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311 DERBY STREET - ZONING Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs LlDepartment of Environmental Protection One Winter Street Boston, MA 02108.617-292-5500 Charles D. Baker Matthew A. Beaton Governor Secretary Karyn E. Polito _ ` Martin Suuberg ---L-ieutenantfiovemor_. - � -:. EO[rin1iS910fleC_.. —..— SEP 2S 2011 '-ntlNING s September 26, 2017 DEP-1 OF P COM .0 j4ITY DEVELOPMENT Susan St. Pierre Consulting Services c/o Susan St. Pierre 74 Bay View Avenue Salem, MA 01970 . Re: Written Determination Pursuant to M.G.L. Chapter 91 Waterways License Application No: W 17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County Dear Ms. St. Pierre: The Department of Environmental Protection (the "Department") hereby issues this Written Determination, pursuant to. Massachusetts General Law (M.G.L.) Chapter 91 (c.91), the Public Waterfront Act, and the Waterways Regulations at 310 CMR 9.00, and its intent to approve the referenced application, subject to the attached conditions. Salem Flatbread, LLC (the "Applicant"), requests authorization pursuant to M.G.L. c.91 and applicable provisions of 310 CMR 9.00 to change the use of an unlicensed nonwater-dependent building located on previously authorized filled tidelands, install and maintain two (2) seasonal outdoor dining areas, and construct and maintain a publicly accessible waterfront walkway (the "Harborwalk") located on filled tidelands of the South River at 311 Derby Street, Salem, Essex County(the "project site"). The total project site encompasses 17,763-square feet(or 0.41-acres), of which approximately 14,540-square feet (or 82% of the site) consists of previously authorized filled tidelands (4,773-square feet of filled Commonwealth Tidelands and 9,767-square feet of filled Private Tidelands) and the remaining 3,223-square feet (or 18% of the site) is located outside of c.91 jurisdiction, on non-jurisdictional uplands. The proposed project consists of improvements to, and change in use of, an existing 1-story nonwater-dependent building located on previously authorized fill (authorized by Harbor and Land Commissioners License No. 950, issued on August 12, 1886). Said existing building was formerly used as a Goodyear Tire and Auto Service Station, but now is being used as a restaurant This information is available in alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751. TTY#MassRelay Service 1-800-439-2370 MassDEP Website:www.mass.gov/dep Printed on Recycled Paper r Written Determination and Draft Special Conditions Page 2 of 15 Waterways Application NO: WI 74929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County and bowling alley. Specifically, said building has been improved and changed into Salem Flatbread (a wood-fired pizza restaurant) and Derby Lanes at Flatbread (a bowling alley consisting of four regulation-sized candlepin bowling lanes). The proposed project includes the construction of a 154-linear foot long Harborwalk with associated pedestrian amenities, of which 140-linear feet is located on the project site, 11-linear feet is located on the offsite connection to =31 Hedy Scree owned by-the_-City-of Salem) Written Determination and Draft Special Conditions Page 3 of 15 Waterways Application No: W17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County tables and chairs (depicted on Sheet 2 of 3 of Draft License Plans No. W17-4929-N) located within the seasonal outdoor dining area will be removed to allow the Harborwalk to be wider during the balance of the year. Additionally,the City DPCD has indicated its preference to save a large existing shade tree near the proposed 12-foot long offsite connection to the City's abutting Harborwalk property (at 315 Derby Street). Alternatives such as tree grates were explored but aurid=to lie=i tfeasihte-due_to_the change=ti-grade=between=the tree-and the=Harborwalk_secuon---.-- In .-In order to support the long term vitality of this shade tree, the City (in consultation with its City Tree Warden)prefers an 8-foot clear concrete walkway with 3-foot buffer to the existing shade tree (as shown on Sheet 3 of said Draft Plans). Under the circumstances, the Department concurs that it is not feasible to achieve a 10-foot clear walkway at said walkway connection, therefore the slightly narrowed Harborwalk width complies with the Salem MHP. The existing building footprint (including overhangs) located within c.91 jurisdiction occupies 49.9% of the project site, however combined with the proposed 231-square foot screened dumpster area, the site coverage is 51.4%, which exceeds the standards of 310 CMR 9.51(3)(d). In