289 DERBY STREET - ZONING (5) FORT POINT ASSOCIATES, INC.
.286 Congiess Street RECEIVED
6th Floor. NOV 3 0 2004
Boston, Massathusetts 02210
617/357.70.44 DEPT.OF PLANNING&
FAX 617/357-9135 COMMUNITY DEVELOPMENT
Cerl,�'ea( mom-
November:29, 2004 ,
Mayor.Stanley J..Usovicz;Jr:
City of.$aIem
City Hall "
Salem, MA. 01970
RE. Waterways License Application -BRP W04-1159-N
289 Derby Street
Honorable MayorUsovrci,
Attached pleasefind a copy of•the Public,Notice for a public,hearing to be held on the above
referenced'project. The hearing will be field.on Decerriber9;2004•at'11 �00'am in Room 313; 3'd
floor of the'Ciry.Hall Annex,' 120 Washington Street'in Salem; MA. ,Public comments must be`.
submitted to the state:Department of Environmentaf,Protection Waterways Regulation Program no
Iafer than January 14;-2005: .
Ifyou have any questions please feel free to call me_af(617),357-7044..:
Sincerely;
Susan St. Pierre
Senior Associate
Fort Point Associates;,lnc.
cc: Ben;Lynch, DEP Waterways Program (w/o enclosure)
Mr.Walter Rower, Chair Salem Planning Board
Mr.Kevin Cornacchio;,Chair.Salem Conservation Commission
Peter G iffotd;,Salem Harbormaster
George Belleau, Townand Country Homes
Scott Grovet;Tinti,'"Grover and Quinn
Lynn Duncan; Office of Planning and Development
Denise McClure, Office of Planning and Development
enclosures: Public Notice
FORT POINT ASSOCIATES,INC.
286 Congress Street
6th Floor
Boston,Massachusetts 02210
617/357-7044
FAX 617/357-9135
MEMORANDUM
TO: Amerada Hess
c/o Fac. Business TR/Tax Dept. 21334
One Hess Plaza
Woodbridge, NJ 07095
South Harbor Holdings LLC
P.O. Box 677
Salem, MA 01970
Massachusetts Electric Company
c/o Property Tax Dept.
25 Research Drive
Westborough, MA 01582
FROM: Susan St. Pierre, Fort Point Associates, Inc.
DATE: November 29, 2004
RE: Waterways.License Application — BRP W04-1159-N
289 Derby Street
Attached please find a copy of the Public Notice for a public hearing to be held on the above-
referenced project. The hearing will be held on December 9, 2004 at 11:00 am in Room 313, 3 d
floor of the City Hall Annex, 120 Washington Street in Salem, MA. Public comments must be
submitted to the state Department of Environmental Protection Waterways Regulation Program no
later than January 14, 2005.
If you have any questions or concerns, or need further assistance please contact my office at
617/357-7044. Thank you.
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-6600
MITT ROMNEY
Governor ELLEN ROY HERZFELDER
KERRY HEALEY Secretary
Lieutenant Governor ROBERT W.GOLLEDGE,Jr.
Commissioner
17 November, 2004
289 Derby Street Trust
c/o Fort Point Associates
286 Congress Street, 6"' floor
Boston, MA 02210
Re: PUBLIC NOTICE OF WATERWAYS LICENSE APPLICATION No. W04-1159-N
289 Derby Street, Salem, Filled Tidelands of the South River, Essex County.
Dear Sirs & Madames:
The Waterways Regulation Program (WRP) has received your application requesting
authorization to perform certain activities in state waterways located in dal m pursuant to
M.G.L. Chapter 91, the Public Waterfront Act and its regulations at 310 CMR 9.00 etc.
The WRP has assigned this application filing with the above-referenced Waterways
License application number. IT IS IMPERATIVE THAT YOU REFER TO THIS
APPLICATION NUMBER WHENEVER YOU SUBMIT OR REQUEST INFORMATION
FOR THIS FILE. Upon review of this application, the WRP has made a determination that
this project is a Nonwater-deoendent Use Project.
Attached is the WRP's Public Notice form for this application. You are required to publish
this notice, at.your expense, in one or more newspapers having circulation in the area
affected by the proposed activity. This notice must be published in the local newspaper(s)
for at least one day on or before.` Dere a Ger 2 � 4the designated Notification Date. The
required public comment period shall begin on this designated Notification Date. You are
required to submit proof of publication to the WRP by sending a copy of the newspaper
notice showing the date of publication or a copy of the newspaper notice and a letter from
the newspaper indicating the date the public notice was published.
