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64-141 - 10 WHITE STREET - CONSERVATION COMMISSION ,t r Form 7 G_CE Fde No. 64-141 (To to prod'ed 5y GEC E) SALEM y ofMssachusets -itnannrF LANDZ„�*r on mENERSH � I Giensicn Permit �.riassacnusetts Wetlands Protection Act G.L. c. 131, §40 Frcn' Salem Concpr t ' r s_' Issuing Authority To: Darbie Landing Limited Partnership 10 121ite Strppt eatom (Name) (Address) This extension is to extend Special Condition number five on The Order of conditions(or Extension Permit)issued on 9/25/86 (date) to T),qr-lip T Aijjg Pa tneF44P (name)for work at 10 White St (address)is hereby extended for a period of one year(s)from the date it expires. September 25, 1987 This Extension Permit wiilexpire on Ptember 25, 1988 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. ....................................................................................................................................................................................... (Leave Space dank) i 7-1 sos Issued by Salem Conservation Commission Sicn_ture;s) _ When issued by the Conservation Commission"mis Extension F_mit oust be signed by a ma critf,of its members. On this 10 day of September 87 t 9 , before me personally appeared above named to me known to be the Person desc:ibed in and who executed tte fcrc;oing ins trul ent and acknowledged that he/she executed the same as hither free act and deed. i Notary Public y commusicn1expires Oetteh on dotted Ilne and submit to th• prior to commencement of wort To Issuing Authority F!ease be advised:hat the Extension permit:o the Cr er of Concencns for the project at File Number has been recorded at^e Registry of and hes been noted in me:nasi of title of the affected CrbdeCf in accorCande with General Condition 8 of the anginal order of conditions On 7 9 ;f recorded land,the ins:n:-mnt numoer wnich icenufies this transa=cn 'f re^,ivered land.Te CC-rent number which icenhfies mis transaction is Signature 7.2 ' _ r I I . . f1 GOLDWEITZ&COMPANY,INC. f K 200 CLARENDON TREEI"r.` TELEPHONE 617.267.8000 BOSTON,MASSACHUSETTS-02116 July 3, 1990 TELECOPIER 617-267-7994 Mr. John Vallis Chairman RE CE I N' EE) Salem Conservation Commission One Salem Green JUL 0 E 1990 Salem, Massachusetts 01970 RE: Order of Conditions for Darbie Landing SAIUM pine;Jg'B BUT. Limited Partnership, DEP File No. 64-141 Dear Mr. Vallis: This letter is submitted on behalf of G&C Investment Corporation, d/b/a Hawthorne Cove Marina, to request an extension to Order of Conditions, DEP File No. 64-141, issued by the Salem Conservation Commission to Darbie Landing Limited Partnership. I am enclosing a copy of the Order of Conditions along with this letter. The basis for this request for an extension is that the dredging which was described in the plans submitted with the Notice of Intent and approved in the Order of Conditions has not yet been completed. In particular, those plans provide that dredging will occur to seven (7) feet below mean low water, and the dredging has not been carried out to that extent. The dredging has not been completed because G&C Investment Corporation, d/b/a Hawthorne Cove Marina, acquired what was formerly Darbie Landing Limited Partnership through foreclosure. after the death of Joel Schwalbe, the general partner of the Limited Partnership (we previously held the first mortgage on the Marina through an affiliated entity, and were forced to take over after Mr. Schwalbe's death). Accordingly. we request an extension of the Order of Conditions to September 25, 1992. If you have any questions regarding this matter, please call me at (617) 267-8000. Thank you for your attention to this matter. W K thS (Finance A Vi P de cc: Don Berry, Esq - Goodwin, Procter & KSG/sh 2187A/73 t r ' 1 Form 51 DEQE File No. 64-141 t ` (To be provided Dy DERE) t , — -- City/Town Salem Commonwealth of Massachusetts Applicant Darbie Landln4 Pa rtnershi Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From Salem Conservation Commission To Darbie Landing Limited Partnership (Nape of Applicant) (Name of property owner) Address10 4lhite Street, Salem Address In White qtt cylpyiy This r er is issued and delivered as follows: X. by hand delivery to applicant or representative on (date) ❑ by certified mail,return receipt requested on (date) This project is located a)0 Vhite Street salem - The property is recorded at the Registry of Essex County Book 7574 Page 570 Certificate(if registered) 54080LC Plan 14857A 744 of 1958 The Notice of Intent for this project was filed or, Tul 29 , t 9sr (date) The public hearing was closed on Spot 4 1986 .. (date) Findings The Con carva t i on rarnmission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Co ^* ' Cnmmissen at this time, the Conservation Commission 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 regulations 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 ❑ Flood control CT Fisheries 51 Therefore,the Cons Pryatinn Co miggi on 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 Conservation Commission 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 fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. General Conditions 1 . Failure to comply with all conditions stated herein,and with all related statutes and other regulatory 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 any injury to private property or invasion of private rights: 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized I?ereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance 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 fill 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 work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the land. Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Conserva r i nn Comm. 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, File Number 64-141 11. 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: l 5.2 Plans: Title Dated Signed and Stamped by: On File with: onse Darbie Landing Marina-Gen. Arrangement 6/86 Bruce Tobiasson, P. P on-- Darbie Landing Maring-Dredge and Platform Details Darbie Landing Marina-Float Details Site Detail Plan--Darbie Landing Rev. 4-3-86 Hancock Survey Environmental Studies Report April, 1986, Goldberg and Zonio et al Special Conditions(Use additional paper if necessary) 1. Work shall conformto plans and narrative submitted with Notice of Intent 2. All demolition materials (pilings) shall be disposed of at an approved dumping facility. The name and location of the facility shall be furnished to the Commission and copies of the delivery slips, dated and signed by the disposal site manager and the contractor shall be furnished to the Commission. 3. There shall be no landward storage of dredged materials. All dredged material shall he transported by scow to the Federal Disposal Site. No de-watering shall be performed on the landward portion of the site. 4. Notification of the commencement of dredging operations shall be given to the Conservation Commission at least 72 hours prior to initiation of work. 5. Dredging operations shall be completed prior to March 15, 1986. ........................................................................................................................................................................ (Leave Space Blank) 5.3A Issued By SALEM Conservation Commission Signature(s) This Order must sign db a majority/of the Conservation Commission. On this 25 day of �9 September 86 before me INS _ t*)OA M-p to me known to be the personally appeared person described in and who executed the foregoing instrument and acknowledged that he/she executed the same is/her free act and d ed. Notary Public r I My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Conservation Commission prior to commencement of work. ..............................................................................._......................................