order to comply, the Applicant would need to locate the screened dumpster outside of c.91 jurisdiction. In said conformance letter, the City DPCD stated that pursuant to 310 CMR 9.51(3)(d), the relocation of the screened dumpster outside of c.91 jurisdiction was not reasonable,because it would require the dumpster area to be located directly adjacent to Derby Street, where it would be most visible, and the Salem Redevelopment Authority (SRA), who has design review jurisdiction in this part of Downtown Salem would not approve such a proposed location. Instead, the City DPCD and the SRA request that the enclosed dumpster area be located away from Derby Street and within c.91 jurisdiction, but landward of the WDUZ. Accordingly, the Department will waive the above numerical standard pursuant to 310 CMR 9.51(3)(d) as justified by the City DPCD and SRA, and as further articulated in the Salem MHP pursuant to 310 CMR 9.34(2)(b). Findings: 1) The Department determines that the 17,763-square foot project site includes approximately 9,767-square feet of filled Private Tidelands (or 55% of the project site), approximately 4,773-square feet of filled Commonwealth Tidelands (or 27% of the project site), and 3,223-square feet of non jurisdictional upland (or 18% of the project site). The Department's Presumptive Line Project delineated the historic high water line based on a historic plan entitled "Part of Salem in 1700", dated 1933. The historic low water line was also derived from the Department's Presumptive Line Project, which was based on a United States Coast and Geodetic Survey Plan (Sheet T-303-2) titled"Map of Salem Harbor including the City and Islands"dated 1849. 2) The Department determines that the use of filled Private and Commonwealth Tidelands for a restaurant and bowling alley are nonwater-dependent uses pursuant to 310 CMR 9.12(2)(f)(1) and 310 CMR 9.12(4), respectively. The Department also determines that the use of filled tidelands for public access and enjoyment of waterfront open space is water-dependent pursuant to 310 CMR 9.12(2)(a)(4). Given the project does not consist Written Determination and Draft Special Conditions Page 4 of 15 Waterways Application NQ: W 17-4929-N Salem Flatbread,311 Derby Street, South River, Salem, Essex County entirely of water-dependent uses, the Department has processed the application as a nonwater-dependent use project in accordance with 310 CMR 9.12(1). 3) This site is currently subject to an Administrative Consent Order with Penalty (ACOP #BO- 16-6Y-001) issued by the Department and executed by all parties on February 15,2017. -- — _ —4)The Department determines That the required Public Notice was published in The Salem- News and in the Environmental Monitor on April 5, 2017. The required Public Hearing was held on April 20, 2017 at 3:OOpm at Salem City Hall Annex, Meeting Room 313, 120 Washington Street, Salem. No public comments were received by the Department during the 30-day comment period. 5) The Applicant has submitted relevant documentation regarding compliance with other regulatory requirements including but not limited to the Massachusetts Environmental Policy Act .(EEA #15587) ENF Certificate issued by the Secretary of Energy and Environmental Affairs (the "Secretary") on October 21, 2016; the Wetlands Protection Act per Order of Conditions (DEP File #64-623) issued by the Department on October 27, 2016, Municipal Planning Board Notification signed by the Salem Director of Planning and Community Development on March 2, 2017, and the Municipal Zoning Certificate signed by the Salem Inspectional Services Director on March 2, 2017. 6) The project site is subject to the Massachusetts Contingency Plan pursuant to 310 CMR 40.0000 and has been assigned Release Tracking Number 43-33756 by the Department's Northeast Regional Office Bureau of Waste Site Cleanup. 7) The Department determines that the project, as conditioned, complies with all applicable standards of the Waterways Regulations, including the special provisions for nonwater- dependent use projects at 310 CMR 9.51 through 9.53. In addition, the Department determines that the project as conditioned complies with the City of Salem MHP approved by the Secretary on June 24, 2008. a. The Department determines that a portion of the existing nonwater-dependent use building encroaches into the Water Dependent Use Zone ();VDUZ) and .the required 20-foot wide Harborwalk, however said encroachment is permissible because of a "wherever feasible" provision for existing buildings/structures articulated in the Salem MHP and pursuant to 310 CMR 9.51(3)(c). b. The project does not meet