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Forest River Park Pool Waterways License Application - March 24, 2020 T R A N S M I T T A L Erik Rexford 3 Clock Tower Place, Suite 250 Maynard, MA 01754-0700 Phone: 978/461-6241 Fax: 978/897-0099 Date: March 24, 2020 To: Daniel Padien, Program Chief MassDEP – Waterways Regulation Program One Winter Street Boston, MA 02108 From: Erik Rexford RE: Chapter 91 License Application: Forest River Pool Replacement – Salem, MA  Urgent  For Review  Please Comment  Please Reply  For Your Use Mr. Padien, Enclosed please find two hard copies of the Chapter 91 Waterways License Application for the proposed Forest River Pool Replacement in Salem, MA. Should you have any questions or comments concerning this document, please do not hesitate to contact me at the above number, or by email at erexford@epsilonassociates.com. Thank you, Erik Rexford Chapter 91 Waterways License Application March 24, 2020 FOREST RIVER POOL REPLACEMENT Submitted to: Massachusetts Department of Environmental Protection Waterways Regulation Program One Winter Street Boston, MA 02108 Submitted by: City of Salem Salem City Hall Annex 98 Washington Street Salem, Massachusetts 01970 Prepared by: Epsilon Associates, Inc. 3 Mill & Main Place, Suite 250 Maynard, MA 01754 In Association with: Anser Advisory Bargmann Hendrie + Archetype, Inc Hancock Associates Kyle Zick Landscape Architecture Norian / Siani Engineering, Inc. Chapter 91 Waterways License Application March 24, 2020 FOREST RIVER POOL REPLACEMENTSALEM, MASSACHUSETTS Submitted to: Massachusetts Department of Environmental Protection Waterways Regulation Program One Winter Street Boston, MA 02108 Submitted by: City of Salem Salem City Hall Annex 98 Washington Street Salem, Massachusetts 01970 Prepared by: Epsilon Associates, Inc. 3 Mill & Main Place, Suite 250 Maynard, MA 01754 In Association with: Anser Advisory Bargmann Hendrie + Archetype, Inc. Hancock Associates Kyle Zick Landscape Architecture Norian / Siani Engineering, Inc. Table of Contents 5145/Forest River Pool Replacement A-i Table of Contents Chapter 91 Waterways License Application Epsilon Associates, Inc. TABLE OF CONTENTS MASSDEP TRANSMITTAL FORM CHAPTER 91 WATERWAYS LICENSE APPLICATION FORMS ATTACHMENT A - PROJECT NARRATIVE 1 1.0 Introduction 1 1.1 Existing Conditions 1 1.2 Site Context and Use 1 1.3 Chapter 91 Jurisdiction 4 1.3.1 Chapter 91 Licensing History 4 1.3.2 Chapter 91 Setting and Jurisdictional Considerations 6 1.3.3 Public Service Project 6 1.4 Massachusetts Environmental Policy Act Review 6 1.5 Massachusetts Wetlands Protection Act 7 2.0 Project Description 7 2.1 Pool and Splashpad 7 2.2 Bathhouse Improvements 7 2.3 Site Improvements and Resiliency 9 2.4 Shoreline Restoration 11 3.0 Public Benefits 11 4.0 Chapter 91 Licensing Review 12 4.1 Massachusetts General Laws Chapter 91 12 4.1.1 Limit of Filled Tidelands 12 4.1.2 Water Dependency 12 4.1.3 Commonwealth Tidelands 13 4.1.4 Water-Dependent Use Zone 13 4.2 Chapter 91 Licensing / Regulatory Standards Review 13 4.2.1 §9.15 Extended Term Chapter 91 License 13 4.2.2 §9.32 Categorical Restrictions on Fill and Structures 14 4.2.3 §9.33 Environmental Protection Standards 14 4.2.4 §9.34 Conformance with Municipal Zoning and Harbor Plans 15 4.2.5 §9.35 Standards to Preserve Water-Related Public Rights 15 4.2.6 §9.36 Standards to Protect Water-Dependent Uses 15 4.2.7 §9.37 Engineering Construction Standards 15 4.2.8 §9.51 Conservation of Capacity for Water-Dependent Use 16 4.2.9 §9.52 Utilization of Shoreline for Water-Dependent Purposes 16 4.2.10 §9.53 Commonwealth Tidelands 16 4.2.11 §9.54 Consistency with Coastal Zone Management Policies 16 5.0 Summary and Conclusion 16 5145/Forest River Pool Replacement A-ii Table of Contents Chapter 91 Waterways License Application Epsilon Associates, Inc. TABLE OF CONTENTS (Continued) ATTACHMENT B - EXISTING CONDITIONS PLAN ATTACHMENT C – CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM ATTACHMENT D – DRAFT LICENSE PLANS List of Figures Figure 1 USGS Locus Map 2 Figure 2 Aerial Locus Map 3 Figure 3 Chapter 91 Presumptive Jurisdictional Boundary 5 Figure 4 Site Plan 8 Figure 5 FEMA Flood Zones 10 Fee Transmittal Form 1_Fee Transmittal Form tr-formw_2.13.20.doc • rev. 12/17 Page 1 of 1 Enter your transmittal number X285648 Transmittal Number Your unique Transmittal Number can be accessed online: http://www.mass.gov/eea/agencies/massdep/service/approvals/transmittal-form-for-payment.html Massachusetts Department of Environmental Protection Transmittal Form for Permit Application and Payment 1. Please type or print. A separate Transmittal Form must be completed for each permit application. 2. Make your check payable to the Commonwealth of Massachusetts and mail it with a copy of this form to: MassDEP, P.O. Box 4062, Boston, MA 02211. 3. Three copies of this form will be needed. Copy 1 - the original must accompany your permit application. Copy 2 must accompany your fee payment. Copy 3 should be retained for your records 4. Both fee-paying and exempt applicants must mail a copy of this transmittal form to: MassDEP P.O. Box 4062 Boston, MA 02211 * Note: For BWSC Permits, enter the LSP. A. Permit Information BRP WW01b 1. Permit Code: 4 to 7 character code from permit instructions Waterways License 2. Name of Permit Category Water-dependent - Public Service Project 3. Type of Project or Activity B. Applicant Information – Firm or Individual City of Salem 1. Name of Firm - Or, if party needing this approval is an individual enter name below: 2. Last Name of Individual 3. First Name of Individual 4. MI City Hall Annex, 98 Washington Street 5. Street Address Salem 6. City/Town MA 7. State 01970 8. Zip Code 9. Telephone # 10. Ext. # Jenna Ide 11. Contact Person jide@salem.com 12. e-mail address C. Facility, Site or Individual Requiring Approval Forest River Pool Replacement 1. Name of Facility, Site Or Individual 51 Clifton Avenue 2. Street Address Salem 3. City/Town MA 4. State 01970 5. Zip Code 6. Telephone # 7. Ext. # 8. DEP Facility Number (if Known) 9. Federal I.D. Number (if Known) 10. BWSC Tracking # (if Known) D. Application Prepared by (if different from Section B)* Epsilon Associates, Inc. 1. Name of Firm Or Individual 3 Mill & Main Place, Suite 250 2. Address Maynard 3. City/Town MA 4. State 01754 5. Zip Code 978-897-7100 6. Telephone # 7. Ext. # Erik Rexford 8. Contact Person 9. LSP Number (BWSC Permits only) E. Permit - Project Coordination 1. Is this project subject to MEPA review? yes no If yes, enter the project’s EOEA file number - assigned when an Environmental Notification Form is submitted to the MEPA unit: 16147 EOEA File Number F. Amount Due DEP Use Only Special Provisions: 1. Fee Exempt (city, town or municipal housing authority)(state agency if fee is $100 or less). There are no fee exemptions for BWSC permits, regardless of applicant status. 