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45 MEMORIAL DRIVE - CONSERVATION COMMISSION (2) ff5 (�1w1,�s�t� �t�lcc RX)A�-- n 1 1 Request for Determination of Applicata tx ' Subject: Repair Work To Existing Landing Structure Located at 45 Memorial Drive, Salem, MA. 1 1 Submitted by: Bradford Smith, Homeowner ' Date: 28 August 2001 '. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands � WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: ' When filling out 1• Applicant: forms on the Bradford Smith computer, use Name E-Mail Address only the tab key ' to move your 45 Memorial Drive cursor-do not Mailing Address use the return Salem MA 01970 key. Cityrrown State Zip Code mA PhoneN mbar 6268 � Phone Number Fax Number('rf applicable) ' 2. Representative(if any): None Firm ' Contact Name E-Mail Address Mailing Address Cityrrown State Zip Code ' Phone Number Fax Number(if applicable) ' B. Determinations 1. I request the Conservation Commission make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ' ❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s) referenced below are accurately delineated. ® c.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act ® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction ' of any municipal wetlands ordinance or bylaw of: Salem Name of Municipality ' ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). 1 ' wpafoml.doc•rev.02/00. Page 1 of 4 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' WPA Form 1 Request for Determination of Applicability city/Trnvn Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' C. Project Description ' 1, a. Project Location (use maps and plans to identify the location of the area subject to this request): 45 Memorial Drive Salem Street Address City/rown ' Map 42 Lot 0007 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The property involved is on the NE side of Memorial Drive. It is one of a number of a series of parcels created on land filled to a sea wall abutting Collins Cove shortly after WWII. The existing loading platform whose repair is the subject of this request is footed and anchored to this existing sea ' wall. ' a Plan and/or Map Reference(s): Exhibit 1: Locus Map 27Aug01 Title - Date Exhibit 2: Landing, As Built 27Aug01 Title Date Exhibit 3:Historical Pictures of Landing and Attestation 27Aug01 Title Date 2. a. Work Description (use additional paper and/or provide plari(s) of work, if necessary): ' Subject work consisted of repairs and concurrent size reduction of approximately 30%to the existing loading platform enabling its continued and safe operation. The work specifically addressed the structural integrity of the footings, vertical supporting members, platform and rail that had significantly deteriorated since the construction of the landing platform circa 1960(Reference exhibit 3: Historical Pictures of Landing and Attestation). The repaired structure occupies the identical footprint as the original. A significant amount of the existing structure was salvaged, including the lumber for the entire deck of the ' landing. All work was conducted above mean high water. The following exhibits depict the repairs as effected (Reference exhibit 2: Landing , As Built). 1 1 wpafom Um•rev.02/00. Page 2 of 4 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse — n so that we can return the card to you. C. Sign e _ ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? 113 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No lo1EZ TX" 1a Vim• SEp? 70, Wq— S � �4�i'V'VJf.�S 3. Service Type edified Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service labs) lla�►g 'WD bwsY 'l�65f gS2� PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 i= UNITED STATES POSTAL SERVICE First-Class Mail f Postage&Fees Paid I USPS Permit No. G-10 r—� '\ ;—, � II • Sender: Please print yourame,2ddress, and ZIP+4 in this box I' i' P, I ctin Zo to 11; 02 Salem Consel-Wilf-Cpfimigiop 120 W�ehIopllinA IMr r. Salem,MA b!00 0.D'A Hs ru..