10 WHITE STREET - HCM - BUILDING JACKET �p w�4e S Q
SUP 0,r.,.,.
g0%Larger Label Area • •""'
F///Ts hIAD
KEEPING YOU ORGANIIED
um i8 M
r.rs►«AN
t�e�tisM
GETORGA MATSMEAD.WM
kwunymamm
+05raer4MRM
Sally Murtagh
From: Michelle OBrien <mobrien@zoningreport.com>
Sent: Tuesday, January 10, 2017 1:09 PM
To: Sally Murtagh
Subject: RE:Zoning Letter Request - Brewer Hawthorne Cove Marina
Importance: High
Hi Sally.
Sorry to trouble you again but our deadline is tomorrow. Were you able to speak to Tom regarding a whether you will
be able to provide a zoning verification letter, advise if the city has record or knowledge of any open/unresolved zoning,
building or fire code violations and confirm that the absence of CO(s) will not result in any enforcement action that
would affect the property?
Any information you can provide today would be greatly appreciated. If you are unable to provide a formal letter, an
email response would be appreciated.
Thank you.
Michelle O'Brien
Zoning Inc.
PO BOX 2056
Blanchard, OK 73010
Cell (405) 239-0545
Main (405) 366-9663
Fax (877) 800-5594
www.zoningreport.com
From: Sally Murtagh [mailto:SMurtagh@Salem.com]
Sent: Monday, January 09, 2017 2:20 PM
To: Michelle OBrien
Subject: RE: Zoning Letter Request- Brewer Hawthorne Cove Marina
No problem will talk to Tom in the morning!!
From: Michelle OBrien [mailto:mobrienCa@zoningreport.com]
Sent: Monday,January 09, 2017 3:15 PM
To: Sally Murtagh<SMurtaehC@Salem.com>
Subject: RE:Zoning Letter Request-Brewer Hawthorne Cove Marina
Thank you, Sally. Since there was no COs in the file, can you also please confirm that the absence of CO(s) will not result
in any enforcement action that would affect the property?
Michelle O'Brien
Zoning Inc.
1
PO Box 2056
Blanchard, OK 73010
Cell (405) 239-0545
Main (405) 366-9663
Fax (877) 800-5594
www.zoningreport.com
From: Sally Murtagh [mailto:SMurtagh(obSalem.com]
Sent: Monday, January 09, 2017 2:14 PM
To: Michelle OBrien
Subject: RE: Zoning Letter Request - Brewer Hawthorne Cove Marina
I will ask Tom St. Pierre in the morning, he is our Zoning Enforcement Officer and send it to you. I did not see Cer of
Occupancy in the file. I sent everything that we had.
From: Michelle OBrien [mailto:mobrien@zoninereport.com]
Sent: Monday,January 09, 2017 3:07 PM
To:Sally Murtagh <SMurtagh@Salem.com>
Subject: RE:Zoning Letter Request- Brewer Hawthorne Cove Marina
Importance: High
Good afternoon, Sally.
I received the FedEx package today with all of the approvals that you sent for Hawthorne Cove Marina. Will you be able
to provide a zoning verification letter, advise if the city has record or knowledge of any open/unresolved zoning, building
or fire code violations and provide copies of the Certificates of Occupancy?
Thank you.
Michelle O'Brien
Zoning Inc.
PO Box 2056
Blanchard, OK 73010
Cell (405) 239-0545
Main (405) 366-9663
Fax (877) 800-5594
www.zoningreport.com
From: Sally Murtagh [mailto:SMurtagh(ooSalem.com]
Sent: Friday, January 06, 2017 9:05 AM
To: Michelle OBrien
Subject: RE: Zoning Letter Request - Brewer Hawthorne Cove Marina
Michelle,
I will Fed Ex the information back to you. Sorry for the mix up.
Sally
2
LAWRENCE A. SIMEONE, P.A.