2. Hardship Request - payment extensions according to 310 CMR 4.04(3)(c). 3. Alternative Schedule Project (according to 310 CMR 4.05 and 4.10). 4. Homeowner (according to 310 CMR 4.02). Permit No: Rec’d Date: Reviewer: Check Number Dollar Amount Date Chapter 91 Waterways License Application Form BRP WW01b CH91App.doc • Rev. 03/17 Page 1 of 13 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Chapter 91 Waterways License Application - 310 CMR 9.00 Water-Dependent, Nonwater-Dependent, Amendment X285648 Transmittal No. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. For assistance in completing this application, please see the “Instructions”. A. Application Information (Check one) NOTE: For Chapter 91 Simplified License application form and information see the Self Licensing Package for BRP WW06. Name (Complete Application Sections) Check One Fee Application # WATER-DEPENDENT - General (A-H) Residential with < 4 units $215.00 BRP WW01a Other $330.00 BRP WW01b Extended Term $3,350.00 BRP WW01c Amendment (A-H) Residential with < 4 units $100.00 BRP WW03a Other $125.00 BRP WW03b NONWATER-DEPENDENT - Full (A-H) Residential with < 4 units $665.00 BRP WW15a Other $2,005.00 BRP WW15b Extended Term $3,350.00 BRP WW15c Partial (A-H) Residential with < 4 units $665.00 BRP WW14a Other $2,005.00 BRP WW14b Extended Term $3,350.00 BRP WW14c Municipal Harbor Plan (A-H) Residential with < 4 units $665.00 BRP WW16a Other $2,005.00 BRP WW16b Extended Term $3,350.00 BRP WW16c Joint MEPA/EIR (A-H) Residential with < 4 units $665.00 BRP WW17a Other $2,005.00 BRP WW17b Extended Term $3,350.00 BRP WW17c Amendment (A-H) Residential with < 4 units $530.00 BRP WW03c Other $1,000.00 BRP WW03d Extended Term $1,335.00 BRP WW03e CH91App.doc • Rev. 03/17 Page 2 of 13 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Chapter 91 Waterways License Application - 310 CMR 9.00 Water-Dependent, Nonwater-Dependent, Amendment X285648 Transmittal No. B. Applicant Information Proposed Project/Use Information 1. Applicant: Note: Please refer to the “Instructions” City of Salem Name jide@salem.com E-mail Address City Hall Annex, 98 Washington Street Mailing Address Salem City/Town MA State 01970 Zip Code Telephone Number 617-727-5363 Fax Number 2. Authorized Agent (if any): Epsilon Associates, Inc. Name erexford@epsilonassociates.com E-mail Address 3 Mill & Main Place, Suite 250 Mailing Address Maynard City/Town MA State 01754 Zip Code 9788977100 Telephone Number 978-897-0099 Fax Number C. Proposed Project/Use Information 1. Property Information (all information must be provided): Owner Name (if different from applicant) 33-0743 Tax Assessor’s Map and Parcel Numbers 42°30'18.33"N Latitude 70°53'1.93" W 51 Clifton Avenue, Salem Street Address and City/Town MA State 01970 Zip Code 2. Registered Land Yes No 3. Name of the water body where the project site is located: Salem Harbor 4. Description of the water body in which the project site is located (check all that apply): Type Nature Designation Nontidal river/stream Natural Area of Critical Environmental Concern Flowed tidelands Enlarged/dammed Designated Port Area Filled tidelands Uncertain Ocean Sanctuary Great Pond Uncertain Uncertain CH91App.doc • Rev. 03/17 Page 3 of 13 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Chapter 91 Waterways License Application - 310 CMR 9.00 Water-Dependent, Nonwater-Dependent, Amendment X285648 Transmittal No. C. Proposed Project/Use Information (cont.) Select use(s) from Project Type Table on pg. 2 of the “Instructions” 5. Proposed Use/Activity description The Project includes the rehabilitation of an existing bathhouse, including the construction a 1,030 sf building expansion to serve as a community room, replacement of the existing pool and construction of a splash pad, construction of an approximately 820 sf support building for filtration equipment and life guard facilities, and restoration of portions of the historically altered shoreline. 6. What is the estimated total cost of proposed work (including materials & labor)? $10.0 Million 7. List the name & complete mailing address of each abutter (attach additional sheets, if necessary). An abutter is defined as the owner of land that shares a common boundary with the project site, as well as the owner of land that lies within 50’ across a waterbody from the project. Carl J. Decotis Revocable Trust 35 Belleau Road, Salem, MA 01970 Address Judith A. Janvrin Name 38 Shore Avenue, Salem, MA 01970 Address Name Address D. Project Plans 1. I have attached plans for my project in accordance with the instructions contained in (check one): Appendix A (License plan) Appendix B (Permit plan) 2. Other State and Local Approvals/Certifications 401 Water Quality Certificate Date of Issuance Wetlands DEP No. 064-0693 File Number Jurisdictional Determination JD- File Number MEPA EEA No. 16147 File Number EOEA Secretary Certificate 2/28/2020 Date 21E Waste Site Cleanup RTN Number CH91App.doc • Rev. 03/17 Page 5 of 13 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Chapter 91 Waterways License Application - 310 CMR 9.00 Water-Dependent, Nonwater-Dependent, Amendment X285648 Transmittal No. F. Waterways Dredging Addendum 1. Provide a description of the dredging project Maintenance Dredging (include last dredge date & permit no.) Improvement Dredging N/A Purpose of Dredging 2. What is the volume (cubic yards) of material to be dredged? 