• ' nll.rc u i Hill till 111,1111mill"111111till 11ll,ir,llIIIIIIIIIHIIIIII SENDER: COMPLETE THIS SECTION _71 COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. ig atu ■ Attach this card to the back of the mailpiece, ' � (�l ❑Agent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 'lS INR-Jv`6{y/\�5� pyyo� 3. Service Type �n0 )!92ertifed Mail ❑ Express Mail 1 V ❑ Registered ❑ Return Receipt for Merchandise A Y ❑ Insured Mail ElC.O.D. N V` 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from WN label) -7a�5 3`i 00a PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 i UNITED STATES POSTAL SERVICE First-Class Mail .�-ESSF -^-..,Ppstage-&-Fees-Paid. w' P M usl°s ..Permit No.G-10 U , • Sender: Please print pierooe, dress, and_Z-IP+4 in this box ` Salem ConseNedcn.Commission 120 WaehlnOW Street,Std R Salem,001970 1 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands crrn WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) ' b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). ' See attachment 1: Project Description (Cont.) ' 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ' ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ' ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ' ❑ Municipal project ' ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an ' application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. ' b. Provide evidence(e.g., record of date subdivision lot was recorded) supporting the classification above(use additional paper and/or attach appropriate documents, if necessary.) ' Item 3.C.a does not appear applicable ' wpaform 1.doc•rev.02/00. Page 3 of 4 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands city/Town WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' D. Signatures and Submittal Requirements ' I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. ' I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office(see Appendix A)were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Same as applicant Name ' Mailing Address City/rown State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my-expense ' in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. 0 a SignatureofApplicant Date Signature of Representative(if any) Date 1 ' wpafom I.dm-rev.07100. Page 4014 i ' I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' WPA Appendix A — DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection ' Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wet. Alford Cumminglon Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Hearn Monson Russell Washington Phone:413-764-1100 Beekel Easthampto Hinsdale Mount Sandisneld Wandall Belchertown n Holland Washington Savoy Westfield Fax 413-7841149 Bemardslnn East Holyoke New Ashford Sheffield Westhampton Blandford Longmeado Huntington New Marlborough Shelburne West Springfield Brimfield w Egremont Lanesbo ough New Salem - Shumsbury West Stockbridge Buckland Erving Lee North Adams Southampton Whately, Chademom Florida Lenox Northampton South Hadley Wilbraham Cheshire Gill Leverett Northfield Southwick Williamsburg Chaster Goshen Leyden Orange Springfield Williamstown Chesterfield Granby Longmeadow Ogs Stockbridge Windsor Chicopee Granville Ludlow Palmer Sunderland Worthington Clarksburg Great Middlefield Pelham Tolland Barrington Pam Greenfield Hedley DEP Central Region Avon Charlton Hopkinton Millbury RWand Uxbrdge 627 Main Street Ashbumham Clinton HubbanIston Mnlvile Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650. Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508492-7621 Ayer East Leicester North Brookfield Spencer West Brookfield Bane Brookfield Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Fitchburg Littleton Word Stow Westminster Berlin Gardner Lunenburg Paxton Sturbridge Winchendon Blackstone Grafton Madborough Pepperell Sutton Worcester Bolton Groton Maynard Petersham Templeton Boxbomugh Harvard Medway Phillipston Townsend - i Boylston Hardwick Mendon Princeton Tyngsborough Brookfield Holden Miltod Royalston Upton Hopedale ' DEP Southeast Region Abington - Dartmouth Freetown Mattapoisett ProAncetown Tsbury 20 Riverside Drive Acushnet Dennis - Gay Head Middleborough Raychem Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewB dford Rochester Wellfleel Phone:508-946-2700 Bamemble Eastham Hanover North Rockland West Bridgewater Fax 508-94745557 Berkley East Hanson Attleborough Sandwich Westport ' Bourne Bridgewater Harwich Norton Scituate West Tsbury TDD:508-946-2795 Brewster Easton Kingston