the lot coverage requirements at 310 CMR 9.51(3)(d) by providing a least one square foot of open space for every square foot of combined nonwater-dependent building/permanent structure coverage located within c.91 jurisdiction. However, pursuant to 310 CMR 9.51(3)(d), in the event this requirement is not met by a project involving the renovation or reuse of existing buildings, ground level open space shall be provided to the "maximum reasonable extent", as provided in 310 CMR 9.34(2)(b)(1). Approximately 7,487-square feet (7,188-square foot building including overhang, 231-square foot screened dumpster area, and 68-square foot walk-in cooler) (or 51%) of the project site located within c.91 jurisdiction is covered by a combined nonwater-dependent Written Determination and Draft Special Conditions Page 5 of 15 Waterways Application NQ: W17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County building/permanent structure footprint while the remaining 7,053-square feet (or 49%) of the site located within c.91 jurisdiction consist of open space. Accordingly, the 434-square feet (or 1%) of additional site coverage is permissible per said citation and as further articulated in the Salem MHP, pursuant to 310 CMR 9.34(2)(b)(1). 8) The Department determines that said project requires payment of$10,000 into the South River Watersheet Activation Fund. This account was established by the City of Salem for the purpose of planning, programming, designing, constructing, and/or maintaining watersheet activation elements in the South River, consistent with the Salem MHP. 9) Pursuant to 310 CMR 9.37(2)the Department has determined that the existing building is not designed to address sea level rise, as the elevation of the fust habitable floor located in the 1007year flood zone (Zone AE elevation = 10-feet NAVD88) is between 8.4 and 8.9-feet NAVD88,which is approximately -1.6 to -1.1-feet below the 100-year base flood elevation. According to the City of Salem's assessment records, said building was constructed in 1965 (or 52-years ago) and no new construction or structural alteration is currently being proposed. The license to be issued pursuant hereto only authorizes maintenance of an existing building. 10)The Department determines that the project as conditioned serves a proper public purpose that provides greater benefit than detriment to the rights of the public in tidelands in accordance with 310 CMR 9.31(2)(b). The proposed project includes Facilities of Public Accommodations (FPAs) on the entire ground floor of said building, two outdoor dining areas, a Harborwalk with associated amenities along the South River which now connects a missing link between two existing Harborwalk segments on either side of the project shoreline, and it conforms to the Salem MHP. 11)The Department presumes that the proposed project is consistent with all applicable Coastal Zone Management (CZM) policies, in accordance with M.G.L. c.91 § 18 and 310 CMR 9.13(2)(a). Conclusion: On the basis of the foregoing analysis, the Department will approve the proposed structures and uses described herein, as shown on the draft license plans and as shall be modified and delineated on the final license plans in accordance with the terms of this Determination. This . Determination is subject to the attached Special Conditions to be carried out by the referenced Applicant (hereinafter the "Licensee"). These Special Conditions will be included, in substantially the same form, along with the Standard Conditions, with the final Chapter 91 Waterways License to be.issued pursuant hereto. This Determination, including the attached Special Conditions, is subject to appeal as described in more detail in the Notice of Appeal Rights section on Pages 7 and 8. The Department will grant the Chapter 91 Waterways License if no appeals are filed within twenty-one (21) days of the issuance of this Determination and upon receipt of the final mylar license plans. Written Determination and Draft Special Conditions Page 6 of 15 Waterways Application N°: W1 7-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County No construction or alteration in or to any portion of the site within jurisdiction pursuant to M.G.L. c.91 is authorized until a Waterways License has been issued. If you have any further questions,please contact Frank Taormina,Waterways Regulation Program,at(617)292-5551. `T'ttiS=DETEI;tICtI1l;t-ATLON-IS-ISSUED_-BY_-TRE-DEPARTMENT=OF-E VL�t01VMEIf2A PROTECTION ON THE _ DAY OF TWO THOUSAND SEVENTEEN. Ben Lynch Section Chief Waterways Regulation Program Cc: Mayor Kimberley Driscoll,City of Salem Salem City Council Salem Department of