3. What method will be used to dredge? Hydraulic Mechanical Other 4. Describe disposal method and provide disposal location (include separate disposal site location map) 5. Provide copy of grain size analysis. If grain size is compatible for beach nourishment purposes, the Department recommends that the dredged material be used as beach nourishment for public beaches. Note: In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)1, public access easements below the existing high water mark shall be secured by applicant and submitted to the Department. CH91App.doc • Rev. 03/17 Page 6 of 13 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Chapter 91 Waterways License Application - 310 CMR 9.00 Water-Dependent, Nonwater-Dependent, Amendment X285648 Transmittal No. G. Municipal Zoning Certificate City of Salem Name of Applicant 51 Clifton Avenue Project street address Salem Harbor Waterway Salem City/Town Description of use or change in use: The Project includes the rehabilitation of an existing bathhouse, including the construction a 1,030 sf building expansion to serve as a community room, replacement of the existing pool and construction of a splash pad, construction of an approximately 820 sf support building for filtration equipment and life guard facilities, and restoration of portions of the historically altered shoreline. To be completed by municipal clerk or appropriate municipal official: “I hereby certify that the project described above and more fully detailed in the applicant’s waterways license application and plans is not in violation of local zoning ordinances and bylaws.” Printed Name of Municipal Official Date Signature of Municipal Official Title Salem City/Town CH91App.doc • Rev. 03/17 Page 7 of 13 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Chapter 91 Waterways License Application - 310 CMR 9.00 Water-Dependent, Nonwater-Dependent, Amendment X285648 Transmittal No. H. Municipal Planning Board Notification Notice to Applicant: Section H should be completed and submitted along with the original application material. City of Salem Name of Applicant 51 Clifton Avenue Project street address Salem Harbor Waterway Salem City/Town Description of use or change in use: The Project includes the rehabilitation of an existing bathhouse, including the construction a 1,030 sf building expansion to serve as a community room, replacement of the existing pool and construction of a splash pad, construction of an approximately 820 sf support building for filtration equipment and life guard facilities, and restoration of portions of the historically altered shoreline. To be completed by municipal clerk or appropriate municipal official: “I hereby certify that the project described above and more fully detailed in the applicant’s waterways license application and plans have been submitted by the applicant to the municipal planning board.” Printed Name of Municipal Official Date Signature of Municipal Official Title City/Town Note: Any comments, including but not limited to written comments, by the general public, applicant, municipality, and/or an interested party submitted after the close of the public comment period pertaining to this Application shall not be considered, and shall not constitute a basis for standing in any further appeal pursuant to 310 CMR 9.13(4) and/or 310 CMR 9.17. Attachment A Project Narrative 5145/Forest River Pool Replacement A-1 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. ATTACHMENT A - PROJECT NARRATIVE 1.0 Introduction After several years of planning and design work, the City of Salem (“City”) is proposing to undertake a substantial rehabilitation of the Forest River Park (“Park”) pool and bathhouse, including to construct a 1,030 square foot (“sf”) building expansion of the bathhouse to serve as a community room, to replace the existing pool with a smaller more manageable and functional pool, to incorporate a splash pad, to construct an approximately 820 sf support building for filtration equipment and life guard facilities, and to restore portions of the historically altered shoreline, resulting in a more sustainable, resilient, and functional public amenity (the “Project”). The Project will also remove the existing tennis courts, elevate the pool deck approximately 3.0 feet above the current FEMA 100-year flood elevation, reconfigure site access for emergency vehicles, and provide parking for handicap accessibility and staff in proximity to the Project Site. The Project has been designed to support flexible programming, including outdoor educational opportunities whereby the bathhouse will support classroom and hands-on education in topics such as kayaking, nature exploration and identification, and coastal ecology. The City will run much of the programming but will also partner with local schools and non-profit organizations, including: YMCA, Salem Sound Coastwatch, Salem State University, public schools, and the North Shore Community Development Corporation. The new community room may also support smaller functions and classes that generate revenue to support operations. This facility will also provide a cooling area for residents during heat waves. 1.1 Existing Conditions The Project is located within the 29-acre Park on Pickering Point at the southerly end of Salem Harbor in Salem, Massachusetts (see Figure 1). The Park is an important recreational and community asset for the City and surrounding communities. The Park encompasses several features including recreational fields, park buildings, parking areas, paved driveways, forested uplands, and a small pond. Also located within the Park is Pioneer Village, a recreated 17th century village that serves as a living history museum. The Project Site is an approximately 3.5-acre area of the Park that comprises an existing pool, bathhouse, tennis courts, landscaped open space, and vehicular access drives (“Project Site”) as shown on Figure 2. The tidal portions of the Project Site feature coastal beach, rocky inter-tidal shoreline, and small areas of saltmarsh along with miscellaneous rubble and fill material presumably remaining from the construction of the seawall and pool. 1.2 Site Context and Use The Park’s pool has existed in several configurations since the Park was acquired by the City in 1907. Circa 1910, the City lined what was then a tidal inlet with cement and constructed a bathhouse and other facilities. The original bathhouse was replaced with the existing structure in Figure 1USGS Locus Map Forest River Pool Salem, Massachusetts G:\Projects2\MA\Salem\5145\2020\MXD\1_USGS.mxd Data Source: Bureau of Geographic Information (MassGIS), Commonwealth of Massachusetts, Executive Office of Technology and Security Services LEGEND Basemap: USGS Quadrangles, MassGIS °0 1,000 2,000 Feet1 inch = 2,000 feetScale1:24,000 Project Site Project Site Belleau Road Figure 2Aerial Locus Map Forest River Pool Salem, Massachusetts G:\Projects2\MA\Salem\5145\2020\MXD\2_Aerial.mxd Data Source: Bureau of Geographic Information (MassGIS), Commonwealth of