ATTORNEY AT LAW M P I S A. 0 52
THE POST OFFICE PROFESSIONAL BUIL G
300 BROADWAY, P.O. BOX 321 FILE t«
REVERE, MASSACHUSETTS 0215tiTY CLERK,SALEM,MA55,
TELEPHONE: (781)286-1560
FACSIMILE: (781)286-5532
February 17, 2012
Cheryl A. Lapointe, City Clerk
City of Salem
Office of the City Clerk
93 Washington Street
Salem, Ma. 01970
Re: Furlong et al. v. Belair, et al.
Land CourtNo.(Z-fAISCq 2 TC:(
Dear Sir/Madam:
Enclosed please find a Notice of Filing Complaint pursuant to M.G.L. 40A Section 17,
a copy of said complaint, a copy of the decision of the City of Salem Zoning Board of
Appeal filed February 1, 2012. Kindly stamp the enclosed copy of this letter to confirm
your receipt and return it to this office.
VeVenc
ours,
La . Simeone Jr., Esq.
cc: City Solicitor's Office
COMMONWEATLH OF MASSACHUSETTS
ESSEX, ss. LAND COURT DEPARTMENT
CIVIL ACTION NO.
MICHAEL F. FURLONG, MARIA T.
CASTRO, DAVID FRANK, SHANNON M.
O'DONNELL, MICHELE CORMIER,
MARK A. PEREZ, HAROLD C. LE SAGE JR.
DOLORES T. JORDAN, PRISCILLA LORD AND
KRISTEN M. O'CONNOR,
Plaintiffs,
V.
BONNIE BELAIR, RICHARD DIONNE,
JAMIE METSCH, JIMMY TSITSINOS,
ANN HARRIS, As They Are Members
Of The Salem Zoning Board of Appeals,
AND BHCM INC. DBA BREWER HAWTHORNE
COVE MARINA
Defendants
NOTICE OF FILING COMPLAINT FOR JUDICIAL REVIEW
PURSUANT TO M.G.L. c.40A Section 17
TO : Cheryl A. Lapointe, City Clerk
City of Salem
Office of the City Clerk
93 Washington Street
Salem, Ma. 01970
PLEASE TAKE NOTICE that Michael F. Furlong, Maria T. Castro, David Frank,
Shannon M. O'Donnell, Michele Cormier, Mark A. Perez, Harold C. Le Sage Jr., Dolores
T. Jordon, Priscilla Lord, and Kristen M. O'Connor ("the Plaintiffs") have filed in the
Land Court of pursuant to M.G.L.c.40A Section 17, seeking judicial review of the
2
decision of the Salem Zoning Board of Appeals which was filed in the office of the City
Clerk of Salem on February 1, 2012. A true copy of the said complaint is attached.
The Plaintiffs,
MICHAEL F. FURLONG et. als.
By their t orney,
L e e A. Simeone, Jr., Esq.
SBO 552605
300 Broadway, P.O. Box 321
Revere, MA 02151
(781) 286-1560
Dated: February 17, 2012
3
COMMONWEATLH,OF MASSACHUSETTS
ESSEX, ss. LAND COURT DEPARTMENT
CIVIL ACTION NO.121Y\15 C i-j Sc( ,S'SZ _3 CC
MICHAEL F. FURLONG, MARIA T.
CASTRO, DAVID FRANK, SHANNON M.
O'DONNFLL,MICHELE CORMIER,
MARK A PEREZ, HAROLD C. LE SAGE JR.
DOLORES,T.JORDAN, PRISCILLA LORD AND
KRIS TEN 1x1. 0'CONNOR,
Plaintiffs,
v. COQ T
BONNIE BEI AIR,.RICHARD DIONNE;
JAMIE METSCH, JIMMY TSITSINOS,
ANN HARRIS,.As They Are Members
Of The Salem Zoning Board of Appeals,
-AND BHCM INC.:DBA BREWER HAWTHORNE
COVE MARINA
Defendants
INTIIODii TION
Plaintiffs,Michael F. Furlong, Maria T. .Castro,David Frank,Shannon M. O'Donnell,
Michele Cormier, Mark A. Perez,Harold C. Le Sage Jr., Dolores T. Jordon, Priscilla
Lord,and Kristen M. O'Connor("the Plaintiffs")pursuant to M.G.L. c. 40 § 17 appeals
from the decision of the City of Salem Zoning Board of Appeal ("ZBA") which allowed
the petition of.BHCM Inc. d/b/a Brewer Hawthorne Cove Marina's request for approval
of a variance from front, side and rear set backs to allow for the construction of a building
related to boat yard/marina use at the property known and numbered 10 White Street and
.57 Rear Turner Street, Salem ("the Property"); located in the I, R-2 and B-1 zoning
districts in accordance with the.Salem.Zoning By-law, ("the by-law").
