9 HARBOR VIEW TERRACE - 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 �-y Matthew A.Beaton
Governor ,.� 7 - Secretary
Karyn E.Polito RE C t..��I V '
Martin Suuberg
Lieutenant Governor AUJ i o rto�7 1 2617 Commissioner
%1 i Jl li J1 V
DEPT - ILANNING L.
COMMOrv. , y DEVELOPM—dT
Scott Maxwell
9 Harbor View Terrace
Salem, MA 01970
RE: Final License #14423; 9 Harbor View Terrace, Salem, MA; in and over flowed
tidelands of Salem Harbor, Essex County.
Dear Mr. Maxwell:
The Department of Environmental Protection hereby issues the above-referenced Waterways
license, enclosed, authorizing Scott Maxwell 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.
No work shall be undertaken until the License 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 Worcester 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.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:vavw.mass.gov/dep
Printed on Recycled Paper
Waterways License#14423
9 Harbor View Terrace
Salem, Essex County
CERTIFICATE OF COMPLIANCE
Pursuant to 310 CMR 9.19, once the licensed project is complete, the Licensee 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.
Please feel free to contact Ivan Morales of the Waterways Regulation Program at (617)292-5560
or at Ivan.Morales(&state.ma.us, if you have any questions pertaining to the recording of your
Waterways license.
Sincerely,
Ben Lynch
Program Chief
Waterways Regulation Program
Cc: Mayor Kim Driscoll, City of Salem
Salem Conservation Commission (DEP #64-619)
Salem Planning Board
Salem Harbormaster
Enclosure(s): Waterways License# 14423
Notification of Waterways License Recordation form
The Commonwealth Of Massachusetts
Tor';
No. MassDEP USE ONLY It{ �-3 SIMPLIFIED LICENSE
BRP WW06
Applicant must fill in pages 1 and 2 of this license.
Scott Maxwell of the Town/City of: Salem in: Essex
Applimnfs name Town/City County
County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simplified
License to:
Please check. ®maintain an existing (pre-1984): ®construct a proposed or maintain an
existing (post-1984):
Please check all that apply below: Please check all that apply below:
❑ pier/dock ® pier/dock
❑ boat ramp ❑ ramp
❑ ramp ®float(s)
❑ float(s) ® pile(s)
❑ pile(s) ❑ boat lift
❑ boat lift ❑ pile-supported boat house
❑ boat house ❑other
❑ retaining walUseawail
❑ bulkhead
❑ rip rap/stone revetment
❑groin(s)
❑ Nonwater-dependent(NWD)residence
❑ other
and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to
the[Please check one:] ❑ Board of Selectmen® Mayor and City Council, of the Town/City of.
Salem
Town/city
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 licenses said Licensee, 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:
Please check all that apply. Please check all that apply:
® maintain existing structure(s)for: ®construct and maintain structure(s)for:
® non commercial docking/access to navigable water ® non commercial docking/access to navigable water
❑ shoreline stabilization ❑other
❑ residential, NWD building
❑other
in and over the waters of. Salem Harbor in the Town/City of: Salem
Waterway TowNcity
and in actor an with the locations shown and details indicated on the accompanying License Sketch Plan No.MassDEP
USE ONLY Z5 (total number of Sheet(s): FOR MassDEmisE ONLY '- )
License#DEPUSEONLY H426 Page 2
The total area of the combined structures, measured below mean/ordinary high water shall be no greater than a
total of 600 square feet for proposed water-dependent structures, or for structures built or substantially altered after
January 1, 1984 without any fill. For structures or fill constructed prior to January 1, 1984 and not substantially
altered since that date: any structures and fill, either water-dependent or nonwater-dependent, total no more than
600 square feet. In both instances structure is not a marina(i.e. does not serve ten or more vessels). Dimensions
of all structures are shown on the accompanying plan(s).
"I hereby make application for a License to authorize the activities I have described herein- Upon my signature,
I agree to allow the duly authorized representative of the Massachusetts Department of Environmental
Protection to enter upon the premises of the project site at reasonable times for the purpose of inspection. I
hereby certify that the information submitted in this document is true and accurate to the best of my knowledge.