Massachusetts, Executive Office of Technology and Security Services Forest River Park SalemHarbor LEGEND Basemap: 2019 Nearmap Aerial Imagery °0 100 200 Feet1 inch = 200 feetScale1:2,400 Project Site 5145/Forest River Pool Replacement A-4 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. the 1920s or 1930s, which continued to serve pool patrons. A renovation of the bathhouse was conducted in 1972 along with the construction of the existing concrete pool form and the addition of a shallow “kiddie” pool. In constructing the existing pool form, a concrete seawall was erected at the mouth of the tidal inlet and fill material was placed behind the seawall and at the toe of the seawall. The pool remained saltwater until 1999 and was filled by a concrete pipe extending into the adjacent Salem Harbor. The concrete pipe remains abandoned in place. The pool has since been converted to freshwater and largely remains in its original configuration. In 2018, the pool and bathhouse facilities were taken out of public service by the City following damage to the pool’s filtration equipment caused by flooding during a coastal storm event. Additionally, the pool’s concrete form has deteriorated to the extent that during its final operating seasons it was estimated to leak approximately 30,000 gallons per day of treated pool water. Due to the porosity of the pool, charging of groundwater levels from tidal action in the harbor continuously affect the water level in the pool. Additionally, the pool’s proximity to the harbor and its elevation below Mean High Water (“MHW”) make it no longer possible to completely drain the pool to conduct necessary repairs and safety maintenance. The existing, approximately 4,270 sf bathhouse is a single-story building located at the northeast edge of the pool. As noted above, the bathhouse was constructed during the 1920s or 1930s and has had few modifications and renovations. The bathhouse is constructed of block and stucco and sits on a concrete slab. In general, the structural components of the bathhouse are in serviceable condition; however, the building systems and envelope are in need of repair or replacement. For public safety, the pool and bathhouse are currently secured from public access by a chain link fence 1.3 Chapter 91 Jurisdiction The Project Site is located on filled tidelands, abuts flowed tidelands, and is not separated from the water by a public way. As such, uses and structures on this site are subject to Chapter 91, the Public Waterfront Act, and the regulatory provisions thereof at 310 CMR 9.00 et seq. (Waterways Regulations). Figure 3 shows the location of the Project Site in relation to the former extent of the flowed tidelands of Salem Harbor. As shown in Figure 3, the Historic High Water Mark (“HHWM”) encompasses portions of the existing pool, pool deck and adjacent landscaped open space, and the westerly portion of the existing bathhouse. 1.3.1 Chapter 91 Licensing History No prior authorizations for fill placed seaward of HHWM, the existing pool or its prior iterations, or the bathhouse were identified at the Southern Essex Registry of Deeds, in MassDEP’s license records, or in records of the Massachusetts General Court. Belleau Road Figure 3 DEP Tidelands Jurisdiction Forest River Pool Salem, Massachusetts G:\Projects2\MA\Salem\5145\2020\MXD\4_Ch91.mxd Data Source: Bureau of Geographic Information (MassGIS), Commonwealth of Massachusetts, Executive Office of Technology and Security Services Forest River Park SalemHarbor LEGEND Basemap: 2019 Nearmap Aerial Imagery Project Site Historic High Water/Chapter 91 Jurisdiction °0 100 200 Feet1 inch = 200 feetScale1:2,400 5145/Forest River Pool Replacement A-6 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. 1.3.2 Chapter 91 Setting and Jurisdictional Considerations The Waterways Regulations establish review and performance standards for projects based upon a number of criteria; key among these are a project’s status as a “water-dependent” or “nonwater-dependent” project. As defined by §9.12 of the Waterways Regulations, water- dependent uses typically have a clearly established need to be located at or on the water. Water- dependent uses also include parks and pedestrian facilities that promote the use and enjoyment of the water by the general public and are located at or near the water's edge, including but not limited to, any park adjacent to a waterway and created by a public agency. Therefore, the Park is considered a water-dependent use. The Waterways Regulations at §9.12(3) also find uses customarily associated with and necessary to accommodate a principal water-dependent use to be “accessory to a water-dependent use.” In that a public pool has been a feature of the Park for more than 100 years and that its operation is both integral to the function of and commensurate in scale with the Park, itself a water-dependent use, the Project is considered an “accessory to a water-dependent use.” As a water-dependent use, the Project is not subject to the design and use standards of the Waterways Regulations at §9.51, Conservation of the Capacity for Water-Dependent Use and §9.52, Utilization of Shoreline for Water-Dependent Purposes. 1.3.3 Public Service Project The Project is being advanced by the City, a public agency as defined at §9.02 and, the Project meets the Chapter 91 definition of a “public service project.” A “public service project” is defined by the Waterways Regulations at §9.02, in part, as “a project: (a) whose entire control, development, and operation is undertaken by a public agency for the provision of facilities or services directly to the public (or to another public agency for such provision to the public) by the public agency…”). 1.4 Massachusetts Environmental Policy Act Review An Environmental Notification Form (“ENF”) was filed for the Forest River Pool Replacement project pursuant to the Massachusetts Environmental Policy Act (“MEPA”) on January 15, 2020 (EEA No. 1647). On February 28, 2020, the Secretary of Energy and Environmental Affairs issued a Certificate on the ENF stating that the Project did not require the preparation and filing of an Environmental Impact Report (“EIR”). A copy of the MEPA Certificate is included as Attachment B. 5145/Forest River Pool Replacement A-7 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. 