P— Ei
For their.complaint, the Plaintiffs alleges as follows:
1. The Plaintiff, Michael F. Furlong("Furlong") is an individual residing at 4 Blaney
Street U1,Salem, Massachusetts 01970.
2• The Plaintiff, Maria T. Castro ("Castro") is an individual residing at 4 Blaney
`Street U2,:Salem, Massachusetts 01970.
3. The Plaintiff, David-Frank("Frank")is an individual residing at 4.Blaney Street
U3, Salem, Massachusetts 01970.
4. The Plaintiff, Shannon M. O'Donnell.("O'Donnell") is an individual residing at 4
Blaney Street-U4, Salem, Massachusetts 01970.
5. TherPlaintiff, Michele Cormier("Cormier") is:an individual residing at 4 Blaney
Street U5,Salem, Massachusetts 01970.
6. The Plaintiff,Mark A. Perez("Perez") is an individual residing at.3 White Street,
Salem,Massachusetts 01970.
7. The'Plaintiff, Harold C. Le Sage,Jr. ("Le Sage") is an individual residing at 3
White Street, Salem, Massachusetts 01970.
8. The Plaintiff, Dolores T.Jordan("Jordan") is an individual residing at 97 Derby
Street,Salem,Massachusetts 01970.
9. The Plaintiff, Priscilla Lord ("Lord")is an individual residing at 33 Carlton Street
U4, Salem, Massachusetts 01970.
10. The Plaintiff, Kristen M. O'Connor("O'Connor") is an individual.residing at 33
carlton Street U3, Salem, Massachusetts 01970.
2
11. TheDefendantsas they are members of the City of Salem Zoning Board of
Appeal. Their names and addresses are as follows:
BONNIE BELAIR, RICHARD DIONNE,JAMIE METSCH, JIMMY TSITSINOS,
ANN HARRIS c/o.Board of Appeals Office, Salem City Hall Annex, 120 Washington
Street,Salem,Massachusetts 01970.
The Defendant members of the Zoning Board of Appeal are hereinafter referred to
collectively as the"ZBA").
12. The Defendant,BHCM Inc. d/b/a Brewer Hawthorne Cove Marina("BHCM"), is
a Massachusetts corporation with a principle place of business located at 10 White Street,
Salem, Massachusetts 01970.
ELM
13. The Property.consists of assessors parcels 41=0283-0; 41-0284-0, 41-029.8-0 also
identified as 8 White Street, 10 White Street and 57 Turner Rear Street with an area of
approximately seventy-two thousand (72,000±) square feet.
14. The Property possess frontage on White Street and Turner Rear, is improved
with an existing marinalboat yard operating thereon with associated temporary
structurest;and is serviced by existing infrastructure at this time including sewer,
drainage and water.
On information and belief in 2007 the prior permanent marina and boat yard structure(s)were damaged'
by.fire.and subsequently razed.
3
15. The Property is located in the I, R-2 and B-1 zoning districts in accordance
with the Salem Zoning By-Law; further the.Property is abutted by a residential dwellings
and a municipal parking lot.
, 16. The Property is recorded at Book 29838 Page 552 in the Southern Essex
Registryof Deeds.(see deed attached hereto);and is subject to Chapter 91 DEP license
plan 1261 dated December 22,2009 (see chapter 91 license plan attached hereto).
17. The BHCM,the Applicant and operator of the existing marina/boat yard on the
Property sought and received approval of a variance to permit the construction of anew
multi-story boat storage building with a proposed height of thirty-nine (39) feet 9 inches
and length of approximately one hundred and sixty-three (163) and 3 inches...
