Loading...
64-136 - 13 LOCUST STREET - CONSERVATION COMMISSION kACUA� — 3a c�� '1` aty - - - 07f '94 • Form 5 _ DEQE File No. 64-3.36 (To be omvi0ed by PIECE) �—\ carton+ s a 3 Pn a? Commonwealth of Massachusetts APP6cwd Frank H. Harris Order of Conditions Massachusetts Wetlands Protection Act G.L c. 131, §40 Fro Salem Conservation Commission To Frank H Harris Same (Name of APPIk:arM (Name of p operty owner) Address 13 Locust St Salem ja. - 01970 Address S.— This ^ aThis order is issued and delivered as follows: ❑ 'I applicant or representative on (date) by hand delivery to app� . El by certified mail,return receipt requested on (date). This project is located 13 Locust St. . Salem Mass. 01970. The property is recorded at the Registry of Es s es Book 7240 Page 560-562 t Certificate (if registered) The Notice of Intent for this project was filed on 6/9/86 (date), The public hearing was closed on 6/24/86 (date) Findings has reviewed the above-referenced Notice of The Intent and plans and has held a public hearing on the project. Based on the information available to the Commi=ssionat this time, the Coro G has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulaticns for each Area Subject to Protection Under the • Act(check as appropriate): ❑ Public water supply Storm damage prevention ❑ Private water supply ❑ Prevention of pollution ❑ Ground water supply ❑ Land containing shellfish ❑ Hood control ❑ Fisheries 5.1 95 Therefore,the Salem Conservation Commission hereby finds that the following conditions are • necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above.The Salem Conservat ion Co m,._ Gin_orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the foi. lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. • Q, m General Conditions ry:. 1. Failure to comply with an conditions stated herein,and with all related statutes and other regulatory meas. ures,shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges;it does not authorize arty injury to private property or invasion of private rights. 3. This Order does not relieve the permittee gr any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shalt be completed within three years from the date of this Order unless either of the following apply: (a) the work 1s a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more thin three years, but less than five years,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each • upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any ill used in connection with this project shall be clean fill, containing no trash, refuse,rubbish or de bris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,pipe, tires,ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No.wcrk shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words,"Massachusetts Department of Environmental Quality Engineering, F le Number 64-136 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all.agency proceedings • and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12.The work shall conform to the following plans and special conditions: . 96 • Plans: Title Dated Signed and Stamped by: On File with: "Site Plan--Harris Residence" 11-1-83 Conservation Commission Special Conditions(Use additlonal paper ff necessary) 1. Work shall conform to clans referenced above. r t .............._..._.................................................... • (leave space Blank) - • I 5.3A l 9 ' Salem ConservationCcmmission • Issued By Sig nature 1 q� This rder must be signed by a majority of a Conservation Commission. D On. ' " of 19 C1 before me p��y aP� ,tome known to be the person fly ed in and who executed the foregoing instrument and acknowledged that he/she executed the'sam7 as his/her free ad and dee � . 11 (�xo Notary Fvbric f 4 My commission expires The applicant, teowner,artyftieciyoon t aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done ra Arty ten residents of tie city or town in which such land is bested are hereby notified of their right to request the pepar'ment of Errrmcv ntal Quality Engineering to issue a Superseding order,providing the request is made by certified coal or tand derrvery to Cis Du;, -trnerrt within ten days from the data of ismance of thu Order.A copy of the request shall at the sane time be sent by certified . mad or trend dewery to the Conservation commission and the applicant . r . n prior to commencement of wort Detach on dotted line and submit to the Salem Conservation Commissio Issuing"Authority To Please be advised that the order of Conditions for the proiect e and Fie Number has been recorded at the Registry of 9_ has been noted In the chain of Ctfe of the affected Property'in accordance with General Condition 8 on — t It recorded land, the instrument number which identifies this transaction is It registered land,the document number which identifies this transaction is APPlidar+l signature 5-4A ^H p COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 DEVAL L.PATRICK RECEIVED IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY JUL O 2 ARLEEN O'DONNELL Lieutenant Governor ZOO! Commissioner DEPT.OF PLANNING& Edward Pliner&Pamela Burns COMMUNITY DEVELOPMENT ;JUN 2 7 20Q7 13 Locust Street Saleria, MA 01930 RE: Waterways License Renewal - License No. 6392 North River, Salem, Essex County Dear Licensee: 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. The original request and copy of the check shall be sent to: Case Administrator Department of Environmental Protection One Winter Street, 2nd Floor Boston, MA 02108. 