_................................................... 'Issuing Authority To Please be advised that the Order of Conditions for the project a and File Number has been recorded at the Registry of has been noted in the chain of title of the affected property in accordance with General Condition H on t f3_ If recorded land, the instrument number which identifies this transaction is It registered land,the document number which identifies this transaction is Signature Applicant C 5-4A JoN COty i 'b 2 z Conservation Commission Salem. Massachusetts 01970 ASSntN�y ORDER OF CONDITIONS DARBIE LANDING 1. Work shall conform to plans and narrative submitted with Notice of Intent. 2. All demolition materials (pilings) shall be disposed of at an approved dumping facility. The name and location of the facility shall be furnished to the Commission, and copies of the delivery slips, dated and signed by the disposal site manager and the contractor shall be furnished to the Commission. 3. There shall be no landward storage of dredged materials. All dredged material shall be transported by scow to the Federal Disposal Site. No de—watering shall be performed on the landward portion of the site. 4. Notification of the commencement of dredging operations shall be given to the Conservation Commission at least 72 hours prior to initiation of work. 5. Dredging operations shall be completed prior to March 15, 1987. d7O1 l / DEPARTMENT OF THE ARMY s NEW ENGLAND DIVISION. CORPS OF ENGINEERS �1 424 TRAPELO ROAD WALTHAM. MASSACHUSETTS 02254 rail REPLY TO ATTENTION OF Permit No. GP No. 10A -s RGE - F7- M Surveillance & Enforcement Section Regulatory Branch Corps of Engineers 424 Trapelo Road Waltham, MA 02254 This is to notify you that the work will begin on approximately Or-iIn7f t 2C and should be completed by 3 /, /�SY The work will be performed by: v anNrny �' ���� 1��e4�G Q24��/ Name of Person or Firmf Address Jir/ iJ INcci✓J Telephone Number 612 -- Z73 n/ 0 0 Ci Who is aware of the conditions and limitations of the authorization. I understand, accept and agree to comply with the requirements, terms and conditions of this authorization. Ci-9 tr LIQ/OIu(,- 4m . En kZ_T1/F� t� (,g-A, � Q�zSw - Permittee __ :���/��rr��xe-sx`pn�'%),�/�C.l�ii+one(r�a/rr»:e�/+lts7/�./�trtr�i•����.y�narip+er�iris� ':-C/u+clta/�ie:nfi �7�..,[/��P.�L(L1xCLJ���l!anGG 7°'IiCG,�L��jeixcn2s�✓Le.2rLl[LLeasv ,} S.RUSSELL SYLVA Cite• i"!/Li+�n• .Ylxeei ✓fJaa�iif+- 094008 Commissioner � January 27, 1987 Darbie Landing Limited Partnership 10 White Street Salem, MA 01970 Dear Sirs: The Department of Environmental Quality Engineering, Division of Wetlands and Waterways Regulation, Waterways Regulation Program has approved Waterways License No. 1590 authorizing Darbie Landing Limited Partnership to reconfigure and maintain an existing pile-held float system and to dredge in Salem Harbor in the City of Salem. Said Waterways License No. 1590 is enclosed. A copy of this Waterways License has been forwarded to the D.E.Q.E. Northeast Regional Office and the U.S. Army Corps of Engineers, Regulatory Functions Branch, Waltham, MA for their information and records. Please be advised that in order for this license to become valid, the enclosed license and plans must be recorded at the Essex County Registry of Deeds within 60 days from the date of issuance of the license. Work or change in use—autTio—rized under this license shall not commence until said license and plans are recorded at the Registry and the Department has received written notification of the date, book and page number of recordation. You are also required to notify the Department in writing of the date the authorized work or change in use is completed. Sincerely, l GSE" �q Charles J. Natale, Jr. Section Chief Waterways Regulation Program cc: Wetlands Section D.E.Q.E. Northeast Region U.S. Army Corps of Engineers, Regulatory Functions Branch Office of Coastal Zone Management enc: License and Plan Water Quality Certification (if applicable) DARBIE DLANDING October 6, 1987 I V L PIr. William F. Lawless;, P.E. Chief, Regulatory Brarr'ich OCT 81987 Departme'n't of the Army New E'ngia'rid Division, Corps of Engineers 424 Trapelo Road SAIigg P�, tl4 46 BEPT. Waltharn, MA 02254-9I49 Dear' Plr. Lawless: In ac•cordanc:e with our, permits, we wish to acknowledge commericernerit of the work as described in the application of Dar bie, Landing to remove the existing flotation system, rnaintena'rrce dredge the marina, and install a new flotation systern with piles. Piles are scheduled to be removed ori or about October, 26, 1987, by Gloucester Dredge grid Dock, trio. , with dredging to commence on or about October 30, 1987, by Great Lakes Dredge and Dock, Ir'ic. , under, the supervision of Gloucester Dredge `and Dock, Iric. The appraximate date of completion of the dredging will be Sa'nuary 4, 1986. Installation of the •new flotatior, system will be under the direction of Meeco Marine, Iv}c. , with completion of the entire systern ore or about Plarch 31, 1989. Copies of appropriate documentatior, is attached. Sincerely, e I Et Schwalbe, General I Partner Dar-bie Lariding Limited Partnership cc: Charles Natale, Jr. , Licenses R Permits, Division of Wet larids/Waterrways Regulation, DEGE, One Wiriter Street, Boston, MA 021v_t8 Richard Cronin, Director, Division of Fisheries E Wildlife, 100 Cambridge Street, Boston, PIP 0Ef2nc2 Philip Coates, Director, . Division of 01ari.ne Fisheries, IOLA Cambridge Street, Boston, 01A 02202 Bruce Tobiasson P. E. , Waterfront Design Associates, P. O. 54 PSedfie-id, PIA 02QI52-+4N><N54 Dale YaIe•, Salem Conservation Commission, One Salem Greer, Salem, PIA 01970 10 WHITE STREET, SALEM,MA 01970 9 (617)745-3061 f DEPARTMENT OF THE ARMY �k NEW ENGLAND DIVISION. CORPS OF ENGINEER -_ n` 424 TRAPELO ROAD 4 WALTHAM. MASSACHUSETTS 02254-9149 i AMY TO March 5, 1987 �✓I,�F( U 1987 AMNTION Of Operations Division SALEM Requlatory Branch PLANNING DEPT. I NEDOD-R-26-86-1198E PUBLIC NOTICE Dartie Larding Limited Partnership , 10 White Street , Salem, Massachusetts 01970 has requested a Corps of Engineers permit under Section 10 of the Rivers and Harbors Act of 1899 Section 404 of the Clean Water Act to mechanically dredge approximately 6,700 cubic yards of material to a depth of -7 ' below mean low water and dispose of the material at the Foul Area located in Massachusetts Bay. The proposed dredging will assure adequate depth for the size of vessels using the marina. In addition , the existing 120 berths will be rearranged and will extend an additional 150 ' beyond the mean high waterline than permitted in MA-SALE-79-314. The proposed configuration is to better protect the boats from wave action. In order to properly evaluate the proposal , we are seeking public comment. Anyone wishing to comment is