The URL can be used to link to this page

10 BLANEY STREET - BUILDING JACKET t 10 ,BLANEY STREET t. H � , I � Q � � �� i � � I � � � "�.� � � � � � TRC Customer-Focused Solutions September 6, 2005 Thomas St. Pierre Building Commissioner Zoning Enforcement Officer City of Salem 120 Washington Street Salem,Massachusetts 01970 Dear Mr. St. Pierre: Re: Response Action Outcome Statement(RAO) Submittal and Notice of Activity and Use Limitation (AUL) 10 Blaney Street Salem,Massachusetts DEF RTN 3-21067 TRC Environmental Corporation (TRC), on behalf of Dominion Energy Salem Harbor LLC, is notifying your office of a Class B-2 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL) prepared for 10 Blaney Street in Salem, Massachusetts (the site). This notification is being made in fulfillment of she public notice requirements of the Massachusetts Contingency Plan (MCP). 310 Cji"R 40.1403(3)(f) and 310 CMR 40.1403(7). A Class B-2 RAO Statement indicates that no remedial actions have been conducted because a level of No Significant Risk exists, but an AUL must be implemented to restrict exposures to hazardous materials at the site. Current site uses pose No Significant Risk to commercial workers, landscapers, neighbors, and walkers. The source of the site contamination is due to historical filling, prior commercial and industrial uses, and use of the property as a tannery. The primary contaminants contributing to the risk are total chromium and lead in soil. Future unrestricted uses of the site could pose unacceptable risk. Specifically for the 10 Blaney Street site, unacceptable risk could occur from eating site-grown vegetables and from contact with soil deeper than four feet below surface grade. To maintain a level of No Significant Risk, the AUL prohibits the growing of edible produce on site and restricts any activity that is likely to disturb soil below three feet (a one-foot safety margin was applied). Construction activities below three feet require a Health and Safety Plan, a Soil Management Plan, or an opinion from a Licensed Site Professional about the construction activity. Boott Mills South, Foot of John Street • Lowell, Massachusetts 01852 Telephone 978-970-5600 • Fax 978-453-1995 A copy of the RAO report can be viewed at the Massachusetts Department of Environmental Protection's Northeast Regional Office file review office at 35 Congress Street, Shetland Office Park, in Salem,Massachusetts. Files can be reviewed on Tuesday, Wednesday, and Thursday from 9 a.m. to 12 p.m. Please contact the Department of Environmental Protection at 978-740-0809 for an appointment. A legal notice discussing the AUL documents will be submitted by TRC for public notice in the Salem Evening News. Attached to this letter is map showing the site location, a map of the areas impacted by the AUL, and the September 2005 AUL(Form 1075). If you have any questions, please contact Ms. Meredith Simas of Dominion Energy at (508) 646-5338. Sincerely, TRC ENVIRONMENTAL CORPORATION Dorothy A. cGlincy,PG, LSP Senior Program Manager Attachments cc: Bureau of Waste Site Cleanup,DEP Northeast Regional Office TRC 'N Popo—r' V, if pit INCUR -71 low of id 4-� 00 rf SOUT 3. n lie] 3 Point Pelm�,r 7 BASE MAP IS A PORTION OF THE FOLLOWING 7.5'X 16'USGS TOPOGRAPHIC QUADRANGLES: SALEM,MA, 1985 m MftSouth rac 116John S� �IIMAW852 97"70-5600 0 1000 2000 3000 Mass DOMINION ENERGY NEW ENGLAND,INC. e in feet SITE LOCUS MAP scal QUADRANGLE 10 BLANEY STREET LOCATION SALEM,MASSACHUSETTS T.1E_CADV)6385/m.1SALEMT0P0 FIGURE 1 DATE:SEPT.Zees 1v 7`7 77277?7-�.,-MA77 77.�7,77 = 777-7'-M- 7 on.k! 51 mu, 4a tr .11X# i w43 ,Z-a'� V,e MA p4}} Yg 'A, WAS, ia Ali aOa J01 u, rm M r ��)ZQ, 1 n, 4tu��4 nc4l 1� AZVUK�t ai ? lo*W, WA P., iRM, JIF -kz -1 -J-v gpx...... . qa Vyid ii#mA M No, it Et 4%, - 13 1 V 4 , �,Iii:. . �In e 4, q4! i,X4.4 'o, ow,H& *,Ar, 4&.1 • 1140" 1W. 43* �X % Q) S �4t uk Nc" Vw*l. Ic. ftl.t� Ok�l �4 ,& orp 4pfiR V at -MW 1A, UN5 gf, Uo- A� A-��-- !xpv kt,." um, fq elua VM :m4- IM, 4M, "irk At, �.A Aa ri w"ov, Z'- 68 W., K �N �011 4Vl 2.'r- � u>55 � k.k�!'47 '40 WHO M! CIO 4p, EE lo a. Mr, cz� InU,P� pt Q �.) 01— cl rq CZ % Ai— JN � , IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII +� 2005090200869 Bk:24794 Pg:104 Form 1075 09[62/2065 15:29:06 OTHER Ps 1/29 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c.211, § 6 and 310 CMR 40.0000 Disposal Site Name: 10 Blaney Street DEP Release TrackingNo.(s): 3-21067 .,This-Notice of-Activity and�Use.:.i ianitation.( Notice .ais�nade::as of this R- � _2nd day of September; 2005, by Dominion Energy Salem Harbor, LLC, 24 Fort Avenue Salem, Massachusetts 01970, together with its successors and assigns _(collectively "Owner"). - WITNESSETH: WHEREAS, Dominion Energy Salem Harbor(LLC, is the owner in fee simple of those certain parcel(s) of vacant land located in Salem, Essex County, Massachusetts pursuant to a deed recorded with the Essex County Registry of Deeds in Book 23825, Page 116 issued by the Land Registration Office of the Essex County • Registry District]; - ----- WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof("Property") is subject to this Notice of Activity and Use Limitation. The Prope is shown on a plan recorded in the Essex County Registry of Deeds in Plan BookZ`1t7 , Plan WHEREAS a portion of the Property ("Portion of the Property") is subject _ . to this Notice of Activity and Use Lim ttation: -The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Essex County Registry of Deeds in Plan BookZ'�Plan 163 ; WHEREAS, the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a.sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof, and WHEREAS, one or .more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b)the restriction of certain activities occurring in, on, through, over or under the h � Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Activity&Use Limitation MAR -N. i EFEWNCE 1 R1N 3-21067 46385 -Dominion Blaney Street �� `7 �L� !' 7 - - September 2005 Limitation Opinion ("AUL Opinion"), dated September 2, 2005, (which is attached hereto as Exhibit C and made a part hereof); NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Activities and uses including, but not limited to, normal commercial and industrial operations, pedestrian and/or vehicle traffic, vehicle parking, landscaping, and routine maintenance of landscaped areas which do not result in direct contact with, or disturbance of, soil located deeper than three (3) feet below surface grade; (ii) Excavation associated with underground utility installation, repair, or maintenance and/or construction activities which do not cause and/or result in the disturbance and/or relocation of soil located deeper than three (3) feet below surface grade, provided it is conducted in accordance with Obligation (i) in Section 3 of this AUL Opinion prior to commencement of such activity; (iii) Excavation associated with underground utility installation, repair, or maintenance and/or construction activities which will disturb soil located deeper than three (3) feet below surface grade, provided that it is conducted in accordance with a Soil Management Plan and Health and Safety Plan prepared and implemented in accordance with Obligations (ii) and (iii) in Section 3 of this AUL Opinion prior to commencement of such activity; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities .and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in this AUL Opinion as being inconsistent with maintaining a condition of No Significant Risk.' Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Use of the Portion of the Property as a residence, school, nursery, or daycare facility; (ii) Planting, cultivating, and/or harvesting of vegetables, fruits, and other edible produce; (iii) Excavation that is not conducted in accordance with Obligation (i) in Section 3 of this AUL Opinion; (iv) Excavation that will disturb soil located deeper than three (3) feet below surface grade not conducted in accordance with a Soil Management Plan and Health and Safety Plan prepared and implemented.in accordance with the Obligations (ii) and (iii) in Section 3 of the AUL Opinion. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) Soil located within the AUL area may not be relocated to an area outside of the AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is conducted in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq.; (ii) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which will disturb soil located deeper than three (3) feet below surface grade within the AUL area. The Soil Management Plan shall describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and potential receptors in the vicinity are not affected by fugitive.dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the Plan must be available on site throughout the course of the project; and (iii) A Health and Safety Plan must be prepared by a certified Industrial Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any excavation activity which will disturb soil located deeper than three (3) feet below surface grade within the AUL area. The Health and Safety Plan should specify the type of personal protection (i.e., clothing, respirators, etc.), engineering controls, and environmental monitoring necessary to prevent worker exposures to contaminated soil through dermal contact, ingestion, and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan, and the Plan must be available on site throughout the course of the project. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in,higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additionalresponse actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator.of the Portion of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds Mortgages Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005- under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 WITNESS the execution hereof under seal this 1 st day of Se tember,2 05. G. Scott Hetzer Senior Vice Presidena d Treasurer Dominion Energy Salem Harbor, LLC COMMONWEALTH OF VIRGINIA CITY OF RICHMOND The foregoing instrument was acknowledged before me this 1st day of September, 2005, by G. Scott Hetzer, on behalf of Dominion Energy Salem Harbor, LLC. Notary Public My Commission Expires: /-31-e The undersigned LSP hereby certifies that she executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C an made a part hereof and that in her Opinion this Notice of Activity and Use Limitation i t the terms set forth in said Activity and Use Limitation Opinion. DOROTH Se' 67"- Y !�, Date:, AL6 v McGLIN No.7336 Dorothy McGlincy,PG, yFos E '< LSP SEAL CO ALTH OF MASSACHUSETTS ss , 2005 Then personally appeared the above named Dorothy A. McGlincy and acknowledged the foregoing instrument to be her free act and deed before me, P'a otary Public My Commission Expires: Upon recording, return to: Michael Fitzgerald KOM Dominion Energy Salem Harbor, LLC ANot dk 24 Fort Avenue rd Salem,Massachusetts 01970 w kw14 10 Blaney Street AUL RTN 3-21067 DOMINION ENERGY SALEM HARBOR, LLC Secretary's Certificate I, the undersigned, hereby certify that I am Assistant Secretary of Dominion Energy Salem Harbor, LLC, a Virginia limited liability company (the "Company"). I further certify that the resolutions approved via Unanimous Written Consent (Attachment 1) have not been amended or revoked and that the same is now in full force and effect until revoked. I further certify that the below named person has been duly appointed and is the incumbent of the respective office and that the signature is genuine: G. Scott Hetzer Zdz& Senior Vice President and Tre urer IN WITNESS WHEREOF, I have hereunto set my hand a ave affixed the corporate seal of said Company this v` day of 2005. n E. J Marks, III CORPORA-1 E SEAL ATTACHMENT TRANSCRIPT FROM UNANIMOUS WRITTEN CONSENT OF THE SOLE MEMBER OF DOMINION ENERGY SALEM HARBOR, LLC Effective September 9, 2004 RESOLVED, that the President and the other officers shall have such powers and duties as generally pertain to their respective offices as well as such powers and duties as may be delegated to them from time to time by the Manager. The President and each Vice President shall have authority to sign certificates for bonds, deeds and all manner of contracts necessary, expedient in or incident to the conduct of the Company's business and to delegate such authority in accordance with the Company's policies and procedures, in such manner as may be approved by the President. EXHIBIT A Legal Description of Property Containing Area Subject to AUL 10 Blaney Street Salem, Massachusetts Activity&Use Limitation RTN 3-2t067 46385 -Dominion Blaney Street September 2005 LEGAL DESCRIPTION—PARCELS 1.2,3&5 10 Blaney Street Salem, Massachusetts Four (4) parcels of land situated in the City of Salem, Essex County, Commonwealth of Massachusetts, being more particularly bounded and described as follows: Parcels 1 8 5 Beginning at a point at the southwest comer of Blaney Street;THENCE N 66°4749" E along the southerly side of Blaney Street, a distance of 44.23 feet to a point at the southwest corner of land now or formerly of Daniel J. Mackey;THENCE N 68014'50" E along the southerly line of said Mackey land, a distance of 58.46 feet to a point on a westerly line of land now or formerly USGEN New England, Inc.;THENCE S 34032'46" E along a westerly line of said USGEN New England, Inc. land,a distance of 18.31 feet