Norwell Seekonk Whitman Bridgewater Edgartown Lakeville Oak Bluffs Sharon Wrentham Brockton Fairhaven Mansfield Orleans Somerset Yarmouth Carver Fall River Maras Pembroke Stoughton Chatham Falmouth Marshfield Plainville Swansea Chilmark. Foxborough Mashpse Plymouth Taunton Franklin Plymplon ' DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax 978-661-7615 Belmont Dedham Lexington Nahent Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:9784561-7679 alliance Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherocm Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By- Norfolk Stoneham Wilmington ' Burlington Gloucester The-Sea North Andover Sudbury Winchester Cambridge Groveland Marblehead North Reading Swampscott Winthrop Canton Hamilton Medfield Norwood Tewksbury Woburn Carlisle Haverhill Medford Peabody Topsfield Melrose wpdormi.doc•Appendix A•rev.I1=100 Page tof 1 2.C.b Project Description Continued: ' MGL Title XIX, Chapter 131, Section 40 paragraph 1 defines those situations where filing a writtren notice of intent concerning the work is not required (WPA form 3). ' Such exempted work is highlighted in exhibit 4: Excerpts From MGUMCR. The work included such effort that were involved "in the course of maintaining,-repairing or replacing but not substantially changing or enlarging an existing and lawfully located structure". I proceeded with the repairs in the belief that they complied with the intent of this portion of the law. To provide additional supporting information, I have attached the following exhibits: ' Exhibit 3: Historical Pictures of Existing Landinq and Attestation This exhibit includes photographs taken circa summer 1975. These photos are accompanied by the attestation of abbutting Salem resident, Matt Szpak of 44 Memorial Drive, who provided these photos and assisted in the construction of the original landing platform circa summer of 1960. The content of this exhibit confirms an "existing and lawfully located structure" in service on Collins Cove at 45 Memorial Drive for the past 40+ years. Exhibit 5: Float Permit ' Permit renewal as of 1 MarO1 confirming the lawful placement of the moored floats to which the subject landing platform provides access. ' Exhibit 3: Landing Platform: As Built ' Pictures of the landing as the repairs were affected confirming the location of the structure to be on the identical footprint as the original and highlighting the further repairs to the structure of the landing including footings, vertical support members deck and railing. Request For Determination ofApplicability Attachment:I ' K Project Descri tion Cont.Owner: Bradford Smith P e: 1ofl s: 45 Memorial Drive Salent,MA Ma 42,Lot 0007,Book 14318,Pg 200 Revision: 1 01 W O c � wcac`4 h � d u 02 a � °o 6 ti 0 i .• n t� We �0t6 ��3� i s LW L 'N q � 0, t C E ' I ' d c sty os It 'Ib ow 1 s s �'•,..,� w Sit w�_ . � #< � �,.E` C6' S ye� ,ye ET;✓2 a i2 '� 3 �x;,�ii, s�� rc b *:ry YY1t } '.2 1 •Y Y A^ �M �d � �. J y��' a w'��._ ;:ami Mart q _+7r�'2�.�.- Z•. v.. a a: Jw L iF;. a � •a, x ,, {3� x r.. � 'R wry&�Fy45�p _.`'� •'> yta yy f. y F r t� yc1-GA. w ^vn• K / �G ti < � �r � a t �•�p$ �.� :.l ! �}�`}yy"' i lEy ; yg C I 'x YF!`.M�{friFb� i ® Landing, As Built e 111 11 ®" Photographs taken 29Jul01 and 26Aug01 illustrate: 1 . Level of Mean High Water 2. Level of water approximately 1 hour prior to Mean Low Water 3. Repairs to preexisting footing 4. Repairs to preexisting landing platform structure: vertical members, railing and deck 5. Orientation as situated on Collins Cove and property at 45 Memorial Drive 6. Reduction in loading platform area/size by approximately 30% Re uest For Determination ofApplicability ExhibiC2 Title: Landing, As Built PropertyOwner: Bradford Smith Pa e: 2 of 2 Address: 45 Mertrorial Drive Salem,MA Date: 26Aug01 Parcel: Map 42,Lot 0007,Book 14318,Pg 200 1 Revision: 01 ,. . -._; :i Photos above and left taken circa 1975 showing original landing, ramp and moored floats existent at that time. Attestation: I, Matt Szpak, residing at 44 Memorial Drive, Salem, attest that the a pictures depicted here are accurate reproductions of photographs f taken in my presence on or about the summer of 1975. 