encouraged to do so. Comments should be submitted in writing by April 3, 1987. If you need additional information, please contact Ms. Jill Strauss at the above address or by telephone at 617-647-8770, or use our toll-free line 1-600-343-4789 (use 1-800-362-4367 if calling within Massachusetts) . Any person may request , in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for a public hearing shall specifically state the reasons for holding a public hearing. The Corps holds public hearings for the purpose of obtaining public comments, when that is the best means for understanding a wide variety of concerns from a diverse segment of the public. Since ely, -Co Da oy , P.E. C. P. G. SEE NEXT . PAGE FOR Chief , Processing ction DETAILS OF EVALUATION Regulatory Bra FACTORS Operations Division The decision whether co lesue • permit will be based on on evalueCLon of the probable impact of the prepoaed activity on The decisi interest. o IS decision will reflect the national Concern for both protection and utillsaClon of lmpottast resources. tta benefit which reasonably r7 be expected to Act rw Erne the proposal we M Damned ed incl les w sal Will b considered leeldlu{ the reasonably foreseeable detriments- AAI fact rswhich AM econelev"Cassthetice gene al environmental Caaceraa, cumulative efface, thereof; Among shoreline wetlands. cultural values, fish and wildllle vsiwa, flood hazards, Hood platy values made, safety, production erosion and accretion• recreation, water supply and ,conservation, taut quality, 7• and, In general, the made and welfare of the people. Where the activity involves the discharge of dredged or fill[meAeocaancial lese,nto rrCerThbtamlwtion the d of States the impact of CmthhepeC� cation of dredged material far the purpose of Include application U.S. activity on the public Intaresc wlillrlancharit7eofpSection e104(b)nof�theaClaam Water Act, andloteSaection L02(a)•a[ the pyviroemamul Protection A{mnt7, Marina Protection Rsmearch and Sanctuarime ct Aof 1972 as Amended. gasd on his letclsi revid, the.Division Regiment bas decerdnd Clot little likelihood di .data tar time d an fed vett u Snead apps initial llacd la or eligible tot Listing 10 the tEsclomel ga{istme of Mistortc Raul sad ro futchmr Thinconadeterminationat t Sa requirements f the etot chmC following:Rls A, and Kehsmalo{lcal Data Kt of 1974 is neusast7• b"Od 00 A• Ths permit area has been extensively modified b7 Drevtow nark. b, the permit arms las been recently created. C. the proposed activity is of limited nature and scope• presgoce of that or pro4.pectlese listedthe An being eligible forziOQ Of inclusion thetvia ACAe National g La theCremit area or general vicinity- presently unknowA archeological, actenclf le, pre-historic or historical data any be lost or destroyed by vatic to be accomplished under the requested permit- -or endangered list threatened The Olvialoo etllA&CIO, that Cho proposed •ctivitywill � affect the"the" gpeciss listed at theirtcrlcieal habiies and has tat e at. preliminary tIr lalctal dde,emlns[lons made lrrdn wi11 be reviewed in light of facts subdccsd in response to this notice- 11 Eallovlo{ ancborlaions have been applied for or lave bean of will M obtained: (yJ Permit; License or Maent from state. Massachusetts (X) permit tram local wetlands Agency or Conservation Commission. (7I) Wscer Quality Certiflcacion in etcordance with Section 101 of the Clean Yater Act. Maw it mpshlre, and Rhode Island have approved Coastal Zone MA"90mmat '[tea States at CoaAscticut, Maine, Masasehumete,, mad mCe Propo l pro{rr. Where applicable, chs Applicant scats* theeeal the MansB ratprogrmm. Issuance of A StatepermitnfromCe Chen sammer Chat is tomiscasc with this app roved appropriate Stats agency will IaAiuce uncurrence with this Statement of CmsistancT.of scion All tammamca will be umeidm� sector to pCaontactublic C bjectorsadirectlypies Of l int l an efforttoreach an under taading, the eppIICAAC who will nermally ed TMIS {OTIta IS MDT "MM1UTION To UO AER WOM IF YOU WOULD PREFER NOT TO CONTINUE RECEIVING PUBLIC NOTICES, PLEASE CHECK EMU r 1 AND RETURN THIS PORTION OF THE PUBLIC NOTICE TO: DEPARTMENT OF THE ARMY NEN ENGLAND DIVISION CORPS OF ENGINEERS ATM: REGULATORY BRANCH 424 TRAPELO ROAD WALTHAM, MA. 02254 NAME: ADDRESS: - Hill HIM �u / ara dem • •::. 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'\� - r �� ❑' Long.Pt i Palmer P r P' �4AM OC.s ., WYP % rho 5 Suosta ( ..0 LE�cH _*Palmer e �. \I n (yv i� �_ Ji �r`A �- -� ? � tY!�! • / 0 11 .\a /,' C v �•rt_ ^i J \ 's� 5 WLL Sj .� io u \Forest R Pla r u i Pak -�SPicheri.�g tb v 1 Pt toy a ,et-course Jlip r y. 1A� �.tan lde NLA�CRK6 .. '4 e$ LYNN•25 M1 ]42 ^�5' • � nreP�oo �.fu vfr n.zn n4ro oc-ivx / a 143 144 q 11 0- LOCATION PLAN I MILE — ----- Primary hlghl FOR: A•T�.�jl f LFndln� 5000 6000 7000 FEEThard surface AT: Su (!� f'1R-6o I KILOMETER Secondary hlf SCALE : r!_ DO r DATE : - nard surface ZD �' EET — .... ., - j fommo ' lem X¢'r�q INf THOMAS MACKEY & SONS `may 58 BROADWAY ST. ----- �� `SALEM, MA 01970 u 1p NATHAN I EL S I NG CONDOMINIUM TRUST WHITE STR SALEM, MA 01970 ROBERT DIANE L. 1— ' Lori At-6/e 43 T REST L 1970 y I ov Q B p/ / ANTHONY IWANICKI , JR. �' .1mer u/Cy 47 TURNER STREET SALEM, MA 01970 ,. . �e A BRAD ORD C. & SANDRVU. NORT R P U.S.GEOLOGICAL SURVEY 49 NER STREET SALEM QUADRANGLE . MA 01970 - MASSACHUSETTS-ESSEX CO. . JOHN L. JERDAN .0;0.....,•� faao o I000 z000 o 55 TURNER STREET veEr N ALEM, MA 147 VICINITY MAP w � E � V) Ti T MLWS',-.. ...........W A .. n D .....J',. a W \ ZW� Y V W00 U) FLOOO oz a j�J 3: 1; 3 EBB E�(NOPyA9r _ N i iQ BRUCE �+ 0. sa 1OBIASSON y j SALE ROOR >? Na 26973 a O / Q hONAL EMn 54 O 50 100 I UL�O• SCALE IN FEET P OF EXISTI CONDITIONS PURPOSE: MARINA IMPROVEMENTS 083 SALE-79-31r DATUM: MLW = 0.0' EXISTING CONDITIONS PROPOSED MAINTENANCE DREDGING ADJACENT PROPERTY OWNERS: AND MARINA IMPROVEMENTS HOUSE OF SEVEN GABLES IN: SALEM HARBOR JOHN L. JERDAN AT: SALEM BRADFORD d SANDRA NORTHRUP ANTHONY IWANICKI, JR. COUNTY OF: ESSEX STATE: MA ROBERT& DIANE GUETHLEN DA IE LANDING NATHANIEL'S LANDING CONDO TRUST LIMITED PARTNERSHIP APPL. BY: DARBIE LANDING LIMITED PARTNERSHIP 10 WHITE STREET THOMAS MACKEY & SONS SALEM, MA 01970 SHEET 1 OF 5 DATE: 09-15-86 I}II�� •• g l III II fr - -I il` ,i�p�i1 �71W�l Ell \� E FIRIE-01NIM, MNA Ell PLAN VIEW FAA-SZZ-79-314i PROPOSED LAYOUT PROPOSED MAINTENANCE DREDGING AND MARINA IMPROVEMENTS IN: SALEM e ,`I c � . . HARBOR AT: SALEM DARSIE LANDING COUNTY OF: ESSEX STATE: MA LIMITED PARTNERSHIP APPL. BY: DARME LANDING LIMITED PARTNERSHIP 10 WHITE STREET ° SHEET09-15-86 „ Lp 3 1 5 F-7 SECTION A-A METHOD: MECHANICAL, CLAM TO SCOW SEDIMENT : C-3 DREDGE MATERIAL MATERIAL TO BE DREDGED OCEAN DISPOSAL ESTIMATED DREDGE QUANTITY=6,700 CY - 225 3 -7= 1 SECTION B-B 5 10 0 10 20 0 DREDGE SECTIONS SCALE IN FEET (LOCATED ON SHEET 2) 2X8 RAIL 1 2X4 � I I 4X4 POST `I t14 O—DBLy3XT2'L1�s�-� 1 Y I MHWS 10.2' cFRONT ELEVATIO/� M O WOODPILE U w G� S. P@ FF N_ ,T GF O �� 3 ........MLIN--O:Q....... ......... o� BAUCE z _ y\ .x L cd7— TOBIASSON %^ SIDE ELEVATION o.No. 26973 y^ y, O yD.e G/STEP PLAN - dl�ylAL 2 1© 47UtL4, Q • "rf� SCALE IN FEET GANGWAY PLATFORM PURPOSE: MARINA IMPROVEMENTS DREDGE TO PERMIT MA-SALE-77983 DREDGE SECTIONS MA-SALE-79-31, DATUM: MLW = 0.0' GANGWAY PLATFORM PROPOSED MAINTENANCE DREDGING ADJACENT PROPERTY OWNERS: AND MARINA IMPROVEMENTS HOUSE OF SEVEN GABLES IN: SALEM HARBOR JOHN L. JERDAN AT: .SALEM BRADFORD & SANDRA NORTHRUP ANTHONY IWANICKI, JR. COUNTY OF: ESSEX STATMA ROBERT & DIANE GUETHLEN DA I IE LANDING E LIMITED PARTNERSHIP APPL. BY: DARBIE LANDING LIMITED PARTNERSHIP NATHANIEL'S LANDING CONDO TRUST 10 WHITE STREET THOMAS MACKEY & SONS SALEM, MA 01970 SHEET 3 OF 5 DATE: 09-1S-86 EXIST.GRANITE WALL EXIST. BLDG. 1 J CANTILEVERS OVER WDLL ¢� 1 3 1 =C911 c 55" PLAN WOOD RAILING 12X12 p TIMBER ILE 3X10 RACE ELEVATION ��4+n EXIST. GRANITE WALL �o?