to a point; THENCE S 36025'36" E along a westerly line of said USGEN New England, Inc. land, a distance of 139.98 feet to a point;THENCE S 34054'46' E along a westerly line of said USGEN New England, Inc. land, a distance of 610 feet more or less to the low water mark of Salem Harbor;THENCE Northwesterly along the low water mark of Salem Harbor a distance of 615 feet more or less to a point at the southwest comer of Parcel 2; THENCE N 3105344"W along the easterly line of said Parcel 2, a distance of 320 feet more or less to the southwest comer of.Parcel 4; THENCE N 60001'26" E along the southerly line of said Parcel 4, a distance of 73.72 feet to the point of beginning. The above described parcel containing 113,106 square feet, more or less. Parcel 2 Beginning at a point on the easterly side of White Street, on two courses,the first N 23037'40"W a distance of 4.53 feet,the second,N 24°18'26"W a distance of 70.88 feet from the southeast corner of White Street, and is the southwest corner of Parcel 3; THENCE N 60031'47" E along the southerly line of Parcel 3 a distance of 53.70 feet to a point on the westerly line of Parcel 4; THENCE S 31053'44" E along the westerly line of Parcel 4 and the westerly line Parcel 1 & 5 a distance of 357 feet more or less to the low water mark of Salem Harbor, THENCE Westerly along the low water mark of Salem Harbor a distance of 46 feet more or less to a point on the eastedy line of land now or formerly of Hawthorne Marina Limited Partnership;THENCE N 32022'40"W along the easterly line of said land of Hawthorne Marina Limited Partnership a distance of 291 feet more or less to a point; THENCE S 62°27'30"W along the northerly line of said land of Hawthorne Marina Limited Partnership a distance of 14.73 feet to a point on the easterly line of White Street; THENCE N 24018'26"W along the easterly line of White Street a distance of 70.88 feet to the point of beginning. The above described parcel containing 17,740 square feet, more or less. Parcel 3 Beginning at a point on the easterly side of White Street, on two courses,the first N 23°37'40"W a distance of 4.53 feet, the second, N 24°18'26"W a distance of 70.88 feet from the southeast comer of White Street, and is the southwest corner of Parcel 3; THENCE N 27°59'18"W along the easterly line of White Street a distance of 26.25 feet to a point; THENCE N 25018'07"W along the easterly line of White Street a distance of 19.00 feet to a point at the southwest corner of land now or formerly of Michael A. McLaughlin and Claudia Chuber;THENCE N 62019'27" E, along the southerly line of said land of Michael A. McLaughlin and Claudia Chuber a distance of 49.82 feet to a point on the westerly line of Parcel 4; THENCE S 31053'44"E, along the westerly line of Parcel 4 a distance of 43.67 feet to the northeast corner of Parcel 2; THENCE S 60°31'47"W, along the northerly line of Parcel 2 a distance of 53.70 feet to the point of beginning. The above described parcel containing 2,309 square feet, more or less. N:KLIIimnpmjZ05]OW9-2o-ooWac�rnuzosza009-Iua�aexnerion- ,zJ-s ess«Iseo EXHIBIT A-1 Legal Description of Area Subject to AUL 10 Blaney Street Salem, Massachusetts Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 LEGAL DESCRIPTION—AUL PARCEL 10 Blaney Street Salem, Massachusetts A parcel of land situated in the City of Salem, Essex County, Commonwealth of Massachusetts, being more particularly bounded and described as follows: Beginning at a point being the southwest comer of Blaney Street, said point being about 107 feet, more or less from the northwest corner of Blaney Street at Derby Street. THENCE running N 6604749" E, along the end of Blaney Street, a.distance of 25.23 feet to a point; THENCE running S 30031'45" E, by land leased to Daniel J. Mackey, a distance of 52.76 feet,to a point; THENCE running N 5604957" E, by leased to Daniel J. Mackey, a distance of 80.00 feet to land, now or formerly of USGEN New England, Inc; THENCE running S 36025'36" E, by land of said Mackey a distance of 120.41 feet to a point; THENCE running S 3405446" E, by land of said USGEN New England, Inc. a distance of 610 feet more or less to the low water mark of January 15, 2001; THENCE running along said low water mark of January 15, 2001, distance of 252 feet, more or less,to the bottom of the bank; THENCE running along the bottom of the bank on the following ten(10) courses: N 17054'06"W, a distance of 73.48 feet N 27038'32"W, a distance of 105.78 feet N 32°08'29"W, a distance of 72.15 feet N 14018'31"W,.a distance of 34.56 feet N 74°10'46"W, a distance of 4.97 feet N 26°12'48"W, a distance of 47.05 feet N 21°04'26"W, a distance of 38.67 feet N 2204446"W,a distance of 69.89 feet S 88044'28"W, a distance of 18.95 feet and N 47042'24"W, a distance of 5.91 feet, to a point at a granite seawall; THENCE running 123 feet more or less along said granite seawall; THENCE running S 0603924" E a distance of 5.90 feet, to a point and S 57°53'35"W, a distance of 20.37 feet, to a point on the easterly line of land of Hawthorne Marina Limited Partnership; THENCE running N 32°22'40" W, along said easterly line of said land of Hawthorne Marina Limited Partnership, a distance of 137.79 feet to a point; THENCE running S 62027'30" W, along the northerly line of said land of Hawthorne Marina Limited Partnership, a distance of 14.73 feet to a point on the easterly side of White Street; THENCE running N 24018'26"W, along said easterly side of White Street a distance of 70.88 feet,to a point; THENCE running N 27059'18" W along the easterly line of White Street a distance of 26.25 feet to a point; THENCE running N 2501907"W, along said easterly side of White Street, a distance of 19.00 feet, to a point at land, now or formerly of Michael A. McLaughlin and Claudia:Chuber, THENCE running N 62019'27" E, by land of said Michael A. McLaughlin and Claudia Chuber, a distance of 49.82 feet, to a point; THENCE running S 31053'44" E, by Parcel 3 and a part of Parcel 2, a distance of 86.00 feet,to a point; THENCE running N 60001'26" E, by Parcel 4, a distance of 73.72 feet,to the point of beginning; The above described AUL Parcel containing 101,954 square feet more or less and consist of Parcel 185, 2&3. NKLIIinen"UO520009-2"IOWoc®am53051000 -Uld dcxdpc.-AUL P..d.d. EXHIBIT B Sketch Plan Showing AUL Area Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 >A - t: 1 y� r v '� x _ `� ry 1^ �. f 3 c�'� h F ✓h� a ry ri>,�ti°i rF .r# .+'� * yyy a,�'rg'/�'�i�g. � i rwev. � sem. ��r°. ,,,. ��,�.b.`�"�� .xGargub'{ ��y��,F.z r»��•�q,�v--gid Jyy{�ry4., v,. —L..—'r^='. e4 r /Qi-".$� "may ! `,� ^�a%r "N'G�°.•g�L^ Y'S � fl' s ,z"'' �..✓✓y{,L'' x v I ,a � r�$5{ ,3yv d'�+�ta � - "�R+9 h .�.+1 `.�' X�'S�xn�yrs�.��fi'e�T}Po-�'rnrd G-g•-a*�c'-tf`av"ti7",fix y • � � F��t'�wb 9'b 7`�.rx.. � ��'� ��..,J 'c""Vx...'ivh+i�h � aL C Y� S�✓1-' • f R1Tr ..�._.�w.y Fry f4 ,� yiy _ _ ® a 1 !p' i y � p �y 'xG'C4^i.9 i � EXHIBIT C Activity and Use Limitation Opinion 10 Blaney Street Salem, Massachusetts Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of Massachusetts Contingency Plan(MCP) regulations, 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared on behalf of Dominion Energy Salem Harbor, LLC, for a Portion of the Property located at 10 Blaney Street, Salem Massachusetts. This property is owned by: Dominion Energy Salem Harbor, LLC. . Salem Harbor Station 24 Fort Avenue Salem, Massachusetts 01970 The Massachusetts Department of Environmental Protection (DEP) designated this site Release Tracking Number(RTN) 3-21067. As of the date of the recording of the Notice of the Activity and Use Limitation("Notice") with the Essex County Registry of Deeds, the subject 2.3-acre portion of the property is zoned for commercial use. A legal metes and bounds description of the property(extending to the low water line in Salem Harbor) is provided in Exhibit A. A legal metes and bounds description of the portion of the property(the land-based portion of the property) is provided in Exhibit A-1'. Site History The property was used for commercial and industrial activity since the mid-1800s. Historical businesses include a keg factory, a beef extract manufacturer, an ebony polish company, and a tannery. According to historical Sanborn®Fire Insurance Maps, the Russell-Sim Tanning Company operated at the property from sometime after 1915 through 1960. The maps indicate that the tannery used coal for heating. Coal fragments were found in several on-site soil borings. More recently, the property has been used as a parking area and ferry landing in the late 1990s and as a boat storage area in 2001. Currently, there are no boats, buildings or structures present. Based on analytical results of over 300 surface and subsurface soil, groundwater, sediment, and surface water samples, TRC concluded that lead and chromium in surface and subsurface soils are the primary contaminants of concern contributing to risk at the Blaney.Street Site. The source of the metals contamination in soil is due to previous use of the property as a tannery, from historical filling of the property, and possibly scraping and sanding of boats during storage. In surface soil, average detected lead and total chromium concentrations are 250 mg/kg and Activity&Use Limitation R7N 3-21067 46385 -Dominion Blaney Street September 2005 230 mg/kg, respectively. These concentrations are below their applicable MCP Method 1 S- I soil standards. The highest concentrations of total chromium were detected underneath the footprint of the former tannery building located near the granite sea wall at depths of four feet below grade and deeper. Based on the high total chromium concentrations, the area beneath the former tannery is identified as a Hot Spot per the MCP definition. Within the Hot Spot, an average total chromium concentration of 8,600 mg/kg was calculated. The vast majority of chromium is trivalent chromium (chromium +3), which is less soluble and less toxic than hexavalent chromium (chromium +6). Hexavalent chromium was generally not detected, or detected at low concentrations,at only three locations in soil, within the tannery building footprint. Low levels of metals were detected in groundwater wells, below applicable MCP GW-2 and GW-3 groundwater standards. A comprehensive MCP Phase III remedial alternatives feasibility evaluation was performed to determine the most feasible response action to eliminate the risk of exposure posed by the levels of lead and chromium in soil at the site. The Phase III evaluation concluded that the most feasible response action is to impose an Activity and Use Limitation to restrict activities found to pose unacceptable risk. Reason for Activity and Use Limitation A site-specific Method 3 Risk Characterization was conducted in accordance with the Massachusetts Contingency Plan regulations, 310 CMR 40.0000,to evaluate the quantification of total site risk considering current, and future,on- and off-site receptors under several assumed exposure scenarios and contaminant levels at the site. The risk characterization concluded that: • Current site conditions do not pose unacceptable risk to health, public welfare or the environment for current commercial uses of the property, including pedestrian and vehicle traffic,vehicle parking, recreational trespassing, and landscaping. Current site conditions do not pose unacceptable risk to off-site residents. Some future activities would pose unacceptable risk to human health. These activities are limited to eating produce grown at the property, unrestricted excavation work within the chromium Hot Spot in the former tannery area in soil located at depths greater than four feet below surface grade, and unrestricted residential use of soil within the chromium Hot Spot in the former tannery area, located at depths greater than four feet below surface grade. • An Environmental Risk Characterization demonstrated that sediment and surface water quality are consistent with local conditions and indicated no significant risk to ecological receptors. • The site poses no significant risk of harm to safety and public welfare for current and future conditions. Although exposure to Hot Spot soils begins at four feet below grade, the AUL will restrict activities below 3 feet, creating a one-foot safety margin, which will provide additional protection. Additionally, restrictions on activities in subsurface soil below three feet will Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 apply to the entire Site,rather than just the Hot Spot. This further restriction will also provide additional protection. Therefore,to maintain a condition of no significant risk for future activities,this deed restriction prevents residential use, growing produce, and prevents disturbance of soils three feet and deeper below surface grade without appropriate soil management and health and safety controls. Permitted Activities (i) Activities and uses including, but not limited to, normal commercial and industrial operations, pedestrian and/or vehicle traffic,vehicle parking, landscaping, and routine maintenance of landscaped areas which do not result in direct contact with, or disturbance of, soil located deeper than three(3) feet below surface grade; (ii) Excavation associated with underground utility installation, repair, or maintenance and/or construction activities which do not cause and/or result in the disturbance and/or relocation of soil