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: This information is available in alternate format Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. MassDEP on the World Wide Web: http://w .mass.gov/dep Zy1 Printed on Recycled Paper . Ben Lynch, Program Chief Waterways Regulation Program Department of Environmental Protection 1 Winter Street, 5`h H. Boston, MA 02108 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 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. Sincerely, Ben Lynch Program Chief Waterways Regulation Program cc: Salem Conservation Commission, w/enc file copies J Pce eeinnwnweatith af ✓Vtalicachmeth No. 6392' o Wfiie4eaj ; Edward Pliner and Pamela Burns of -- Salem --, in the County of -- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection to renew License No. 6392 to -- maintain an existing- pier, stairs, ramp and bottom-anchored floats ----- and ---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 -- Edward Pliner and Pamela Burns --, 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 -- maintain an existing pier, stairs, ramp and bottom-anchored floats ----- 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. 6392, (2 sheets). License No. 6392 Page 2 The structures hereby authorized shall be limited to the following uses: to provide noncommercial docking and boating access to navigable waters. SPECIAL CONDITIONS This license will expire fifteen (15) years from the date of issuance. In accordance with any license condition, easement, or other public right of lateral passage that exists in the area of the subject property lying below the high water mark, the Licensee shall allow the public in the exercise of such rights to pass freely over the structures within such area. The project authorized herein has been completed in conformance with the accompanying License Plan. The issuance of this License, therefore, fulfills the Licensee's obligation to obtain a Certificate of Compliance pursuant to 310 CMR 9.19. Please see page 3 for additional conditions to this license. ---------------------------------------- ------------------------------------------------------------------------------------------------------------------------------- Duplicate of said plan, number 6392 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. 6392 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform to all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee,except with the written 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 structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP. 9. This License authorizes structure(s)and/or fill on: X Private Tidelands. In accordance with the public easement that exists by law on private tidelands,the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks,for the purposes of fishing,fowling, navigation,and the natural derivatives thereof. _Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. _Navigable River or Stream. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose,in the waterway. . 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. I License No. 6392 Page 4 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said - Edward Pliner and Pamela Burns -- by paying into the treasury of the Commonwealth -- zero dollars and zero cents ($0.00)-- for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.0 cu. yds. _ $0.00) Nothing in this License shall.be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Southern District Registry of Deeds for the County of -- Essex ------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this twenty-seventh day of June in the year two thousand and seven Department of Environmental Program Chief Protection THE COMMONWEALTH OF MASSACHUSETTS the said ---- the further sum of- the amount determined by the Governor as and equitable charge for rights and privileges hereby granted in the land of the Co wealth. BOSTON, —Gav�gec- LICENSE PLAN O: (x392 I ipproved by Department of Environmental Protection ante: ,JUN 2 7 7nn7 azar • , •. YFiuJ�iA.': . Locus Mf}P _ 24. ------- ZONES ONE . . .