And, upon my signature, that I have read the License and conditions and agree to the terms and conditions set
forth herein."
BOX A:
Scott Maxwell
Print Name
9 Harbor View Terrace
Mailing Address
Salem
City/Town(not village)
Salem MA Essex
State Zip Code County
978-314-2288 smaxwell@expressotech.com
(area code)telephone a-mail
Not cation: Your signature to the right certifies that
you have notified the entities as checked off in the
boxes below. - Ignatur of aWimnt Date
Notification of application
has been provided to:(please ®Local Conservation Commission ❑Board of Selectman ❑Mayor and City Council
check)
❑Zoning Authority El Planning Board
and has been sent by certified
mail to:(please check) ®Abutters ❑Interested Parties ❑Landowner(if not applicant)
BOX B:
If site address is different from mailing address:
Site Address of the structures -
Citylrown
State Zip Code County
BOX C:
If the applicant is different than the owner:
Owner
Engineer/Agent
NOTE: This License is not valid until such time as it has been numbered and signed by the appropriate State
officials (see page 5) and recorded at the Registry of Deeds.
License#mp,usE oN Y M&A 13 Page 3
USE: The structures authorized herein shall be for private non-commercial use of the licensee. The structures
shall not be used for commercial purposes, leased, rented or otherwise let for compensation. Any change in
use shall require an amendment to this license by the Department. The structures authorized herein shall be
limited to the following uses: noncommercial docking and boating access to navigable waters.
TERM: This License will expire fifteen (15) years from the date of License 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 the original license.
WATERWAYS CONDITIONS:
1.ACCESS: In accordance with any License condition, easement, or other public right of lateral passage that
exists in the area of the subject property lying between the high and low water marks"or"below the ordinary
high water mark", the Licensee shall allow the public in the exercise of such rights to pass freely over, under or
around all structures within such (intertidal)area. Accordingly, the Licensee shall place and maintain, in good
repair, a public access sign on the easterly/westerly or northerly/southerly sides of the pier/dock, authorized
herein or at each property line,adjacent to the high water shoreline. Said signs shall comply with the
Department's signage guidelines(see instructions) and shall be posted immediately upon license issuance or
completion of construction. 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.
In partial compensation for the private use of structures and/or fill on tidelands and/or private tidelands and/or
Great Ponds which interferes with the rights of the public to use such lands, the Licensee shall allow the public
to pass on foot, for any purpose and from dawn to dusk, within the area of the subject property lying seaward of
the high water mark or, for Great Ponds within the public access way delineated on the License plan/or within 5
feet of the ordinary high water shoreline. This condition shall not be construed to prevent the Licensee from
taking reasonable measures to discourage unlawful activity by users of the area intended for public passage,
including but not limited to trespassing on adjacent private areas and deposit of refuse of any kind or nature in
the water or on the shore. Further, the exercise by the public of free on-foot passage in accordance with this
condition shall be considered a permitted use to which the limited liability provisions of M.G.L. c.21, sl 7c shall
apply.
2. This License authorizes structure(s)and/or fill on:
FORsWla"PEP:USE ONLY
In accordance with the public easement that exists by law on private
J tidelands, the Licensee shall allow the public to use and to pass freely upon
R Private Tidelands the area of the subject property lying between the high and low water
marks, for the purposes of fishing, fowling, navigation, strolling and the
natural derivatives thereof.
The Licensee shall not restrict the public's right to use and to pass freely,
❑ Commonwealth Tidelands for any lawful purpose, upon lands lying seaward of the low water mark.
The Commonwealth holds said lands in trust for the benefit of the public.
❑ Great Pond 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.
3. 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. No
restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this
license.
License#DEP usE ONLY \�{�{13 Page 4
4. 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.
5.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.
6.The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms
and conditions stated herein.
7. 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(s)thereof.
8. This Waterways License is granted subject to all applicable Federal, State,County, and Municipal laws,
ordinances bnd regulations including but not limited to a valid final Order of Conditions issued pursuant to G.L.
Chapter 131, s.40,the Wetlands Protection Act.