� BRUCE } � 0. c MHWS 10.2' TOBIASSON MHW=8.8 ,� Na 269730 y s a , Os. v/5T£a4 �P MLW=0.0 Quuc ' a SECTION 10 5 SCALE IN FEET WOOD DECK DETAILS PURPOSE: MARINA IMPROVEMENTS MODIFICATION TO PERMIT MA-SALE-77-083 WOOD DECK DETAILS MA-SALE-79-314 DATUM: MLW = 0.0' PROPOSED MAINTENANCE DREDGING ADJACENTPROPERTY OWNERS: AND MARINA IMPROVEhENTS HOUSE OF SEVEN GABLES IN: SALEM HARBOR -JOHN L. JERDAN - AT: SALEM BRADFORD & SANDRA NORTHRUP ANTHONY IWANICKI, JR- COUNTY OF: ESSEX STATE: MA ROBERT& DIANE GUETHLEN DA LANDING LIMITED PARTNERSHIP AppL. BY: DARBIE LANDING LIMITED PARTNERSHIP NATHANIEL'S LANDING CONDO TRUST 10 WHITE STREET THOMAS MACKEY & SONS SALEM, MA 01970• _ SHEET 4 OF 6 DATE: 09-15-86 35' 40 s 35" SINGLE SLIP 16' 16 40' SINGLE SLIP • 4 4 WOOD OR CONC SURFACE DECK TIMBER OR STEEL PILE CORNER KNEE JX 35' DOUBLE SLIP cl) a 30'DOUBLE SLIP MR a�`c " M•�r yo?/BRUCE 30' 3.5 a TOBIASSON 4 - No. 269730 y FREEBOARD— 18'TO 22" PLAN \L IR POST MHWS 10:2 MHW=8.8' PONTOON FLOTATION T MLW=0.0' —7' ELEVATION --L10 TYPICAL SLIP SETS SCALE IN FEET PURPOSE: MARINA IMPROVEMENTS MODIFICATION TO PERMIT MA-SALE-77-083 FLOAT DETAILS MA-SALE-79-31 DATUM: MLW = O.0' PROPOSED MAINTENANCE DREDGING ADJACENTPROPERTY OWNERS: AND MARINA IMPROVEMENTS HOUSE OF SEVEN GABLES IN: SALEM HARBOR JOHN L. JERDAN AT: SALEM BRADFORD & SANDRA NORTHRUP ANTHONY IWANICKI, JR. DARBIE LANDING COUNTY OF: ESSEX STATE: MA ROBERT& DIANE GUETHLEN LIMITED PARTNERSHIP ADPL. BY: DARBIE LANDING LIMITED PARTNERSHIP NATHANIEL'S LANDING CONDO TRUST 10 WHITE STREET THOMAS MACKEY & SONS SALEM, MA 01970 SHEET 6 OF 6 DATE: 09-15-88 r . - LLL p e w � N R �.t a L a a l+. Q x + L � + Q `''R _� ' v l g +•._ t • L Iii .M1 .• I `O .•a ..`,a r*+ra z _z. zrgrf' � i�X� � + s I r z ?I -r.._. _gyp CS� . r Q a..j, b-S z�3 N �� .t _ '� - C4 1L ^Y 1` die ��\ I 17 R I 1 as to � e ,♦ I 9 Z:r. et� ` � ♦ r• (� =lit 7. 1 Ozer N1 yp f�tl<'` 1rtll�Fd.a`'�f r{t�Y°'�`f Lf�� �I °Ei 1 �`a�� �.,i♦7� ��� y �Nr - _ _ ' ¢ (L� OF a _ T �,t2�;k. ✓� e r� ;5sprco L L til R+ei�4.i. "ir"r q v.F yi-'ID :L1 ` ltd f a♦♦ 1R n [ t � .. �S p I - .: a �Qy LOCATION PLAN a3 i:: i. . $:xa ,C n..'{I, bi "�.��.�: : li�✓. FOR: DGfdre La'drn[ AT: �/� t} �Q%�0� a SCALE: DATE : / DEPARTMENT Of THE ARMY U.S. ARMY ENGINEER DIVISION. NEW ENGLAND CORPS Of ENGINEERS a-Ty9�'�1 _S•OFf !G!P r n.° x'""� 424 Trapela Road s 5 =,a.,•, �u. . i 4 Guy 7 V i MdR-68 " Waltham. Massachusetts 02254-9149 \\\ <w OFFICM eUSHMS P@1wLTT P06 POVATt YY&MW NEDOD—R Conservation Commission C/O City Hall L Ae p Washington St. IMPUTAAT Salem, MA 01970 This it NOT i circalu. � �r�RN `l KbvANb�G/Y DEPARTMENT OF ENVIRONMENTAL QUA i" S DIVISION OF WETLANDS AND WATER�,, WATERWAYS REGULATION PRGGR/ 4 Off ' WATERWAYS LICENSE APPLICATIO,N '� DEPT. I SALEM PLAFORM 1 NNING .8 d W7tkWAYS FILEDa, e recejive use on NAME OF APPLICANT Darbie Landing Limited Partneliu_ :2'�r.--4"" — ADDRESS 10 White Street MUNICIPALITY Salem - COUNTY Esser STATE Massachusetts Zip- - "01970 PROJECT DESCRIPTION To maintenance dredge, modify float aggangement, construct ar.d-maintain ramps-, floats, finger floats and mooring piles. PROPOSED USE: WATER DEPENDENT- X NONWATER DEPENDENT Improvements to existing marina to enhance use by recreational boat owners. BODY OF WATER Salem Harbor _ [ X] TIDAL WATERS [ ] RIVER OR STREAM [ ] GREAT POND [ ] HISTORIC TIDELANDS PROPERTY OWNER Darbie Landing Limited Partnership PROPERTY STREET ADDRESS 10 White Street MUNICIPALITY Salem" COUNTY Essex APPLICANT'S REPRESENTATIVE Waterfront Design Associates ADDRESS 280 South Street, P.O. Box 54 Medfield, MA 02052 CONTACT PERSON Bruce 0. Tobiasson, PE TELEPHONE 359-8348 SIGNATURE OF APPLICANT DATE_ PLEASE TYPE OR CLEARLY PRINT ALL INFORMATION/ e `t�',re•Grt�.[AC''•' 1 rce of `�r��r elf NlJr LYIa.C���Q(! CNf t , \ _� 1Y�✓1r GNPf!('/I (l'/I/IK YLNI/IN/l(R)(/ ./1.IIII(/((/ (��/JOId/IP.P�,/(fJO. .� - ../ !IY %(R(PfIIJR /.1 ✓IP OII/R[.(P(!'A S. RUSSELL SYLVA ��'(u. %li sr fPr b'I+PPI .irJ llsr /r�'!(2d' comm¢sbne! WATERWAYS LICENSE APPLICATION N0. 86-174 DATE October 8; 1986 Dear Applicant: The Department has received your, application requesting authorization to perform certain activities in state waterways pursuant to G.L. Chapter 91, Waterways Licensing. The Waterways Regulation Section has assigned your filing with the above-indicated application number. It is imperative that you refer to this application number whenever you submit or request information for this file. Attached is the Department's public notice for this application. You are required to publish this notice, at you�nSe, in the local newspaper having circulation in the area artected Dy this application pursuant to G.L.c.91,s.18. This notice must be published for at least one day in the local newspaper and there is a thirty (30) day comment period imposed from the date of publication. You are required to submit proof of publication to the Department by sending a copy of this notice showing the date of publication or a letter from the newspaper indicating the date that this notice was published. The Department will concurrently notify the local government and local_conservation commission of the proposed activity for their review and comment. Please be advised, however, that the Department cannot begin licensing review and authorization until at least forty-five (45) days after the municipality has be not? i'= ed o� this application pursuant to G.L.c.91,s.18. In general , the Department will not begin licensing review and authorization for this application until the following information has been submitted to the file: - Proof of publication of the public notice - Expiration of the statutory 45 day notice period - Receipt of a valid final Order of Conditions pursuant to the Wetlands Protection Act ir - Receipt of the Municipal Zoning Certilication (applicable to _ tidal areas only) = Receipt .of a DEQE Water Quality Certification (if applicable) - Completion of MEPA review (if applicable) - Complete and accurate license application and plans S'nould you have any questions with regard to the foregoing, please do not hesitate to contact the Waterways Regulation Section a 292-5695. Sincerely, -Nw / '- l Charles 0. 'atale, �J NL 'ef DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING Division of Wetlands and Waterways Regulation Waterways Regulation Section PUBLIC NOTICE WATERWAYS LICENSE APPLICATION NO. 86W-174 Public notice is hereby given pursuant to G. L. Chapter 91 , s . 