�z - PunroSE: INTERIM APPROVALro( l ('L View r l2—lr at rn r .r 0 0—t DATUM _ 0.m�Ea �{re 'ufI % 1 •�� ADJACENT PROPERTY OWNERS: 'WV..N �'1 � { IN Ob t"e L i1�07T61� ^' LTT, �'J L-0p GUS/{— S1;• A70.. COUNTY of�j•SSeJC STATE (•(LVA 4CY� S S��E�� L j 1 /� _D, ' • APPLICATION mr e-cl .lX1. & PIllK U SHEET OF DATE q Kot, a Ir I � I D 5 t LL I I - _ My --'— r— a- _ h7 r �0 4 T f u �aFs- -., P i s� ' '- ---1 I r ADO - - I - - I—;-- - - I -�— + . - do � O I t � I LICENSE PLAN NO. (o392- APPmved,,6pp De a tment of Environmental Protection n te• 4 �.. runrosE: INTERIM APPROVAL` ' PLAN VIE PlF(` � {' LC.1�1O -}-�( }-rQ {r• AD AOENT PROPERTY OWNE1R.S: � (j�(,I NZJ�--Z PAr�EtA IN do�r� IZi✓cr r�Q�Yn"t WJeCLWI Jr rltJRiv('S7''' AT -40AC • ,�py . '- ell tt.0 GuH-S I 13 G DGUSr i • cOUNTY UP 156SCX STATE MA J CartFotlLui is SR�EIVI t. /Y1A 01910 ,. :: "APPLICATION.ET 5p OPIP—D S 3 Q 0 - 3MEET OF DATE Enter your transmittal number ♦ �ni_�_2`f'I 1�p' Transmittal Number j Your unique Transmittal Number can be accessed online:http://mass.dov/deolservice/online/trasmfrm shtml or call MassDEP's InfoLine at 617-338-2255 or 800.462-0444(from 608,781,and 976 area codes). Massachusetts Department of Environmental Protection Transmittal Form for Permit Application and Payment 1. Please type or A. Permit Information - print.A separate Transmittal Form sRP W W t2 122n�LL��A.., ©t Slrn O�LtP a -{.Cf_f�S2. must be completed 1.Pe^ft Code:7 or 8 character code from permit instructions 2.Name of Permit Category or each permit a (Ity k_"p roy&I , application. 3.Type of Project 6rActivity - 2. Make your check payable to B. Applicant Information -Firm or Individual the Comnromveallh pp of Massachusetts and mail it with a 1.Name of Firm-Or,if party needing this approval is an Ing enter nameb�ow: copy of this form to: Q�11f1et' IAAat`d ( 'FQ11t2-1fw �lAl�n DEP,P.O.Box 4062,Boston,MA 2.Last Name of Individual �}, 3.First Name of Individual � 4. I 02211. l3 I �_uS1- - , 5.Street Address ,A (y 3. Three copies of Salf-M LYI r' I�f D q78-7�1-U'!1'(S this form will be 6.Cilyffown 7.State 8.Zip Code 9.Telephone# 10.Furl.# needed t'3m lawns hap hyo h Ap h a n . Copy 1-the 11.Contact Person 12.e-mail tltl -l r�Y� original must (o aq accompany your permit application. C. Facility, Site or Individual Re iYrMinP..g Approval Copy 2 must accompanyyour Pliriff- 4- fee 1 payment. 1.Name of Fardfity,Site Or individu I Copy 3 should be (?j L�L_l)ST retained for your 2.Street A d� - �f a r� records a. em Mpr ©[q1D• �f7d -7ql -qL/45 4. Both fee-paying 3.Cilyffown .4.State 5.Zip Code _ 6.Telephone# 7.Ext.# and exempt applicants must 8.DEP Facility Number('d Known) 9.Federal I.D.Number('d Known) 10.BWSC Tracking#(if Known) mail a copy of this - transmittalformto. D. Application Prepared by(if different from Section Br MassDEP P.O.Box 4062 Boston MA 1.Name of Firm Or Individual 02211 2.Address . NOW. For BWSC Permits, 3.Cdyffown 4.State 5.Zip Code 6.Telephone# 7.Ext.# enter the LSP. 8.Contact Person 9.LSP Number(BWSC Permits only) E. Permit- Project Coordination 1. Is this project subject to MEPA review? ❑yes D<no If yes,enter the project's EOEA file number-assigned when an Environmental Notification Form is submitted to the MEPA unit EDEA File Number VE D F. Amount Due DEP use Only g MAR-3 0 2007 Special Provisions: 1. Fee Exempt(city,town or municipal housing au6wdty)(state agency'dfee is$100 or less). Permitrvo: There are no fee exemptions for 6wSCpermits,regardless ofappicantstatus- DEPT.OF PLANNING& 2. ElHardship Request-payment extensions according to 310 CMR 4.04(3)(c). COMMUNITY DEVELOPMENT Recd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10). . 4. ❑Homeowner(according to 310 CMR 4.02). $ t Reviewer N13 3-c�7-Q Check Nufnber Dollar Amount Date tr-formw.dm•rev. 1107 Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways program ra 1 ?,q qq BRP WWI 2 Transmittal Number Renewal of Simplified License A. Simplified License Being Renewed u Important:When (a 302 y- 7 - /997 . filling out fortes Simplified License Number Date Issued on the computer, use key to move your the tab 1. Has the structure changed from that previously authorized? go No El Yes: If yes,see note below cursor-do not use the return 2. Has the use/activity changed from that previously authorized? No ❑ Yes: If yes,see note below key. X11 NOTE:An existing Simplified License can only be renewed if the structure and use/activity has Y remained the same from that which was authorized. If you answered YES to Question#1 or#2, an application for a new simplified license is required. B. Applicant Information 'f Ec1L0dAd.