1.5 Massachusetts Wetlands Protection Act The coastal wetland resource areas at the Project Site consist of: Coastal Bank, Coastal Beach, Tidal Flat, Rocky Intertidal Shore, Salt Marsh, Land Under the Ocean and the overlay wetland resource of Land Containing Shellfish. A Notice of Intent (“NOI”) for work within these resource areas was submitted to the City of Salem Conservation Commission on March 3, 2020. 2.0 Project Description The Project consists of three primary elements: 1) the replacement of the existing pool with a smaller more manageable and functional pool, the incorporation of a splash pad, and the construction of an approximately 820 sf support building for filtration equipment and life guard facilities; 2) the rehabilitation of the existing bathhouse and the construction of an approximately 1,030 sf addition to serve as a community room; and, 3) the removal of the existing seawall and the restoration of portions of the filled tidelands to coastal beach and coastal bank planted with high marsh species. As noted above, only portions of the Project Site are within Chapter 91 jurisdiction. The Project Site plan, including the HHWM and limit of Chapter 91 jurisdiction, is depicted on Figure 4 and identifies project elements within Chapter 91 jurisdiction for which the City seeks a Chapter 91 license. 2.1 Pool and Splashpad The Project will provide a new public pool and splashpad for the residents of Salem and neighboring communities that currently lack this public amenity. Unlike natural swimming facilities, the Project‘s facilities will be designed in compliance with the Americans with Disabilities Act (“ADA”). The existing pool will be replaced with a new 5,000 sf combination lap and recreational pool, a 2,300 sf kiddie pool, a new pool deck area of approximately 13,000 sf, and a 2,400 sf splash pad. The splash pad will also allow for extended seasonal operations earlier in June and later in September when the pool may not be open. Most of the kiddie pool, the southerly portion of the combination lap pool, and portions of the pool deck are within Chapter 91 jurisdiction. 2.2 Bathhouse Improvements The City endeavors to rehabilitate the single-story bathhouse to achieve net zero energy consumption by incorporating sustainable and energy efficient building design measures and systems across all elements of the Project. Additionally, the City will strive to achieve certification under the Sustainable Sites Initiative (SITES) V2 Rating System through strategies that include reduction in water demand, filtration and reduction of stormwater runoff, reduced energy consumption, and increased recreational opportunities. Figure 4Site PlanForest River Pool Replacement Salem, Massachusetts 5145/Forest River Pool Replacement A-9 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. The pool and bathhouse are intended for seasonal use. During the shoulder seasons limited areas of the bathhouse, including the proposed community room, will be used for various community- based activities. Most of the bathhouse will not be heated during the off-season and those portions of the building will not require an insulated thermal envelope. The primary function of the bathhouse, in service to pool and Park patrons, will be restored upon completion of the Project. Only the westerly portion of the bathhouse, which will include public changing rooms and lockers, is within Chapter 91 jurisdiction. Nonetheless, the entirety of the bathhouse will be accessible to the public when it’s operational. The community room and the proposed public access paths will also be used by the community for coastal based educational opportunities including naturalist programs, birding, kayaking, and swimming. The community room can be used for indoor education to complement the outdoor education programming. 2.3 Site Improvements and Resiliency Due to the Project’s location adjacent to Salem Harbor, the future impacts of climate change may affect the Project Site in a number of ways, both directly and indirectly. One significant effect of climate change is an increase in the mean sea level. Sea level rise increases the risk of flooding posed to infrastructure and ecosystems resulting from both coastal storm events and high tides. The existing pool floods during coastal storm events. Most notably, during the winter storms of 2018 when the pool’s filtration equipment was damaged during a flood event. As shown on Figure 5, upland areas of the Project Site are located within FEMA Zone AE (Elevation 11-feet NAVD88) and seaward areas of the Project Site are within Zone VE (Elevation 16-feet NAVD88). During the design process, the City evaluated a range of strategies to mitigate the effects of climate change on the facility and to lessen the Project’s contribution to climate change. As a result of this deliberative design process, the City has integrated strategies which ensure the Project adequately addresses near- and long-term coastal resilience concerns caused by sea level rise and coastal flooding. The primary strategy being adopted to address the Project Site’s resiliency is elevating the lower-lying areas of the Project Site, including the pool, pool deck, support building, and the surrounding landscaped areas. By constructing the pool deck and support building approximately three feet above the current FEMA 100-year flood elevation, the facilities will be located well above flood levels experienced in recent years and those anticipated in the coming years. The existing bathhouse is already elevated approximately four feet above the current FEMA 100-year flood elevation and has not been subject to flooding from coastal storms. As described above, the City is focused on minimizing the Project’s contributions to climate change by striving to achieve net zero energy consumption by incorporating sustainable and energy efficient building design measures and systems across all elements of the Project. Belleau Road Figure 5 FEMA Flood Zones Forest River Pool Salem, Massachusetts G:\Projects2\MA\Salem\5145\2020\MXD\3_FEMA_20200304.mxd Data Source: Bureau of Geographic Information (MassGIS), Commonwealth of Massachusetts, Executive Office of Technology and Security Services Forest River Park SalemHarbor LEGEND Basemap: 2019 Nearmap Aerial Imagery °0 100 200 Feet1 inch = 200 feetScale1:2,400 Project Site FEMA Flood Zone AE FEMA Flood Zone VE 5145/Forest River Pool Replacement A-11 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. 