1 further • attest that I assisted the then owner, now deceased, in the construction of the landing platform n or about the summer of 1960. Signed: ��— ate: Z�" c) WitnessedLAW�Date: Request For Determination of App licabili Exhibit:3 Title: Historical Pictures of Existing Landing and Attestation - Property Owner. Bradford Smith Pa e: 1 0f I Address: 45 Memorial Drive Salem,MA Date: 2T1 Parcel: Map 42,Lot 0007,Book 1431 B,Pg 200 1 Revision: 1 01 i Excerpts from Mass General Laws/Mass Code M.G.L. - Chapter 91, Section 10a. TITLE XIX. Notwithstanding any contrary provision of law, the harbormaster of a city or town...so empowered by said 'city or town may authorize by permit the mooring on a temporary basis of floats or rafts held by anchors or bottom moorings within the territorial jurisdiction of such city... M.G.L. - Chapter 131, Section 40, TITLE XIX. No person shall remove, fill, dredge or after any bank...bordering on the ocean...or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure... 310 CMR 10.00 ...the adopted regulations require that any person intending to perform work within 100 feet of a bordering vegetated wetland must submit a Request for a Determination of Applicability to the local conservation commission. In this way the commission has an opportunity to review the proposed project and to determine whether any alteration of the neighboring wetland will occur. If such a determination is made, then the project will require the filing of a Notice of Intent, just as if it were proposed for inside the wetland itself...where the applicant proposes to take appropriate engineering measures to prevent impact on a neighboring wetland (and fully documents such measures in the Request for Determination of Applicability) there is no legitimate basis for requiring a Notice of Intent... . Request For Determination ofApplicability Exhibit:4 Title: Exce is From MGL/MCR PropertyOwner: Bradford Smith Pa r. 1 oft Address: 45 Memorial Drive Salem,MA Date: i6Aug0l Parcel: Map 42,Lot 0007,Book 14318,Pg 200 1 Revision: 1 01 PREFACE Of 1993 REGULATIONS REGARDING NORMAL MAINTENANCE AND IMPROVEMENT OF LAND IN AGRICULTURAL USE ...No Determination of Applicability is required for exempt activities; however, the Determination of activity is exempt. ' intended for use when there is doubt as to whether or not an ac y Applicability process is i 310 CMR 10.58.2 Mean Annual High-Water Line of a river is the line that is apparent from visible markings or he prolonged resence of water and that changes in the character of soils or vegetation due tot p g presence indicators distinguishes between predominantly aquatic and predominantly terrestrial land. -Field ind of bankfull conditions shall be used to determine the mean annual high-water line. Bankfull field indicators include but are not limited to: changes in slope, changes in vegetation, stain lines, top of pointbars, changes in bank materials, or bank undercuts. 310 CMR 10.58.3 Where a proposed activity involves work within the riverfront area, the issuing authority shall presume that the area is significant to protect the private or public water supply; to protect the groundwater; to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish ;to protect wildlife habitat; and to protect fisheries. 310 CMR 10.58.3 ...the replacement within the same footprint of structures destroyed by fire or other casualty is not subject to 310 CMR 10.58. Re uest For Determination of A licabili Exhibit:4. Title; Excerpts From MGL/MCR Pro er Owner: Bradford Smith Pa e: 2 oft Address: 45 Memorial Drive Salem,MA Date: 26A,, Ol Parcel: Ma 42,Lot 0007,Book 14318,P 200 Revision: 01 - City of Salem moored float permit renewal issued 1 Mar01 by Salem Harbormaster pursuant to MGL - Chapter 91, Section 10a ------------------------------------------------------------------------------------------------------ CITE' OF SALEM $ a A FLOAT PERMIT 7 ----------------- Permission is hereby granted to.------- ` '-" ----------------------- ................. ..... -- r� of -. ,...