- Pltner + Pamela. aurmti Print Applicant Name , 1-6 Lne.L)st 3t' . Sal�►� 0070 Streetddress Cityrrown State Zip Code T7d '- 741 - 4yL4s cv aol . row, Phone Number Email Print Authorized Agent Name(d any) Mailing Address City?own State Zip Code Phone Number Email C. Existing Project/Use Information 1. Property Owner Name(if different from applicant) 13 L-Dcu-r S;t. Sa (em MA Project Site Street Address Project Site Clty/rown County City/rown $k 1405K ?4 t310 Registered Land? ❑ Yes ❑ No Tax Assessors Map and Parcel Number /dor th R Iye� Name of waterbody where the project site is located 2. Abutter information List the name&complete mailing address of each abutter(attach additional sheets if necessary). An abutter is defined as the owner of land that shared a common boundary along the water's edge with the project site, as well as the owner of land that lies within 50'across a waterbody from the project. 16y,Ian -1i8eon ,, 1� �domVttwGrde_ Salem t(1 N0197D Name I tMa11UAt(&r1'1TJt1 TT.S 'Address . Rar>{fid. 9.lem ,MP 01970 Name Address wwl2app.doc•09/06 Renewal of Simplified License•Page 1 of 1 • Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways program \ ^' 2 0 9 b BRP WWI 2 TVran'smittal Number Renewal of Simplified License D. Project Plans I have enclosed the sketch plan referenced in the simplified License for which a renewal is requested. 0 Yes ❑ No I have enclosed a sketch plan drawn in accordance with the Checklist for Simplified License Plan. to Yes ❑ No E. Certification All applicants, property owners and authorized agents must sign this page. The authorized agent alone may sign all future application correspondence. 01 hereby make application for a renewal of the simplified license previously issued by the Department. The structures and use/activities have not been modified from that which was previously authorized. Upon my signature, I agree to allow the duly authorized presentation of the Massachusetts Department of Environmental Protection to enter upon the premises of the project site at reasonable times for the purpose of inspection." "I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge." "I hereby certify that I have sent the required fee to MassDEP and a copy of this application to the following officials for the municipality in which the project site is located" Please check: 0 Planning Board IX Local conservation nervation Commission❑Board of Selectman X Mayor and City Council I EL 3 -017-07 Applicants Signature Date Property Owner's Signature(if different from Applicant) Date Authora.ad Agents Signature(if applicable) Date F. Public Notice Dear Mayor/Board of Selectman,Planning Board,and Conservation Commission: Public notice is hereby given of the request to renew this Simplified License,under the provisions of the Public Waterfront Act M.G.L.Chapter 91 and its regulations at 310 CMR 9.10. The plan is attached for further information. The Department of Environmental Protection Waterways Regulation Program,will consider all written comments on this simplified license renewal request received by MassDEP within 30 days of the date this request was filed (the public comment deadline). 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). Written comments must be addressed to:Ben Lynch, Program Chief,DEP Waterways Regulation Program,One Winter Street-6th Floor,Boston,MA 02108.Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at(617)348-4084. wwl2app.doc•09/06 Renewal of Simplified License•Page 2 of 2 13 � Cs�s ST- - t� No. 6392 INTERIM l APPROVAL ONLY �1jEtEMS, Edward Pliner and Pamela Burns of -- Salem, - - in the County of -- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for Interim Approval to ----- maintain an existing pier, stairs, ramp and bottom- anchored floats ------------------------------------------------------- and has submitted plans of the same; and whereas due notice of said application has been given to the -- Mayor and City Council -- of the Cityof -- Salem. ------------------------------------------------------- NOW, said Department, having fully considered said application, hereby, authorizes the said -- Edward Pliner and Pamela Burns, -- subject to the provisions of 310 CMR 9 .10, to -- maintain an existing pier, stairs, ramp and bottom-anchored floats ---------------------------------------------- in and over the waters of -- Salem Harbor -- in the City of -- Salem -- and in accordance with the locations shown and details indicated on DEP Interim Approval Plan No. 6392 (2 Sheets) , original of which is on file in the office of said Department . The structures hereby authorized shall be limited to the following use (s) : noncommercial docking and boating access to navigable waters. This Interim Approval is valid for 30 years from the date of issuance. If the affected property is transferred to a new owner, for valuable consideration, this approval shall expire one year from the date of transfer. --------------------------------------------------------------- This Interim Approval shall be void unless the same is recorded within 60 days from the date hereof, in the Registry of Deeds for the County of -- Essex. ----------------------------------------------------- INTERIM