Pursuant to 310 CMR 9.13(1)(a), you are also required to concurrently provide this
notification, along with a copy of the project site plans submitted with the Waterways
License Application, to the appropriate municipal officials and abutters to the project for
their review and comment. For Chapter 91 purposes, an abutter is defined as the owner of
land that shares a common boundary or comer with a project site at the waters edge, as
well as the owner of land that lies within 50' across a waterbody from such site, 'see 310
Ibis Isfarmatlon Is available in alternate fattest.Call Donald M.Gomes,ADA CooMlaator at 617-SSG-IOS7.TDD Service-1-800-295-2207.
DEP on the World Wide Web; MIP://w -Mass.gov/dep
' Printed on Recycled Paper
CMR 9.02. The WRP will publish the Public Notice in The Environmental Monitor.
Lastly, the WRP cannot complete its review of this application until the following
information/document(s) checked below have been submitted:
® Proof of publication of the Public Notice
® Completion of the Public Hearing
® Completion of the Public Comment Period
❑ Receipt of the Municipal Zoning Certification
❑ Receipt of the Municipal Planning Board Notification Form
® Receipt of a valid Wetlands Order of Conditions
❑ Receipt of a valid DEP Water Quality Certification
® Response to comments received during public comment period
® Plans according to the specifications of Appendix of the Waterways Application.
NOTE: Final Mylar Project Site Plans will be required upon notice from the
Department and prior to Issuance of the Chapter 91 License.
Shouldou have an , p
Y y questions lease contact me at (617)292-5615 or David Slagle of
the Waterways Regulation Program at (617) 654-6520.
Sincerely,
Ben Lynch
Program Chief
Waterways Regulation Program
Cc: Kathryn Glenn, CZM
Dennis Ducsik, CZM
DWW NERO
DFW ELE
ACOE
Mayor, City of Salem
Salem City Council
Salem Planning Dept.
Salem Conservation Commission
Salem Harbormaster
Project abuttors
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATION PROGRAM
Notice of License Application pursuant to M. G. L. Chapter 91
Waterways License Application Number W04-1159-N
Applicant: 289 Derby Street Trust
Project Location: 289 Derby Street, Salem
Scheduled Public .00 Hearing: 11
a.m.
9 9 December
2004
Hearing Location: Rm. 313, 3rd floor, City Hall Annex, 120 Washington Street,
Salem
Public Comments Deadline: 14 January, 2005
NOTIFICATION DATE: 2 December, 2004
Public notice Is hereby given of the We .. s
• apllcation by 289 Derby Street Trust to
Se •.Ematt
t'a prop g eon p eS d f;3B es denial ItsT
corm s 6. fo
&Mjvgrou d flo�f hfj s
a ° g11' p f a,el } u Icl ocess x
toPgSace ,im uding
" de? ISI•a at 289 Derby Street in the municipality of S!
alem in and over
.File Tidelands of the South River. The proposed project has been determined to be
nonwater-dependent. Pursuant to 310 CMR 9.15(1)(b), the Applicant seeks an extended
term lice
nse of 65Y ears.
The Department of Environmental Protection, Waterways Regulation Program, will
conduct a public hearing on the aforesaid project proposal and others on Thursday, 9
December, 2004, at 11:00 a.m. in Rm. 313, 3rd floor, City Hall Annex, 120 Washington
Street, Salem. The Department will conduct this public hearing in order to receive
information to be used in its decision on whether to grant a Waterways License pursuant
to M.G.L. Chapter 91.
The Department will consider all written comments on this Waterw application received
14 valluctly, 2005 (PubilC Comments Deadline) Failure of any aggrieved person or
group of ten citizens or more to submit written comments to the Waterways Regulation
Program by the Public Comments Deadline will result in the waiver of any rigt to an
adjudicatory hearing in accordance with 310 CMR 9.13(4),(c).
Additional information regarding this application may be obtained by contacting the
Waterways Regulation Program at (617) 654-6520. Project plans and documents for this
application are on file with the Waterways Regulation Program for public viewing, by
appointment only, at the address below.
Written comments must be addressed to: Ben Lynch, Program Chief, DEP Waterways
Regulation Program, One Winter Street- 6th Floor, Boston, MA 02108.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Programw 052237
Chapter 91 Waterways License Application - Tranos5r INo.