18. The:BCHM filed it's.application on October 26,2011 wherein it sought a
variance in accordance with Section 4:0 of the Salem Ordinance and M.G.L. c. 40A
Section 10 from ZBA to allow for the construction of the said boat storage building with
a proposed;front yard and side yard of five(5)feet and a rear yard of one and six tenths
(1.6)feet.
19. The
bylaw: Applicant specifically sought relief from the following provisions of the zoning
_
1. Section 4.0 with respect to minimum front yard set back of 30-ft, within the I
district; and
2. Section 4.0 with respect to minimum rear yard set back of 30-ft, within the I
district; and
4
3: :Section 4.0 with respect to minimum side yard set back of 30-ft, within the I
district,
20. Subsequent to which a duly advertised public hearings was held on November 16,
2011 by;the ZBA respecting BHCM's application;.the hearing was continued to January
18, 2012
21. After.the public hearing on January 18,.2012, the ZBA voted to approve the
•befendant's application for variance.
22. The Decision of the ZBA was filed with the City of Salem Clerk's Office on February
.1; 2012 (ZBA Decision attached hereto marked 'b't A.).
LMI
(M G---L c 44 61 YAduce s l)
23. The Plaintiffs re-alleges and incorporates as-if stated herein the allegations contained
in paragraph#I through# 22 of the Complaint.
24. The approval of the requested variance to reduce the set back requirements in order
that the Applicant may construct a boat yard storage building on the Property was an
abuse of the board's discretion, exceeded the board's authority and was based upon
:legally untenable;unreasonable, whimsieal,.and arbitrary and capricious grounds,for
reasons including but not limited to those stated in its decision.
5
25. The ZBA's;grant is based on erroneous and unlawful findings.
26.Plaintiffs are persons aggrieved by the decision of the ZBA allowing the application
for a variance as set forth herein.
WHEREFORE,the Plaintiffs request that the Court grant the following relief.
1. As to Count I. determine that the finding n}ade by the ZBA was arbitrary,
capricious,.;based upon untenable grounds and exceeded the authority of the
board;and
2. Annul the ZBA decision in that it exceeds the authority of the board; and
3. Grant such relief as justice.and equity may require.
The Plaintiffs,
WCHEAL F. FURLONG et. al.
By their o ey,
r0e#n A . Simeone, Jr., Esq.
52605
300 Broadway,P.O. Box 321
Revere, MA 02151
(781) 2864560
Dated; February 17, 2012
6
CITY OF SALEM, MASSACHUSETTS
(u 91 1
J� BOARD OF APPEAL
120 WASHINGTON STREET♦SALEM,MASSACHUSFCIS 01970
KlMBERLPY DRucou - - TELE:978-619-5685 + FAX:978-740-0404
MAYOR
M
r
rn
February 1, 2012 ;'—
>m �
De ision 'p
n
City of Salem Zoning Board of Appeals
Petition Qf BHCM,.;INC.-D/B/A BREWERNAWTHORNE COVE MARINA requesting Variances from.front,
3idand.rear"yardsetbacl requirements to.construct anew building on 10.WHITE STREET and 57 REAR
{Nh�i.$TREETrelated to the boat yard/marina us,e ofthe property(1, R-2 and B-1).
A
public.hearing.on,the,above Petition was opened on November 16, 2011.pursuantto Mass General
Law,Ch,,40A, § 11. ;The hearing was continued to January 18, 2012 and closed on that date with the
follow IngZoning;Board of Appeals members present: Annie Harris (acting as chair),.Richard Dionne,
Jamie Metsch,Jimmy Tsitsinos and Bonnie Belair.
Petitioner seeks a.Variance pursuant to Section 4.0 of the City of Salem Zoning Ordinances.
Statements of.fact:
1. Attorney George W. Atkins III represented petitioner BHCM, Inc.(DBA Brewer Hawthorne Cove
Marina) at the-hearing.
2. In a Petition date-stamped October 26, 2011, petitioner requested a Variance pursuant to Sec.
4.0 of the Salem Zoning Ordinance to construct a new building on 10 White Street and 57 Rear
Turner Street related to the boat yard/marina use of the property.