located deeper than three (3) feet below surface grade, provided it is conducted in accordance with Obligation (i) in Section 3 of the AUL Opinion prior to commencement of such activity; (iii) Excavation associated with underground utility installation, repair, or maintenance and/or construction activities which will disturb soil located deeper than three (3) feet below surface grade, provided that it is conducted in accordance with a Soil Management Plan and Health and Safety Plan prepared and implemented in accordance with Obligations (ii) and (iii) in Section 3 of the AUL Opinion prior to commencement of such activity; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in this AUL Opinion as being inconsistent with maintaining a condition of No Significant Risk. Restricted Uses and Activities (i) Use of the Portion of the Property as a residence,school, nursery, or daycare facility; (ii) Planting, cultivating, and/or harvesting of vegetables, fruits, and other edible produce; (iii) Excavation that is not conducted in accordance with Obligation (i) in Section 3 of the AUL Opinion; and (iv) Excavation that will disturb soil located deeper than three (3) feet below surface grade Activity&Use Limitation R7N 3-21067 46385 -Dominion Blaney Street - September 2005 not conducted in accordance with a Soil Management Plan and Health and Safety Plan prepared and implemented in accordance with the Obligations (ii) and(iii) in Section 3 of the AUL Opinion. Obligations and Conditions (i) Soil located within the AUL area may not be relocated to an area outside of the AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is conducted in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq.; (ii) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which will disturb soil located deeper than three (3) feet below surface grade within the AUL area. The Soil Management Plan shall describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and potential receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the Plan must be available on site throughout the course of the project; and (iii) A Health and Safety Plan must be prepared by a certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any excavation activity which will disturb soil located deeper than three (3) feet below surface grade within the AUL area. The Health and Safety Plan should specify the type of personal protection (i.e., clothing, respirators, etc.), engineering controls, and environmental monitoring necessary to prevent worker exposures to contaminated soil through dermal contact, ingestion, and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan, and the Plan must be available on site throughout the course of the. project. Agreement to Reference Notice of AUL In accordance with 310 CMR 40.1074(2)(h),Dominion Energy Salem Harbor LLC agrees to reference this AUL in all deeds, easements, mortgages, leases, licenses, occupancy agreements, or any other agreements which convey an interest in and/or a right to use the portion of the property subject to the AUL. Procedures for Changing Permitted Site Activities and Uses In accordance with 310 CMR 40.1074(2)(i), a description of the procedures to be followed to Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 ensure that changes in permitted activities and/or uses meet the objectives of the AUL is provided below: Any proposed changes in activities and/or uses within the AUL boundaries which may result in higher levels of exposure to oil and/or hazardous material than currently exist will be evaluated by a Licensed Site Professional (LSP). The LSP will render an Opinion, consistent with 310 CMR 40.1080,as to whether the proposed changes will result in a significant risk of harm to human health, safety, public welfare, or the environment. Any and all requirements set forth above to meet the objective of the AUL will be satisfied before any proposed changes in activity and/or use are initiated. Prepared by: TRC ENVIRONMENTAL CORPORATION Dorothy A. McGlmcy, PG, L Licensed Site Professional # 7336 Date: 2./�AfL ��— Activity&Use Limitation RTN 3-21067 46385 -Dominion Blaney Street September 2005 EXHIBIT D Activity and Use Limitation Transmittal Forms BWSC113 and BWSC113A Activity&Use Limitation RTN 3-21067 L2005- -Dominion Blaney Street - - September 2005 L 09111111110" Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056 R 40.1070-40.1084(Subpart J) a - 21067 A. DISPOSAL SITE LOCATION: 1. Disposal site Name: Dominion Energy Salem Harbor, LLC 2. Street Address: 10 Blaney Street 3. City[Town: Salem 4. ZIP Code: 01970-0000 E] 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. Fla. Tier 1A [-] b. Tier 1B F] c. Tier 1C d. Tier 2 6.If a Tier I Permit has been issued,provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) - Q 1. Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). F] 6. Submit a certified copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). F] 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11 Provide Additional RTNs: - ❑ a. Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) ❑ _ _ covered by this AUL Submittal. (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A is required for all submittals listed above) Revised:06/27/2003 Page 1 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY 8r USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 21A67 C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: Essex County Registry Of Deeds b. Book and Page Number and/or Document Number: c. Date of recording and/or registration: /x/ USS mm/dd/vvW 2. Is the address of the property subject to AUL different from the disposal site address listed above? a. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: 4. City/Town: - 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. Check all that apply: Ela.change in contact name ❑ b.change of address El undertaking change in the person undertaking response actions 2. Name of organization: Dominion Energy Salem Harbor LLC 3. Contact First Name: Malcolm 4. Last Name: Deacon. 5. street 5000 Dominion Blvd. 6.Title: Vice President, Fossil & Hydro 7. City/Town: Glen Allen 8. State: VA 9. ZIP Code: 23060-0000 10. Telephone: (804) 273-2225 11.Ext: 12. FAX: 804 273-2303 13. Is the person described in this section the owner of the property? _ © a. Yes ❑ b. No,if checked then Section G must be filled out by at(east one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment, E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ❑ 1. RP or PRP © a. Owner ❑ b. Operator ❑ c. Generator d. Transporter ❑ e. Other RP or PRP Specify: ❑ 2. Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c. 21 E,s.2) 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,S.50)) ❑ 4. Any Other Person Submitting AUL Specify: Revised:06/27/2003 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J)IL a - 21067 F.REQUIRED ATTACHMENT AND SUBMITTALS: 1. Check hereto certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any,in accordance with 310 CMR 40.1074(1)(e),via certified mail. a. Check here if there were no record interest holders. b. Date of certified mailing: 07/15/2005 mm/dd/yyyy Q c. Check hereto certify that names and addresses of all record holders notified is attached. 2: Check hereto certify that within 30 days of recording and/or registering the AUL, including amending,releasing or terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning. Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. - 3. Check here to certify that within 30 days of recording and/or registering the AUL, including amending,releasing or Q terminating the AUL,a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. - © 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located,a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL, including amending,releasing or terminating the AUL,a certified copy of the AUL,including the LSP Opininon containing the material facts,data, and other information, will be submitted to DEP. 6. Check here if any non-updatable information provided on this form is incorrect,e.g. Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome F] statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. - G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.I, ,attest under the pains and penalties of perjury that I am the owner of said property(ies), subject to the AUL - 2. 3. Date: Signature - mm/dd/yyyy 4. Name of Organization: 5. Contact First Name: 6. Last Name: 7. Street: 8.Title: 9. City(Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext.: 14. FAX: Revised:06/27/2003 Page 3 of 4 Massachusetts Department of Environmental Protection LABureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F] - 21X67 H. CERTIFICATION OF PERSONMAKING SUBMITTAL: - 1.I, Malcolm G. Deacon, Jr. ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurateand complete,and(iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. 1/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties,-including,but not limited to,possible fines and imprisonment, for willfully submitting false,inaccurate,or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereby certify under penalties of perjury, that either I(if person submitting the AUL Transmittal Form is the property owner), or . Dominion Energy Salem Harbor, LLC 2. Name of Property Owner am/is identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that the AUL was recorded and/or registered - 3. By: 4. Title: Vice President. Fossil & Hy ignature 5. For: Dominion Energy Sale Harbor, LLC 6. Date: d � (Name of person or entity recorded in Section D) mm d/yyyy F] 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street: 9. Cityrrown: 10. State: 11. ZIP Code:. 12. Telephone: 13.Ed.: 14. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Revised:06/27/2003 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 3❑ - 21067 A. DISPOSAL SITE LOCATION: Dominion Energy Salem Harbor, LLC 1. Disposal Site Name: 2. sbeetAddress: 10 Blaney Street Salem 01970-0000 3. Cityrrown: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) - Q 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ❑ Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). Ej 4. ProvidetheLSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). ❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A)must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? Q a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. City/Town: 4. ZIP Code: Revised:06/27/2003 - Page 1 of 2 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY 8r USE LIMITATION (AUL)OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 1067 D. LSP SIGNATURE AND STAMP: 1 attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination ora Partial Termination of a Notice of Activity and Use Limitation,ora Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable.provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); I am aware that significant penalties may result, including,but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. 1. LSP u: 7336 2. First Name: Dorothy 3. Last Name: McGlinC 4. Telephone: (978) 656-3659 5. Ext.: 6. FAX: (978) 453-1995 7. Signature: /yy -- 8. Date: mm/dd/yyyy 9. LSP Stamp: oy��SK DI �. DOROTHY Gv, �h A. MCGLINCY y No.7336 Revised:06/27/2003 Page 2 of 2 ° o Customer-Focused Solutions § 10-21 SALEM CODE (12) Register tons net. the mooring and gear. The harbormaster shall (13) Drought of water. issue to the applicant a mooring permit designat- ing the mooring location if, in the opinion of the (14) Unloading berth or wharf. harbormaster,the mooring and gear to be used is (Code 1973, § 6-25) adequate to secure the boat described and there is Espace available without endangering other boats. Sec. 10-22. Use of common landing for com- The holder of a mooring permit shall cause his mercial fishing purposes. mooring identification number to be painted or No person shall dock at any common landing attached to the float of his mooring. for the purpose of discharging, unloading, or (d) Fee. No mooring permit shall be issued taking on commercial fish products without prior until the fee established in this subsection shall written permission of the harbormaster, nor shall be paid to the city.Failure of a vessel owner to pay any person load or discharge any commercial the required mooring fee by May 1 shall result in fishing equipment at any common landing with- a late fee of $15.00 being assessed by the out prior written permission of the harbormaster. harbormaster. The mooring fee for every person (Code 1973, § 6-26) who is liable under law to pay to the city his – I excise taxes for a vessel moored in city waters Sec. 10-23lFloat permits. shall be based on the length of the vessel mea- No float may be moored in Salem Harbor sured from the stem in a straight line aft to the without a float permit. A float permit shall be stern. The fee shall be as follows: issued on a yearly basis, and the location, size,I (1) For nonresidents for mooring fees, $5.00 and holding equipment shall be under the inspec- " per foot. tion and control of the harbormaster. (Code 1973, § 6-27) 1 (2) For residents for mooring fees, $1.00 per foot. Sec. 10.24. Mooring permit. (3) For slip fees, $1.00 per foot. (a) Definition. As used in this section, the (e) Expiration;transferability;use by other ves- words "moor' or "anchor" shall also include ves- sel. All mooring permits shall expire at 12:00 sels tied to slips in city