Planning and Community Development Salem Planning Board Salem Conservation Commission(DEP#64-623) Ecc: MassCZM, c/o Kathryn Glenn MassDEP,NERO,Bureau of Waste Site Cleanup, c/o.Iris Davis(RTN 43-33756) Peter Brown, Salem Flatbread,LLC Written Determination and Draft Special Conditions Page 7 of 15 Waterways Application No: W 17-4929-N Salem Flatbread,31 1 Derby Street, South River, Salem, Essex County NOTICE OF APPEAL RIGHTS Who has the right to appeal? The following persons shall have the right to an adjudicatory hearing concerning this decision by the ___ ._-_fit detry a_license-or_permit,_in_accordance=with 3_IO EMR -an-applieant _-_ 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 who, pursuant to M.G.L. Chapter 30A, § 10A,have submitted comments within the public comment period with at least 5 of the 10 residents residing in the municipality(s) in which the license or permitted activity is located. The appeal shall clearly and specifically state the facts and grounds for the appeal and the relief sought, and each appealing resident shall file an affidavit stating the intent to be part of the group and to be represented by its authorized representative; (d) the municipal official in the affected municipality who has submitted written comments within the public comment period; and (e) CZM, for any project identified in 310 CMR9.13(2)(a) for CZM participation or 310 CMR 9.13(2)(b)for DCR participation, if it has filed a notice of participation within the public comment period. How can I request an adjudicatory hearing? A person requesting an adjudicatory hearing must submit a"Notice of Claim"to the Department,with a copy of the MassDEP Adjudicatory Hearing Fee Transmittal Form and include the details specified below, within twenty-one (21) days of the date of issuance of this decision. The Fee Transmittal Form is available at the following website: http://www.mass.gov/eea/docs/dep/service/adr/adiherfm.doc The Notice of Claim must be made in writing and sent by certified mail or hand delivery to: MassDEP Case Administrator One Winter Street, 2nd Floor Boston, MA 02108 A copy of the complete Notice of Claim must be sent at the same time by certified mail or hand delivery to: (1)the Applicant, (2)the municipal official of the city or town where the project is located, and(3)the issuing office of the MassDEP,which in this case is located at: MassDEP Waterways Regulation Program One Winter Street, 5th Floor Boston, MA 02108 The MassDEP Adjudicatory Hearing 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: MassDEP Commonwealth Master Lockbox P.O. Box 4062 Boston, MA 02211 Written Determination and Draft Special Conditions Page 8 of 15 Waterways Application NO: W 17-4929-N Salem Flatbread, 3l l Derby Street, South River, Salem, Essex County What information must be included in the hearing request? Pursuant to 310 CMR 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include the following information: (a) the MassDEP Waterways Application File Number; (b}Hie comglet�name address fax-numbef.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 parry satisfies the definition of"aggrieved person"found in 310 CMR 9.02; (f) a clear statement that a formal adjudicatory hearing is being requested; (g) a clear statement of the facts which are the grounds for the proceedings, the specific objections to the MassDEP'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. Dismissal of request The request for appeal will be dismissed if the filing fee is not paid, unless the appellant is exempt or is granted a waiver. Exemptions 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. Waiver 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. Written Determination and Draft Special Conditions Page 9 of IS Waterways Application NQ: W 17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County WRITTEN DETERMINATION AND DRAFT SPECIAL CONDITIONS --------- --- _ _-- -Salem Flafbiead, LLC` -- -- -<— of-- Georgetown -- in the County of-- Essex -- and Commonwealth aforesaid -- has applied to the Department of Environmental Protection for license to -- change the use of an existing previously unlicensed building and construct and maintain a publicly accessible waterfront walkway("Harborwalk") and seasonal outdoor dining areas, as further described below----------- and has submitted plans-of the same; and whereas due notice of said application; and of the time and place fixed for a hearing thereon, 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, subject to the approval of the Governor, authorizes and licensesthe said ------------------------------------------------------------------------------------------------ Salem