3.. Accompanying the application form was a statement attesting to the unusual shape of the
parcel, waterfront soil conditions, mixed zoning of the site, and limited access at the end of
White Street; and stating that enforcement of the dimensional regulations of the Salem Zoning
Ordinance would result in hardship because the petitioner would not be "reasonably able" to use
the property for a marina and boat yard,
4. The Board received three letters from residents opposed to the project, and one In support.
S. At the hearing on January 18, 2011, numerous neighbors spoke about the petition, several in
favor of it.andseveral against it, View was,,a commonly cited reason for both support and
. 6. opposition, with some neighbors preferring the view offered by the proposed new building, and
others preferring that of the previous marina structure.
7. Also:at the January 18 hearing,.Attorney Atkins stated that the proposed location for the new
building was operationally best for the marina, and,would have the least impact on views in the
neighborhood. A view corridor study and shadow study were submitted at the hearing.
The Board of Appeal, after careful consideration of the evidence:presented at the public hearing, and
after thorough review.of the plans and petition submitted, makes the following findings:
1. Literale nforcement of the provisions of the Zoning.Ordinance would require the
applicant;to place the building in such a location the Board finds to be less appropriate
than the one proposed. The view analysis presented showed that Impact of views from
the neighborhood would be lessened if the building were placed where proposed.
2. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the.zoning
ordinance,since impacts to the neighborhood were shown to be less substantial if sited
as proposed rather than where it would be allowed by right.
3. In,permitting such change,the Board of Appeals requires certain appropriate.conditions
and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing including,but
not,limited to,the Plans, Documents and testimony, the Zoning Board of Appeals voted four (4) in favor
(Harris,.Metsch, Dionne and Tsitsinos) and one (1) opposed (Belair), to-grant the requested Variance
under Section 4.0 of the Ordinance to allow construction of a marina:building as shown on the plans
submitted,.subject,to the following terms, conditions and,safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations,
2. All construction shall be.done as per the plans and dimensions submitted to and
approved by.the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be
strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained. .
6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall
display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to, the Planning Board,
8. The existing Quonset but is to be removed from the property.
J�T'l7<
Annie Harris,
Salem Board of Appeals
A COPY 0F.THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
;Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General
:Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk
has been filed with the Essex South Registry of Deeds:
ZONING CHART
Required Proposed
Lot Area 40,000 SF 1.8 Ac Complies
Lot Frontage 150 FT 39.99 FT Complies as Non-Conforming Lot
Lot Width 150 FT 240 t FT Complies
Lot.Coverage 40% 14.3% Complies
Front Yard 30 FT 5 FT Variance
Side Yard 30 FT 5 FT Variance
Rear Yard 30 FT 1.6 FT Variance
Maximum Height 45 FT .39.9 FT Complies
Parking:
(A)Service Industry 17-20 115
Complies
(B)Recreation 46 115 Complies
t'j Ip II III I'�II 1
} ��I��I�I��III�N�I��H�I�
QUITCLAIM DEED 20101005002.2 6k.,29138 ,1,552
1010012010-Bti21 GEED Pp it
Hawthorne Cove Marina, Incorporated;a MIasgaFh14r,, porporation, of 10 White Street, Salem,
MA 01970,
for consideration of Two Million Three Hundred and Thirty Five Thousand ($2,335,000.00)
Dollars,
grants to BHCM lnc., a Massachusetts corporation,of 10 White Street, Salem, MA:01970,
with QUITCLAIM COVBNANTS the premises in Salem,Massachusetts described on the
attachod.Exhibit A.
For Grantor's.title see deed recorded at Essex South Registry of Deeds, Book 11868,Page 86.
Witness my hand and seal this 301h day of September, 2010:
Russell.T. Vickers, President and Treasurer
of'Hawthome Cove Marina, Incorporated
41 COMMONWEALTH OF MASSACHUSETTS
Essex, ss. September 30, 2010
On this'301h day of September,2010,before,ine, the undersigned notarypublic,
personally appeared Russell T. Vickers,President and Treasurer of Hawthorne Cove Marina,
Incorporated,proved to me through satisfactory evidence:of identification,whi was my
personal knowledge of him,to be the person whose name is signed on th eceding;or attached
document,.and acknowledged tome that he signed it voluntarily on alf of Hawthorne Cove
Marina, Incorporated for its stated purpose.
aaupu.