APPROVAL ONLY PRINTED ON RECYCLED PAPER - C158 P 6 13 CA Interim Approval No. 6392 Page 2 In accordance with any license conditions, easement, or other public right of lateral passage that exists in the area of the subject property lying between the high and low water marks, the Licensee shall allow the public in the exercise of such rights to pass freely over all structures within such intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, a ublic access sign on the ramp. The signs shall include any statement and or logo specified by the Department and shall otherwise conform to the ('Signage Specifications of the Waterways Regulation Program" , as may be amended hereafter. A :Licensee's copy of such written specifications if provided with this license, and an additional copy shall be kept in the Department' s permanent license file. (No. 6392) . Nothing in this condition shall be 'construed as preventing the Licensee from excluding the public from portions of said property not intended for lateral passage . The project authorized herein has been completed in conformance with the accompanying Plans. The issuance of this license, therefore, fulfills the Licensee' s obligation to obtain a Certificate of Compliance pursuant to 310 CMR 9 . 19 . ------------------------------------------------------ ---------------------------------------------------------------------- Please see page 3 for additional conditions to this license . Interim Approval No. 6392 Page 3 STANDARD INTERIM APPROVAL CONDITIONS 1. Nothing in this Interim Approval shall be so construed as to impair the legal rights OL any person. 2. Any change in use or any structural alteration of any structure or fill authorized herein shall require the issuance of a Waterways License. Any unauthorized change in use or unauthorized structural alteration of any structure or fill authorized herein shall render this Interim Approval void. 3. This Interim Approval authorizes structure(s) and/or fill on: X Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks, for the purposes of fishing, fowl , navigation, and the natural det' vatives thereof. _ Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low-.water mark. _ Said -lands..-.are. held in -trust by the Commonwealth for the benefit of the public. _ a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this Interim Approval. 4. Unless otherwise expressly provided by this Interim Approval, 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. ------------------------------------------------------------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this 7th day of April in the year nineteen hundred and 97 Department of Section Chief _ Environmental Protection n this day of 19before me personally appeared a act( to e known to be the person described in and who xecuted this In rim Approval and acknowledged that he/she executed the e as his/her fr e act a d deed. J // c�.,) Notary Public My commission expires on INTERIM APPROVAL ONLY -6-K 14058 FIG139 INTERIM APOROVAL t�3�J� gar n e R3 . ,"a $.3 2 AWaW'kftmtW d 8mikIiIIIIIIIII10i P10111" APR 7 1997 G• -r- flat O�V S L mprp .'� -20NEB •♦ W NEB P y. PURPOSE: INTERIM APPROVAL I?(0• 111L View _ Pter� C&O p. 00-t DATUM ADJACENT PROPERTY OWNERS: WWI' (1 1I IN I OC TEL „Itfer err--S- BetleAjk. ,� p,�}rns AT SA lei?) L 'fir(IQ-k8 Lu.'N"S �'�`y' 13 �(�S� S 1,• COUNTY OF FjSSEX STATE s `J �`�A TT' Salem �mA D 19 ?o. APPLICATION sYOCIU) a p1)W V SHEET OF PATE q 1S 9l0 SK 14058 G 138 - - - - D 5 -�I - I I_ i I— T e. idnuc�N ,�q'NSnS iakw#X019fi u>i - I -; L 1 I - ;-r - BY 4 _h si _ Pill -+ 4LL �_. I 1- i--- -L if --- -44- Er - INTERIM APPR®VA 1n39t.L - APR 7 1997 PURPOSE: INTERIM APPROVAL PLAN VIEhI PICC amp +f lod-i-rff 4r ' DATUM EDWARD PLINSa-Z -PAMELA � /JoY`'('l1 R-11/tr ADJACENT PROPERTY OWNERS: IN I EQrn"t &A e0.u.) Jr. �Y BURNS AT -40,10'►) n .-r mof-hS L H-s t 13 L V GUsr sr ('�1 lf' CADNTY 65sCX STATE M/� a CAM,�� SALEm , rn A D 1 " "V APPLICATION SY �AtJAfeO PuaN V SHEET OF DATE 9 IS J/P I eJ�f% �J04�7I�?Q42Gf�E(2l f/� C ,9 - . yS�IEP PLAAN',WIG EPT. .l r R,Jrc ar n�%lP�{din lCd- lu tr�/�i��e iN,v��J .J lrli r,laGloo S. RUSSELL SYLVA �r ��� / �lrr C/l Commissioner xerj ✓�rJ li>r 0,�J06' July 16, 1986 Frank H. Harris Owner: Frank H. Harris 13 Locust St. Location: 13 Locust St. Salem, MA 01970 Stairs to the top of intertidal zone ramp-- float The Division of Wetlands and Waterways Regulation, Waterways Regulation Program has received a copy of your Notice of Intent in order to make a determination whether a Waterways License is required for the proposed activity pursuant to G.L. Chapter 91 . Upon review of the information provided, it has been determined: The information porvided is not sufficient to make a determination and you must provide the following information: xx A Waterways License is required pursuant to G.L. Chapter 91 and its regulations 310 CMR 9.0 Accordingly, please accurately complete, sign, and forward the attached Waterways License Application to the Division. A Waterways License is not required pursuant to G.L. Chapter 91 and its regulations 310 CMR 9.0, however, you may require a municipal Order of Conditions pursuant to the Wetlands Protection .Act G.L. Chapter 131 , s. 40 and/or a Water Quality Certification issued by the D.E.Q.E. Division of Water Pollution Control . Should you have any questions with regard to the Department' s !