Simplified,Water-Dependent, Nonwater-Dependent,Amendment 310 CMR 9.00
B. Applicant Information Proposed Project/UseInformation
I. Applicant
Name
E-mail Address
-Nota:Please refer MaWna Add
to the"Instructions".
CilyRowri State
Zip Code
Telephone N b
---"""' Fax Number
2. Authorized Agent(if any):
Name
E-mail Address
M III Add
City?own
61 357-7044 State
Zip code
Telephone Number Fax Number
C. Proposed Project(Use Information
1. Property Information (all information must be provided):
mom
owner Name to different from apppcant)
Tax Assessors Map and Parcel Numbs s 42 31 11 70 53'30"
Latitude
s 4110 Uayl I own
State
Zip Code
2. Registered Land ❑Yes ® No
3. Name of the water body where the project site is located:
mom
4. Description of the water body in which the project site is located (check all that apply):
Tvoe Nature Designation '
❑ Nontidal river/stream ❑ Natural ❑Area of Critical Environmental Concern
❑ Flowed tidelands ❑ Enlarged/dammed
❑"Designated Port Area
® Filled tidelands ❑ Uncertain ❑Ocean Sanctuary
❑ Great Pond
❑ Uncertain
❑ Uncertain
i91App.doc•Rev. 10102
Page 2 of 17
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Waterways Regulation,Program W 052237
Chapter 91.Waterways'License Application-
Simplified,Wate'Dependent, Noitwater-Dependent,Amendment 310 CMR 9.00 Transco ttal No.
C, Proposed Project(Use Information (cont.)
Select use(s)from .
)roped Type Table 5. Pro
)n pg.2 of the posed Use/Activity description
'instructions* Demolition of existing Coastal Oil Service Station constructin of a single, six story residential building
with 38 housing units; 2,200 square feet of commercial space; 1,900
accomodation; and arkin for 58 cars. See Attachment 1 Prore feet of facilities of public
'90 square
tion.
6. Is the project a pre-1984 existing structure AND less than 600 square feet?
❑Yes ® No
7. Is the project apost-1984 existing or new structure, less than 300 square feet AND water dependent?
❑Yes ® No
8. What is the estimated total cost of proposed work(including materials&labor)?
$15,000,000
9. List the name&complete mailing address of each abutter(attach additional sheets, if necessary).An
abutter is defined as the owner of land that shares a common boundary with the project site, as well
as the owner of land that lies within 50'across a waterbody from the project
See Figure 3 in
AttachmentA Address
Name Address .
Name
Address -
D: Project Plans
1. 1 have attached plans for my project in accordance with the instructions contained in (check one):
® Appendix A(License Ian)) ❑ Appendix B (Simplified License plan) ❑ Appendix C(Permit plan)
2. Other State and Local Approvals/Certfications-
❑401 Water Quality Certificate
❑Wetlands Dafe of issuance _
Number
11File Jurisdictional Determination JD-
® MEPA Erle Number
13293
® EOEA Secretary Certificate File Number
July 9 2004
1:121E Waste Site Cleanup Date
RiN Number
pp.doc•Rev.10/02
Page 3 of 17
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289 Derby Street Chapter 91 License Application
i
rs
1 Ale M w
i
------------
Figure 8
BUILDING ELEVATION: SOUTH RIVER
source: Martins Companies
289 Derby Street
Chapter 91 License Application
i.
i
F �
�sr
_ l
.1
Figure 9
BUILDING SECTION
source: Martins Companies
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Waterways Regulation Program W 052237
Chapter 91. Waterways License Application -310 CMR 9.00 Transmural No.
Simplified,Water-Dependent, Nonwater-Dependent,Amendment
E. Certification
All applicants, property owners and authorized agents must sign this page..All future application
correspondence may be signed by the authorized agent alone.
"1 hereby make application for a permit 6r.-license to authorize the activities I fiava described herein. Upon
my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of
Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the
premises of the project site at reasonable times for the purpose of inspection."
"I hereby ce ' that the information sub etl in this application fs true and accurate to the best of my
knowledg �i
plieant's signs Date
Property wners signature(if digerent thn applicant) Date /
Agents signature(if appricable � �> -
Date
APPLICANTS FILING A SIMPLIFIED APPLICATION STOP HERE
CH91App.doc•Rev. 10/02
Page 4 of 17