2.4 Shoreline Restoration The City and design team evaluated several design alternatives to both restore the shoreline at the Project Site and to increase its resiliency. The preferred approach is to return a section of the Project Site to a condition that more closely represents the historic form of the shoreline by removing fill material landward of MHW and reconstructing areas of Coastal Beach and Coastal Bank. The Coastal Bank will be planted with high marsh and other Coastal Bank plantings suitable for the Project Site. The restored shoreline will enhance natural resource function and will provide storm damage protection by removing the deteriorating seawall and increasing the elevation of the Project Site at the top of the Coastal Bank and upland portions of the Project Site. Public access walkways and signage will be installed in areas around the pool, bathhouse, and in proximity to the top of the coastal bank. Other amenities such as seating areas, trash receptacles, and “mutt mitt” stations will also be provided. The City anticipates that the shoreline restoration will incorporate interpretive signage describing the surrounding ecosystem and history of the Project Site. Additional detail on the shoreline restoration is shown on the draft license plans included as Attachment C. No fill is proposed to be placed or removed seaward of MHW. The abandoned concrete pipe, gravel wash from the toe of the seawall, and other debris will be removed seaward of MHW. To the extent feasible, site grading and non-structural stabilization landward of the existing seawall will be performed prior to removal of the seawall. The City will work with contractors to minimize the duration of construction activities in wetland resource areas and will ensure that equipment access routes to those areas are located to minimize construction impacts to the extent practicable. Contractors will be expected to define manageable work areas seaward of the seawall in which activities can be completed within three hours of either side of low tide. Work seaward of the existing seawall will be timed to commence once tidal waters have fallen sufficiently and at no time will work occur within open water of the intertidal area. The use of mechanical equipment within wetlands resource areas will be minimized and the removal of existing concrete debris and gravel washed from the toe of the seawall, for example, will be removed by hand when feasible. 3.0 Public Benefits The Project offers a variety of public benefits that will mitigate the temporary impacts related to the construction of the Project, including: ♦ A reduction in impervious area and the installation a new stormwater management system that will increase on-site stormwater recharge, decrease site stormwater runoff, and improve the quality of stormwater runoff; 5145/Forest River Pool Replacement A-12 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. ♦ An expanded area of Coastal Beach and restored Coastal Bank with vegetation that will provide habitat for coastal species and increase coastal resilience for the Project Site; ♦ The preservation and rehabilitation of the historic bathhouse; ♦ Improved pedestrian access through the Project Site and along the harbor’s edge; ♦ New, accessible public restrooms within the bathhouse; ♦ New public meeting space within the bathhouse; and ♦ A new, state-of-the-art public swimming pool and splash pad. 4.0 Chapter 91 Licensing Review The Project Site is located on filled tidelands, abuts flowed tidelands, and is not separated from the water by a public way. As such, activities and structures on portions of the Project Site are subject to Chapter 91, the Waterfront Protection Act, and the Waterways Regulations. The following sections review the Project in relation to the principal provisions of Chapter 91 and its implementing regulations. 4.1 Massachusetts General Laws Chapter 91 Chapter 91, as implemented through regulations promulgated and administered by the MassDEP Waterways Regulation Program, provides for the protection of the public’s rights to navigation along, and access to, the Massachusetts shoreline. The Waterways Regulations establish standards for jurisdictional projects based on a number of criteria. Key among these are a project’s status as water-dependent or nonwater-dependent, its location on flowed or filled tidelands, and its location on tidelands identified as either Private or Commonwealth Tidelands. The following sections review Chapter 91 jurisdiction and the proposed uses and activities on those portions of the Project Site subject to the licensing provisions of Chapter 91 relative to the applicable standards referenced above. 4.1.1 Limit of Filled Tidelands The limits of the filled tidelands on the Project Site and the filled and flowed tidelands proximate to the Project Site are shown on Figure 3. These limits were established utilizing the presumptive Chapter 91 jurisdictional lines developed for MassDEP by the Massachusetts Office of Coastal Zone Management. 4.1.2 Water Dependency As noted in Section 1.3 and pursuant to §9.12(3)(a), the Project is an “accessory to a water-dependent use” and the Project meets the definition of a Public Service Project pursuant to §9.02. 5145/Forest River Pool Replacement A-13 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. 4.1.3 Commonwealth Tidelands The Waterways Regulations at §9.02 define Commonwealth Tidelands as those “tidelands held by the Commonwealth, or by its political subdivisions or a quasi-public agency or authority, in trust for the benefit of the public.” The Project Site is held by the City of Salem, a political subdivision of the Commonwealth of Massachusetts, and can be deemed to overlie Commonwealth Tidelands. 4.1.4 Water-Dependent Use Zone The Chapter 91 regulations at §9.51 stipulate that nonwater-dependent use projects on any tidelands shall not unreasonably diminish the capacity of such lands to accommodate water- dependent uses. Toward this end, the regulations provide for the recognition of a water- dependent use zone within which new or expanded nonwater-dependent buildings are not allowed. As a water-dependent project, the Project Site does not include a Water-Dependent Use Zone. 4.2 Chapter 91 Licensing / Regulatory Standards Review This Chapter 91 license application is being submitted for the replacement of the existing pool and its associated facilities, renovation of the bathhouse, restoration of the shoreline, and authorization of the existing fill to remain, and increasing the elevation of the Project Site. This work also includes the removal of the on-site tennis courts, provision of on-site parking, and improvements to landscaped public open space. The following subsections review the proposed improvements to the Project Site for consistency with applicable Chapter 91 regulatory standards. 