� determination, please feel free to contact me at 292-5695. Sincerely, Charlesatale, r. Section f Waterways Regulation Program cc: Wetlands Section , D.E.Q.E. Region III Salem Conservation Commission Regulatory Branch, U.S. Army Corp of Engineers, N.E. District Wetlands File No. 64-1 .�F �e`is�fnzeizG a�(oru�uu��rneizlczL l�ecz �rG�aneeiuizc� ..��Gaho/C.az �.Oa4tar� �Vcu�zeczaG . - S. RUSSELL SYLVA 5 Ta Commissioner JUN 26 1986 � °lG , �creaa�c�;cvetCe, 0�8 S8!EM1 PLA19Fi!1VG DEPT. 935-2160 DATE: June 23. 1086 TIO : Salem ASSIGNED FILE NO: 64-136 The Divisicn of Wetlands is in receipt of an application filed under M.G.L. Chapter 131, Section 40, the application is in the name of: APPLICANT: Frank H. Harris OWNER OF LAND: SAME 13 Locust St. Salem, MA PROJECT LOCATION: 13 Locust St. , Salem, MA LOT: Z PROTECT REVIEW ( ) The application is incomplete. No file number will be assigned until material checked below is submitted to this Office: ( ) Notice of Intent ( ) Plans ( ) Project requires the filing of a Form 3 (Notice of Intent) rather .than Form 4 (Abbreviated Notice of Intent) ( ) Locus WATERWAYS REVIEW ( X ) Project may require a Chapter 91 License-Project has been referred to Waterways. ( ) Preliminary review indicates that the project does not require a Chapter 91 -License. However, should further review indicate that the project may require a Chapter 91 License, the Department reserves the right to refer the project to Waterways at that time. ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT APPROVAL OF THE APPLICATION. Veryntrul you , rN . Sabin M. Lord, Jr. , Deputy Regional Environmental Engineer cc: Conservation Commission, Salem, MA 01971 Frank H. Harris, 13 Locust St. Salem, MA 01971 i . X i 310 CMR:. DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued _ Form 3 Fermi OEOE R.N.. (T.a oi?vEp eY DE00 commonwealth �{ Utdre+T—�— .. of N.assachusetta S Notice of Intent Underthe Massachusetts Wetlands Protection Act,G.L e.131,§40 and Application for a Department of the Army Permit Part L•General Information 13 Locust Street, Salem, Mass. 1. LocaJon:Street Address Lot Number___z_ - I propose to build a stairway 2. Project TypeDescription into the bank ,to the top of the intertidal zone and eon- i sway. a o, er end o e ramp _. will be connee.ted to a small float 41 % 16' ) which moves up and down ws1$ 1ae tide. 7240 SPage 960-562 3. Ra6lstry..county Current Sooty Certificate(if Registered Landl 4: rip ant Frank H. Harris TelL 74?='�5 13 Locust St., Saleln, Mae Address Frank H. HarrisTe, 741-0255 6. Property Owner ' 13 Locust St. , Salem, Mae. • Address Frank H. Harris Te1741-0255 6. Representative Ocust St. , .Salem,. -Mai` . Address 7. Have the Conservation Commission and the OEOE Regional Office each been sent.by certilied mail or hand d.rery.2 copies of completed Notice of intent.with supporting plans and documents? c Yes No O ' 6/30/83 Vol. 12 .- 222.9 y: , 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUA41TY ENGINEERING i 10.99: continued Form 3: can[Inued Haw all obtehable permits,vwlences and approval re4uked by local by-law boon obtained? -Yea ❑ No 10 - Obtained. Applied For: Not Appllod Foe ` �i,•,.:�: :dam-.' 9. ts any portion of the site Subject to a Wetlands Restriction Order pursuant to CLL c.131,§40A or G.1- 130,j;1057 .L130,51057 Yea ❑ No ❑ j 10.Ust as plena and supporting documents submitted with this Notice of Intent Identifying Number/Latteir ' Title,Date Fig 1 USGS Map Salem Quadrangle Fig 2 Salem FEMA Flood Map Fig 3 Plan of Work cross section ' Deseription of We: Attach A- 11. 1t.Check those resource areas within which work is proposed: talIX Buffer Zone (b)Inland: .. ❑ Bank* - Land Subject to Flooding. . - . . ❑ Bordering Vegetated Wetland* ❑ Bordering ❑ Land Under Water Biody 5 Waterway' ❑ Isolated lettat Land Under the Ocean' ❑ Designated Pon Area Coastal Beach'(mud flat) Coastal Dune ❑ Banner Beach Coastal Bank ❑ Rocky Intertidal Shore' ❑ Salt Marsh' ❑ Land Under Salt Pond' ❑ Land Containing Shelllfsh' _ ❑ Fah Run' -Likely to involve U.S.Army Corps of Engi^!era eoncunent jurisdiction.See General Instructions for Completing Notice of Intent, - 3-2 6/30/83 Vol. 12 - 222.10 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING C10.99: continued Form 3: continued Pert Ib Site Description Indicate