Southern 0191/141 ROD
'
southern
10106/2005120 10 01104 PR
0}0009 r) BrOti:290630 ID: 200009 Doot SM99 _
OWrthirn.6eepx:V11triot 0
691sthr Pat. 910,641,60'Dbne: ;2i900000.0
10/0014010'01:04 PM DEED'Pei 1/3 -
Exhibit A-Ptonerty Decry etion
8-10 White Street,;Salem,.Massachusetts
R57 Turner Street, Salem,Massachusetts
Three parcels of land, with the buildings and improvements thereon, located in Salem, Essex
County,Massachusetts and bounded and described as,follows:
The;registered.land with the buildings thereon bounded and described as follows:
SOUTHWESTERLY by White Street four and 53/100 (4.53) feet;
NORTHWESTERLY fourteen and 73/100(14.73) feet,and
NORTHEASTERLY measuring on the upland one hundred thirty and 83/100(130,83)
feet by land now or formerly of the Russell Sim Tanning
Company; .
SOUTHERLY . by Salem Harbor;
SOUTHWESTERLY by land now or formerly of Mary H. Remon measuring on the
upland two hundred fifty and 57/100(250.57).feet; and
NORTHWESTERLY by)and now or£ormorly of Fannie Towsinslci and by the and of
said White$beet OnOundred fifty three and 99/100 (153:99) feet.
All of said boundaries, except the water lines,are determined by.the Land Court to be located as
shown upon.plan numbered 148574, drawn byThomas A. Appleton, Engineer,.dated May
1931, as modified and approved by the Land Court, filed in the Land Registration Office,a copy
of a portion of which is filed with original Certificate of Title 9278 in the Southern Registry
District of Essex County.
The above;described land is subject to easements asset forth in a deed-given by John 1. Becket et
al to William Hunt, dated July 28, 1840, duly recorded in Book 320,.page 2,in said Essex South
Registry of Deeds, so far as in force and applicable.
PARCEL TWO:
Beginning at the Northeasterly corner of White.Street ata point 25.4 feet Southerly from the
tenement house or adjoining land now or formerly of Whipple et at; thence running
SOUTHWESTERLY on a line parallel-with and one(1) foot from the storehouse on the
premises about 116 feet to land of Darrit;thence running
SOUTHEASTERLY 17.7 feet and Southwesterly about 25 feet to land of Estate of
Albert Whipple, both courses by land of Darrit;thence running
SOUTHEASTERLY about 64 feet by land of said estate to land of Lewis&Lord;
thence running
NORTHEASTERLYby land of LeW�g &'t ord 139.9 feet to White Street; thence
running
NORTHERLY by the fenceby White Street.about 44 feet to the-comer of said
storehouse; thence running more
NORTHERLY 413 feet to the point begun at by White Street,
PARCEL THRRE:
The land with the buildings thereon, adjacent-to Turner.Street.and Salem Harbor shown as Lot A
on a plan entitled."Subdivision of a Portion of the Estate of Clara C.Miller, Salem, Mass.,23
September, 1958,Chas. H. Morse& Sons Engrs.Haverhill, Mass.", recorded with Essex South
District,Registry of Deeds Book 4519, Page 189 and bounded and described as follows:
Beginning.at a point on the curb adjacent to Turner Street by land now or late of Whipple and a
bank wall;and running
SOUTHEASTERLY by Tomer Street and right of way, fifteen and 82/100(1.5.82)feet
to Parcel`B" as shown on plan aforesaid;.thence running
NORTHEASTERLY by said Parcel.B;thirty-seven and 46/100(37,46) feet to a stake;
thence running
SOUTHEASTERLY by said Parcel B, ninety-three(93) feet to a sea wall;thence
running
I .