Flatbread, LLC -- 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, is hereby licensed to -- change the use of an existing previously unlicensed 'building and construct a 154-linear foot long Harborwalk (which includes abutting offsite connections to 315 Derby Street and 295 Derby Street) with associated pedestrian amenities and only maintain that which is located on the project site, and install and maintain two (2) seasonal outdoor dining areas (one fronting Derby Street and one fronting the Harborwalk and South River) ----------------------------------------------- on filled tidelands of-- the South River -- at 311 Derby Street -- in the -- City of Salem -- and in accordance with the locations shown and details indicated on the accompanying Draft License Plan No. W 17-4929-N (4 total sheets): Sheet 1 of 3 titled "Existing Conditions Survey Plan of Land" dated August 23, 2017, prepared by Patrowicz Land Development Corp, and Sheet 2 of 3 titled "Site Plan Proposed Improvements with Harborwalk Cross-Section" dated August 23, Written Determination and Draft Special Conditions Page 10 of 15 Waterways Application N2: W 17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County 2017, prepared by Patrowicz Land Development Corp, and Sheet 3 of 3 titled "Site Plan Blowup" dated August 23, 2017, prepared by Patrowicz Land Development Corp, and Sheet 1 titled "Ground Floor Plan, Flatbread Pizza and Bowling Center" dated February 20, 2017 prepared by Slate Blue Design. Specific Legislative Authorizations and Licenses issued previously at the project site include: Harbor and Land Commissioners (H&L) License No. 950 issued on August 12, 1886 authorizing solid fill and a seawall. The authorized structures and fill shall be maintained in accordance with the terms and conditions of said licenses and plans, or as modified herein. The structures authorized hereby shall be limited to the following uses: restaurant with outdoor dining areas, bar, bowling alley, and accessory uses thereto; and public access to and enjoyment of waterfront open space for passive recreational purposes. This License is valid for a term of thirty (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 this license. This Determination is subject to the following Special Conditions and Standard Conditions. These Special Conditions will be included, in substantially the same form, along with the Standard Conditions,with the Chapter 91 Waterways License to be issued pursuant hereto. Special Condition 1: Issuance of this authorization does not relieve the Licensee of the obligation to comply with all other applicable State or Federal statutes or regulations: Any changes made to the project authorized herein will require further notification to and approval by the Department in accordance with 310 CMR 9.22(3) or 9.24. Special Condition 2: The Licensee shall provide a restroom facility free of charge for public use on the ground floor of said building, open seven (7) days a week to the public during the business hours of the ground floor uses. Access to said restroom facility shall not require patronage of the ground floor use. Signage of adequate size indicating availability of public restrooms on the ground floor shall be posted at eye level near the front and rear entrances to said building. The Licensee shall provide the Department with a draft sign specification along with proposed installation locations for review and approval within thirty (30) days of license issuance. The Department-approved restroom sign shall then be installed and photographic Written Determination and Draft Special Conditions Page 11 of 15 Waterways Application NO: W17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County evidence of installation shall be supplied to the Department within thirty (30) days of Departmental approval. Special Condition 3: The entire Harborwalk, including the Harborwalk connections to both abuttine properties, shall be substantially constructed and-open to the public within one (1)_year -- —of the issuance of this License:�The two (2)benches shown on Sheet 2 and 3 of said Duff Plans - shall only be installed if/when required by the City of Salem Department of Planning and Community Development (DPCD). The Licensee shall provide proof of the City's decision, and if required, must install said benches within one (1) year of the City's decision and provide the Department with photographic evidence of such installation. Special Condition 4: In accordance with the City of Salem's Municipal Harbor Plan (MHP), the Licensee shall make a monetary contribution of ten thousand dollars and zero