which of thatonowing inform mon has been provided (on a plan,in narrative description or calCula• tkx;)to dearly,completely and accurately describe existing site condtons.,: Identifying NumberA_ethr .. (of plan,narrative or calculations). .. • - Natural Features: . .. Fie 3 Soits • ra -Vegetation '• �� 1i Open water bodes(Including pogtls and lakes) G--I--- flowing water bodies(Including streams and rivers)' Public and private surface water and gromd water 'piles on crwid:o 100 fast of sits Maximum annual ground walerelmilikers with dates and location of lest Boundaries of resource areas checked under Part L item tt above Other - Man-made Features. Structures(such as buadings,plers,lowers and headwalle) - Drainage and food control facilities at the site and'Immediately off the site,Including cuiverts and open channels (with Inverts).dart;and 'ekes Subsurface sewage disposal systema Underground utllilles ' Roadways and parking areas Property boundaries,easements and dgms•of•way Other - Part III:Work Description • Indicate which of the following infomallon has been provided(on a plan.n narrative description or calcula- tions)to clearly,completely and accurately describe work proposed within each of the resource areas checked in Part I,Item..11 abdve. Identifying Number/Laner (of plan,narrative orcalculallons) Planview and Cress Section of: 11A 3 Structures(such as buildings•glare,lowers and headwalls) Drainage and flood control facilities,including culvens and open dfunnels(with knvertal, . dens and dlkas _ Subsurface swage disposal systems i undarground utWlles Filling,dredging and aacavwdng,indlcathig votuma and comPoanlon of ineutr;i Compensatory slonga mans.where required in acwdance with Part III.Section 10:57 (4)of the ngulatlons Other Point Source Discharge Description of characteristics of discharge from point source(both clued and open channel),when point of discharge falls within resource area checked under Part 1,item • 11 above•as supported by standard engineering calculations.data and plans,including but not limited to the following; - - 33 6/30/83 Vol. 12 - 222.11 :310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: coritinued Form 3: corued 1. Delineation of the drainage was contributing to the point of discharge: 2. Pre­and post-development peak runctf from the drainage area.at the point of discharge.lot at least the 10•year and 100-year frequency storm; _ 3. Pre­and post-development rate of inlBuation contributing to the resource area shacked underpart 1,Item 11 above; {. Eaftated water quality characlerlaUca of pre,and post-development naFaff at the point of discharge. Part IV:Mitigating Measures 1. Clearty,completely and accurately describe.with reference to supporting plana and calculations where nocaaauy: _ n . (U Ali measures and designs proposed to meat the performance standards set forth under each rv­ 60=e was specified N Pert II a Peri III of the regulations;or (6) why the presumpdone set forth Crider each resource area specified M Part 11 or Part 111 of the regular tlau do not apply. ' C. 13liIriand Ba k.ntltl^ea nuM.rx4n.f N euwat aeeum.a4 No alteration of bank is proposed. Steps will be built into bank in such•a way to avoid erosion or destabilize bank. r Ya C.." a...Ar..7ra: N.nah^awwra Naar o Nae Beach (Mud Fiat) gtVppenea arta No dredging or filling is proposed for this area. No altera- tions are proposed in this resource area, 3.4 6/30/&3 Vol. 12 - 222.12 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING _ 10.99: continued Form 3: continued Wsrai i Rnauc.M.TYDC .' ! t.... _ N.nYlrir,p n.na.rvNnM .. amwu+aia.m.mn No dredging or filling is proposed.. No alterations are proposed in this Resource Area, • n 2. aearty,completely and accurately describe,with reference to supporting plans and calculations where necessary: (a) a0 measures and designs to regulate work within the Buffer Zone so as 10 insure that•said work does not Wier an vee specified In Part 1•Section 10.02(l)(a)of these regulators;or . (b) H work In the Buffer Zone will alter such an area,as measures and designs proposed to meet the performance standards established for the adjacent resource area specified in Part 11 or Part III of these regulations. F pvn `BanNocties are proposed in the Bufferne that would alter any Resoure,e Areas. 