waters. midnight,December 31,of the year in which they (b) Required; exceptions. No master or person are issued. Failure of a vessel owner to apply for acting as master, owner, custodian or any other a permit before April 15 will result in the loss of person shall moor or anchor any vessel within the mooring space. No mooring permit shall be trans- ferable. No vessel other than the vessel for which limits of Salem Harbor without first obtaining the permit is issued may be attached to any from the harbormaster a permit to anchor or moor the vessel. This subsection shall not apply to mooring. However, the harbormaster may autho- vessels weighing greater than 100 tons,piloted by ain writing the temporary use of a mooring by no a'duly licensed harbor pilot, or measuring 12 feet another boat upon application by the holder of the or less from the stem in a straight line aft to the permit. (Code 1973, §§ 6-28-6-30; Ord. of 3-26-1998, § 1) stern. (c) Application;issuance.An applicant request- Sec. 10-25. Winter mooring buoy spars. M COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS b DEPARTMENT OF ENVIRONMENTAL PROTECTION 205A Lowell St., Wilmington, MA 01887 (978) 661-7600 ARGEO PAUL CELLUCCI BOB DURAND Governor Secretary 'ANE SWIFT LAUREN APR 2000 REN A.LISS Lieutenant Governor Commissioner i Mr. Robert Blair c/o Goldeneye Corporation 4 Blaney Street Salem, MA 01970 RE: Minor Modification to License 4916, 10 Blaney Street, Salem Harbor, Salem, MA Dear Mr. Blair: The Department has completed a review of your letter, which was submitted to this office on March 3151, 2000, regarding a request for a minor project modification to the referenced license. The proposed float system and parking will allow the interim operation of a water transportation service until such time as a final license from the Department for a permanent and expanded ferry terminal and its related parking is obtained. The primary service will be a continuation of last years ferry project. The Department has determined that the accessory use associated with the Harbormasters' approval is a minor project modification to Waterways License No. 4916. Any structural alterations as described in the pending Waterways Application(W99-9152) may not commence until a license is issued by the Department. This determination is made subject to the following conditions: 1) A permit pursuant to G.L. c.91 s.10A and 310 CMR 9.07(2) shall be obtained from the local harbormaster for the ramp and float system prior to the commencement of the water transportation services and onsite parking. . 2) All other applicable local, state and federal approvals should be obtained for the referenced structure and use prior to the commencement of onsite operations. 3) This determination is solely for the interim use of the site and does not allow an expansion of the use and operations beyond that which existed as part of last years project. Therefore, unless otherwise authorized by the Department,no more than 150 vehicles shall be parked onsite at any given time. 4) A Chapter 91 License shall be obtained for the permanent and expanded ferry terminal as detailed waterways license application (W99-9152). 5) This determination is valid for the 2000 season only, and will be superseded by the issuance of a license pursuant to Waterways Application No. W99-9152. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell Sl. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 £', Printed on Recycled Paper Dear Harbormaster Wholley: I apologize for delay in response, however, I needed to do some additional research and I wanted to speak directly with John Simpson at D.E.P. I finally had the opportunity to speak with Mr. Simpson yesterday afternoon. As you know, both Massachusetts General Laws Chapter 91, §10A and 310 CMR 9.07 allows you to permit floats on a temporary basis that are held by anchors or bottom moorings. The floats used last year for the demonstration ferry project, and still in place now, are held t)y spud piles. Apparently, D.E.P. was not initially aware of this and atter made it clear that any future use would need to comply with Section 10A. Furthermore, it was initially anticipated that all of the temporary structures would pe removed immediately after the demonstration last fall. Obviously, that has not been the case. 1 expect much of that will be rectified today as City Planner Craig Wheeler meets with MassPort from whom we borrowed the floats for last year's ferry. MassPort needs most of the floats for expansion of services at Logan Airport. I hope to have everything removed as soon as possible. D.E.P. r;:xpeCl5 the same. In accordance with the foregoing, the water transportation operation and its associated parking may commence onsite. If you have any further questions,please contact Ms. Jill Provencal at (978) 661-7778. Si cerely, aures A. Spr ue Section Chief Wetlands and Waterways Program cc: Stanley J. Usovicz, Jr., Mayor, City Hall, Salem, MA 01970 Leonard F. O'Leary, President, Salem City Council, City Hall, Salem,,MA 01970 Walter Power, Chairman, Salem Planning Board, City Hall, Salem, MA 01970 Steve Dibble, Salem Conservation Commission, City Hall, Salem, MA 01970 William Whooley, Harbormaster, Winter Island, Salem, MA 01970 Gregory Carrafiello, DEP-Boston/DWW, 1 Winter Street, 6`h Floor, Boston, MA 02108 rd Heidi Zisch, DEP-Boston%OGC, 1 Winter Street, 3Floor, Boston, MA 02108 [Chap. 91,] tve-Ra A1"5. 91i] the Memtnack river and of al! .trurmuree there-, in order to prevent and remove unauthorized encroLchments and causes of every kind which may injure said Coaneedcut river or said part of Merrimack river or interfere with the navigation of such Whom, injure their channels or cause a reduction of their tide waters, and to protect and develop the rights and property of the commonwealth in such waters, fLts and lands; Lad it may make such surveys, examinations and observations u it deems geceseary therefor. The deparaoetit of environments protection shall protect the interests of the common• wealth in areas described herein in issuing any license and permit authorized pursuant to this chapter. i 91:10A. Temporary moorings of Ooara or rafts; permits, issuance or refu review; public nuisances. Section 1GA. \otwithztandiog any contz—&y prnision of law, the +' harbormaster of a ci-. or toPw or whomsoever is so empowered h}• said city or town may authorize by permit the moor-Log oa a tempo-. Mary basis of floats or rafts heid by anchors or bottorn moor•nings' i within the tentorial jwisciictior. of such cap or town upon such terms. conditions and restrictions tie be shall deem necessary. lie i sh" act on applications for such permits with n a period of fifteen = days from receipt thereof. Any person aggrieved by a refusal to permic such tempora.-y mooring, or by any condition or restriction imposed relative w such mooring, may appeal to the division of waterways of the deparznent -S within thim days after reccving notice of such refusal or of the imposition of such candnoo or restriction. Said division shall review the circumstances resulting in such appeal 'v and shall render a ruling either confirming the action of a ha hormas- ter, setting such action aside, or ameoding such action and imposing its own conditions and resrnetions as deemed necessar:. Nothing in this section shall be construed as authorizing the place- ment of floats or ruts and appurtenant Lnehors or bottom moorings on private flats of other than the applicant if objected to by the owner or owners thereof. Actions by a harbormaster and/or the ditision under this section shall be subject to applicable laws administered by the division of -. motor boats, the division of marine fisheries. the United States Coast Guard and the United States Corps of Engineers. I.Fjoau or afii-held by anchors or bottom woorirgs installed without permission from a harbormaster andor said diri.sion shall be .considered a public nuisance and may be�removed by the harbormas •terat the expense of the owner in the event he fails u remove same after nonce in wrirn¢ from the harbormaster: 8 JY, 11.x1'. 18' 99 (T(E 111:�l DEP—BRP TEL.61' ?9? 51i96 iG C.fk. 11I<(1I rCTfO (4) Arry person may, submit written comments to the Department on any, request Cor a dett•rmination of applicability within 21 dans of the date of the request or the newspaper noluication dale, if applicable. (5) Unless the Aeparment requests further information, the Department shall issue a dsterrunation of applicabi;hy in i ecoroable form within tit)days of the receipt of[he request 0.- the rthe close of the public comment period, whichever is later. (ti) Any person who would otherwise have the fight to an adjudicator), hearing pursuant to :I O CMR 9.17 may apoca: the issuance of am•determination of applicability within 21 dais or the datc of its issuance in accordance with the procedures set forth at 310 CNM 9.17. ---'� 2 C•7 Acfi:,:i[is.4ubJeci ta,AImurtLPstuui lb (1) .Genera. A wrinen application for an annual permit mus: be submitted to the harbormaster of a city or town or, in a murucipality where no harbormaster has been appointed, to the municipal-official or other designated local official(s), for the placement on a temporary basis . of moorings, floats or rafts held by bottom anchor, and ramps associated thereto, which are located within the territorial jurisdiction of the murvcipalinv. A written application for an annual , permit for small structures accessory to residences must be submitted to the harbormaster or other designated local official when a city or town has been approved by the Department to administer a. local permitting program under 310 CMA 9.0701, unless a license or other authorization under 310 CMR 9.00 is obtained from the Department. The harbormaster or other drsignated local official shall cstabiish a schedule for receipt of applications. Completed -applications shall be acted upon within a period of 15 days from receipt. according to the scnbdule. Any pernut may contain such terms, conditions and restrictions as deemed necessary, consistent with the requirements of 310 C,)vfR 9.07. No license shall be required from the Department if' an annual permir is issued pursuant to 310 CAIR 9"07. A city or town implementing 310 C!,fR 9.07 shall not discriminate against any citizen of the Commonwealth on the basis of residency, race, religion, sex, ase, disability, or other illegal distinction- The provisions of 310 CZAR 9.07 shall be enforced by local officials. The Depanmem may enforce the provisions of 310 CNIR 9.07 upon the request of a local permitting program or upon a finding, that local entorcement is Inadequate. i21 :jnntlalFnrmit;.for Meerin,:,Flo.atsand Rafts, (a)The harbormaster or other local offieal shall provide a wntten procedure for the fair and equitable assignment from a waiting list for use of vacant or new moorings, floats or rafts held by bottom-anchor and ramps associated thereto. Methods for mooring assiymment which are appropriate include.but are not limited to, one or more of the following; 1. late of applWatiNI, 2. physical characteristics of vessels, e.g, size and type; -- 3" purpose of vessel use,e.g., commercial vs. recreational or public vs. private. The harbormaster, however, may allow the previous permit holder of a mooring 10 renew, on an annual basis, that mooring or another mooring within the control of the harhot master. (b) If the placement of floats or rafts for public recreational boating facilities,exclusive or moorings, extends beyond any established state harbor line, encompasses an area greater than 2,000 square feet, or constitutes a marina, additional procedures apply: 1. a public hearing must be held by the harbormaster or other local official in the at7ccwd municipality with notice at Icast seven days in advance published in the local newspaper at the expense of the applicant; and 2. the harbormaster or other local official must set forth the reasons for issuing such permit in a written statement,which must include findings to the effect that the project will serve a public purpose,will not unreasonably interfere with navigation in the harbor, and: a. cannot be located reasonably within the harbor line,if the project extends beyond : such line, anrllor 10: 51 DEPIRP TEL 61'-?R?-5696 P. 004 fMl2:,-7 Clr' HF7:(,V "k COP", Qi lhe PCM14 and written statement shall be submitted upon issuance to the Department. -he Department may rcvlew anv such May either)l1irm the perrjrh� Per"lit within 30 days of receipt and set such action aside or amend such action by imposing its own conditions And restrictions as deemed necessary. (c; NO P CIT it for a mooring, float or rail may authorize public rjgfij$ � JSC "krjjCrW,�,S for anylav�fli, P,,p,ses e unreasonable interference with the fShill" towline, and naviozation in tidt!ands and Gre,t Ponds, V permits shall meet the terms and conditions describeclin 310CMR 9 0,17(41. NJ No ricrolit for a mooring, floar or rail shall be transferrable 10 another I person, except, to a Person within the imme that,iamilY of tile. perminee upon Nothing in 310 LAIR 9.07 shall approval of the harbormaster. be construed 10 Prevent moorings for which rmits issued to a recreational boating facility from beingPe members Of Such faC111TV, assianed to individual patronsare or G • A city or town may petition the Department to, approval to admiusjer a local Pcoonling program for small structures accessory to residences. The Department shall state the basis-for approvaLor dental of any Petition in J. Ilyn-Linc, The Department may withdraw its approval of a local permitting P'ra&r;tm if it dcTerrrsine8 that the local program e�hibirs a repeated failure to comply with the provisions 10 C,,fR 9.07. 