18 of the application of ie -Landing Limited Pa in the municipality of Salem authorization, to o for maint nance dred e modifV float arra m floats, finLer floats and mooring files at property located at 10 White Street E r in the municipality of Salem in and over the waters of Salem Harbor The proposed use of the structure (s ) and/or fill is for recreational boat owners The Department will consider all written_ comments submitted within thirty (30) days subsequent to the date of in order to decide whether publication of this notice activity pursuant is to G. L . Cha grant authorization for the proposal must be submitted 0 : Department 91 . Written comments on Proposed Engineering , Division of WetlandsPandmWate �waysvRoonmental Quality Regulation Section , One Winter Street , Boston ,. MA 02108� oF ' Waterways information on this application may be obtained b Division at �_ - -o- urther 29_ 50..5 , y contacting the `58 BROADWAY ST. SALEM. MA 01970 n�i ° J"J NATHANIEL S I NG CONDOMINIUM TRUST WHITE STR SALEM, MA 01970 ROBERT - °.9'AL DIANE L. W * � oM rcn 43 T REST L 70RHOF L 1970 _ N.O.A.A.CHART 13275 . ANTHONY 1WA.NICKI , JR. 47: TURNER,STREET PRIOR LICENSE DATA ,.- SALEM, MA- 01970 #250 (1977) I BRADORD C. & SANDR�I. NORT P #4752 (1963) 49 T NER STREET #2963 (1947) MA 01970 .#2774 - (1945) JOHN L. JERDAN 55 TURNER STREET . #1792 (1936) U) ALEM., MA 0197 \ #1729 (1935) { —1MLWS w - o' V.. . CDH wo zwti wrtrn o z \, FLOOD • 3 EBB cnrw - \ OF DATUM: MLW = 0.0 FEET i � _ niusso 50 100 ► SALE RBOR ar a SCALE IN FEET x �Qi rtp� - FAL EMS - --------- --_-_.PLANS ACCOMPANYING PETITION OF P OF EXISTI CONDITIONS DARBIE-LANDING`LIMITED PARTNERSHIP SHEET 1 OF 5 TO MAINTENANCE DREDGE, MODIFY FLOAT : ARRANGEMENT, CONSTRUCT AND MAINTAIN-RAMPS, FLOATS, FINGER FLOAT -AND"MOORING'PILES IN SALEM HARBOR CITY OF SALEM COUNTY OF ESSEX, MASS AUGUST 1986 ///////////////amim/r�/mamaninnminaum�n�n�n�•/ilii//b/ • iiiiiiiiiiii "'' •.,,,11„�/4i/// • !pvggy/A1 � �r. yea'eek Prri,/�_ - - _ .. ��li����� ���1,�.��ILI�j III II II II , . � • � ��I 1 Il�� . II �• __ 1. '_ . •� �I Ili :I - ,'�i4% 7 9'i// / / / %/1lull• �� surii' p I, ? �viell; F,:c N z, L Notice Of intent Under a_­IacUsei�q V L e a A L S r0i C,C4,7; n C' 1� I� C. I § 11.;: and P C 5� i C fc- 2 De-2l­'Inlenl Of 0le lk.-M.y Perlmt Per! I: ;;encraf lnfornation - I Lcc_--i.cn: S',cc!Address 10 (djjj C Street, Saler_„ E 9 Cj Lct NL;�-,,,-e- 283 '34 &29F% imap 41 2. Project:Type Marina C)cscr:'-':on Improvements to an existing marina including, maintenance dredging, modifv float arrangenlent, construct and maintain ramps, floats, finger floats and mooring piles. 3. Registry:County Essex —Current Book 7574 &P,-e 570 -j�*flcate flf Registered Lpnd) 5080, LC Plan 148571, 744 cf 1938 4. Applicant Darlbie Landing -L Limited Partnership Tel. 745-3661 Address 10 TvJ'nite Street, Salem, ?LA 01970 5. Property Owner_ Darbie Landing Liini.ted Partnership Tel.245-306-1 Address-10 iFhi «n lztrpp{ 1;p1pal Mb Q10-?n 6. Representative Bruce 0. Tobiasson, PE Tef. 359-8348 Address Box 54, Yiedfield. MA 02052 7. Have the Cons ervailcri Commission and the'DEOE Region3f Office each been sent,by cer%i!led mail or hand delivery, 2 Copies of completed Notice of Intent,with supporting plans and documents? Yes M. No 0 Tits, uianccs cd a;prcaaisrequiredby !oca b•- Le Cr aw e.. t ;z ned7 Yes C No Obtained: AF pied For: NO-1 r.pp;ied For: LEOE - Cn . 9, P C CC" - Section _0 9. Is z rc icr. t' ;he wife s "jet: to a Vlet;znds Rest*ie6en Order pars art to G.L. C. -2 , y1057 Yes L' No Lrc. 1C , S:CAcr0.L. 1 C. Lzta :ns and s".^or;Ingg cecuments sutmit!ed with this c;ice ct ln,ent. ICenti'ying Num�e 'LeCcr Title, Da!e '_WDA - 46 -85-1 - Darbie Landing Marina - General arrangement 6/86 WDA - 46-85-2 Darbie Landing Marina - Dredge & Platform Details WDA - 46-85-3 Darbie Landing Marina - Float Details 2520 iiancock Survey Site Detail Plan - Darbie Landing Rev. April_ 3. 1986 Environmental Studies Report Goldberg Zonio et al, March 1985, Mod . April 1986 1 1 .Check !hese resource areas within which work is proposed: (a) ❑ SufferZcne (b)Inland: ❑ Bank° Land Subject to Flooding, ❑ Bordering Vegetated Weiland' ❑ Bordering ❑ lynd Under Water Bcdy&Waterway• ❑ Isolated (c)Coastal: _ 11 Land Under the Ocean' ❑ )Designated Port Area- 0 Coastal Beach ❑ Coastal Dune ❑ Barrier Beach ❑ Coastal Bank ❑ Rocky Intertidal Shore* Cl Salt Marsh ❑ Land Under Salt Pond' ❑ Land Containing Shellfish° ❑ Fish Sun `Lkely to involve U.S. Army Corps of Enginr.ers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 3.2 f'�-'. ! . �ilo Desr•iplioa 12 ;e , in' .r1 pion`:'as tee^ p',,. _ar (c p�z,, r ._ - __ ..,•� cr czlc�'. ,._. _ _._ y ,;Cr.,r � � nd c_tJ:cte�y ce_�-�e ex's''r� s"c eo•;diuo ,,. (�: pan, na ra tlA'e Cf Ca�C J!a ilQ�S) i':a;L'r�!FCat'Jre S: .Scilr —_-- Veceta;ion 7,7 -- J Tcp0c aph" Cper v ler tcd'?s ('�c'ud`:c pends and takes) Fic,.• ; 'r:c -6cdies (Inc!Lin c s eam s) s and river 2! ., .,.ce ria;e'a^'' e c alcr sup; C:. or ?CO (eel c' g d - vrater eye, r .� _ .-. � V.L:. Ca,BS cn„ :,^,r..tion C.` . -- ccucca ies of rese..rca zea, necked a:-,ter -ar;1, i'em ? ; at, :e - Ci ter f✓.an-made Features: Structures (such as bulld;n gs, piers, towers and hezdvra!!s) Haaccc}: Survev 2520 Crainage and f:ocd con;rel facilities at the site and immedsafely of:the site, including culverts and open channels (with inverts), darns and dikes Subsurface sewage disposal systems Hancock Survey 2520 Underground utilities Hancock Sun'ey 2520 Roadways and parking areas Hancock Survev 2520 Properly boundaries, easements and rights-of-way /A Other Part M: Work Description Indicate which of the following information has been provided (on a plzn, in narrative descrip;ion or calculi• tiers) to c!ear!y, complete!y and accurately describe work prcpesed within each of the ressource areas - C!,eckad in Fart I, item i ? above. Identifying Num..berli-etter (of plan, narralive or calculations) P!anview and Cross Sec!ion of: ''Hr 'E "8A Structures (such as buildings, piers, towers and headwaes) / Drainage and flood control facilities, including culverts and open channels (with in er's)• dams and dikes HancockSur.e•. 2520 Subsurface sewage disposal systems & underground uti:ities 4,I?a �5-85-i Filling, dredging andexcavat. in N/A g,indicating volume and composition ofmaterial Compensatory storage areas,where required in accordance with mart Ill, Section 10:57 (4) of the regulations — r/ Other Point Source Discharge N/A Description of characteristics of discharge from point source (both closed and open channel),when point of discharge falls within resource area checked under Part 1,ilea 4 f above,as supported by standard engineering calculations, data and plans, lnc!uding but got limited to the following: • 3.3 t cr� ..egc :.reacon!rtu;�nr13 _p .nt o! di sc zr�n; Frr t O5. 't cl _.C"I YC'cr run. c!' frc• r ' arca, a' -,;�.! �'dlac�use, for �I iC �. ar end Imo., .,.. � �,_... ., z( 1aa_, , .0 ,��; tquenc/ s'cr�t; (:.. a: c,ncc-rI.. y G resource carea c cked oc1 f a.cve; ue., pal . I'em. c an pc_'-c'c'vetcr nen! r uro(i at : roi^.! cf disc�'a•�p easures C_ ;;'e1e!; nd a r!eiy describA, with referee r.ecesszyT ce osu por,inG ;!ansarc! ca,c_:aticnsv:tore fla� Ire C-as L'r_s and designs nrcrosed to me rrn e! ! ,, pe rmzr ce standards se! fcr,h ricer each ogee 2,C0speuGed in part If cr pL-t!II a r,. ac re- II f 1~i l: rC yv v!i�r^.sr Crn r:e_._...