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23 CONGRESS STREET - ZONING BLATMAN, BOBROWSKI, MEAD & TALERMAN, LLC ATTORNEYS AT LAW Concord Office 30 GREEN STREET 9 DAMON MILL SQUARE,SUITE 4A4 CONCORD,MA 01742 NEWBURYPORT,MA 01950 PHONE 978.371.2226 PHONE 978.463.7700 FAX 978.371.2296 LISA L.MEAD FAX 978.463.7747 Millis Office Lisa@bbmatlaw.com 730 MAIN STREET,SUITE 28 MILLIS,MA 02054 PHONE 508.3768400 FAX 508.376.8440 October 11, 2016 Certified Mail Ben Lynch Wetlands and Waterways Commonwealth of Massachusetts Department of Environmental Protection One Winter Street Boston MA 02108 Re: Salem Waterfront Hotel Ch. 91 License 14073 (the "License") / Draft Management Plan Dear Madam/Sir; Reference is made to the above captioned matter. In that connection, pursuant to Special Condition 13 of the License I am attaching the Draft Management Plan for comments within the thirty (30) day comment period. Please let me now if you have any questions. Lisa L ead cc: Distribution List Attached enclosure RECEIVED OCT 17 2016 DEPT. OF PLANNING& COMMUNITY DEVELOPMENT DISTRIBUTION LIST SALEM WATERFRONT HOTEL Kimberley Driscoll, Mayor City of Salem 120 Washington Street Salem MA 01970 Salem Planning Board City of Salem 120 Washington Street Salem MA 01970 Salem Conservation Commission City of Salem 120 Washington Street Salem MA 01970 Salem Harbor Master City of Salem Winter Island Road Salem MA 01970 Office of Coastal Zone Management Commonwealth of Massachusetts 2 State Fish Pier Gloucester, MA 01930 MA Division of Marine Fisheries Commonwealth of Massachusetts 30 Emerson Street Gloucester, MA 10930 Susan St. Pierre Susan St. Pierre Consulting Services 74 Bay View Avenue Salem, MA 01970 Anthony Sasso M.R Rockett Management Co., Inc 23 Congress St Salem, MA 01970 Joelle Bird Miyares and Harrington LLP 40 Grove St Suite 190 Wellesley, MA 02482 Stephen Falvey New England Regional Council of Carpenters Union Local 111 750 Dorchester Ave Boston, MA 02125 Salem Waterfront Hotel Expansion Public Access Facilities Management Plan Draft October 11, 2016 i 1. introduction Location The Salem Waterfront Hotel Expansion Project is located at 23 Congress Street in Salem, MA. The Project is located on filled tidelands and required authorization under-fhe state Chapter 91 program.A Chapter 91 License (No. 14073) (the "License")was issued for thoject on June 8, 2016. Purpose of Management Plan Special Condition 13 of License No. 14073 requires the preparation of this.Management Plan for public facilities located on the site. According to that license condition, the purpos6,,6fthe Management Plan is "to achieve effective public use and enjoyment of all'pGblicly accessible facilities',wfiile minimizing conflicts with other legitimate interests including the pFotection------eivate property andnatural resources." To that end,the following provisions address the long-term programming;management, and maintenance of publicly accessible space and identifies the roles and responsibilities of the management entity(s) responsible for the RroJect 2. Public Access Failures Governed by the Management PI'an This Management Plan apphesrto on and offsite faallt-_J as described below and shown on Sheet 2, Site Plan; Sheet3;Secorid:Floor Plan antl Ground Floor Plan-Si eet 6, Landscape Plan; Sheet 7, Off Site Walkway Im"provemeftts at Pickering Wharf Plan Views,arid Sheet 8, Observation Platform; Plan View; all as are shown on Plan Book 22 Plan 454',as,recorded it the Essex South Registry of Deeds On Site Facilities (see Sheet 2, Site Plan; Sheet 3, Ground Floor Plan;Sheet 6, Landscape Plan; and Sheet 8;w'Observation Platform; Plan view. o Ground Floor Facilities of Putilic Accommodation The ground floor of the..Salem Waterfront Hotel Expansion includes Facilities of Public Accommodations including a hotel lobby and reception area, a restaurant and bar, and public restrooms. i 0 20 foot wide (SO-foot clear) Horborwalk(approximately 206 linear feet in length) The Salem Waterfront Hotel Expansion Project includes 20-foot wide, 10-foot clear walkway located along the South River along the southerly property line that provides a connection between the Congress Street Bridge to the west and ithe existing Pickering Wharf public walkway system to the east. 1I Page. 0 10 foot clear walkways on the north and east sides of the building There are 10 foot clear walkways located along the north side and east sides of the building. The northern walkway provides a connection from Congress Street to the Salem Waterfront Hotel Expansion building and to other sidewalks and walkways located at the Salem Waterfront Hotel and the adjacent Pickering Wharf complex. The eastern walkway connects to the northern walkway and provides a connection to the 20-foot wide Harborwalk along the South River and the off-site public waterfront walkways in the Pickering Wharf complex. o Seasonal Outdoor Dining Area An exterior seasonal outdoor dining area is located on the,7!i theasterly portion of the site; a portion of which is located in the landward 10 feet of the=,aforementioned 20-foot wide Harborwalk. During the offseason, all portable componentsof the