6/30/83 Vol. 12 - 222.13 C 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued - Form 3: continued Put V:Additional information for a Department of the Army Permit 1. COE Application No. 2• (to be provided by COE) - - (Name of waterway( 3. Namesandaddromesof:pmpertyownemadloningyourproperty: Mrs. Christine Sowinski Mr. Carlton Lutts, Jr. 20 Bay View Circle 91 Orne Street Salem, Ma. 61970 Sa.iem, Mae 01970 4. Document other project alternatives P.A..other locations and/or construction methods,particularly those OW would INUm[nals the discharge of dredged orfM material Into waters orwetlands). e. 81S'a 11'drawings in purview and cross-section,showing the resource area and the proposed actN- DY with'vt the resource area.Drawings must be to scale and should be clear enough for photocopying. Cerecabo, 's regrued from the Obson of Wates poLiton Cormd before the Federal perrnt an be'ssred . Cetizatat may be obtaned by=0=9 the Oub'ort d Water Pofuron Carmol l Writes Street Bcsmrl Maaaan.sem 02108. VA ere the ac5raywilltake place v&n the area oder the Masac`%WM app ed eoasd Zone- - Mara3errlert program the cerdes that his prupcsed,acii*v m*T'C'�s with std will be conducted . . h a rttaffW that s nxamm wilt the=xcved PWS Wormaton provoedwill b.a used in a arst rg the aPPL-Z f>rt for a permit and 's made a rrtamr of pubic • remrd Rtrotgh ssra=of a pyhic MOM Dscfasure Of its nformaton s voUntary. hcN%ever if necessary ittomaton'6 not Vc ideal the apptcatin carp[be processed nor can a permit be ssued hereby certify under the pains and penalties of perjury that the foregoing Notice of intent and accompanying • plans,documents apd supporting datawe true and omplete,to the best of my knowledge. Signature of Appli \ Date •�I�� Signature of Applicant's Representative - Date FORM "C+••ra..1.CMG r.—No.11m"h eeusACL a M.r 1932-. HED 100 (TESTI r;In .n.ounr.A...D.r.n.... f...A,.r.N Hu.NMmrb...0 oHMUM 1 MAY 82 r.......1................i....r..r.r.........n.. N Mu.p+...191 SNp.IaMat 1.. es Arq C.rw ./C......n:OMS 0.61.,0102-0006..1 nnru.n bu.1 30 Mnr+1n 602 n.IM.:TIb 3.8 6/30/83 Vol. 12 - 222.14 j V Irt, G NPO 6A-1 Oki ell -L k�l17W` Fee aterA, m aJ� 1 u 2 3 4 32'30" 6 'P, —4 22 9 t H i hl -4 2 --,'B E VE H Mutely b .0tio,b Hilli TR rE J lIB 4710 7 S I, r u/ Win h Ir 3 3 n Lo 4708 IT, To rk -V,Pickering W4 Pt 4 ��,O '70700a A 42°30' 144 • T6" 70°S2' 30„ MI. .&II11111 2.�MI 045' ROAD CLASSIFICATION 00 1 MILE Primary highway Light duty road. hard or 40D0 Scar 6000 7000 FEET hard surface improved surface Ar Secondary highway, I KILOMETER hard surface Unimproved road 10 FEET -t Interstate Route U. S. Route State Route L DATUM OF 1929 / —DATUM IS MEAN LOW WATER MASS '0 DATUMS IS VARIABLE (MATE LINE OF MEAN HIGH WATER SALEM, MASS. -ROXIMATELv 9 FEET QUADRANGLE LOCATION N4230—W7052�5/7.5 onc W �• L P /J ZONE A3 IF.L 1VMSLI 3/15/77 THIS MAP IS FOR INSURANCE PURPOSES ONLY AND DOES NOT SHOW ALL PLANIMETRIC INFORM ATION OUTSIDE OF SPECIAL I/ FLOOD HAZARD AREAS. I ONE B / �P ZONE \B P � \ ZONE B RI NLAWN CEMETERY x ' � D 2 _ ZONE B \_ EP �A Fp ZONE C ' r XN I propose to build a stairway from the upland bank down to the top of the intertidal zone . The stairway will be built with pressure treated wood at a rise of approximately 6 ' and a run of 12 ' . The stairway will connect to a 12 ' ramp connected by hinge or pivot to an 8 ' ramp , the other end resting on a float ( 4 ' x16 ' ) rising and falling with the tide on six 1 ' , galvanized poles secured through the mud flats to the bottom. The float is to be built of pressure treated wood encasing styrofoam sections 8" thick x 20" wide x 96" long . The float will rest on the mud flats at low tide and will rise with the incoming tide on the attached vertical poles secured to the bottom . No saltmarsh will be altered . The bank will not be altered . No dredging or drilling will occur as a result of this project . Attachment A i I q{s rfj� /Z r z = -vatanse on i mnussian , Salem. Massachusetts 01970 f� y� CITY OF SALEM CONSERVATION COMMISSION Will give 'a public hearing under the Wetlands Protection Act, Mass. G. -L. Chap. 131, Section 40, at the request of Mr. James Zieff, Village at Virnin Square. The purpose of the hearing is to explore the effects of improvements to a kettlehole pond located on their property off Loring Hills Avenue. This hearing will be held on Thursday, June 26, 1986, at 7 :30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 CITY OF SALEM CONSERVATION COMMISSION Will give a public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 1.31, Section 40, at the request of Mr. Frank Harris, Locust Street, Salem. The purpose of the hearing is to explore the effects of the construction of a pier to the rear of his property on the Danvers River. This hearing will be held on Thursday, June 26, 1986, at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 CITY OF SALEM CONSERVATION COMMISSION Will give a public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 131, Section 40, at the request of the City of Salem Engineering Department. The purpose of the hearing is to explore the effects of the installation of a control structure at the outlet end of Legg' s Hill Pond. This hearing will be held on Thursday, June 26, 1986, at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 /0 7, 132,2 \ ,vi G ofl 1 b bink r f - U t UPI&-.1) Aye Q ZI5-taI � aE low bask 1-. ---- - - -= - f xr