4.2.1 §9.15 Extended Term Chapter 91 License The Project will be licensed for an unlimited term in accordance with the Chapter 91 regulations at 310 CMR 9.15(c), which state: “The Department shall issue a license for an unlimited term for any project whose entire control, development, and operation is undertaken by a public agency for the provision of services directly to the public (or to another public agency for such provision to the public) by the public agency, its contractor or agent, unless an unlimited term is not deemed appropriate by the Department.” In support of the unlimited term of the license, it is of note that the Project provides the following public benefits: ♦ While not a regulatory requirement, the bathhouse will include a new community room for use by public interest and neighborhood groups for meeting and consultation space. In addition, the Project will offer public restrooms and other facilities during the operating hours of the pool and bathhouse. 5145/Forest River Pool Replacement A-14 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. ♦ The Project will result in the conversion of a portion of the existing, paved open space on the Project Site to new public open space in the form of open lawn and landscaped parkland, and creates a number of new pedestrian walkways through the Project Site. ♦ The bathhouse and other facilities are being designed to achieve net zero energy consumption by incorporating sustainable and energy efficient building design measures and systems across all elements of the Project. Such measures may include a highly efficient building envelope, high albedo roofing, photovoltaic solar panels (“PV”), air source heat pumps (“ASHP”), energy recovery ventilators (“ERV”), LED lighting with occupancy and daylight sensors or time limits, and heating, ventilation, and air conditioning (“HVAC”) which utilize energy efficient electronically commutated motors (“ECMs”). The net zero energy goal is consistent with the City of Salem’s Clean Energy and Green Community goals, and the City may offset some consumption on site with offset credits. Additionally, the City will strive to achieve certification under the SITES V2 Rating System through strategies that include: reduction in water demand, filtration and reduction of stormwater runoff, reduced energy consumption, and increased recreational opportunities. 4.2.2 §9.32 Categorical Restrictions on Fill and Structures None of the proposed uses or improvements is categorically restricted in previously filled tidelands. 4.2.3 §9.33 Environmental Protection Standards In accordance with §9.33, all projects must comply with the applicable environmental regulatory programs of the Commonwealth. Regulatory programs specifically applicable to the Project, and the status of the Project with respect to those programs, are summarized below. ♦ The Massachusetts Environmental Policy Act. An ENF was filed for the Project pursuant to the MEPA on January 15, 2020 (EEA No. 16147). On February 28, 2020, the Secretary of Energy and Environmental Affairs issued a MEPA Certificate on the ENF stating that the Project did not require the preparation and filing of an EIR. A copy of the MEPA Certificate is included as Attachment B of this application. ♦ Massachusetts Wetlands Protection Act. The coastal wetland resource areas at the Project Site consist of: Coastal Bank, Coastal Beach, Tidal Flat, Rocky Intertidal Shore, Salt Marsh, Land Under the Ocean and the overlay wetland resource of Land Containing Shellfish. A NOI for work within these resource areas was submitted to the City of Salem Conservation Commission on March 3, 2020. ♦ Massachusetts Historical Commission Review. The Massachusetts Historical Commission was formally notified of the Project through the submittal of the above-referenced MEPA 5145/Forest River Pool Replacement A-15 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. ENF. Although the Massachusetts Historical Commission (“MHC”) did not formally comment on the Project during the designated review period, the City anticipates further consultations with the Salem Historical Commission and MHC related to the proposed rehabilitation of the bathhouse. ♦ Coastal Zone Management Consistency Review. The Project Site is located within the coastal zone as identified in the regulations of the Coastal Zone Management Program at 301 CMR 20.00 et seq. A review of the Massachusetts Office of Coastal Zone Management Policy Guide (October 2011) and the Coastal Zone Management Policies indicate that the Project is fully consistent with the policies detailed therein. 4.2.4 §9.34 Conformance with Municipal Zoning and Harbor Plans The Project is not subject to local zoning and there is no Municipal Harbor Plan for the Project Site or surrounding lands. The previously developed Salem Harbor Plan covers the property from Winter Island to Palmer Cove, north of the Project Site. 4.2.5 §9.35 Standards to Preserve Water-Related Public Rights The Chapter 91 Waterways regulations at §9.35 are designed to preserve the public’s rights to navigation along the water, free passage over and through the water, and access to Town Landings, and are also designed to ensure that jurisdictional public waterfront open spaces are properly managed and maintained. The Project is an accessory to a water-dependent use and is therefore consistent with the concept of preserving the public’s rights in tidelands. The Project is also deemed a “public service project” that provides “services directly to the public,” in this case services that support the public recreational use of the Forest River Park and adjacent Salem Harbor. 