�.i„rra Se; .G.rh Urrc c.' t'a�:; re SC::rC L' afea specifiad In p'c't !! G.' p-'' "' C ;:ons to no! f the recu`a- Ccas;c.' y. Resource Area Ty;e: O L^.land Land Under the Ocean Iden;lyrnq number crlener of sucpcn aoccmens Dredoin�• ' o r. A volume of 6, 700 cubic yards of bottom: sediment if required WDA 46-85-1 to be dredged from elevation -3^Mw to -7MLW. This project e:mitigate the siltation of the marina basin that has occurred over a period of years. Land disposal on-site or, by trucking off-site is not desirable nor encouraged due to the proximity bf residential dweliings and difficulty in maneuvering trucks and related congestion of traffic on narrow access roads from the site. Ocean disposal mitigates the problems associated joith land disposal. Mechanical dre0r_. tcchni;,ues .11 be employed to minimize turbid durino dredge operations. itv _ Dredg_ne will be accomplished °U�-'-n g tali. and c;in ter to minimize disruption of any O Ccasla; Resource Mea Type: Inand ng numbererlerer of SUD00't documents. spawning biathic species. The proposed dredging is within areas of preys-oesl" permitted dredging activity. 3.4 3 I I I I � 1 I I I 2. C ec:l'j, _,e!y and accurately describe, with reference !o supeCrl:ng plan„ and CaICUI2(lens:': .er2 necess--r ,, (a) all measures and designs to regu!ata work within the Suffer Zone so as to insure that said work doe<_ net alter an area specified in Part I, Sec!!en 10.02(1) (a) of these regulations;or (b) if work in the EulferZcne will alter such an area, all measures and designs proposed to meet the performance standards established fcr the adr'acent resource area specified in Part Il or Part Ail of these regulations. 0 coas:ad Resource Arca Type ecrdered Ey 1 C0-Foct prsve6onary Zone: I Identily;nq numcer cr le'er 0 InI:.nC II of sup:cn dceumen:s i r ( J r X0£4 a 1 rM (Ic be pr, :hod by CCE) (P,cmo of wale (ay1 �. .-'..�- �❑d addressees ;' ^:operf,• ocmers ad'�irdng year pro^ori lu 70 J^"eft C. Sal-c__` ,, . :dor Chrup S em, ..:G_ .i lUT^.cl" JHS/e T.. _t•'y.•t 5S hroac�:&.v� _ --9C 4. L., i"en nih .r t lemal' aGLQ c Si3�C'... !•L: 01 Qj-� t ,,. e. ,,rcjec a: :es (i.e.,e., other ocat�en �'orc tens; t;'a: .vouid eliminate the disc5arge of dredged or fill material into waters or'wetlands). 5. 8'/2' x 1 1 . drawings in planview and cross•sec:icn, shoving the resource area and the proposed act;-,,. iy,within the resource area. Drawings must be to scale and should be clear enough for photcc-p./ing. Cera cn is r.qu ed from the of Water Po:uti:�n Control tefcre the Federal pem Oan to ju.d. Cerrc,;xn may to ebtaired ty co ri.:c`ng the D:,scn of Water Pe.uti:n Cer..cl, 1 Wr.*r °..wen, tilas�ac^vers 02103. Where the am-y will take dace Hrhin the area under the MassachtLse:s appzved Ceas:ZI Zcra tvianasement Pr6g7EM the 2pp5c.ent cert`,es that h6 proposed seta y oornpEs v%�tj and will be cxr�ucted 1 a mErner that is ccns5 nt wig tr:e apprC%ed prcgram, Hcrrraicn Frci2ed'vill be used in eva!uatd-n the app�;carcn for a permi and s made a m.iter of put.'.- t`cC.'d trough issuanca of a p.:t rc`ce. Dsccsure of Ih5 infer-MztCn 5 vC' —tz',rY. re ma cn is not prCvc'ed. the app:ca:cn can:v to processed nor can a perr..t to i:.sued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and acccmpanyir.g PI s, documen and supporting data are true and complete, to the best of my knowledge. 1 ��1 ature of Applicant y!/) 6� 7� Date / Signature of Applicant's Representative Date 100 (TEST) HED FO RRM '_••••+i•• b CNC Fmew 4748 sVp....d by HQUSACE, 0 U., 1237'. IMAY 82 \'• dosaa tet esmYeios m jmiml Ovpart m0et mf Ibv May emd 31.1. of Idenamm\me pee• opplievlimw ,nor m p.rwil tm mblum pmawuewm to Pea(ora vatv.Lv ,m Um,ted Slee.. metvve. Tb. Off;,* or N•ev maa.ml omd 0mdpm IOU31 ban eppvv..d 160.0 ®mambos ovp.roL b, 'L. US A..F Cmmre of E.,....... Oi11O No.mbav 0792.0078 mod aepvelu• deto If 70 Saptarob., 1209 eppiies•',TA7a + mt eo ae.rot sell b. mol im 6 rain& tiro. 3.6 :Fv coy Conservation Commission ,\(� Salem. Massachusetts 01970 5` City of Salem Conservation Commision Will hold a public hearing under the Wetlands Protection Act, M.G.L. Chapter 131 , Section 40 at the request of the Darbie Landing Limited Partnership, . 10 White Street, Salem. The purpose ofthehearing is to discuss improvements to an existing marina including maintenance dredging, modification of floats, and construction of ramps, floats, finger floats, and mooring piles. The hearing will be held on Thursday, . September 11, 1986, at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran v Chairperson SePt.4 GG/pR201� AUG 0 q 1986 �eftai�/inenG a�(artteu�arzmeic.CaL�u��� �tneeku _- /�I.C�KQ/ta(.CCC7pp�2 /YJ Ud�.Cu7i = �/VaI��l2P..L7dC U Jli��I.. ,. S. RUSSELL, SYLVA 5 Zoammartccaecz�`z �aecacc� Commi.esiunar 935-2160 DATE: 8-2-&6 TOWN: Salem ASSIGNED FILE NO: 64 lir i The Division 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: Darbie Landing Limited Partnersh8hKER OF LAND: same 10 White Street Salem, MA 01970 PROJECT LOCATIOLd: in l.lhto c+C gt, LOT: 92-i,2Ra R mg, Man 41 I PROJECT 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. Very tru1 you , ,�,L- . Sabin M. Lord, Jr. , Deputy Regional Environmental Engineer cc: Conservation Commission, Salem, MA 01970 Bruce 0. Tobiasson, P.E. , Box 54, Medfield, MA 02052 � /�IOI '1 VlK J(MI /•} %��))�f Lill sl(YJ'O SId %(OIPTIIN�/J �IPOO/Nll f.((✓1'O S. RUSSELL SYLVA C�iu %lrsrrPr `.J- lrtPf fnJf/or n�/n� Gommrssioner WATERWAYS LICENSE APPLICATION NO. 174 86- R L DATE October 8, 1986 OCT 1 0 1986 Dear Applicant: SALEM PLA NNIiNG DEPT. I The Department has received your application requesting authoriza to perform certain activities in state waterways pursuant to G.L. Chapter 91, Waterways Licensing. The Waterways Regulation Section has assigned your filing with the above-indicated application number. It is imperative that you refer to this application number whenever you submit or request information for this file. Attached is the Department's public notice for this application. You are required to publish this notice, at your expense, in the local newspaper having circulation in the area aT ected oy this application pursuant to G.L.c.91,s.18. This notice must be published for at least one day in the local newspaper and there is a thirty (30) day comment period imposed from the date of publication. You are required to submit proof of publication to the Department by sending a copy of this notice showing the date of publication or a letter from the newspaper indicating the date that this notice was published. The Department will concurrently notify the local government and local_conservation commission of the proposed activity for their review and comment. Please be advised, however, that the Department cannot begin licensing review and authorization until at least forty-five (45) days after the municipality has be note ied 7 this application pursuant to G.L.c.91,s.18. In general , the Department will not begin licensing review and authorization for this application until the following information has been submitted to the file: - Proof of publication of the public notice - Expiration of the statutory 45 day notice period - Receipt of a valid final Order of Conditions pursuant to the Wetlands Protection Act - Receipt of the Municipal Zoning Certification (applicable to tidal areas only) = Receipt .of a CEDE Water Quality Certification (if applicable) Completion of MEPA review (if applicable) - Complete and accurate license application and plans Should you have any questions with regard to the foregoing, please do not hesitate to contact the Waterways Regulation Section at 292-5595• Sincerely, CN o�l el Section. C of �y 58 BROADWAY ST. SALEM, MA 01970 �.ANATHANIEL S I NG CONDOMINIUM TRUST WHITE STIR SALEM, MA 01970 S�OL.Vsx� ''j6"( ROBERT- DIANE L. a 43 T BEET L A RBOF L 1970 N.O.A.A.CHART 13275 - ANTHONY IWANICKI , JR.. - 47 _TURNER-STREET A9 PRIOR LICENSE DATA.. SALEM, . MA 01970 #250 (1977)- 1BRAD ORD C. - & SANDR1. NORT P G_ #4752 (1963) 49 T NER STREET #2963 (1947) ; MA 01970 0:0 .... #2774 (1945): JOIN L. JERDAN 55 TURNER STREET #1792 .,.