cents ($10,000.00) to the South River Watersheet Activation Fund. This account was established by the City of Salem for the purpose of planning, programming, designing, constructing, and/or maintaining watersheet activation elements in the South River, consistent with the Salem MHP. Payment shall be made to the City of Salem DPCD within six (6) months of license issuance. The Licensee shall provide,proof of such payment to the Department within thirty (30) days of payment made to the City. Special Condition 5: The Licensee shall maintain the ground floor located.within 100-feet of mean high water for Facilities of Public Accommodations (FPAs). The interior FPA uses onsite include, but are not limited to, a restaurant and bar, bowling alley, and seasonal outdoor dining area. b) Any use specifically listed in the FPA definition at 310 CMR 9.02 shall be presumed to meet the above requirements for such facilities. Conversely, any use proposed as a FPA that is not specifically listed in the regulatory definition shall require prior review and approval of the Department before any future change in use occurs. c) The interior FPAs shall be maintained and programmed in accordance with a Management Plan prepared and updated in accordance with Special Condition#7 below. Special Condition 6: The Licensee shall maintain in good repair a network of exterior public open space of not less than 7,053-square feet with no obstacles for safe, free and universally accessible public passage. All open space shall be accessible twenty-four (24) hours a day with no gates or other barriers installed to impede pedestrian circulation. The exterior open space shall include, but not limited to, the following pedestrian amenities: Harborwalk, benches, lighting, trash receptacles, landscaping that complements but does not obstruct public access, and seasonal outdoor dining area as depicted on Sheet 2 and 3 of said Draft Plans. a) The exact number of tables and chairs for the seasonal outdoor dining areas shall be limited to that which is authorized by the City of Salem. Any expansion of the seasonal outdoor dining Written Determination and Draft Special Conditions Page 12 of 15 Waterways Application Ne: W17-4929-N Salem Flatbread, 31 l Derby Street, South River, Salem, Essex County areas from that which was authorized herein shall require further notification to and approval by the Department in accordance with 310 CMR 9.22(3) or 9.24. b) The exterior open space .shall be maintained and programmed in accordance with a Management Plan prepared and updated in accordance with Special Condition#7 below. -- —Special-Condition 7 -The Licensee shall submit,within ninety (90) days ofthe issuance of this-- license, a Management Plan for the Department's review and written approval. The Management Plan will become final upon receipt of Department's approval, and shall include any conditions of the Department's approval. a) Purpose: The objectives of the Plan are, over the short-term, to advertise over a broad geographic area and to diverse user groups the availability of the public facilities; and, over the long-term, to achieve effective public use and enjoyment of all publicly accessible facilities while minimizing conflicts with other legitimate interests including the protection of private property and natural resources. b) Management Oversight: The Management Plan shall clearly describe the roles and responsibilities of each management entity involved in the project site to demonstrate compliance with this condition. c) Content: At a minimum, the Plan shall address long-term programming, management, maintenance that will be employed to all interior and exterior publicly accessible space. Specifically, the plans shall address all interior and exterior public spaces including but not limited to: public restrooms, exterior open space including landscaping, seasonal outdoor dining areas, onsite Harborwalk and associated appurtenances. The Licensee shall identify and provide contact information for the persons responsible for carrying out the duties of said Plan, the property manager, operators of the restaurant and bowling alley areas. Finally, the Licensee may adopt reasonable rules, subject to prior review and written approval by the Department, as are necessary for the protection of public health and safety and private property, and to ensure public use and enjoyment by minimizing conflicts between user groups. d) Periodic Review: The final Management Plan shall be periodically reviewed and revised as necessary based on changes in the operation and management of the FPAs. Any subsequent updates of said Plan shall include