4.2.6 §9.36 Standards to Protect Water-Dependent Uses The Chapter 91 regulations at §9.36 are designed to protect any water-dependent uses occurring at or proximate to a project site. This includes water-dependent uses within the five years prior to the filing of the license application. The Project is an accessory to a water-dependent use and, as such, will protect and preserve the water-dependent uses surrounding the site. The pool and bathhouse will be restored to public service, while the improvements to the Project Site, including mitigating the risks of sea level rise and coastal storms, will maintain and enhance the public’s access to the Salem Harbor shoreline and the public spaces and amenities of the Park. 4.2.7 §9.37 Engineering Construction Standards All structures associated with Project will be designed and constructed in a manner that is structurally sound and will be certified by a registered Professional Engineer. No new seawalls or 5145/Forest River Pool Replacement A-16 Project Narrative Chapter 91 Waterways License Application Epsilon Associates, Inc. other coastal structures are proposed. Improvements to the site will provide those measures necessary to ensure resiliency to future flooding event, as well as measures to prevent the Project from exacerbating the effects of any flood event. 4.2.8 §9.51 Conservation of Capacity for Water-Dependent Use The regulations at §9.51 are specific to nonwater-dependent projects and are therefore not applicable to the Project. 4.2.9 §9.52 Utilization of Shoreline for Water-Dependent Purposes The regulations at §9.52 are specific to nonwater-dependent projects and are therefore not applicable to the Project. 4.2.10 §9.53 Commonwealth Tidelands The regulations at §9.53 are specific to nonwater-dependent projects and are therefore not applicable to the Project. 4.2.11 §9.54 Consistency with Coastal Zone Management Policies The Chapter 91 regulations at §9.54 state that “nonwater-dependent use projects located in the coastal zone shall be consistent with all policies of the Massachusetts Coastal Zone Management Program, pursuant to 310 CMR 20.05(3).” As noted in Section 4.2.3, the Project Site is located in the coastal zone but is an accessory to a water-dependent use. Therefore, a review of the Massachusetts Office of Coastal Zone Management Policy Guide (October 2011) indicates that the Project is fully consistent with the Coastal Zone Management Policies as detailed therein. 5.0 Summary and Conclusion The Project has been determined to be an accessory to a water-dependent and will preserve and enhance the water-dependent public service aspects of the Park and return to service an important community asset that provides public recreational opportunities and access to Salem Harbor. The Project is fully compliant with the purpose and intent of the Public Waterfront Act and the Waterways Regulations. Attachment B Existing Conditions Plan ARCHITECTPROJECT NAMECLIENTPROJECT TEAMREVISIONSDRAWING TITLEDRAWING INFORMATIONDRAWING NUMBERBargmann Hendrie + Archetype, Inc.9 Channel Center StreetBoston, MA 02210617 350-0450 TelCopyright BH+A, Inc.DATE OF ISSUEDESCRIPTIONSCALEDRAWN BYPROJECT #FILE NAME12345DATE+abh22748sp.dwg 1"=20'AD22748 (HSA)January 13, 2020Existing ConditionsForest RiverPoolCity of Salem93 Washington StreetSalem, MA 01970Structures North60 Washington Street,Salem MA 01970978.745.6817STRUCTURAL ENGINEERNorian Siani43 Bradford Street, 3rd Fl.Concord, MA 01742781.398.2250MEP/FP ENGINEERHANCOCK ASSOCIATES121 EAST BERKELEY ST.Boston, MA 02118617-357-8145CIVIL ENGINEERKyle Zick Landscape Architecture36 Bromfield Street, Suite 202Boston, MA 02108617.451.1018LANDSCAPE32 Clifton StreetSalem, MA 01970Epsilon Associates3 Mill & Main Place, Suite 250978.897.7100HISTORIC CONSULTANTMaynard, MA 01754 Attachment C Certificate of the Secretary of Energy and Environmental Affairs on the MEPA Environmental Notification Form Attachment D Draft License Plans XXTOP OF C O A S T A L B A N K PLAN ACCOMPANYING THE PETITION OF FOREST RIVER PARK TO CONSTRUCT & MAINTAIN POOL PATIO IMPROVEMENTS ON FILLED TIDELANDS OF SALEM HARBOR, SALEM (ESSEX COUNTY), MA ANTHONY DONATO MASS. P.E. NO. 40706 I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE UNIFORM INSTRUCTIONS FOR THE PREPARATION OF PLANS AS SET FORTH BY THE REGISTERS OF DEEDS HANCOCK ASSOCIATES ANTHONY DONATO REG. PROFESSIONAL ENGINEER MASS. NO. 40706 DATE: LOCUS MAP NOTES: 1. ELEVATIONS, IN FEET, REFER TO CITY OF SALEM DATUM 2. MEAN LOW WATER (MLW)= -0.33' MEAN HIGH WATER (MHW)=+9.27' (SOURCE: NOAA VDATUM SOFTWARE) 3. TW=TOP OF SEA WALL BW=BOTTOM OF SEA WALL 4. ELEV. 0.0' NGVD29 = ELEV. +4.36' 22748_CH 91.dwg Saved: 3/23/2020 12:22 PM Plotted: Mar 23, 2020 12:26:pmFile Name: \\han-sbosdc01\CAD-2\Civil 3D Projects\22748 - BH+A - Salem\DWG\22748_CH 91.dwg Saved 3/23/2020 12:22 PM Plotted: Mar 23, 2020 12:26:31pmTab: CH 91 EX. Plot Style: 1050C.ctb Plotted By: Daniel P. RowettSITE SHEET OF 1 3 EXISTING CONDITIONS PLAN FOREST RIVER POOL SCALE: 1" = 60' HORIZONTAL GRAPHIC SCALE IN FEET 60 0 30 12060 MARCH 23, 2020 XXLifeguard/ First Aid 327 SF Filtration Toilet Storage TOP OF C O A S T A L B A N K BENCH BENCH ANTHONY DONATO MASS. P.E. NO. 40706 I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE UNIFORM INSTRUCTIONS FOR THE PREPARATION OF PLANS AS SET FORTH BY THE REGISTERS OF DEEDS HANCOCK ASSOCIATES ANTHONY DONATO REG. PROFESSIONAL ENGINEER MASS. NO. 40706 DATE: 22748_CH 91.dwg Saved: 3/23/2020 12:22 PM Plotted: Mar 23, 2020 12:26:pmFile Name: \\han-sbosdc01\CAD-2\Civil 3D Projects\22748 - BH+A - Salem\DWG\22748_CH 91.dwg Saved 3/23/2020 12:22 PM Plotted: Mar 23, 2020 12:26:36pmTab: CH 91 PROP. Plot Style: 1050C.ctb Plotted By: Daniel P. RowettSHEET OF 2 3 PROPOSED CONDITIONS PLAN FOREST RIVER POOL SCALE: 1" = 60' HORIZONTAL GRAPHIC SCALE IN FEET 60 0 30 12060 MARCH 23, 2020 4 1 1 4 EX. MHW 9.27'EXISTING POOLSTRUCTURE TO REMAINEXISTINGCOASTAL BEACHPROPOSED SLOPE LINEINFILLPORTION OF EXISTING POOLSTRUCTURE TO BE REMOVEDLIMIT OF COASTALBEACH RESTORATIONCOASTAL BEACHTO BE RESTOREDEXISTING POOLDECK TO BE REMOVEDEXISTING POOLSTRUCTURE TO REMAININFILLEXISTING POOLDECK TO BE REMOVEDANTHONY DONATO MASS. P.E. NO. 40706 I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE UNIFORM INSTRUCTIONS FOR THE PREPARATION OF PLANS AS SET FORTH BY THE REGISTERS OF DEEDS HANCOCK ASSOCIATES ANTHONY DONATO REG. PROFESSIONAL ENGINEER MASS. NO. 40706 DATE: 22748_CH 91.dwg Saved: 3/23/2020 12:22 PM Plotted: Mar 23, 2020 12:26:pmFile Name: \\han-sbosdc01\CAD-2\Civil 3D Projects\22748 - BH+A - Salem\DWG\22748_CH 91.dwg Saved 3/23/2020 12:22 PM Plotted: Mar 23, 2020 12:26:40pmTab: CH 91 SEC 1 & 4 Plot Style: 1050C.ctb Plotted By: Daniel P. RowettSHEET OF 3 3 SITE SECTION 1 FOREST RIVER POOL MARCH 23, 2020 SCALE: 1" = 30' HORIZONTAL GRAPHIC SCALE IN FEET 30 0 30 6015 PROPOSED CONDITIONS PLAN SECTION 4 FOREST RIVER POOLBLDG.HT = 19'BLDG.HT = 14'