�........Street, to MAINTAIN A FLOAT at.. from May 1, 19--------. to October 1, 19---- Fee: $5.00 �7 fi`' . ... ..... . . -............... ( bormaster) Re uest For Determination of Applicability Exhibit:5 Title: Float Permit Pro er Owner: Bradford Srmth P e: 1 of 1 Address: 45 Memorial Drive Salem,MA Date: MAu 01 Parcel: Map 42,Lot 0007,Book 14318,Pg 200 Revision: 01 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) rq a Ln 03 Postage $ S - Certified Fee Postmark Return Receipt Fee Here O (Endorsement Required) ORestdcted Delivery Fee O (Endarsement Required) O O Total Postage&Fess ,$ T m Name(Please Print Clearly)(to be completed by mailer) St-me -Apt-N .-;-or-POB-oN-.---------- --------------------------------------------- Er V r City,State,ZIP+4 f i Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years important Remindens: ■ Certified Mail may ONLY be combined with First-Class Mail or Priority.Mail. ■ Certified Mail is not available for any class of international mail. Is NO INSURANCE COVERAGE IS PROVIDED with Certified Mal. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 38111 to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. Is For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ Ifa postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 U.S. Postal Service CERTIFIED MAIL RECEIPT i (Domestic Mail Only;No Insurance Cove rq fJ Article Sent .0 1W `a Postage $ S Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) O Total Postage 8 Fees $ S fTl Name(Please Print Clearly)(to be completed by mailer) O— Stieet,Mt.No.;orPO Box No___________________________________________________________ � CiN,State.ZIP+4......................................................................... ry Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail or Priority'Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or 1 addressee's authorized agent.Advise the clerk or mark the mailpiece with the +I endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the art i- cis at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ` WPA Form 2 — Determination of Applicability �w a4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Bradford Smith Same return key. Name Name Memorial Drive Ma � Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: NA NA Title Final Date(or Revised Date if applicable) 2. Date Request Filed: August 28, 2001 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation, and made the following Determination. Project Description (if applicable): Repairs and concurrent size reduction of approximately 30% to the existing loading platform. The repaired structure occupies the identical footprint as the original. All work was conducted above mean high water. Project Location: 45 Memorial Drive Salem Street Address Cityrrown Map 42 Lot 0007 Assessors Map/Plat Number Parcel/Lot Number WPA Farm 2 Pagel of 5 Rev.02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Y WPA Form 2 — Determination of Applicability 3 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a .mac B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation WPA Form 2 Page 2 of 5 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Y WPA Form 2 — Determination of Applicability i w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). 1. Any additional work which will require permanent structures or fixtures within any resource area will be require to have a Notice of Intent filed with the Salem Conservation Commission. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. WPA Form 2 Page 3 of 5 Rev.02100 Massachusetts Department of Environmental Protection lugBureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on S�j�cK�� 2c.sU Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). n r Siggature5/� i AM to WPA Fa 2 Page 4 of Rev.07100 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. 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 Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. WPA Form 2 Page 5 of 5 Rev.02/00 h 5-7515/119 4 5 2 60700030209 - - BRADFORD'B. SMITH Ol 45 MEMORIAL DRIVE DATE .SALEM;MA- 01970 - PAYF V ORDERER OF nC)LLARt � w 4*16t I overeign JA . tip �- i MEMO -�, - .. ,....m �:0LLO75- - m 0003 , 201 04524 f!f ^r IT Conservation Cone ission C Salem, Massachusetts 01970 F `t• f,.i/q SSA 'may City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Bradford Smith, 45 Memorial Drive, Salem, MA 01970. The purpose of the hearing is for a determination of work related to the repair of an existing wooded landing with associated gangway and float at 45 Memorial Drive, which is adjacent to Collins Cove. The new landing is approximately 30% smaller and will be constructed in the original footprint of the previous structure, which dated back t01960. This hearing will be held on Thursday, September 13, 2001 at 7:00 p.m. in the third floor conference room at 120 Washington Street. Debra A. Hurlburt Chairperson September 6, 2001 Please send bill to: Bradford Smith 45 Memorial Drive Salem, MA 01970 978-744-6268 x "ia5$ 44 rt + i r x ' w Y M F ti �r , ev. R•. . 