an update of all contact information for persons responsible for carrying out the duties of said Plan, the property manager, operators of the restaurant and bowling alley. The updated Management Plan shall also include a copy of the Department's plan approval letter(s) and a compliance inspection report performed by the Licensee detailing compliance with the Special and Standard Conditions 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 this License. Written Determination and Draft Special Conditions Page 13 of 15 Waterways Application NO: W17-4929-N Salem Flatbread,311 Derby Street, South River, Salem, Essex County Special Condition 8: Pursuant to 310 CMR 9.22, the Licensee may undertake minor project modifications upon written notice to, and approval by,the Department. Special Condition 9: All work authorized herein shall be completed within the timeframe specified in the Administrative Consent Order with Penalty-(ACOP #BO-16-6Y-001) issued for _ — — — - — - -_-- — — p the roject site by the Department and-executed by-all parties—on February-- 15---, 2017: —--— Special Condition 10: The use by the public of publicly accessible areas on the project site shall be considered a permitted use,to which the limited liability provisions of M.G.L. e.21, § 17c shall apply. Special Condition 11: The Licensee shall provide to the Department, within thirty (3 0) days of receipt, adequate proof of issuance of the first Certificate of Occupancy on the project site as well as any other documentation requested in the Special Conditions above. Special Condition 12: The Licensee shall allow agents of the Department to enter the project site to verify compliance with the conditions of the Chapter 91 License to be issued hereto. Special Condition 13: The Licensee shall request in writing that the Department issue a Certificate of Compliance in accordance with 310 CMR 9.19. The request shall be accompanied by a certification by a registered professional engineer licensed to do business in the Commonwealth that the project was completed in accordance with the License. Special Condition 14: The Written Determination shall remain valid for up to one (1) year after issuance. Said term may be extended for one (1) or more one (1) year periods, provided that the Applicant submit to the Department, thirty (30) days prior to the expiration of said term a written request to extend the term and provides adequate justification for said extension. This condition shall expire upon issuance of the License to be issued pursuant hereto. Please see Page 14 for additional conditions to this License Duplicate of Draft License Plan No. W17-4929-N is 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. Written Determination and Draft Special Conditions Page 14 of 15 Waterways Application N9: W17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County 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 isions-heree€shall-be-secured-by-the-L-icensee-prior-to-the-commencement oUany=activity-or-use-authorized --- pursuant to ttiisZicense. _ --- ---__ _ 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. The Licensee stated that Jerome R. Sousa Jr.was the property owner at the time the application was submitted on March 6,2017. 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,M.G.L.Chapter 131,§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 MassDEP. 9. This License authorizes structure(s)and/or fill on: XPrivate 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. XCommonwealth 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. Written Determination and Draft Special Conditions Page 15 of 15 Waterways Application No: W17-4929-N Salem Flatbread, 311 Derby Street, South River, Salem, Essex County said Department, and compensation thereof has been made a em Flatbread, LLC -- by paying into the treasonwealth -- (N/A) --for each cubic yard so displaced,being 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, at the Registry of Deeds for the -- South District-- of the County of--Essex-- 1N WITNESS WHEREAS, said Department Proteetion h&ve Iteretmto set their hands this day of in the year two tho seventeen. Commissioner Department of Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS by the said -- Salem Flatbread, LLC --the further sum of-- (N/A) --the amount det by the Governor as a just and equitable charge for rights and privileges he anted in the land of the Commonwealth. BOSTON, Appreved by the t?I:ef-fl-9f. Governor III �•�x,..o t°«NTRAL.ST. _ �NOTE CE O b . --------------- NI - '',S TREET w . mm Y w�P 6w 6 « * �wmm.n�a.�.�•m<e,nmrt.ume: .