1, k cit) or town may elect to issue permits for small structures accessory to residences under the Provisions Of 3 lu CMR 9.07. The City Or town shall provide public notice and an op poll 11tv to comment or. the Petition for approval prior to its submittal to the Department. The petition shall include: a• the designation of a local Official or local governmental bodv to administer the prearam, b a dclocristration that public access has been or wtIl be provided W waterbodies kk'ithin the lown. ;ncludh5 at least one formal mear., Of access to the waterway. reasonable in type and so Ope for the Waterway and its anticipated use by any citizen Of the Commonwealth,established Prior to the date of the petition or scheduled to be available xithm a reasonable period cf time; and ti Q Provision that arry fees collected be used for support of the localtong perm u ng prograrn, the improvement of waterways, or the enhancement of public access to or along water-ways 2. Wtiere the Lcal-SIMure has created a lake commission(e.g., the Lake Quinsigamond COnImissiOn) with authQ,ity to issue permits, the commission may petition the Department for approval under 3 10 CNIR 9,07(3). without designation by a city or town. A local Wmi'tting program may also be approved by the Department if it provides substantially equivalent Procedures and protection of public rights as 310 CMR 9.07. A EL city or town may Petition for approval Of a local permitting program pursuant to local ordinance or bylaw, Where the Letdslature has created a lake contritission with authority 10 ISWC Permits, the commission May petition the Department for approval of regulations implementing a local permitting program. Upon request, the Department shall provide (b) Adviser/opinions on draft petitions for approval. vi !4�. An application for a IOC21 Permit under 310 CIMR 9.07(3)may be submitted I-P.I only for 3 project consisting entirely of dock, pier, seawbulkheadnc , or small-scale structure. that is accessory to a residential use or serves all s a noommercialother community docking facility, provided that: 1 for Proposed structures, Or for structures built or substantially altered after January 1 1984 a any Structure is water-dependent and pile-supported(e.g-, by wooden or metal Posts)or b0ttorn-anchored, without any rill; b. any strt,vEures total no more than 300 square feet below the meal, high water ri shoreline for coastal waters or below the ordinary high water shoreline for inland waters, c. the so-,uccure is not a marina(i.e., does not lox 2 t,- S s 1iz Iv � ✓N sf 3 � The Commonwealth of Massachusetts s ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 O'iM SJO"`OJ ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665 www.state.ma.us/aab DEBORAH A. RYAN NOTICE OF ACTION EXECUTIVE DIRECTOR RE: Salem Ferry Landing, Blaney Street Salem 1. A request for a variance was filed with the Board by Robert Salem (Applicant) on May 18, 2000 The applicant has requested variances from the following sections of the1996 Rules and Regulations of the Board: Section: Description: 18.12.1 Slope of marine 2. The application was heard by the Board as an incoming case on Monday, May 22, 2000 3. After reviewing all materials submitted to the Board, the Board voted as follows: GRANt'a temporary variance-to Sectopm 18.12.1 to allow the Salem Ferry, to operate until the Chapter 91 license is approved or until the start of next seacon (2001)whichever comes f rst.'This'variance is conditioned upon the following conditions: 1. all other accessibility issues at the facility, including the ticketing office, must fully comply with the regulations prior to the,opening the the.facility this season; 2.- The ramp,slope not exceed 1:20 for more than 25% of-the tidal range; 3. status reports be submitted on the first of each month advising the Board of the progress of obtaining the Chapter 91 license. If it appears that the Chapter 91 license will not be approved by the,start of the 2001 season, a written request for extension must be submitted to the Board in a timely manner, ie. well before,the 2001 opening date. NOTE: If the work being performed is reconstruction, renovation, addition, or alteration, compliance with this decision must be achieved by completion of the project and prior to final approval,by &,building department)Otherwise, if the work being performed is new construction, compliance with this decision must be'achieved prior to 6%617 suance of an occupancy permit. Any person aggrieved by the above decision may-request an adjudicatory hearing before the Board within_30-days of receipt of this decision by filing the,attached request foran adjudicatory hearing. If after 30 days, a request for an.agjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Date:/May 23, 2000 ARCHITECTURAL ACCESS BOARD cc: l Building Inspector rtKAg Local Disability Commission a J Independent Living Center r �` Chair son I C;f The Commonwealth of Massachusetts = ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR FINAL DECISION RE: Salem Ferry, Blaney Street, Salem 1. The hearing was held upon a complaint filed with the Architectural Access Board by Robin Kellett that the following section(s) are in violation of 521 CMR: Section 18.3 —Entrance to the terminal is not accessible Section 18.12.1 —Unassisted access is not provided Section 18.13.1 —Handrails on ramp do not comply Section 7.1 —Public areas located with the terminal are not accessible Section 30.1.2—Portable toilets are not accessible Section 7.2.2c_Height of service counter exceeds 36 inches Section 27.4—Handrails are not provided on the stairs to the terminal Section 25.1 —Entrance to the terminal is not accessible(Same as 18.3) Section 25.2—Path of travel to terminal is not a paved walk or ramp Section 25.6—No signage is provided indicating where accessible entrance is located. Section 27.1 —Stairs to the terminal do not comply 2. The hearing was held on: Monday, November 15, 1999 3. The following persons appeared: Frederick L. Nolan, III, Boston Harbor Cruises, as of June 10, 1999, the operator of the Salem Ferry to Boston and Arthur Daignault, Access Specialist, Independent Living Center North Shore and Cape Ann The Chair swore in all persons offering testimony. Board Member Lorraine Greiff sat for purposes of a quoram, but did not participate in or vote in the matter before the Board. Ms. Greiff also did not participate in the hearing on June 21, 1999. 1 4. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and fmds as follows: By way of background: The case originated as a variance request filed by Craig Wheeler on June 12, 1998. The applicant requested variances from the following sections of the 1996 Rules and Regulations of the Board: Section 18.13.3 — landings on ramps and slopes and Section 24.5 — Handrails. The City of Salem requested a four-month temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston. To this end, they needed to construct a temporary boat docking facility in Salem at Blaney Street. The information stated that after the four- month demonstration project, the docking facility would be dismantled. On Monday, June 29, 1998, after reviewing the material submitted the Board voted as follows: GRANT the variance to Section 18.3.3 for a period of 4 months only. The variance expired on November 1, 1998. The Board also denied the variance to Section 24.5 and ordered that appropriate handrails be installed on the marine ramp for the reason that compliance has not been proven to be impracticable in this case. On May 7, 1999, another variance application was filed by Mayor Usovicz requesting temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston at Shetland Park in Salem, because the previous year's service proved to be so successful. The city then decided not to fund or run the ferry service, and has stated they are not responsible for compliance issues. However, there is a new ferry service operated by Boston Harbor Cruises. It has been found that Goldeneye Inc. is the company that owns the Blaney Street pier. The Board notified Boston Harbor Cruises, Owner/manager of the reported violations and they failed to respond. Therefore,the Board scheduled this complaint hearing. On November 15, 1999,the Acting Chairman, Larry Braman called upon the complainant to present the case for the complaint. Mr. Braman also asked Mr.Nolan if he has a list of the complaints to be addressed. Mr. Nolan did not have a copy of the original letter sent to the Owner/Manager, Salem Ferry, Blaney Street, Salem, on July 20, 1999, outlining the reported violations. Arthur Daignault, Independent Living Center of the North Shore (ILCNS) stated that he is familiar with the case, and Robin Kellett filed the complaint when she was Associate Director of ILCNS. Mr. Daignault appeared at the hearing on June 21, 1999. Mr. Daignault stated the complaint was filed because there was no way for persons with disabilities to enter the trailer to buy tickets or to access the waiting area. In addition, the issue of an accessible path of travel provided to get to the boat and onto the boat. Mr. Daignault stated that the violations reported by Ms. Kellett were never addressed by Boston Harbor Cruise. Mr. Frederick Nolan apologized to the Board, and stated he did not know the individual who came to the site and initiated the complaint. He stated there were problems relative' to access when the operation between Salem and Boston began. He stated his company 2 negotiated with the City of Salem and other parties interested in the ferry through most of the spring. Mr. Nolan stated that the Salem Ferry was operated last year under a pilot program by EOTC to determine if there was a market for a Salem to Boston commuter boat or ferry service. The Pilot program was subsidized, in the amount of$750,000 and in addition, to that had applied to it the placement of floats owed by the MassPort, and gangway that was residual inventory that was left over from the Revere Sugar site. Mr. Nolan stated the ferry operation began under separate contract, under another operator in 1998. Mr. Nolan stated the gangway came from MassPort along with the floating docks. Mr. Nolan stated that Boston Harbor Cruises was invited to look at the Salem Ferry for a long term operation without subsidy by landowners of Blaney Street, the site the Salem Fent' operates from. He stated that Boston Harbor Cruises are tenants at the site and are paying rent for the facilities. Mr. Nolan acknowledged that Boston Harbor Cruises owns the trailer referred to in the complaint. He stated it was moved to the Blaney Street location, for temporary ticketing until such time the landowners could get Chapter 91 and other applicable approvals, so they could build a full scale. facility that will be fully accessible. Mr. Nolan stated that recognizing that the trailer was inaccessible, tickets were available both in the trailer and on board the vessel. Mr. Nolan stated the gangway and floating docks are no different than those installed by the Commonwealth of Massachusetts, the prior year. He stated they do not meet the 1:12 slope requirement. Mr. Nolan stated the fact is regarding the boat transitional pieces, Boston Harbor Cruises is working diligently with Stephen Spinetto, of the City of Boston Disability Commission, and is part of a sub-committee in Washington to determine what the proper application is for the commercial vessel industry. Mr. Nolan stated as of now there is no regulations dealing with accessibility to vessels. Mr. Nolan stated that Boston Harbor Cruises built three or four vessels new vessels over the past two years and installed accessible toilet rooms, but they are not required by law to do that. He stated the Coast Guard has no existing regulations relative to that. Mr. Nolan stated that Boston Harbor Cruises has ownership over the trailer, and once advised, immediately installed a ramp to the door, albeit it is not in full compliance with 521 CMR. Mr. Nolan stated Boston Harbor Cruises did not go further, because the only paved area in the lot that they are operating from is the ten paved handicapped parking spaces relegated to the site. He stated the balance of the site has not been permitted for paving, because of an ongoing environmental review process before paving. Mr. Braman called upon Board Members with questions. Board Member Lorraine Greiff asked Mr. Daignault if there is an accessible path of travel to the boat. Mr. Daignault did not have the exact measurements of the slope of the ramp, but noted it is steep. Mr. Nolan stated that it is a 50 foot gangway with a tide range on average of nine and on-half feet. Mr. Nolan acknowledged that the ramp is steep. Mr. Nolan stated that Boston Harbor Cruises operates 23 vessels in Boston Harbor, 14 under which are operated under contract to MBTA, MDC and the facilities in Salem are no better than, and in some cases, better than the other facilities that Boston Harbor operates that are state-owned and controlled. Mr. Nolan stated this is primarily because there is no clear definition as to what to do with regard to accessibility on