CONSTRUCTION:
9a. The project shall not significantly interfere with littoral or riparian property owners' rights to access and
egress their property from the waterway. All structures shall be set back, at a minimum, at least twenty-five(25)
feet from abutting property lines, where feasible.
9b. Structures shall not extend beyond the length of existing piers used for similar purposes; in no case shall
the length extend more than '%of the way across a water body and shall conform to the square footage
requirements as stated in Construction Condition 9a.
9c. Within areas of salt marsh, structures shall be constructed with a minimum height of 4 feet above ground
level measured from the bottom of the stringer, and maximum width of 4 feet, or at a 1:1 ratio so as not to have
an adverse impact on the salt marsh or aquatic vegetation. Whereas, the width of the pier maybe equal to but
not greater than the height. Any ladders shall be constructed of durable materials, shall be fixed to the pier in
such a manner so as not to rest on the marsh, shall have a minimum width of 2.0 feet, and shall have adequate
railings extending above the pier/dock decking in order to facilitate safe passage.
9d. When removed, all seasonal structures shall be stored landward of the mean or ordinary high water
shoreline, vegetated wetlands, dunes and all wetland resource areas. Said storage shall be in conformance
with any applicable local, state or federal requirements.
9e. The float(s) shall be constructed with an appropriate number of piles/pipes, legs or stop blocks attached to
the float structural elements in order to maintain at least 24 inches of clearance off the bottom at extreme low
tides.
9f. 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 expiration of said construction
period, a written request to extend the period and provides an adequate justification for said extension.
DOCKING OF VESSELS:
10a. Motorized vessels shall be moored stern seaward of the float and shall have a draft no greater than that
which provides a minimum of one foot clearance from the bottom at extreme low water. Where eelgrass is
present, vessels shall not have any adverse affects on eelgrass in the area.
License#DEPusE.orr[Y 1`I� Page 5
10b. Vessels shall be moored such that they do not become grounded at any tide.
10c. No dredging (including, but not limited to effects of prop wash) is permitted herein.
10d. No boat moored at any dock may block or unduly impede navigation within the waterway or the use of any
adjacent dock.
COMPLIANCE
The Licensee, within sixty (60) days of completion of the licensed project,shall submit a written statement to the
Department that the project has been completed in substantial conformance with the conditions and plans of
said license, or a copy of the Certificate.of Compliance for this project issued.pursuant to the Wetlands
Protection Act(if the project was previously issued an Order of Conditions or Superseding Order of Conditions
under said Act).
This License shall be void unless the License and the accompanying plan(s)are recorded within 60 days from the
date hereof, in the Registry of Deeds for the said County.
Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms
and conditions stated herein. This License is granted upon the express condition that any and all other
applicable authorizations required due to the provisions hereof shall be secured by the Licensee prior to the
commencement of any activity of use authorized pursuant to this License.
FOP Mass-DEP USE ONLY:
THE COMMONWEALTH OF MASSACHUSETTS
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this
15th day of August in the year 2017
date month year
/ v Department of
Program Chief Environmental
Protection
THE COMMONWEALTH OF MASSACHUSETTS
This License is approved in consideration of the payment into the treasury of the Commonwealth by said—
of the further sum of dollars and zero cents ($ .00)
Applicant Amount
The amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in
the land of the Commonwealth.
Boston
Approved by the Governor.
-ElevemeF
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program
Instructions Chapter 91 Simplified Waterways License Application
Appendix C : Simplified License Plan — Sample Template
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License No. 141{;i,$
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program
Instructions Chapter 91 Simplified Waterways License Application
Appendix C ., Simplified License Plan — Sample Template
License No. 2J
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Adjacent Property Owners: q 4crtgce, QC-L iZTr' i
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2. County of: cc-S-�ZK
3. State: MA
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A Department of En4onmentaf Protection
\ Bureau of Water Resources (p rd.M , FRIT �WeS
One Winter Street ��� '
Boston, MA 02108 w. *tee 7
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0001391516AUG. 16. 2017.
City of Salem
Planning Board
Department of Planning& Community
Development
120 Washington Street, 3rd Floor
Salem, MA 01970
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