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' �� d��tl .y� � 4 r�pe;� ,'S2� u9 w � � -c,y �. x o �_ x Y. 1�x i b � �1 � �� r „ ,. � � (' � � �� . w- ,�r «.., . j �11 v�� 3"j` � ;� .b �D w6 �� ' .uw ; � t � �. * �F ��}� k; _ �y, '"Fi" � -Y � � �' x / T n ' � X.�a��' �� '�""'"i ice' �'. 0 T. � }.�. Y _ � + y� � 6 1 �� qn� .Vl � -a�+W+� fS 8 e F � `q �tit�' IF Y r' fir. _ � • • �� a� � np�}'Y �.. Y M S 9v p•m .m (( a g �I "�z`r -Xyt "may� ��°*•� ��.d 4r��.�'°"k. r �rva x. q'�Y ��• .. s � Z y 21 U as 9!�.•,f'�• .ax ,,,. � �', -x»Fz i� .,p ,� ywr•.. a eT _ � 3 Mar 8 .. -_ y � y „ to � � �.. �g,rr4'.�° ,�,.^� .�kr p �m �' � �� t "c;�� a � y �gg. i�� mf per' � � �A� �� -�'� �� k a r� �� Yp �*�*� � � �e`"f� �" e �p. �'a I ' .� 's� �, �*2 ",� .� yy ,. � x. � �x�.�e'��!a m UKs�. e'[�'L Y5' -r�..eT � � P 14''� �n"�. K IYr+ qu�' S' � ��b � �5 � � .q, cit •�'✓�`�. ,k'�r� x' r#.::,��.y(� n _ �s. p �. ,. w. .; 1 .� ,��wr, �*� o s {. � y ,4 � ,�, - . .,. u � � � s� ^�'<�. -W ,, .. .' .. �, p r '� ,. �wm: �� ,. � � ,. � „W is -dn�_ a- "� 3% "�Bni`"'.�' '.sr*- of .' A Y +� ,. d r:. ..'. a,. � � .. �. r ��, � .. � � .,rvp.� �� " '`��a .,.. .,s w fob ¢r��, +�.�'�' �•s: � r -,'�� " �� '��' � zp� ',=�wry� � � � '�`i�,� T�as� „`- �w . " . ,fin','`� �. f DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M. G. L. Chapter 91 Waterways License Application Number WO1-0284 NOTIFICATION DATE: SEP 18 2001 Public notice is hereby given of the Waterways application by Bradford Smith to maintain an existing pier, ramp and pile-held float at 45 Memorial Drive in the municipality of Salem in and over the waters of Collins Cove. 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. After review of MHC file: u• r:rials you submitted, it has been _eterntned that this project is unlikely to affect siorAcant historic or archaeoicyical rescurc:::,. Stace etstein Preservation Plana.' Massachusetts H" -"r COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTIVIENT�OJF 1NVIRONMENTAL PROTECTION y` ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 7 JANE SWIFT SAI-Eivl BOB DURAND Governor �'�ti�:R!If�iG (i' �� i. Secretary LAUREN A.LISS Commissioner SEP 5 2001 V Mr. Bradford Smith 45 Memorial Drive Salem, MA 01970 Re: PUBLIC NOTICE OF WATERWAYS LICENSE APPLICATION-No.W01-0284 Collins Cove, Salem, Essex County Dear Mr. Smith: The Waterways Regulation Program has received your application requ?stinQ 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 this application number whenever you submit or request information for this file. Upon review of this application, the WRP has made a determination that this project is a water-dependent use project. Attached is the WRP's Public Notice form for this application.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 this application until the following information/document(s) checked below have been submitted: Proof 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 ❑ Receipt of a valid Wetlands Order of Conditions This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the Wodd Wide Web: http:/Aw .magnet.state.ma.us/dep n L4 Printed on Recycled Paper C� Receipt of a valid DEP Water Quality Certification El Completion of the MEPA review process 11 Plans El Other: Should you have any questions, please contact me at(978) 661-7778. Thank you. Sincerely, r Provencal Environmental 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 Division of Fish and Wildlife, 175 Portland Street,5h Floor,Boston,MA 02114 Office of Coastal Zone Management, Suite 500,251 Causeway Street,Boston,MA 02114 Division of Marine Fisheries, S.E. Marine Fisheries Station, 50A Portside Drive, Pocasset, MA 02559, Attn: Vin Malkowski Mass. Historical Commission, 220 Morrisey Blvd. Columbia Pt.,Boston, MA 02116 Sam Murphy, 47 Memorial Drive, Salem, MA 01970 Settlers Way Condominiums, Essex 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 Number WO1-0284 NOTIFICATION DATE: SEP 1 8 2001 Public notice is hereby given of the Waterways application by Bradford Smith to maintain an existing pier, ramp and pile-held float at 45 Memorial Drive in the municipality of Salem in and over the waters of Collins Cove. 