PORTER RIVER - ZONING COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
DEVALPATRICK RECEIVED
IAN A.BOWIES
Governorr 1Fdl 1�/-ECEI1!
Secretary
TIMOTHY P.MURRAY 31
Lieutenant Governor 2008 LAURIE BURT
JUL
Commissioner
DEPT.OF PLANNING&
COM IiWI Y DEVELOPIABENT
Harborview Properties, Inc.
C/o Wetlands and Land Management
100 Conifer Hill Drive— Suite 516
Danvers, MA 01923
Attn: William Manuel]
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W08-2241, License No. 12208
Porter River, Danvers, Essex County
Dear Licensee,
The Department of Environmental Protection hereby issues the above-referenced Waterways
license, enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91, the Public
Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure
or fill not authorized by this license shall render this license void.
This License is not final until all administrative appeal periods from this License have elapsed, or if
such an appeal has been taken, until all proceedings before the Department have been completed.
The appeal period is for twenty-one (21) days. No work shall be undertaken until the License has
become final and 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
RECORDING OF THE LICENSE
This License must be recorded at the Essex County, Southern District, Registry of Deeds or, if
registered land, with the Land Registration Office within sixty (60) days from the date of license
issuance. In the case of recorded land, the License shall also be noted in the Registry's Grantor
Index under the name of the owner of the land upon which the project is located. In the case of the
registered land, the License shall also be noted on the Land Court Certificate of Title of the owner
of the land upon which the project is located. Failure to record this license within sixty(60)
days of the date of issuance will render this license void pursuant to 310 CMR 9.18.
A Waterways License Recordation Notice Form has been enclosed for your use in notifying the
Department of the recording information for this License. Failure to notify the Department of the
recording of this license is a violation of 310 CMR 9.00 and is subject to enforcement action
by the Department.
This information is available in alternate format Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207.
MassDEP on the World Wide Web: httpJ/w .mass.gov/dep
0 Printed on Recycled Paper
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W08-2241, License No. 12208
Porter River, Danvers, Essex County
REQUEST CERTIFICATE OF COMPLIANCE
Pursuant to 310 CMR 9.19, once the proposed project is completed you must file a Request for a
Certificate of Compliance form, BRP WW05, within sixty (60) days of completion but in no event
later than five (5) years from the License's issuance date. The license for any project for which
such a request is not filed and certificate issued may be revoked pursuant to 310 CMR 9.26.
APPEAL RIGHTS AND TIME LIMITS
The following persons shall have the right to an adjudicatory hearing concerning the Department's
decision to grant or deny a license or permit: (a) an applicant who has demonstrated property
rights in the lands in question, or which is a public agency; (b) any person aggrieved by the
decision of the Department to grant a license or permit who has submitted written comments within
the public comment period; (c) ten (10) residents of the Commonwealth, pursuant to M.G.L. c.30A,
§10A, who have submitted written comments within the public comment period; (d) the municipal
official in the affected municipality who has submitted written comments within the public comment
period; (e) CZM, for any project in the coastal zone, if it has filed a notice of participation within the
public comment period; and (f) DEM, for any project in an Ocean Sanctuary, if it has filed a notice
of participation within the public comment period.
To request an adjudicatory hearing, a Notice of Claim must be made in writing and sent by certified
mail or hand delivery to the Department with the appropriate filing fee specified within 310 CMR
4.10 along with a DEP Fee Transmittal Form, within twenty-one (21) days of the date of issuance
of this decision and addressed to:
Case Administrator
Department of Environmental Protection
One Winter Street, 2° Floor
Boston, MA 02108
A copy of the Notice of Claim must be sent at the same time by certified mail or hand delivery to
the applicant, the municipal official of the city or town where the project is located, and the issuing
office of the DEP at:
Department of Environmental Protection
Waterways Regulation Program
One Winter Street, 5`" Floor
Boston, MA 02108.
CONTENTS OF APPEAL 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;
(f) a clear statement that a formal adjudicatory hearing is being requested;
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W08-2241, License No. 12208
Porter River, Danvers, Essex County
(g) 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
(h) 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.
APPEAL 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 - DEP in the amount of one hundred dollars ($100) must be
mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lock Box
P.O. Box 4062
Boston, Massachusetts 02211
The DEP Fee Transmittal Form is available at the following website:
htti3://www.mass.gov/dep/service/adr/adiherfm.doc. 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.
Please feel free to contact David B. Slagle of the Waterways Regulation Program, (617) 654-6520,
if you have any questions pertaining to the recording of your Waterways license or Certificate of
Compliance.
Sincerely,
Ben Lynch
Program Chief
Waterways Regulation Program
cc: Salem, Board of Selectmen
Salem, Conservation Commission
Salem, Planning Board
Salem, Harbormaster
Ecc: DEP/NE Wetlands File #
EOEEA, MEPA Unit File #00000
Enclosure(s) Waterways License # 12208
Notification of Waterways License Recordation form
Ben Lynch, Program Chief
Waterways Regulation Program
Department of Environmental Protection
1 Winter Street, 5th Floor
Boston, Massachusetts 02108
RE: NOTIFICATION OF RECORDING THE WATERWAYS LICENSE
Waterways License No. 12208
Porter River, Danvers, Essex County
Dear Mr. Lynch:
This is to notify you that the above referenced Waterways license was recorded with the
appropriate Registry of Deeds/ Land Court for this project location and to provide your office with
the following recordation information.
Date of Recordation:
County Registry of Deeds/Land Court:
Book number , and page number(s)
We will apply for a Certificate of Compliance with your office when the authorized work or change
in use is completed.
Sincerely,
Chapter 91 Waterways Licensee
License is void if not recorded within sixty(60) days of issuance.
