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PORTER RIVER - ZONING (2) COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS 1 DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 DEVAL L.PATRICK RECEIVED IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY JUL 3 1 2008 LAURIE BURT Lieutenant Governor DEPT.OF PLANNNVG& Commissioner COMA"JMTY DEVELOPMENT Harborview Properties, Inc. C/o Wetlands and Land Management 100 Conifer Hill Drive-Suite 516 Danvers, MA 01923 Attn: William Manuell p E� RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE JUL 2 8 2008 Waterways License Application No. W08-2242, License No. 12209 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: httpl/w .mass.gov/dep Printed on Recycled Paper RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Waterways License Application No. W08-2242, License No. 12209 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, 5th 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. W08-2242, License No. 12209 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: http://www.mass.gov/dep/service/adr/adiherfm.doe. 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 # 12209 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. 12209 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. Xbt IDItB uonwaft of MazzaOtta to No. 12209 a ' M loom a, Harborview Properties, Inc. of -- Danvers--, in the County of -- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- amend Department of Environmental Quality Engineering (DEQE) License No. 1080 by reconfiguring and reducing the number of slips from forty (40) to eight (8); and to construct and maintain concrete block seawall by placing fill with in the existing boat ramp licensed by Department of Public Works License No. 5084 -- 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, swbjeGt tQ the appFeval of the GeyefMar, 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 -- amend Department of Environmental Quality Engineering (DEQE) License No. 1080 by reconfiguring and reducing the number of slips from forty (40) to eight (8); and to construct and maintain concrete block seawall by placing fill with in the existing boat ramp licensed by Department of Public Works License No. 5084 -- 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. 12209, (3 sheets). PRINTED ON RECYCLED PAPER License No. 12209 Page 2 The structures hereby authorized shall be limited to the following uses: to provide noncommercial docking and boating access to navigable waters and shoreline stabilization. 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 easterly/westerly sides of the pier authorized herein. 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. Existing structures and fill previously authorized under Department of Public Works License No. 5084; and Department of Environmental Quality Engineering (DEQE) License No. 1080 shall be maintained in accordance with conditions of said licenses and plans. 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 12209 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. 12209 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. S. 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. 12209 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 .ruiy in the year two thousand and eight Department of Program Chief vv — 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 Co wealth. BOSTON, ed by the-Gove=L— --Cevem07— v �. . 12o�zc Q „Erc�� IL IL SZ. W J 0 0 LOCUS PLAN • �O0y1T 1 : 25,000 F /OPU Q i vpEtt P `1= ' 4 _ ; \ op rz CD z F4CD 1Z 3 � \ N ; 345.00 1 RIVER STREET 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 IN THE PORTER RIVER DANVERS, MASSACHUSETTS 220 SEPT. 28, 2007 'v -n �---m" EASTERN LAND SURVEY ASSOC., INC. 9�j, 104 Lowell St. Peabody,Ma. 01960 . REVISED 4-29-2008 CIF-FT 1 (1F 3 ------ -- PORTER RIVER FLOOD (TIDAL) EBB 03 U I yam Conc. Block wall to Remain o o� SFp 1 a yp 5 P 3=9 _ �, 0 \ PROVIDE RESTRICTIVE SIGNAGE �'� ON OUTERMOST FLOATS W I 0 ON 0 9 N 0 \k' V \ Ar = 1.99t Ac. -- 345.00 RIVER STREET 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 N1Q 2-©cj 1 =80 SEPT. 28, 2007 Approval by Lr)epactmeri of Eodironmantal Protection; _ EASTERN LAND SURVEY ASSOC., INC. ©ate: 104 Lowell St. Peabody,Ma. 01960 "JUL-2 8 2006 RE'ViSED 4-29-2008 SHEET 2 OF 3 F 13515 SECTIONS 1"=4' 0 2 4 8 SECTION A—A SECTION B—B 4' PROPOSED 6' PROPOSED FLOAT FLOAT L41 PROP. FLOTATION PROP. FLOTATION UNIT UNIT Proposed SECTION C—C Surface Proposed Conc. Block Wall SOLID Top = 7.50 FILL -Existing — — — 4. = S. Surface 0 4 8 16 PLAN TO ACCOMPANY PETITION OF HARBORVIEW PROPERTIES, INC. For Proposed Change of Use of Filled idelands and to Construct & Maintain Floats IN THE PORTER RIVER DANVERS, MASSACHUSETTS CROSS SECTIONS LICENSE FLAN NOE22o� SCALE AS NOTED' SEPT. 28, 2007 EASTERN LAND SURVEY ASSOC., INC. Date: vsli by Department of Environmental Protection Date: 104 Lowell St. Peabody,Ma. 01960 ALL 2 2EVISED 4-29- 2008 SHEET 3 OF 3 - F 13515