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. Q% Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways 6 BRP WW 06 Simplified Waterways License Transmittal Number J General Waterways Application LICENSE NO. proved by Department of Environmental Protection Date: �uo.ir F,rt,} lk a` 1� s lon '3r L e \ '�' �s�U • � t 51a.rt C(a�j 9 x3..1 Sca1c; Iw c lGt Purpose:'Simplified Licensing Plan accompanying the petition of: Project Description: Datum Adjacent Property Owners: In t A- Sorn At ' County of_State MA 2 Q - Ste- k, Lv plication by . heet of_Date ww06. A00 Page 5of5 Rm 06/00 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRON'M -( ' S � ENTAL"PROTECTION -� A) Metropolitan Boston-Northeast Regional Office., JANE SWIFT _ BOB DURAND Governor ��\i`�I\�I`1�.A �-%f-f�)� Secretary LAUREN A.LISS Commissioner June 18, 2002 Mr. Brad Smith 45 Memorial Drive Salem, MA 01970 RE: Waterways License Application No. W01-0284, License No. 9347 Collins Cove, Salem, Essex County Dear Mr. Smith: 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. Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter.Street, 3`d Floor Boston, MA 02108. 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 • TTD#(978)661-7679 Web Site:http:/Av .Mass.Gov/DEP 0 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 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 cerely, ames 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 Obe Tommunmealtb of fitassarbusetts No. 9347 Memo, Brad Smith of-- Salem --, in the County of-- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to—maintain an existing landing, ramp and floats and to place and maintain piles --------------------------------------------------- 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 --Brad Smith--, 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 landing, ramp and floats and to place and maintain piles --------------------------------------- in and over the waters of—Collins Cove -- in the -- City -- of-- Salem-- and in accordance with the locations shown and details indicated on the accompanying DEP Sketch Plan No. 9347 (1 Sheet). PRINTED ON RECYCLED PAPER License No. 9347 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. The placement of the piles 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. Prior to the placement of the piles, an Order of Conditions from the Salem Conservation Commission will need to be obtained. The landing, ramp and floats 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. -------------------------------------- Duplicate of said plan, number 9347 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. 9347 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. I 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. 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 waterways. 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. 9347 Page 4 Department, and compensation thereof has been made by th. - y paying into the treasury of the Common ars and zero cents($0.00) -- for each cubic yard so 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 eighteenth day of June in the year two thousand and two. 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 equilaw charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved b ovemor. Massachusetts partment of Environmental Pra� !ion Bureau of Resource Protection - Waterways �1 BRP VW1106 Simplified Waterways License Transmittal Number General Waterways Application LICENSE NO. q34� Approved by Department of Environmental Protection D ate: june 18 2002 J o 4- y rub„tom v � V�40 Purpose:'Simplified Licensing Plan accompanying the petition of: Project Description: Datum Adjacent Property Owners: In A- ciann Mvr t County of_State MA 2 3 pplication by Sheet_of Date 3 ww06 Cag Page 5of5 Rev.06100 - .�` '�'�� `•