floating docks and gangways. Mr. Nolan stated a recent solution came up in federal court in which the federal government installed a system which in an on-call elevator that runs with the tide. 3 Ms. Greiff asked how that relates to this complaint. Mr. Nolan stated only to say the facilities in Salem are no less steep or no less impacting than the average facilities provided by the Commonwealth for commuter transportation. Mr. Kelly asked if Boston Harbor Cruises is under contract to Salem. Mr. Nolan replied, no, Boston Harbor Cruises has a five-year contract with the Pleasant Street landowners, Goldeneye. Mr. Kelly asked if his company plans to make any modifications during the run of the contract. Mr. Nolan stated the trailer, (the only thing his company has control over) will be replaced next season with a facility that is 100% accessible. He stated that Goldeneye currently has a fully accessible plan in front of the Department of Environmental Protection (DEP) to which they are trying to get a Chapter 91 license for. Mr. Carell asked Mr. Nolan if he is aware that the time variance granted to the City of Salem acknowledged deficiencies (violations of 521 CMR) and was only for four months. Mr. Carell stated, as he understands Mr. Nolan's testimony, the facility that is in place now, is virtually identical to that previously in place. Mr. Nolan replied that is correct. Mr. Nolan stated neither he nor his company was aware of the previous time variance granted by the Board. The violations were addressed as follows: Section 18.3 —Entrance to the Salem Ferry service terminal(trailer) is not accessible Mr. Nolan stated the entrance to the terminal is currently accessible, but was not at the start of the Salem Ferry operation. He stated he is not aware of the date of the complaint. Mr. Carell asked if the ramp is in full compliance with 521 CMR. Mr. Nolan acknowledged that the ramp is not in full compliance. Mr. Carell advised him that if the ramp is not in compliance, there is no accessible entrance. Section 18.12.1 —Unassisted access is not provided between the land and the floating docks. Mr. Carell asked if the above violation is accurate. Mr. Nolan was not clear as to the requirements. Deborah A. Ryan, the Board's Executive Director stated the issue is access between the land and the floating dock, i.e.,the slope has to be at least 1:12. Mr. Nolan agreed that the reported violation is valid. 0 Section 18.13.1 —Handrails on the marine ramp do not comply with 521 CMR Mr. Carell asked if the handrails on the ramp comply with 521 CMR. Mr. Nolan was unable to answer the question. 0 Section 7.1 — Public service areas located within the terminal (trailer) are not accessible to persons with disabilities. Mr. Carell asked if the above violation is true. Mr.Nolan stated that is true. 0 Section 30.1.2—Portable toilets are not accessible Mr. Carell asked if the portable toilets are accessible. Mr. Nolan stated there are no public toilet rooms within the trailer, but there is a portable toilet at the back of the trailer for the staff. Mr. Carell asked Mr. Nolan if it is his testimony that there are no public 4 toilet rooms. Mr. Nolan stated that is his understanding. Ms. Greiff asked if the public ever uses the portable toilets. Mr. Nolan stated he was not at the site this summer, so he cannot be sure if the public ever used the portable toilets. 0 Section 7.2.2c—Height of service counter exceeds 36 inches Mr. Nolan acknowledged that the service counter exceeds 36 inches. p Section 27.4 — Handrails are not provided on the stairs at the terminal building entrance. Mr.Nolan stated that at the time the complaint was filed, concrete blocks were stacked up before the ramp was constructed. He stated there is a railing now in place on the ramp. p Section 25.1 —Entrance to the terminal is not accessible Mr.Nolan stated that is true. (Same as 18.3) h of travel to approach the terminal is not a paved walk or ramp Mr.Nolan stated that when Boston Harbor Cruises went into the site, the Commonwealth provided relative to improving the lot was to create 10 handicapped parking spaces which have a paved walkway connected to them which then connects to the gangway below. Mr. Nolan stated he not aware of what the problem is. Mr. Nolan stated before the ramp went in, there was no connection. Mr. Daignault stated the whole handicapped parking area is paved now, and then it continues over to the gangway. Sectiafi' 5.6 — No signage is provided to indicate the location of the accessible entrance Mr. Nolan stated that technically there was no signage at the time the complaint was filed.. He stated the paved area is to the right of the ramp. Section 27.1 —Stairs to the terminal do not comply 0 Mr. Nolan stated the stairs are no longer there, they were replaced by a ramp. Mr. Carell stated it appears based on the testimony, that the entrance to the terminal is not accessible; the height of the service counter is incorrect; the public areas located within the trailer are not accessible; the handrails may or may not comply and unassisted access is not provided. Also, there is a question of whether or not the portable toilet is open to the public. Mr. Nolan agreed that is a fair assessment of the matter. Mr. Carell asked why knowing this, Boston Harbor Cruises began service. Mr. Nolan stated he is not certain with regard to the trailer. He stated that Boston Harbor Cruises took a trailer they had in stock and put it in place very quickly, expecting that the landowner eventually would get permission to do the facility. Mr. Nolan stated that Boston Harbor Cruises knew they were deficit even to the mobile public, because they had temporary block stairs in place and they had a number of complaints from elderly persons getting in and out of the trailer. Mr. Nolan stated it took two weeks after the trailer was in position to get the ramp in place, and make whatever improvements were made. The trailer was put in place because the landowners did not have the approvals to construct a new building. 5 Mr. Nolan stated the trailer is a short-term solution, but evidently they were short-sighed in not making the trailer handicapped accessible. Mr. Nolan stated they felt comfortable with the floating docks and access to them. Ms. Greiff inquired as to the operating months for the Salem Ferry. Mr. Nolan stated it is scheduled to run from May 1 through October 31. Mr.Nolan stated that this year the ferry operation began on June 10. Mr. Kelly asked whose Boston Harbor Cruises contract is with. Mr. Nolan stated that Boston Harbor Cruises is a tenant of a company called Goldeneye Corporation, the private landowners at Blaney Street. Mr. Kelly asked who supplies the ferry service. Mr. Nolan responded Boston Harbor Cruises supplies the service. Mr. Kelly stated he is trying to establish what Boston Harbor Cruises is responsible for correcting and what Goldeneye Corporation is responsible for. Mr. Nolan stated the plan was for Boston Harbor Cruises to be the tenants, and the landowners would provide the floating docks and terminal that his company would operate. W. Nolan stated that everything was delayed during the landowner's negotiation with the city. Mr. Kelly asked Mr. Nolan if the operation commenced with his company's equipment or the landowners. Mr. Nolan replied that it was the landowner's floating docks and gangways they borrowed from MPA, and with his trailer. W. Kelly asked why the landlord did not provide the trailer. Mr. Nolan stated they did not have the financial wherewithal at the time. Mr. Kelly stated so Boston Harbor Cruises assumed a burden that belongs to the landowners. Mr. Nolan replied, technically yes. Mr. Kelly stated so strictly speaking, if everything was in place as it should be, Boston Harbor Cruises is only responsible for the boat. Mr. Nolan stated that is correct. The Board advised Mr. Nolan that the Board's current regulations, in effect since 1996, Section 18 and Section 19 of 521 CMR, specifically address the requirements at marine facilities. The Board stated that regardless of whether the federal government has regulations, the Commonwealth has had regulations in effect that is applicable to this site. Mr. Nolan stated his company has been waiting for federal regulations to tell them what the guidelines are going to be. The Board reiterated that there are state regulations already in effect that are applicable to this site, and must be complied with. Mr. Kelly stated his opinion is that Goldeneye should also be involved in the matter. Mr. Daignault submitted a copy of an article that appeared in the local newspaper relative to a plan for a commuter run to Boston next summer (2000). Mr. Daignault stated his concern is that the operation will continue to run, as was done this year, without being fully accessible to persons with disabilities. Ms. Greiff asked Mr. Daignault if he is aware if commuters could buy tickets on board the vessel this past season. Mr. Daignault stated he is not aware if tickets were available other than in the trailer. Mr. Braman asked who currently owns the equipment, which connects the land to the boat. Mr. Nolan stated to clarify matters, Goldeneye Corporation owns the floating docks and the gangway is leased from MassPort. Mr. Braman stated the one issue in doubt is the use of whether the portable toilets are open to the public. Mr. Daignault stated the toilet is not accessible, but could not offer definitive testimony as to its use. Ms. Ryan 6 stated the Board has a letter dated July 22, 1999, from John D. Keenan, Assistant City Solicitor, Salem that last year they had a license to use the property for the four-month experiment. The letter also stated that the docking facilities were borrowed from MassPort and all of that was removed. Further, it stated the docking facility now in place at Blaney Street was installed by Goldeneye and its ferry service provided (different than last year). Ms. Ryan asked Mr. Nolan if his company leases the equipment from MassPort. Mr. Nolan stated that is technically wrong, Goldeneye borrowed/leased the gangway from MassPort, last year and again this year, and attached that gangway to their own floating docks. Ms. Ryan stated that then Goldeneye is the company the Board should be contacting, for the proper gangway and floating docks. Mr. Nolan replied that is correct. Mr. Kelly asked if there is any business connection between Boston Harbor Cruises and Goldeneye, other than tenant and landlord. Mr. Nolan replied no. Ms. Greiff asked Mr. Nolan why did not contact Goldeneye relative to the hearing. Mr. Nolan stated he spoke to someone from Goldeneye this morning to see if they were going to be at the hearing,but they did not receive notification of the hearing. Ms. Ryan stated if the Board was aware that another party was involved,notification would have been sent to them. Ms. Ryan stated to clarify matters, the first letter that went out July 20, 1999, to the Salem Ferry, and no response was received. The second letter went out September 9, 1999, to the building owner and there was no response, and that is why the hearing was scheduled. Mr. Braman called for a motion. BOARD DECISION The Board finds based on the testimony, Boston Harbor Cruises is a tenant on the property and provided the trailer that was onsite this past season. The Board finds that the trailer should have been fully accessible at the time it was brought to the site. Section 3.10 of 521 CMR requires that even temporary structures comply with 521 CMR. The Board finds the following sections are applicable to the Boston Harbor Cruise operation, as they are the only articles Boston Harbor Cruises has authority over: Section 18.3, Section 18.12.1, Section 18.13.1, Section 7.1, Section 7.2.2c, Section 25.1 (Section 18.3), Section 25.2 and Section 25.6. .Further, based on Mr. Nolan's testimony, i.e., his agreement that the above sections are in violation of 521 CMR, the Board voted to find in favor of the complainant that the above sections are valid violations of 521 CMR. The Board excluded Section 30.1.2, as long as the toilets provided on-site are designated as staff only toilet rooms. In addition, Sections 27.1 and 27.4 were excluded, because the stairs were replaced by a ramp, albeit a non-complying one. The Board ordered that the trailer (Salem Ferry office) be brought into full compliance with 521 CMR, prior to reopening the operation, or an application for variance be submitted (see enclosed) within 30 days of receipt of this decision. i.. 7 Further, the Board ordered that the Salem Ferry not be allowed to operate, at this site, or any other site until all accessibility issues are addressed. The Board reiterates that it has had regulations in effect since 1996 relative to marine facilities, see Sections 18 and 19 of 521 CMR. The Board also finds, based on the testimony, Goldeneye is the landowner; owns the floating docks and leased/borrowed the gangway from MassPort. Therefore, the Board voted to have Goldeneye be made a.party to the case, and be notified of outstanding violations. The Board voted to waive the site inspection requirement. This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty(30)days of receipt of this decision. DATE: December 15, 1999 ARCHITECTURAL ACCESS BOARD QYa:::a Larry Wian Acting hairman cc: Local Building-Inspector Local Disability Commission Independent Living Center Complainant 8 Ct'tp of *&M, 4RaggaCbU!6Cttg iublit Propertp Department 313uilbing Department One balem Oreen (978) 7459595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 5/00 Goldeneye 10 Blaney St. Salem,Ma. Dear Bob; The Salem Building Department is ordering you to cease operations until you are in full compliance with Our department and the Architectural Access Board. This is a list of the violations that need to be addressed. All AAB issues will need to be in compliance with the letter sent to you dated 12/15/99 from the AAB. 1. The storage shed,the dumpster, trailer and rest rooms all need to be 10 feet away from the property line. 2. The handicap ramp to the trailer will need to be complete and to code. 3. The bottom ramp section on the ramp is not flat. 4. You will install two handicap bathrooms. 