No. 12208
x
�11PZeFts, Harborview Properties, Inc..
of -- Danvers--, in the County of -- Essex and Commonwealth aforesaid, has applied to the
Department of Environmental Protection for license to -- construct and maintain seasonal
gangway and floats
c
and has submitted plans of the same; and whereas due notice of said application has been
given, as required by law, to the -- Board of Selectmen -- of the --Town of Danvers; ---------
NOW, said Department, having heard all parties desiring to be heard, and having fully considered
said application, hereby, , authorizes and licenses the
said
-- Harborview Properties, Inc. --, 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 seasonal gangway and floats
in and over the waters of -- Porter River in the -- Town -- of -- Danvers-- and in accordance with
the locations shown and details indicated on the accompanying DEP License Plan No. 12208, (3
sheets).
PRINTED ON RECYCLED PAPER
License No. 12208 Page 2
The structures hereby authorized shall be limited to the following uses: to provide noncommercial
docking and boating access to navigable waters.
SPECIAL CONDITIONS
This license will amend Department of Environmental Quality Engineering License No. 1080 and
shall expire thirty '(30) years from the date of issuance.
In accordance with any license condition, easement, or other public right of lateral passage that
exists in the area of the subject property lying below the high water mark, the Licensee shall
allow the public in the exercise of such rights to pass freely under all structures within such area.
Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on the
northerly and southerly ends of the existing timber bulkhead. Said signs, provided by the
Department, and shall be posted immediately upon receipt. Nothing in this condition shall be
construed as preventing the Licensee from excluding the public from portions of said structure(s)
or property not intended for lateral passage.
All work authorized herein shall be completed within five (5) years of the date of license issuance.
Said construction period may be extended by the Department for one or more one year periods
without public notice, provided that the Applicant submits to the Department thirty (30) days prior
to the end of the construction period, a written request to extend the period and provides
adequate justification for said extension.
By written request of the licensee for an amendment, the Department may grant a renewal for a
term not to exceed that authorized in the original license.
Please see page 3 for additional conditions to this license. ------------------------------------------------
------------------------------------------------------------ -
Duplicate of said plan, number 12208 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. 12208 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 orfill authorized herein shall renderthis 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.
B. 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.
License No. 12208 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 -- Harborview.Properties, Inc. --
by paying into the treasury of the Commonwealth -- two dollars and zero cents ($2.00)-- for each
cubic yard so displaced, being the amount hereby assessed by said Department. (0.0 cu. yds. _
$0.00)
Nothing in this License shall be so construed as to impair the legal rights of any person. This
License shall be void unless the same and the accompanying plan are recorded within 60 days
from the date hereof, in the Registry of Deeds for the County of -- Essex -------
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their
hands this 28th day of July in the year two thousand and eight
Department of
Program Chief Environmental
Protection
THE COMMONWEALTH OF MASSACHUSETTS
This 'aG-R-.n,-;n- is approved On GonsideratiGn of the payment into the treasury of the
the said --
the further sum of -
the amount determined by the Governor as nd equitable charge for rights and privileges
hereby granted in the land of the Co ealth.
BOSTON,
-Iplproilgod- by the Gavornor
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RIVERSTREET I I
EXISTING CONDITIONS PLAN
SITE PLAN 1'=80'
PLAN TO ACCOMPANY PETITION OF �
HARBORVIEW PROPERTIES, INC.
For Proposed Change of Use of Filled 0 40 80 160
Tidelands and to Construct & Maintain Floats N
IN THE PORTER RIVER . 220$
DANVERS, MASSACHUSETTS
JUNE 18, 2007
EASTERN LAND SURVEY ASSOC., INC.
104 Lowell St. Peabody,Ma. 01960
REVISED 9-2407
4-29-08 SHEET 1 OF 3 _
PORTER RIVER
��FLOOD (TIDAL) EBB
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Wall to Remain
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345.00
RIVER STREET
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PLAN TO ACCOMPANY PETITION OF SITE PLAN 1"=80'
HARBORVIEW PROPERTIES, INC.
For Proposed Change of Use of Filled 0 40 80 160
Tidelands and to Construct & Maintain Floats
IN THE PORTER RIVER
DANVERS, MASSACHUSETTS
PROPOSED CONDITIONS PLAN LICENSE PLAN No12 70
1"=80' JUNE 18, 2007 Approved by Department of Environmental Prote8on
EASTERN LAND SURVEY ASSOC., INC. Date:
104 Lowell St. Peabody,Ma. 01960 L 8
REVISED 9-24-07 4-29-08 SHEET 2 OF 3
0 10 20 80
SEC11ON A—A
PROP. BUILDING PROP,
DECK
UNITS 10 - 13 PROPOSED
GRADE
— - - - - -- - - - - - MHW
EXISTING GRADE —�
ML%
SECTIONS 1"=4'
0 2 4 8
SECTION B—B SECTION C—C
4 PROPOSED 6' PROPOSED
FLOAT FLOAT
PROP. FLOTATION PROP. FLOTATION
UNIT UNIT
PLAN TO ACCOMPANY PETITION OF
HARBORVIEW PROPERTIES, INC.
For Proposed Change of Use of Filled
Tidelands and to Construct & Maintain Floats
IN THE PORTER RIVER
DANVERS, MASSACHUSETTS
CROSS SECTIONS LICENSE PLAN NO. 2208
SCALE ' AS NOTED JUNE 18, 2007
EASTERN LAND SURVEY NC. ed by Department of Environmental Protection
ASSOC.,' DRte:Date: FjU,L
104 Lowell St. Peabody,Ma. 01960
REVISED 9-24-07 4-29-08 SHEET 3 OF 3