NORTHEASTERLY by the Sea Wall,one hundred and fifteen and 02/100(115.02)feet
to a point; thence running
NORTHWESTERLY by the Dock,one hundred thirty-three and 03/1.00 (133,03)feet;
thence tunun�
NORTHEASTERLY by said William K.Oilley, et ux, one hundred seventeen and
54/100(11.7,54) feet to land now or formerly of Towinski;thence
running
SOUTHWESTERLY by said land now or formerly of Towinski,twenty-four and.83
(24.83)feet to the bank:wall at land of Whipple;thence turning
and running in a more
SOUTHERLY direction by said land of Whipple, eighteen (18) feet; thence
running a
WESTERLY direction by said land of Whipple, twelve and 50/100(12.50)feet
to landnow or formerly of Clay, thence running
SOUTHEASTERLY on aline parallelwith the side of the bum and three(3)inches
distant therefrom,twenty-four and 10/100(24.10)•feet; thence
running
SOUTHWESTERLY by said land:ir�tklsy,`t�yelve and 50/100(12,50)feet; thence..
running
SOUTHEASTERLY by land formerly of Clay and now or formerly of Kapka, eighty-
seven(87)feet to 4point, thence running
SOUTHWESTERLY by said land of Kapka, six,and 62/100:(6.62) feet;thence running
WESTERLY by land of Kapka, fifty(50)feet to said Turner Street and the point
of beginning.
Together:with all right, title and interest in and to.the dock,pier and flats adjoining.
IIIIIIIIIIIN�IIIIIIHIINIIIHIIIIIIIIIL
2018010600401 Bk;Y9��4;Pg-.209
01100/2010.02:17 LION P0 110
At
No, 12621
1 .
bcteas� Hawthorne Cove Marina
Of -- Salem --, in the County of •- Essex -- and Commonwealth aforesaid, has applied to the
Department of Environmental Protection for license to -- construct and maintain a 2;200 square
footsi001# story marina building; install and maintain gas, water, sewer and electrical utility lines
arid.removetwo (2) existing trailers----
and has submitted..-plans of the sameI and whereas :due notice of said application has been
given,as required by law, to the — Mayor and City Council— of the --City of Salem;----- --
I I Ip1Y��
NOW, said Department, having heard all parties desiring to be heard, and having fully considered
said application, hereby, authorizes and licenses the said
-- Hawthorne.Cove Marina - , subject to'the provisions of the ninety-first chapter of the General
Laws, and,of all laws which are or may In force.applicable thereto, to — construct and maintain
a 2;200 square foot single story marina building; install. and maintain,gas,.water, sewer and
electrical Utility lines and remove two (2)existing-trailers ---
In-00 over-.the waters of -- Salem Harbor -- at:10 White Street -- in the -- City -- of -- Salem -
and in accordance with the locations :shown and details in on the accompanying DEP
License Plan No. 12621, (2 sheets).
1 � 1ij
- PRWWON:RIMLSP RAPER .
License No. 12621 Page 2
The structures hereby authorized shall pe iimited to.the following uses: to provide for office and
marina support space, restroom facilities and utilities to service the proposed marina building,
SPECIAL WAT RMYS CONDITIONS
1. This license is valid for 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 the original license:
2. Any utility services provided at the.;mgrins,shal� be constructed and maintained in compliance
with all applicable local and state requiremerits.. .
Please see-page 3 for additional conditions to this license. ---------_._.___..�---
---------------------
Duplicate of said,plan, number 12621 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, 12621 Page 3
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shell consifiute 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 pjjg_r to,the oommencemem 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`substamfel structural alteration
Of any structure or filCauthorized herein shall render this Waterway$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.Departmentjieo given written notice of the alleged noncompliance to the
Licensee and those parsons who have filed a.written request for such notice with Ina Department and_aRorded them a
reasonable opportunity to coned said noncompliance. Fsllure to correct said noncompfianca after the issuance of a written
notice by the pepartment shall render th(s Wa1em!ays License void and the Commonweakh may proceed to remove or cause
removal;ot any atruclure or fill authorized herein atlhe,expehsa;Plthe Licensee,its successors antl assigns.as an unauthorized
and unlawful struclure and/or fill.