5. When all the issues are complete you will need to obtain a Certificate of Inspection in order to open. Sincerely AAter � out The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1.800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR TO: Local Building Inspector Independent Living Center Local Commission on Disability Complainant FROM: Architectural Access Board RE: DATE: /Q� Enclosed please find a copy of the following material regarding the above location: _Application for Variance Derision of the Board _Notice of Hearing ✓ Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which would assist the Board in making a decision on this case, you may call this office, or you may submit your comments in writing to the above address. Thank you for your assistance. c� CitV of 6atem, '41a!65aCbU!5Ctt!51 Public Propertp Mepartment AUG 1 7 3guilbing Mepartment One Salem green (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 16, 2000 Architectural Access Board Room 1310 One Ashburton Place Boston, Ma. 02108 ATTN: Tom Hopkins RE: Salem Ferry Dear Mr. Hopkins: A re-inspection was done at the Blaney Street site on August 11, 2000, by the Salem Building Department and Jack Harris. Bo Salem met us there and went over the list item by item. They have complied with all demands of your department and ours. If you have any questions you can reach me at 978-745-9596 ext. 386. Thank you, kms,,... 'tt- Frank DiPaolo Local Building Inspector Cite of *a[em, f am5arbuzettg ` Public Vropertp 33epartment �3uilbing Mepartment One balem Oreen (978) 745-9595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 16, 2000 Architectural Access Board Room 1310 One Ashburton Place Boston, Ma. 02108 ATTN: Tom Hopkins RE: Salem Ferry Dear Mr. Hopkins: A re-inspection was done at the Blaney Street site on August 11, 2000, by the Salem Building Department and Jack Harris. Bo Salem met us there and went over the list item by item. They have complied with all demands of your department and ours. If you have any questions you can reach me at 978-745-9596 ext. 386. Thank you, A,4 Frank DiPaolo Local Building Inspector fib/utl/Zuuu lu:GO OilIL!u0o0 •+n.r �� .+ ^� - ---- The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston; Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800.828.7222 Voice and TDD JANE SWIFT Fax: (617) 727-0886 LT GOVERNOR www.state.Ina.uelaab DEBORAH A. RYAN EXECUTIVE DIRECTOR FINAL DECISION ON THE IMPOSITION OF FINES Re: SALEM FERRY,SALEM,MA On Monday,August 7,2000,the Board held a fine hearing in the matter of the Salem Ferry,Salem,with Robert Salem,Goldeneye Corporation appearla& Mr.Salem was sworn in by the awu nan, The hearing was held to determine whether or not the Salem Ferry's noncompliance with the Board's ORDERS of December 15, 1999, July 19, 2000, was without justification anal, if so, whether or not to impose fines of up to $1,000.00 per day,per violation. By way of background; The Architectural Access Board held a hearing on November 15, 1999,relative to accessibility issues at the Salem Ferry. At that time,the Board found violations of 521 CMR, and in a decision dated December 15, 1999, ordered that the Salem Ferry not be allowed to operate at the current site or any other site until all accessibility issues are addressed. The Board received information that the Salem Ferry was operating and not all the accessibility issues had been addressed, Therefore,the Board asked Thomas Hopkins,its Compliance Officer to visit the site. On July 18,2000,Thomas Hopkins,the Board Compliance Officer conducted a site inspection. Mr. Hopkins took photographs of the site conditions relative to each of the Sections cited, and reported his findings to the Board. In a letter dated July 19, 2000, Mr. Robert Salem was advised by Garry Rhodes, the Chairman of the Board, of Mr.Hopkins findings. Further in that letter, the Board ordered that the violations be brought into compliance with 521 CMR within the following schedule: 1. Sections 23.1,26.10.1,20.8 and 7.2.2c be brought into complianceby Tuesday,July 25,2000. 2. A plan be submitted by Tuesday,July 25, 2000,indicating how the The following items will be brought into compliance Sections 18.12.1, 18.13.4,22.4, 24.5,7 and 27.4. 3. All items mention in#2 must be brought into total compliance,no later than August 1,2000. 1 in addition, Mr. Salem was advised that a site visit had been scheduled for Tuesday,.August 1,2000, at 2:00 p.m.,to verify compliance, and to have someone available to meet with Thomas Hopkins. Mr. Salem was also advised that the Board scheduled a fine hearing for Monday, August 7, 2000, at 11:15 a.m., at One Ashburton Place, 21" Floor, Boston, if Mr. Hopkins found any areas remaining in violation. The hearing to be held to determine whether or not to impose fines of up to $1,000 per day, per violation for any violation the Board determined to be without justification. On August 1,2000,Mr.Thomas Hopkins,Compliance Officer for the Board conducted a site inspection to verify compliance with the Board's regulations. Mr.Hopkins found the following: Section: Description; 23.1 Handicarmed Parking: Handicapped parking spaces are now in compliance with the Board's regulations. The signs were installed at the time of the inspection. Result: Compliance 26.10.1 The threshold at the accessible entrance has been corrected and is now in compliance. Result: Compliance 26.11.1 The accessible entrance door has door-operating hardware that now complies with Section 26.11.1. Result: Compliance 18.12.1 Unassisted access is not provided. The site visit showed that ramp used to provide access from the floating dock to the vessel had approximately, a six- inch step at each end. The inspection revealed that there was an attempt to attach metal plates at each end of the ramp,however, at the site inspection,the metal plates were not attached, as it appeared they had broken off. Result: Violation 18.13.4 Transition Plates: The transition plate on the gangway connecting the land to the floating dock had a one(1) inch lip at the top of the gangway and remains in violation. Result: Violation The transition plate at the bottom of the gangway to floating dock was corrected to a longer transition plate complying with the slope requirements. Result: Compliance 22.4 The walking surface on the floating dock had a change in,level greater than 1/4". The change in level corrected by installing wood filler. ResuH: Compliance 2 ae/acizoaa 1a:a0 OL/,L,000� — 24.5.7 he surface of the handrails on the ramp(gangway from land area to floating dock)was sharp and abrasive. At the time of the site inspection,the handrails had not been corrected Result: Violation 20.8 The amessible route to t es not cornolv withSectio The site visit revealed that the portable toilets were relocated and are now on an accessible path of travel, Result: Compliance. 7.2.2c Heieht of s ice coup 361 inches. The site visit revealed that the counter had been corrected to the dimensional requirements of Section 7.2.2c.However, this area was blocked from use by persons with disabilities by the cash register. The owner stated that the staff continually moves the cash register back to the lower counter. Result: Violation. 27.4 Handrails are not provided on the stairs to LLLMZiUg.The site visit showed that handrails were installed on the stairs but they do not meet Section 27.4 Result: Violation The Board found that this case has been on-going since June of 1998. In June of 1998,the Salem Ferry requested a variance to operate a demonstration project in the City of Salem. The Board granted the variance to allow the Ferry to operate on a demonstration project until November 1, 1998 only. The Board then received a complaint in July of 1999 indicating that the Salem Ferry was still operating in violation of our decision. The Board found at that hearing that the ferry was operating in violation of our regulations and ORDERED that the service be stopped immediately,or until such time as the facility is brought into full compliance with the Board's regulations. Another hearing was held on November 15, 1999, at which time all of the above violations were addressed. In a decision issued on December 15, 1999,the Board ORDERED that the trailer,(Salem Ferry office)be brought into full oempliance, prior to the reopening of the operation. In addition,the Board ORDERED that the Salem Ferry not be allowed to operate, at this site,or any other site until all accessibility issues are addressed. From January 12, 2000,until the present date,the following events occured: 1. In a letter on January 12,2000,to Mr. Salem,the Board reiterated it's decision that the Ferry was not to operate for the 2000 season until compliance has been achieved. The Board sent another copy of its decision of December 15,2000, 2. On March 30,2000, Mr.Arthur Daignault,Access Specialist at the Independent Living Center of the North Shore and Cape Ann wrote to Mr.Salem advising them of their requirement to bring the facility into total compliance before beginning its operation. 3. On May 1s,2000, the Board again, advised my Salem of our decision of December 15, 1999, advising he that the facility was not to operate until compliance had been achieved. 3 4. On May 18,2000, Boston Harbor Cruises advised the Board that the ticketing center will not be open until all improvements are complete 5. On May 16,2000, Go(deneye Corporation filed a variance application for a temporary variance to the slope of the gangway only. 6. The Board issued a decision on May 23, 2000,granting a TEMPORARY variance on the slope of the ramp only until the start of the next season or until the Chapter 91 license is approved,whichever comes first. The decision was AGAIN conditioned upon the facility being brought into full compliance(with the exception of the slope of the gangway)PRIOR to the opening of the facility for the season. 7, On June 7,200-0-Ms.Mary Margaret Moore;Executive Director of the Indpendent Living Center of the North Shore and Cape Ann,Inc.wrote to the Board stating that the facility was operating on June 3, 2000 and on June 4,2000 and the violations had not been corrected. 8. On June 9,2000,the Building Inspector for the City of Salem wrote to the Board stating that he had informed Mr.Nolan on June 2,2000,that he was not in compliance with the Board order and he could NOT open. Mr. Nolan opened the facility in defiance of the building official's order. 9. On July 10,2000,the Board notified the Salem Ferry of a site visit to be conducted on July 18,2000, 10. On July 18,2000,the Board conducted a site inspection and found the violations had not been corrected and gave the facilty two weeks to correct the items. After reviewing the above information the Board fords that despite REPEATED notification that the Salem Ferry was not to operate unless the facility was brought into full compliance with the Regulations,the owners failed to comply with the Board's ORDERS. The Board further finds that Salem Ferry's non-compliance with the Board's Orders was without justification and voted to IMPOSE FINES AS FOLLOWS: 18.12.1 Unassisted access is not Rrovided. The site visit showed that ramp used to provide access from the floating dock to the vessel had approximately, a six- inch step at each end. The inspection revealed that there was an attempt to attach metal plates at each end of the ramp,however, at the site inspection,the metal plates were not attached,as it appeared they had broken of£ The Board funds that even though an attempt was made to comply with the regulations,at the time of the site inspection and at the hearing,the owners made no attempt to correct the problem. Since this violation prevents a person with a disability from accessing the boat,the Board voted to Impose fines of$850.00 per day,beginning on Friday morning, August 14 2000,at 8:00 a.m.and continuing in effect,seven days a week, until compliance has been achieved. (This allows an additional 4 days for the owner to bring this issue into compliance) 18,13-4 Transition Plates: The transition plate on the gangway connecting the land to the floating dock had a one(1) inch lip at the top of the gangway and remains in violation. 