� xdm .n SII! © NRfWiwuYrt A A / A••• A A � "vn -leOMmxM�xxO N� A N Y01' A y 1 f .v muvux� ..n ! �0 Nr a �"x wn•�e •"� / I '. LYn.Rx '&� •rammxxw nmm•vr�rwa®unm M+• . • �I I .u„ewcnmu,xa st �n r`}.n n N t NOTET.ENiIPESREFJ88i MHIN ',_f 3 Iw Lkenee B60 pewe]In 18A61 lj @t. #315 I 1 H..zoNE Enrawx la�ranwnm - ____ ct- 0 ... Driv¢— taus I OffA 33 #311 thrunansr wl. I �I !$$Iy $ I A a�.xswi•�a.un.ro.n..I-tM�u. "1 _ Ali �r,evurm. tTJ w I�f. naser srszsr r A EXISTING e" I m..x..,n.• CONDITIONS q.9 A _ 1 SURVEYED PLAN OF LAND .. I CHAPTER¢1AP UCAWN 1 l •,r=s-�`!r Salem Fletbread. LLC u L / II � �� to $�' n.we #311 Derby Street v Ix• 1-- N i 6 o1Am"Ma "g '""• T 1 > .. f71 1 Datum, NAV➢88 �:°pA ./ li .np..l -'a- ,•�+_.,. 1' s..s s �- .»..r..,, _• ¢arao.1 a. e c1 S U T H _ . ._..... 1d R V E R n.e".N.wa x•n... �. +uuxmaxwxm a.x.nm.. 1 meh mlO feet '�M.... wm.am ext nr•�la".num..t ..... . ee.ern.nem rl umnaxxwww/u l • I I ! I, Ii I' I ! f 1 e LOCUS i #311 DERBY STREET - ffI T NAn 91.LGT 11] �. 8 1 Iv iwl ap`v 11! e 1 I`A #315 I p Ne DERBY STREET �'' �' '- �'Ooz r d° NAn sr Im r1. i tf r e 2 �' fiVWOai-EaAuL vCiFWrrmVNwP pIMNp r ` 'I FFE=8 Re' ,^, P,YWo J1 RRH � I I R�14l, RIFA G'(t0 ' L�O a@ y PM,MN}a,a✓I A 11�'.� � '� � .•�NbF.y e Y m,mwnpnns / L , a ! L. /N8Ig4b4'�E MF -� MLMWM yi .N� rn.xe�a,a �Po� 1 MEAN HIGH WA �� - - SITE PLAN�R mF -/ \ NUA o BLOW-UP a GRAP ER 8/APPLICA ON MEAN tAW NATER Saleme Flatbread LLC P.nm.x ..n \ i #311 Derbyp Street y 1rtln Salem. MA C/elil ° <^Nh ZJ 211: ➢ntun NAVD'88 s,,;,ri MA jU T H R I V E R ♦a 1 , ,..,.:i �ArRmnz I inch = 4 feet a I III I � I 1I o mane.«Em�.,pwxp.em„m. D E R B Y "fM .. Y.. wm 3 sonuo n — n..e.... ays.aJ i. sae' -� d ' j0m(r..« r• .12E 01' I � 1 Imo:. .E.. ...... ... 1 � a�;e � • nt.re..rl�•4n�T' mil N91R _'s FrE=e.e9 ' g aly tI — ,' CROSS-SECTION a-a' liar (fie Not to Scale;_ a ' ► gym �_ _ .eE. aoaam R315I — r \ d'/taT STI - ,e amu• .c'6 ------- s License Mesa issued lase. th v - �...m.n 1 Note: zona nMm jJhr.ytjg— I iE I � .. AMUS FEMA AE Ae zone db elevation 100 (NAFD'9x DATUM). \ �' fE BeBi.m. F' 'DBRRY STREET TABLE OF AREA CALCULATIONS i '1' SI oss..o.mm ' I� Iwuma cx el .mmama:a) p I � Oa.+Onry°awss e .mn.vA...... .. ........a.°:6/ E.�E,..e. ... wm o.cavumwE .Aeon r°u4 cE. .. . rtes^r^e, 'e..�.l .nue ^.v ' wm:.n2 a mm 'n�.... mYN:__'.n" E.i.... se.) 4 c"- .enr E^ iuw�n l I E�29 i.1.11, nay.... F.E n.,,t A...'c.ea zi.Aw,.e n vow°t .PnOe�^ - A..11_.. m an assi.cmmswm� { - _ .: Eaor.vn.- suns casm�w aeaannccT. � Tb wTMSITE PLAN ti }'s+� < mew 0 anses. „,,, ,. TPs a.aa _ qm0 PROPOSED IMPROVEMENTS 1$ t� a (wan Xerbomakc ogm5ecaan) case e” a .amin°0.'dY'41 CHAPTER 91 APPLICATION as To '� Awn / ��;• .�J 's F1r`E°u"a m y ems. Salem Flatbread, LLC xrax xrex sawn / 1:.f / 9 "P�wa ••" '. //311 Derby Street Jf ( .+lmvwA l M f .. ! gWime 3320n Irxas a N' _ da` Datum- NAVD88 assa� ^� y _.. N °m.m - ....� PATROAICZp s' e Y x.ow,en.�m e .MICE a«.�.a. c S I',U T H RIVER "' 0f e..,: :. inch - m feet ' ...a „um.a ...«.e ae...a t ..«...«......« ..m.�e-�. li I I . , c _ _ z_ 0000 o o ® ® ° F9 FR F1 P919 F9 R F9 Rz -- - -- - 25 m z o z yD D m '_ f o p 00 r3o m D ® O ® oil E30o s8 a y SlateBlue Design 309 Asbury Street s FLATBREAD PIZZA AND BOWLING CENTER HamiROn,MA01982 4 857-719-3147 m 311 DERBY STREET, SALEM, MA DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M.G.L. Chapter 91 Waterways License Application Number W17-5045 Applicant: City of Salem Project Location: 12 Goodhue Street, Salem, Essex County Public Comments Deadline: October 27, 2017 NOTIFICATION DATE: September 27, 2017 Public notice is hereby given of the Waterways License Application by City of Salem to construct and maintain a 10-foot wide by 250-feet long shared-use path connection from Bridge Street to an existing shared-use path behind 28 Goodhue Street (the North•River.Apartments) along the North River Canal located on filled tidelands of the North River at 12 Goodhue Street in Salem, Essex County. The proposed project has been determined to be water-dependent. The Department will consider all written comments on this Waterways Application received by October 27, 2017 (Public Comments Deadline). Failure of any aggrieved person or group of ten (10) citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). The group of citizens must include no less than five (5) citizens who are residents of the municipality in which the proposed project is located. Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (617) 556-1198. 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: Susan You, Environmental Analyst, MassDEP Waterways Regulation Program, One Winter Street - 5th Floor, Boston, MA 02108 or email to Susan.Youastate.ma.us. i j i