number(s) Sincerely, LICENSE VOID. IF NOT RECORDED WITHIN 60 DAYS OF ISSUANCE cele Uuuuonweli th of Aassarbusetto No. 9107 Z[ErEF[6, Michael A. Cook 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 pile-supported pier-----=------------------------------------------------------------------------------ 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 authorizes and licenses the said Michael A. Cook--, 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 pile-supported pier----------------------------------------------------------------------- in and over the waters of— Salem Harbor--in the -- City--of-- Salem-- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 9107 (2 Sheets). PRINTED ON RECYCLED PAPER License No. 9107 Page 2 The structures hereby authorized shall be limited to the following use(s): to provide non- commercial docking and boating access to navigable waters. This license shall expire 10 (ten) years from the date of license issuance. By written request of .the Licensee for an amendment, the Department may grant a renewal for a term of years not to exceed that authorized by the original license. All work authorized herein shall be completed within five (5)years of the date of license issuance. Said construction period may be extended by the Department for one or more one year periods without public notice,provided that the Applicant submits to the Department, thirty(30) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. The existing seawall and fill were previously authorized pursuant to license no. 2567, issued April 14, 1902 and shall be maintained in accordance with said license conditions. The existing garage is authorized pursuant to 310 CMR 9.05(3)(b). Please see page 3 for additional conditions to this license. -------------------------------------- ----------------------------------------------------------------------------------------------------------- Duplicate of said plan, number 9107 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. 9107 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 of any substantial structural alteration of any structure of 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 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure of 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 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 structure(s)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 consent of the 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 structure(s)and/or fill authorized herein 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 the 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. _ Commonwealth Tidelands. This Licensee shall not restrict the public's right to use and to pass freely,for any 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 rights 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 shallbe 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. 9107 Page 4 The amount of tidewater displaced by the werk hereby--- wFized has been aseertained by said Department, and compensation thereof has been made — by paying into the treasury of the Commo oars and zero cents ($0.00) -- for each cubic yard so dispia byass€sled braid Peparttnent� 09 su ds. — $0.9gj— 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 ----------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this NINTH day of NOVEMBER in the year two thousand and one. Department of Section Chief Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS bythe said- ----------------------------------------------------------- the further sum of-- zero dollars and zero cents ($0.00) ---- the amount determined by the Governor as a just and equi charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved b cting Governor. - - Mean Low Water(M�w) -- LICENSE N11, DO- Approved by Department of Environmental. Protection S' WIDE DECK 3'-1' Datel NOV 2001 _ NORTH S)TH n Derby Wharf PCY 1T PILES <4X) 25' LONG PRESSURE TREATED8' DIA. AT BOTTOM12' DIA. AT TOP CWOI-W14G] SALEMSOUFore HARBOREXISTING (1997) SALDAVIT ARM Par Mean High Water (MHW) �� C o Existing Seawall o-oe MARBLEHEAD & Fill Permit 25' See Note U� 18 i 4 24 LOCUS MAP (proposed) 12'-4' (existing) 21' (proposed) 46'-9' u +er file no.[woi-o34q� LOT #0541 MAP #33 d Note: Existing Seawall & Fill Permit. 13 A K&L. c, 91 Licence No. 2567 ❑ Recorded April 14, 1902 Reg. of Deeds_Bk_ 1669, _ P128, Together with Plan No, 2567 Dated January 6, 1902 porch PLAN VIEW sidewalk 11'-10' (Scale: 1'=20') LEACH STREET 0 5 io 20 40 PURPOSE: SIMPLIFIED LICENSING PLAN ACCOMPANYING Existing seawall, fill, garage & davit DATUM PETITION OF: Proposed pier & enlarge garage ADJACENT PROPERTY OWNERSi Michael IN Salem Harbor hael A, Cook 1, Howard & Gloria Pothler Mic Leah Street AT Salem 107 Leach -Street Salem,Leach COUNTY OF: Essex STATE: MA 2. Victor & Carole Therlault 01970 APPLICATION BY: M, A. Cook 101 Leach Street _ SHEET 1 OF 2 DATE: 10 JUL 2001