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HAWTHORNE COVE MARINA - ZONING ,per �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 DEVAL L.PATRICK - RECEIVED IAN A.BOWLES Governor NOV 2 0 2009 Secretary TIMOTHY P.MURRAY - LAURIE BURT Lieutenant Governor DEPT.dir PLAtViNG& Commissioner C0 1f'MK1ilY DBIELOMEW Hawthorne Cove Marina C/o Vine Associates, Inc. 372 Merrimac Street Newburyport, MA 01950 Attn: Susan St. Pierre Re: Waterways License Application No. W09-2609, Draft Waterways License, Proposed marina building, Salem Harbor, Salem Dear Ms. St. Pierre: The Department of Environmental Protection has tentatively approved the referenced License Application. Pursuant to 310 CMR 9.14(2) (b) a Draft Waterways License is enclosed. A copy is also being forwarded to the following party as required by 310 CMR 9.14(6) (d): Sandra Northrup, Linda and Douglas Haley and Joni B. Lawrence A valid Waterways License shall be issued twenty-one (21) days from the date of the issuance of this Draft License if the Department has not received a written request, by certified mail, for an adjudicatory hearing pursuant to section 9.17(2). Adjudicatory Hearing Process Any party requesting an appeal of the Department's issuance of the Draft License shall mail the original request for an adjudicatory hearing and a cM of the check for the appeal fee to: Case Administrator Department of Environmental Protection One Winter Street—2nd floor Boston, MA 02108 This information is available m alternate format.Call Donald M.Gomm,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. MassDEP on the World Wide Web* http'it/w .mass.gov/dep r, Printed on Recycled Paper 1 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: Ben Lynch, Program Chief Waterways Regulation Program Department of Environmental Protection 1 Winter Street, 5`h Fl. Boston, MA 02108 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. 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. At the same time, pursuant to 310 CMR 9.17, a copy of this appeal shall be sent by certified mail or hand delivery to the applicant, and other parties to this proceeding, if any, and to the municipal official of the city or town where the project is located. In addition, this appeal must include a statement that the appropriate copies have been delivered as described herein. If you have any questions, please feel free to contact David B. Slagle at (617) 654-6520. Sincerely, Ben Lynch Program Chief Waterways Regulation Program cc: Salem- Mayor and City Council Salem— Conservation Commission Salem—Harbormaster Salem=Planning Board] Northrup Haley Lawrence File calbe (fouunouw alto of fitaganouse##s No. DRAFT a i M �Jftereme Hawthorne Cove Marina of -- Salem --, in the Count of -- Essex -- and Commonwealth aforesaid has applied to the Y PP Department of Environmental Protection for license to — construct and maintain a 2,200 square foot single story marina building; install and maintain gas, water, sewer and electrical utility lines and remove two (2) existing trailers ----- 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 -- Hawthorne Cove Marina --, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to -- construct and maintain a 2,200 square foot single story marina building; install and maintain gas, water, sewer and electrical utility lines and remove two (2) existing trailers ----- in and over the waters of -- Salem Harbor -- at 10 White Street -- in the -- City -- of -- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. DRAFT, (2 sheets). PRINTED ON RECYCLED PAPER License No. DRAFT Page 2 The structures hereby authorized shall be limited to the .following uses: to provide for office and marina support space, restroom facilities and utilities to service the proposed marina building. SPECIAL WATERWAYS CONDITIONS 1. This license is valid for 30 years from the date of issuance. By written request of the licensee for an amendment, the Department may grant a renewal for the term of years not to exceed that authorized in the original license. 2. Any utility services provided at the marina shall be constructed and maintained in compliance with all applicable local and state requirements. Please see page 3 for additional conditions to this license. -------------------------------------------------- i ------------------------------------------------------------------------------------------------------------------------------- Duplicate of said plan, number DRAFT 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. DRAFT Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform to all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who .have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee,except with the written consent of the owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act, G.L. Chapter 131, s.40. 8. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP. 9. This License authorizes structure(s)and/or fill on: X Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks,for the purposes of fishing,fowling, navigation,and the natural derivatives thereof. _Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. _Navigable River or Stream. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, in the waterway. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10. Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates,fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. r License No. DRAFT Page 4 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said -- Hawthorne Cove Marina -- by paying into the treasury of the Commonwealth -- zero dollars and zero cents ($0.00)-- for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.0 cu. yds. _ $0.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of-- Essex ------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this day of in the year two thousand and nine Department of Program Chief Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS the said — -- the further sum of the amount determined by the Governor as and equitable charge for rights and privileges hereby granted in the land of the C =wealth. BOSTON, PF GOVeFROF pILINGs PART Ofs�! it's Z (N l S? PLAN) SITE Q �o N zw to z ED �' wo micD oa z m` gN '• a Q F Z Wa'3: w w o 4 ��� • o o LOCUS MAP p o ca W m L YMV3S 311Nb'a9 Q - wP2Z_ ^ a N� CONC. M i 'i I1 W=N I+I y\o�m '31ZFa JH ZI Z"ZWn ¢ ' WYj wo cr NYQ V N r-� �. ids_ GftP a Wy ' C)C( m V3 ZUd 4 N m }O W l 3 J mr w¢ Y W W rQ0 J .n a V ui �Nm: WOE kKYOv f�j C)KL 00 \ 10- m3; 4,z0 6� . ZQ / V1 X0 woo m uo m o w DWELLING o ul o ? a 3z3> V awx ° <� ox z - �'� wa z � ' W3 Z N o = w oLnw ciZm �u Qom i _ loy o"R koo€ w c ~O w�omU ��o- � s I` zamo z > � w z m_ p � PT PB EXI511ND gU1LDINOF 1 "' xr o POR; =z= 3 a o-� FUr j . ,� oma' < �3 ___.i B. 9 < DRAM VINE . =0.0 _ Na. 2930$ �++ ✓ '��� R=139 p C 9�Gf5TGe�a� a ti z € �WpOD ST -WHITE STREET LLI N WOOD WIDTH) OG- -2 �Z G N/F . . . VARIABLE - DWE ...prrnwE�s u,NOINe ,. - (PUBLIC- 0'. .. SHEET. 1 ,OF 2 P N `ACCOMPANYING -THEz PETITION OF: ` ORNE aC© aMARINA - = ' ' ARINA BUI+ 'I G�REPLAGEMANT. I= lNU wl 3 z Q < 1 1:.� _ �- '� _ �N � _ t_• 43 adv f�l l ;.. ea• �o ?II 'ZO cxl� 11� WI u„� e 1-Z a_ d o Z oW r ✓� " �- �"'� I m ti3 3M3S = ' CID — .z_wo Zso- -�.<oz o o ���p pvfl W �. Q 7-1 ZWW �c <_ _i Z Q V �. - -'Q C) v. :Ui - i w Z GI moo¢ vo. - xw x�w W m WMXEL - m I �' bZ� CL It �— xF w ZWWQi- w CD ¢Q'W x m w Q 1 E 4 1 s a 41 , f 14E I P N t 1 PN N .._ Yda 93as { cTOr� v 2 ANI-LS L 11{ ISSE�Il 1 - dONDDM�Nlo6 PLA ��_.� ... .. PLPN BODK PLA CC+ PAIV} G e',PET171QN OF: MARI 6UILUIN EPLACEMANT �A QF SHEETS