seasonal outdoor dining area shall be entirely removed from the Harborwalk and shall not obstruct public access. o Gateway Structure _ The southwest side of the building along Congeess Street includes a Gateway element comprised of a building turret, which shall be activated atthe.groundjevel with public art:or other elements consistent with the Salem Municipal Harbor PIa (MHP), except duringthe winter months. o Landscaped Areas The site includes a sm61Flandscaped area along the Westside of the building that includes lowering/deciduous trees and,-shrubs, eveFgre.varieties ab_d herbaceous plantings for seasonal displays:a!long Congress Street A green wall is located along the east side of the building to screen the�service area. The granite seat wall located between the outdoor seasonal dining and the.10 foot tlear Harborwalk contains,concrete planters that will contain seasonal plantings. o Sitei'09htin g Low I,6VO,,on grade "de8ilghts are recessed into the grade and used to illuminate steps and the ramp along the proposed,waterfront walkway and outdoor dining area. Along the front entrance of the=building, bollard lighting is used to illuminate the ground plane of the entry areas. B. Off-Site Facilities (see Sheet 7, Off Site Walkway Improvements at Pickering Wharf Plan View; Sheet 8, Observation Platform Plan View; Sheet 11 Typical Walkway Plan View; and Sheet 12,Typical Walkway Ramp and Observation Platform Section View. o 10 foot clear reconstruct Harborwalk(approximately 392 feet in length) A 10-foot clear waterfront walkway constructed in accordance with the City of Salem Harborwalk design specification will be installed off site along a portion of the South River adjacent to the Pickering Wharf complex.The offsite walkway improvements will begin at the southwest corner of Finz Restaurant (76 Wharf Street) and continue along until the southeast 21 Page corner of Victoria Station Restaurant (86 Wharf Street). o Observation Area h An observation deck will be installed along t e South River south of the Victoria Station restaurant at the easterly end of the off-site reconstructed Harborwalk. C. Other o Live Loading Area A live loading area to service the hotel is located along the northeast side of the Salem Waterfront Hotel Expansion building. 3. Use Restrictions A. Harborwalk; On-site sidewalks and Off site w,atefront walkway a'nd Observation Platform Use of the sidewalks and Harborwalk locatealong the Project site and�off site at Pickering Wharf are intended for the walking public.'"In'accordance with City ordin'a`nces or policies, bicycling, skateboarding, roller blading, and scooters may-Iirohibited B. Seasonal Outdoor Dining The use of the seasonal outdoor dining is controlled in l3iit""by the City of Salem Licensing Board. Alcoholic beverages cannot be moved beyond<the area dem�ated for dining. C. Live Vehicle LoadiLig Area The Loading Zone=(see Sheets I'and 3 of 12.Site Plan) is primarily for vendor deliveries and hotel related vehicles in accordance with Special Condition 10 of the License. Patrons of the Pickering Wharf lVatina„are also=authonzed torerse the loading area for live drop off and pick up from mid- Aprif-through-September during the li&@ s'i5f-7.ani'. to 11 a.m. and 7 p.m. to 9 p.m. Signage to that effect shall be posted at t-Q.Loadmg Zone:”There shall be no onsite parking, only a Drop- bif Area and Loading Zane Area gs-set forth in Special Condition 9 of the License. D. Gateway-",.7-. The use of the ground floor of the Gateway structure is intended for the use of pedestrians only. The second floor ofahe Gateway structure is for marina use. 4. Management of Public Access Facilities Governed by the Management Plan A. Ownership The Salem Waterfront Hotel & Suites, LLC owns the Project Site that contains the on-site facilities listed in Section 2A and 2C. The Pickering Wharf Condominium Association owns the off-site property that contains the facilities listed in Section 2B. 31 Page B. Management The Salem Waterfront Hotel and Suites, LLC is responsible for managing and maintaining all of the on and off-site Public Access Facilities governed by this Management Plan as identified in Section 2. C. Contacts Michael Rockett, Manager Salem Waterfront Hotel and Suites, LLC, 57 Wharf Street, Suite 2E Salem, MA 010970 . mrockettpmrrockett.com 781-631-3070 D. Hours of Operation o On Site Facilities of Public Accommodation The interior on site facilities of public accommodation including the hotel lobby and reception area, the restaurant and bar and the public re5trooms wi[INR&open and available to the public during normal business hours wirich_are from 6 a m to 12= duration than necessary and will not unnecessarily block access to other areas. To the maximum extent feasible (giving appropriate consideration to benefits and cost), debris, waste, and excess materials generated as part of maintenance will be removed from the site by the end of each day. Debris and waste will be disposed of in accordance with applicable regulations and laws. B. Trash and Litter Removal Unless required by the City of Salem in accordance with the Salem MHP, trash receptacles will not