(1936) : AL.EM., MA 0197 � #1729 (1935) � N • 1, .. Li 1 \ tJ— —I MLWS,-.. E- - Z _ ". ... `. 606m J co F zwr-- warn WOO � V) w w \ . PLOW o z 1 ` wO:f� . f . 3 MB . OF j� DATUM: MLW = 0.0 FEET 50 0 50 100 SALE RBOR neussoa . h -. SCALE IN FEET PLANS ACCOMPANYING PETITION OF - P OF, EXISTI CONDITIONS C:- DARBIE LANDING'LIMITED PARTNERSHIP SHEET 1 OF 5 TO MAINTENANCE DREDGE, MODIFY FLOAT ARRANGEMENT, CONSTRUCT AND MAINTAIN RAMPS,--FLOATS, FINGER FLOATcl -AND"MOORING_PILES IN SALEM HARBOR __ a CITY OF SALEM COUNTY OF ESSEX, MASS AUGUST 1986 //////au�i•n,lumuunuaumwaiiuiiu/ililin�nu'// rniaiu.1111, minuau�n�.n�u�u /i mi'iiii11Mis.... 'Oi/I"" ..•.;alp„�4ii .II''/ •.'i Ili %%yl/� ��Ai�i�� L"IzMIN�r � �� ��, III . • „ � II � Il�lii��lir I� �III�_ ��� {� I II • I /// �:Sg..=________________Vfi1 ii/ iil� ti'� bi�l II •�I ,olele �� /S /•/ vt� / / II Ale 0 M wo- i% / A" -.4-il % � � ;�% � � I I I� ,a►'4�1� II S. 'iii°' ••�.�'� /`� � d�����������N//////////////// /%i://////// fin^ J 1985 r 4:.L%/;��jan�� ea �pnY)�fC.�ngry rn�izancir ti�fh�.lnt�e(rr✓� 7�'z�pee��ra»a^-- ', '�G[rr�J tO9i mfr%le,�laar�LJn�i �lalGxaYiv1 ✓Ir�icCrzitc�+0 S. RUSSELL SYLVA Commissioner August 11 , 1986 Bruce 0. Tobiasson Owner: Darbie Landing Limited Partnership Box 54 Location: 10 White St. Medfield, MA 02052 Marina improvement, maintanance dredging modify float, construct ramps, floats, etc:'r' 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 provided is not sufficient to make a determination and you must provide the following information: XX A Waterways License is required pursuant to G.L. Chanter 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 plater 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, � an �a Charles. atale, r. Section f ` Waterways Regulation Program cc: Wetlands Section, D.E.Q.E. Region II Salem Conservation Commission Regulatory Branch, U.S. Army Coro of Engineers , N.E. District Wetlands File No. 64-141 -Page 3- Mr. Takis made a motion to continue the public hearing until the next regularly scheduled Commission meeting on Thursday, September 25, 1986. Mr. Harney seconded the motion and the vote was unanimously in favor. Mir. Hobbs was extended an invitation to the site visit on September 16, 1986 at 6:00 p.m. PUBLIC HEARING - Darbie Wharf - White Street Mr. Moran read the notice of the public hearing. �.. Attorney Vallis is present to represent Mr. Joe Schwalbe, owner of Darbie Landing. Mr. Vallis explained the application as being one of maintenance dredging and reconstruction and relocation of the same number of berths as currently exist. The original Order of Conditions was issued in 1976 and allowed for 120 berths and 180 moorings, 60 of which have been installed. Darbie Wharf would now like to dredge 8,200 cubic yards of fill, carry it out to sea and deposite the dredged materials in the Federal Designated Disposal Site. The process will be overseen by the Army Corp. of Engineers. DEQE permits 10,00 cubic yards of dredging to occur before needing to go through their permitting process. Pilings will be removed and replaced. Removed pilings will not be stored on site. Mr. Geoghegan asked the applicant what area is to be dredged. It was responded that the dredging will occur only in the originally designated area. No new area is to be dredged, it is only for maintenance purposes. The applicant was also questioned about the number of berths he is requesting permission for. it was responded that he is not seeking to increase the number of berths, but to do a reconfiguration of berth lay out to provide upgraded services (water, electrical and telephone) to each berth. The reconfiguration will also allow safer access to the berth area. Mr. Moran asked about the rubber tire reef currently existing at the site. Mr. Schwalbe responed that the rubber tires will be removed and disposed of off site. People in other areas want the tires to sink for barrier reefs for fishing. Mr. Geoghegan asked about the proposed time frame for this project. It is responded that the dismantalling and dredging will be done during the -winter months. Mr. Shwalbe would like to have the project completed by April or the dredging will have to wait until next fall (1987) . Mr. Geoghegan then asked about dewatering of the dredged materials. Mr. Schwalby stated that the dredging will conform to all Federal standards, and he does not think that dewatering is one of them. y -Page 4- Mr. Moran asked if there was anyone present to speak in favor of the project. Mr. Ralph Hobbs of 7 Larchmont Road identified himself as the former Harbormaster and was in favor of the proposal. He stated that any improvement to the waterfront is an asset to the community. There was no one present to voice opposition. Ms. Yale asked about the plans for pump-out facilities for the holding tanks. Mr. Schwalbe stated that there are no proposed changes for the tanks. Mr. Takis made a motion to close the public hearing, it was seconded by Mr. Harney and the vote was unanimously in favor. Mr. Moran told the applicant that an Order of Conditions will be available at the Conservation Commission meeting of Thursday, September 25, 1986. SUNBURST - Modifications to parking lot Attorney Dan Reich was present representing Sunburst. On June 12, 1986 the Conservation Commision issued an Order of Conditions to Sunburst. Since then modifications to the parking lot have been determined to be necessary to accomodate tractor trailers using the rear loading docks which are located away from the traffic on Highland Avenue. The proposed extended parking lot will not be located - in a wetland, but will be within 20' of a wetland. Mr. Wear, the applicant' s engineer was running late, so it was asked that technical questions be held for him. Mr. Geoghegan asked if the slope of the bank leading into the wetland would be altered. It was responded that the slope will not be changed and that the proposed paved area will be approximately 10' to 50' (depending on the exact location within the paved area) closer to the bank. Ms. Yale asked for the rip/rap plan in detail for the slope border. Mr. Geoghegan referenced the Orders of Conditions issued by the Commission and asked the applicant about the construction of erosion control techniques which were supposed to be built before construction began. Mr. Geoghegan also questioned the affect the revised parking lot plan would have on the buffer zone. It was responded that the revised plan would bring the pavement right up to the wetland, so that the buffer would be lost. Mr. Geoghegan suggested that erosion control be considered when Orders of Conditions are extended to Sunburst. I -Page 5- . Mr. Geoghegan then questioned the drainage system for the lot. Mr. Moran responded that there is nothing about drainage in the Orders of Conditions now existing for Sunburst. Mr. Geoghegan suggested that the a9plicant build catch basins that connect to the City or State drainage system. It was