S. The structures and/or fill authorized herein shall be.maintained In good.repalr and In accordance with the terms and
conditions stated herein and the details indicated on the accompanying license plans.
0, Nothing In this Waterways.License shall be construed as authorizing encroachment in, on or over property not owned or
controlled.by the,Licensee,except Mlh the.written,00neentof the owner or owners thereof,
7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and
regulations Induifing but.not limited ip a valid final Orrler of Condklons Issued pursuant to the Wetlands Piotectron Act,G.l.
Chapter 131;s.40.
8. This Waterways License is granted,upon the.express condition that the use of the structures end/or.fill authorized hereby
snail be in striot.conformance with all so
pliosble:mgolremente.and.authorizations of DEP. .
S. This License authorizes structure(s)and/or fill on
„_(Private Tidelands. In accordance with the,.public easement that exists by few on.privata fidelands;,the licensee shall allow
the public to use and to pass freely upon the:aree of the subject property lying between lhe-fiigh and low water marks,for
the purposea of fishing,fowling;navigation,and the naturaWarivotivesthereof.
._Commonwealth Tidelands. The Licensee shall nol.motrlct the public's right to use and to pass treaty, for lawful
purpose.upon lands tying 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 Licansee,shall.not restrict the public's right to use and to pass freey upon lands
lying seaward of the high water mark forany lowly/qurpgsel,
Navigable;RNer 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.mllabllity 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.
i
License No. 12821
Page 4
The amount•of tidewater displaced, by the wgrk,hereby authorized has been ascertained by said
Department;and compensation thereof;hagubaer,;4 ade by the said Hawthorne Cove Marina by
paying into the treasury of the Comm' lth'"4 zero dollars.and zero cents ($0;00.)- for each
cubic yard so displaced, being the amount gereby 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 theaccompanying plan are recorded within 60 days.
from the date hereof, in the Registry of Deeds:for the County of—.Essex
JN:WITNESS WHEREAS, said Department of Environmental.Protection have hereunto set their
hands this 6wenty-second day of December in the year two thousand and nine
Program Chief Department of
Environmental
Protection
THE COMMQNWfAtfiM q :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 ealth.
BOSTON,
6averner
Q ,
PI�(NOT IS PRS N)
eo� '
e a
W LOCUS MAP
. MUS 311NV
CONC. g 3
-114
0 al
o ,
Wlat n X a
w n °a Z4
3 z .
ZZ VI
_
Q F Itjtq
�
el
aR
Lo
: �■�j I I � PDRSMB �A �i
O jdy 'I'II:... p •:�pL�H 0F
,,po ;� verve
,,;,y„ •. �6f ��d9 3 No.24301' .
rlriN I� 4 9FQ/8T6Po
WHITE STREET
VARIBLE WIDTH)
A ` 2 D UN�mNuK ✓"pn .
(PUBLIC- � o
CON
one,
K"wSHEET 1 OF i
PLAN AM
OMPANYING THE. PETi11GN. OF:
HA1N 1 AW COVE MARINA
,MARINA BWII,DING A&LACEMANT
�� �1ARBD1t-'
l ��.Jam. •I' J 'I, `,•' .
77
Wit
lum
, .JI
.,vu. 1•, .yl , o.�- is
Y,y, �� •��p�3Nn,, � •'iso. i
U4 It
I r
�r 11 �N u1 UlN
} � }.All• � 0 i gt.E; � `Q
aYm ie.� . ✓I}�
zz
Of�:
-
Q r r ig�8
t` ii li F6r'.
yywi ll ' ,F I l �G 1 , L ,1�'`' CPT NC'.,. GQf Tin'E896T
Ir. :AF.,ABIE k . :. L,N( ^/• ..rout ; q 01:041,WWWO Igo.,
ke
BOOK 155,nlu Ou A Y
THE Pn!QN OF: APPIQVW,by Q9P @�of Emt)ran�eeatel Prahollon
IANT odt° DEC 2 Z two
' . t{c.. �strea SH��7 '� ��• i