be placed on the property. Litter will be picked up daily, or oman4as needed basis. Litter removal will include the collection and disposal of animal waste. C. Snow and Ice Removal Snow and ice will be removed from the public walkG a'ys and Harborwa1'.Wn accordance with the City of Salem Snow Removal Ordinance. Disposal of show will occur off sit6 6F_as otherwise allowed by the City of Salem. No snow/ice shall be disposed.:of,into the South River. Sand or a sand/calcium chloride mWW.ill.be applied as needed fo ice in paved walkw"'ays using a broadcast spreader. Calcium chloride if`_used,_will be appliedaccording to the rate recommended by the manufacturer. D. Repainting,Touch Ups;,and,Graffiti Removal The condition of theipaiht on wood and metafsurfaces mcl'5dirig.but not limited to: fencing, railings, benches, light post's, sign posts, and`,hrash receptdel`es will be observed during a monthly walk- through inspection to lak,for major_damage or deterioration that requires immediate attention. Such conditions will be repaired i ssoon?as.practical '.<. Where:observed,graffiti:.will be removed as soon=as possible. If graffiti removal on a painted surface s incomplete, not effective;or damagesJhe underlying paint, the area will be repainted or touched- up. E. Pavements' Paved surfaces will be swept=as needed and inspected during sweeping for damage. Paved surfaces will be repaired as needed F. Harborwalk Railings, Lighting and Furnishings The condition of improvements and furnishings along the Harborwalk including but not limited to: fencing, railings, benches, light posts, signs and sign posts (including interpretive signs and Harborwalk signs), concrete seat-wall, and the pergola, will be maintained and replaced as needed. G. Lighting Deck and bollard lights will be replaced as needed.Vegetation will be pruned as necessary to facilitate illumination of paved walkways. 51 Page H. Signage o Public Restrooms The public restrooms signs located at the front and rear entrances to the hotel building shall be maintained at an eye level location and repaired/replaced as needed. o Woyfinding The two wayfinding signs noted in Special Condition 7 of License No. 14073 shall be maintained and replaced to the same specifications as stipulated by the City of Salem Department of Planning and Community Development. o Gateway The public artwork and/or interpretive panels to be glaced m th'e;ground floor space of the Gateway will be maintained and repaired/rep'la`ced as needed - o Live Vehicle Loading Area A sign for the vendor/marina loading zone required„pursuanf to Special Condition #10 of License No. 14073 shall be maintained and-replaced to the same-specifications as approved by MassDEP. I. Plantings, and Planting Containers o Landscaped area's will:be inspected--a;nd maintained-on a regular basis. 6. Periodic Review ' This ManagemerfVPlan_shall be penodically reviewed and revised as necessary based on changes in the operation and managernent of We Facilities of i5'A1ie-Accommodation. Any subsequent updates of said Plan shall,;li elude an update- of all contact information-for persons responsible for carrying out the duties of said Plan;the property manager, operators of the hotel, restaurant, bar, and marina services space., identify those uses that are utilizing the inteFior and exterior space reserved for Facilities of Public Accommodation,*-and otherwise lie--consistent with this license. The updated Management.Plan,sha[Falso include a copy of the Department's plan approval letter(s) and the results of annual compliatrcec+nspection reports performed by the Licensee detailing compliance with the Special and Standardtanditions of this License.When said Plan is updated, it shall be submitted to the Department for review and approval. At a minimum, an updated Management Plan shall be submitted for Department review on every ten (10)year anniversary of the issuance date of the License to be issued hereto. 7. Force Majeure In the event of a natural disaster or catastrophe beyond the control of the owner,the Owner shall be 61Page. permitted to revise this plan with the approval of the Department. Summary Maintenance Schedule Activity Schedule Trash and Litter Collect Litter Daily, or as needed Snow and Ice Removal In accordance with City of Salem Snow Removal Ordinance Painting Walk-through Inspection _ Monthly Repainting and Touch-ups for major damages/detendration As needed Graffiti Inspections/removal Immediately following observation Pavement Sweep and Inspect As-needed Pavement Repairs,__;'-m As-needed Harborwalk:R`ailings, Lighting and Furmshtngs Walk-through Inspection Monthly Repair and Replace:= As-needed Lighting - -:Replace Lamps =;... As needed Clean and Inspect All' ipmenf -, As needed Prune,,Ypgetation Blocking LightingF As needed Signage Maintain and replace `mm"' As needed Gateway Public Art=I"nstallations Maintain and ensure art is in place As needed Plantings and Planting Containers Inspect Landscaped Areas Monthly Prune Trees and Shrubs Annually or as needed Fertilize Trees and Shrubs Spring and Fall Fertilize Plantings As needed Remove and Replace Plantings As needed 71 Page