suggested that Sunburst take borings before a tie in system is built. It is further suggested that Sunburst sit with Mr. Niman, the City Engineer, to discuss tie-in information. Mr. Geoghegan stated that he would be opposed to sheet run-off. Ms. Yale explained that any tie-in system would be a net environmental gain since Sunburst currently is using a septic system. Mr. Moran then suggested that the Commission modify existing orders of r ' Conditions to include the installation of catch basins, no sheet run-off will be allowed off new parking lot, Sunburst will tie into the City/State disposal system, Sunburst will vegetate the slopes, which will not change under the revised plan and Sunburst will provide a detail of the rip-rap prior to construction. Mr. Geoghegan asked about the width of vegetation of the slope. It was responded that the horizontal distance is approximately 201 . Mr. Geoghegan voiced the opinion that 20' of vegetation won't stabilize that much soil and that given the rip-rap requirement, natural vegetation will grow. Mr. Moran then stated that existing Orders of Conditions will stay the same, adding the following modifications: 1 . No sheet run-off will be allowed 2. Sunburst will provide for the run-off to be collected and added to City/State drainage system. Upon motion of Harry Takis and second of Paul Geoghegan it was so voted. MINUTES Mr. Takis made a motion to accept the minutes from July 17, 1986 meeting. Ms. Hogan seconded the motion and it was unanimously passed. OLD BUSINESS Parlee Street development is at a stand still with the bales of hay situated and fill has been dumped but not spread. Mr. Takis volunteered to take a look at the development and possible impacts on the pond. ' SII -Page 6- The issue of Leggs Hill was raised and it was noted that it appears the hill abutting Leggs Hill Pond has been lowered below elevation 40. Mr. Mackey has also not fufilled any of the conditions listed in the Order issued late last year. Following some discussion, it was agreed that Mr. Moran will discuss the matter informally with Tim O'Keefe, Mr. Mackey' s attorney. If no cooperation is forthcoming, a Cease and Desist will be issued. Ms. Yale brought up the issue of the control structure for the elevation of Leggs Hill Pond. The Army Corp. of Engineers might require a Chapter 91 license. Tom Rouleau will talk to DEQE about the control structure and when the necessary paperwork is completed, the structure will be built. NEW BUSINESS Ms. Yale informed the Commission that in November, 1987 the Wetland Protection Act will be amended to include wildlife habitat as an area significant to the Act. The new regulations will be forthcoming from DEQE and will be passed along to Commissioners as soon as Ms. Yale receives them. DEQE also welcomes any suggestions from Commissioners concerning the amendment. Once again the burden of proof for not disrupting the habitat will fall with the applicant. Mr. Moran believes the amendment will add an arbitrary connotation to the Wetlands Protection Act with each Commission able to use the amendment at will. Mr. Geoghegan responded to Mr. Moran with information regarding the quantifing of wildlife habitat and how this quantifing process can be applied to all wetlands considered before the Commission has to come to wildlife habitat conclusions. Ms. Yale brought an amendment to the Safe Drinking Water regulation to the attention to the Commission. This amendment could influence some development in the City, particularly regarding Thompson' s Meadow. Ms. Yale brought a memo she received from Mr. Blenkorn (the Board of Health) to the Commission' s attention. The memo concerned itself with the condition of the Conservation Commission' s property near the former Lead Mills. Mr. Blenkorn noted that the property is a health hazard and asked the Commission to clean it up. Ms. Yale told the Commission she has contacted various City Departments in the effort to clean the property, but that progress will probably be slow. Mr. Harney proceeded to bring up the issue of the Rich' s drainage agreement. A question was posed in reference to Mr. Stasinos' s project and what his run-off drainage system is in his project. The Commissioners requested to know what had been done by Mr. Stasinos to provide for connecting into the State run-off disposal system. It was responded that nothing has been done to accomodate this. Mr. Stasinos' s plan currently has the drainage going into a pipe which goes up against Rich' s and is dead ended. Page 7- Nick Fiore, an abutter to Rich' s, has already stated that any increase in water on his property will result in law suits for all parties involved. Rich' s has been cooperative and has agreed to take excess water. Ms. Yale mentioned that the Commission could certainly comment on the Stasinos project in the form of a letter. Mr. Harney stated that the drainage plans look incomplete and would like the details as to where run-off and drainage is going, especially since there are Wetlands across the street. It was then suggested that the Commission ask Mr. Fiore to clean up the Auto Repair shop so that if additional waters cause problems all the oil and grease will not go into the wetlands. Mr. Moran told the Commission that the Pheonix School called and asked permission to use Conservation Land next week. Permission was granted. The Moose Lodge on Highland Avenue also contacted Ms. Yale to request an extension of their Order of Conditions which has been delayed until the culvert under Highland Ave. is cleaned. Mr. Moran suggested granting them a one year extension. It was so r voted. The Fire Department contacted Ms. Yale about the removal of old gas and oil tanks 50' from the South River. There is a wall between the removal site and the river. The Fire Department wanted to get the job done quickly, so did not notify the Conservation Commission before work was begun. They, however, have notified DEQE and will keep us informed if any problems arise. John Smedile has brought the unsightly nature of the land near the North River near Goodhue Street to the Commission' s attention, since trash is dumped into the river. Harmony Grove Cemetery and Salem Oil & Grease own the property and it was suggested that Salem Oil & Grease be contacted in order to clean it up. Mr. Moran made a motion to adjourn and the motion was seconded by Mr. Doyle. The vote was unanimously in favor. The meeting was out at 9:00 p.m. Respectfully submitted, Cyn Carr (� Clerk of Commission 541E o b_- lxr- •OLD, ENCR04CAW. 5NTS i /NTD f1�1RBOR `z, p�� J � LOl S lt�oo0 BU/LD/NGS QR6,4 EizzlEo WIrNOUT z x ON CONCZETE <FRO�t Z C��485 TO 19,31 9�3/ V,- �4 -- ✓F \ \ S-AEM 5T ET P/UNGS 5 2gOD is.F ?o FTS AdIF30/z BU/LD/NG ?ODF A e6,,4 FILLED ` 17/ BOUT LICENSE. �Y/2RMONG 2"OfF ` �5 rR1oV-- To �!3 4 KNo r,5AIOWN �� ��s \ UGU T LOCUS T��� ON L.C.c /49- -) m LOCUS \\� 1�LE F SC fQCE- 2ooF C ,BLOCK - j v9RN_QN_0 \ `v CSN G o _ t ` 0 8 UI L D/N our, Q `r x L Sx Z.,4 SLI TE N CO2_ BU D - i /Z � � /5 O;�FF LDc_rs n! ,.. : ~-X FD.) ~ LL E 11.55ESSOZS /(�111P 4/ OPENE/z L30X O r- o �•p2'4�� FENCE : ?�,o N 2ET �� wQ� ��� LOTS Z83,Z8� �' !�V/CONC. BOISE 5 '3 C�IQIN NE 130-.�. : : ?� r, _.0 G�4 -- � u CD�IC,C'ETE 8 Z8 I EL EC. x O --� u N , \5-- wT Z 9 C/1�1/N .� ' �~ aQ I /V z3 37 40 W �. 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