4 ....... .. The Board finds that no attempt was made to comply with the regulations, despite notification on more than one occasion. The owner stated he was aware of the problem but has not corrected it yet Since this violation is a tripping hazard for a person with a disability in accessing the gangway,the Board voted to impose fines of$500.00 per day,beginning on Friday morning,August 11,2000,at 8:00 am.and continuing in effect,seven days a week,until compliance has been achieved. (This allows an additional days for the owner to bring this issue into compliance) 24.5.7 The surface of the handrails on the ramp(gangway from land area to floating dock)was sharp and abrasive, At the time of the site inspection,the handrails had not been corrected The Board finds that the petitioner stated that the handrail has since been sanded,however,it was not done at the time of the site inspection. The Board voted to impose fines of$200.00 per day,beginning on Friday morning,August 11,2000,at 8:00 am. and continuing in effect,seven days a week,until compliance has been achieved. (This allows an additional 4 days for the owner to bring this issue into compliance) If the issue is already resolved,no fines will be imposed. 7.2.2e Heigh!of service counter exceeds thirty-six(36)inches. The site visit revealed that the counter had been corrected to the dimensional requirements of Section 7.2.2c.However,this area was blocked from use by persons with disabilities by the cash register. The owner stated that the staff continually moves the cash register back to the lower counter, The Board finds that Mr. Salem stated that the he has spoken to all staff of the facility and his told them that the cash register must be left on the higher counter and the accessible counter must not be blocked. The Board found that by simply telling staff not to move the cash register was not going to solve the problem. The voted not to impose fines,however, ORDERED that the cash register be]PERMANENTLY FIXED on the higher counter to avoid the problem of staff moving it. The Board further ORDERED that the cash register be permanently fixed no later than Friday morning,August 11,2000,at 8:00 am. 27.5 Handrails are not provided on the stairs to the Leal•The site visit showed that handrails were installed on the stairs but they do not meet Section 27.4 The Board finds that the petitioner stated that bandrails have been installed. However,the handrail is a 2" by 4" board which does not meet the requirements of Section 27.5. The Board further finds that Mr.Salem was provided with a copy of section 27.5 and found his noncompliance with the regulations was not justified. The Board therefore voted to impose 5 fines of$850.00 per day,beginning on Friday morning,August 11,2000,at 8:00 a.m.and continuing in effect,seven days a week,until compliance has been achieved. (This allows an additional 4 days for the owner to bring this issue into compliance) The Board also requests that the Building Inspector visit the site on Friday, August 4,2000,and verify as to whether or not compliance has been achieved. This constitutes a final order of the Architectural Access Board entered pursuant to G.L.c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14,of G.L.30A. Any appeal must be filed in court no later than thirty(30)days of receipt of this decision. Date: August 8,2000 ARCHITECTURAL ACCESS BOARD ^r /Garry Rhoden . Chairman Cc: Boston Harbor Cruises Local Building Inspector Local Disability Commission Independent Living Center Complainant 6 j The Commonwealth of Massachusetts w ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR - 1-800-828-7222 ANE SWIFT Voice and TDD - JANE T. SWIFT Fax: (617) 727-0665 www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR July 19, 2000 Mr. Robert Salem Golden Eye Construction 4 Blaney Street Salem, MA 01970 RE: Salem Ferry, Blaney Street, Salem, MA(Complaint# 99-114 and #99-252) Dear Mr. Salem: On July 18, 2000, a site inspection was conducted at the above referenced property, by Mr. Thomas Hopkins, Compliance Officer for this Board. Mr. Hopkin's inspection revealed the following: Section: Description: 23.1 Handicapped Parking: One of the accessible parking spaces is completely blocked by the ramp and the ice machine. The accessible parking space must be relocated to fully comply. The total number of accessible spaces must also meet Section 23.2.1. Result: Violation 26.10.1 The threshold at the accessible entrance exceeds one-half an inch (1/2"). Result: Violation 26.11.1 The accessible entrance door has door operating hardware that does not comply with Section 26.11.1. Result: Violation. 18.12.1 Unassisted access is not provided. The site visit showed that ramp used to provide access from the floating dock to the vessel had approximately, a six - inch step at each end. Result: Violation A t �I A' N 18.13.4 Transition Plates: The transition plate on the gangway connecting the land to the floating dock had a one (1) inch lip at the top of the gangway. The transition plate at the bottom of the gangway to floating dock was too short, creating a slope exceeding 1:12 (8.3%). (Slope was measured 22.9%). Result: Violation 22.4 The walking surface on the floating dock had a change in level greater than 1/4". The change in level was measured at the seam, and was approximately one (1) inch. Result: Violation. 24.5.7 The surface of the handrails on the ramp (gangway from land area to floating dock) was sharp and abrasive. Result: Violation 20.8 The accessible route to the portable toilets does not comply with Section 29.1. The site visit revealed that the portable toilets remain inaccessible to persons with disabilities because the accessible route from the terminal building is made up of loose gravel. Result: Violation. 7.2.2c Height of service counter exceeds thirty-six (36) inches. The site visit revealed that the counter had been corrected to the dimensional requirements of Section 7.2.2c. However, this area was blocked from use by persons with disabilities by the cash register. Result: Violation. 27.4 Handrails are not provided on the stairs to the terminal. The site visit showed that no handrails were present on the stairs. Result: Violation The Board ORDERS the violations be brought into compliance with our regulations within the following schedule: 1. Sections 23.1, 26.10.1, 26.11.1, 20.8, and 7.2.2c must be brought into compliance by Tuesday, July 25, 2000. 2. A plan be submitted by Tuesday, July 25, 2000 indicating how the following items will be brought into compliance 18.12.1, 18.13.4, 22.4, 24.5.7, and 27.4. 3. All items mentioned in#2, must be brought into total compliance, no later than August 1, 2000. A site visit has been scheduled to verify compliance on Tuesday, August 1, 2000 at 2:00 p.m. Please have someone available at the site to meet the Board's Compliance Officer, Mr. Thomas Hopkins. In addition, the Board has scheduled a fine hearing, for Monday, August 7, 2000, at 11:15 a.m. at One Ashburton Place, 21st Floor, Boston, for the purpose of determining whether or not your 2 noncompliance with our regulations is justified. At a hearing on Monday, November 15, 1999, this Board ORDERED that the facility be brought into full compliance PRIOR to the facility opening. The opening of the facility was in DIRECT violation of this Board's order. If the Board finds at the August 7, 2000, hearing that your non-compliance with the Board order was without justification, it has the authority to impose fines of up to $1,000 per day, per violation. If Mr. Hopkins determines at the site inspection on August 1, 2000, that all items have been brought into compliance, the above fine hearing will be cancelled. If you have any questions, please feel free to contact this office. Sin rely, Garry odes Chairman cc: /NIr. Frederick Nolan III, Boston Harbor Cruises Local Building Inspector Complainant Disability Commission Independent Living Center 3 The Commonwealth of Massachusetts W ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1.800-828-7222 Voice and TDD - JANE SWIFT Fax: (617) 727-0665 LT.GOVERNOR www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR July 19, 2000 Mr. Robert Salem Golden Eye Construction 4 Blaney Street Salem, MA 01970 RE: Salem Ferry,Blaney Street, Salem, MA(Complaint# 99-114 and#99-252) Dear Mr. Salem: On July 18, 2000, a site inspection was conducted at the above referenced property,by Mr. Thomas Hopkins, Compliance Officer for this Board. Mr. Hopkin's inspection revealed the following: Section: Description: 23.1 Handicapped Parkine: One of the accessible parking spaces is completely blocked by the ramp and the ice machine. The accessible parking space must be relocated to fully comply. The total number of accessible spaces must also meet Section 23.2.1. Result: Violation 26.10.1 The threshold at the accessible entrance exceeds one-half an inch (1/2"). Result: Violation 26.11.1 The accessible entrance door has door operating hardware that does not comply with Section 26.11.1. Result: Violation. 18.12.1 Unassisted access is not provided. The site visit showed that ramp used to provide access from the floating dock to the vessel had approximately, a six - inch step at each end. Result: Violation 1 CO 18.13.4 Transition Plates: The transition plate on the gangway connecting the land to the floating dock had a one (1) inch lip at the top of the gangway. The transition plate at the bottom of the gangway to floating dock was too short, creating a slope exceeding 1:12 (8.3%). (Slope was measured 22.9%). Result: Violation 22.4 The walking surface on the floating dock had a change in level greater than 1/4". The change in level was measured at the seam, and was approximately one (1) inch. Result: Violation. 24.5.7 The surface of the handrails on the ramp (gangway from land area to floating dock) was sharp and abrasive. Result: Violation 20.8 The accessible route to the portable toilets does not comply with Section 29.1. The site visit revealed that the portable toilets remain inaccessible to persons with disabilities because the accessible route from the terminal building is made up of loose gravel. Result: Violation. 7.2.2c Heieht of service counter exceeds thirty-six (36) inches. The site visit revealed that the counter had been corrected to the dimensional requirements of Section 7.2.2c. However, this area was blocked from use by persons with disabilities by the cash register. Result: Violation. 27.4 Handrails are not provided on the stairs to the terminal. The site visit showed that no handrails were present on the stairs. Result: Violation The Board ORDERS the violations be brought into compliance with our regulations within the following schedule: 1. Sections 23.1, 26.10.1, 26.11.1, 20.8, and 7.2.2c must be brought into compliance by Tuesday, July 25, 2000. 2. A plan be submitted by Tuesday, July 25, 2000 indicating how the following items will be brought into compliance 18.12.1, 18.13.4, 22.4, 24.5.7, and 27.4. 3. All items mentioned in #2, must be brought into total compliance, no later than August 1, 2000. A site visit has been scheduled to verify compliance on Tuesday, August 1,2000 at 2:00 p.m. Please have someone available at the site to meet the Board's Compliance Officer, Mr. Thomas Hopkins. In addition, the Board has scheduled a fine hearing, for Monday, August 7,2000, at 11:15 a.m. at One Ashburton Place, 21st Floor, Boston, for the purpose of determining whether or not your 2 noncompliance with our regulations is justified. At a hearing on Monday,November 15, 1999,this Board ORDERED that the facility be brought into full compliance PRIOR to the facility opening. The opening of the facility was in DIRECT violation of this Board's order. If the Board finds at the August 7, 2000, hearing that your non-compliance with the Board order was without justification, it has the. authority to impose fines of up to $1,000 per day,per violation. If Mr. Hopkins determines at the site inspection on August 1, 2000,that all items have been brought into compliance, the above fine hearing will be cancelled. If you have any questions, please feel free to contact this office. Sin rely, o Garry Rhodes Chairman cc: r. Frederick Nolan III, Boston Harbor Cruises Local Building Inspector Complainant Disability Commission Independent Living Center 3 Citp of *alem, 3ffia-5garbu5ett. ` public Propertp ]Department iguilbing Mepartment one balem &reen (978) 745-9595 ext. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 5/00 Goldeneye 10 Blaney St. Salem,Ma. Dear Bob; The Salem Building Department is ordering you to cease operations until you are in full compliance with Our department and the Architectural Access Board. This is a list of the violations that need to be addressed. All AAB issues will need to be in compliance with the letter sent to you dated 12/15/99 from the AAB. f. 1. The storage shed, the dumpster,trailer and rest rooms all need to be 10 feet away from the property line. 2. The handicap ramp to the trailer will need to be complete and to code. 't 3. The bottom ramp section on the ramp is not flat. 4. You will install two handicap bathrooms. 5. When all the issues are complete you will need to obtain a Certificate of Inspection in order to open. Sincerely Ater Ert� Peter trout 05/23/2000 13: 21 6177270665 ARCHITECTURAL ACCESS PAGE 02 The Commonwealth of Massachusetts kiARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1.800-828-7222 ANE SWIFT Voice and TDD J LT,GOVERNOR SWIFT Fax: (617) 727-0665 www.state.ma.us/aab DEBORAH A. RYAN NOTICE OF ACTION EXECUTIVE DIRECTOR RE: Salem Ferry Landing, Blaney Street Salem 1 1. A request for a variance was filed with the Board by Robert Salem (Applicant)on May 18, 2000 The applicant has requested variances from the following sections of the1996 Rules and Regulations of the Board: tion: Description: 18.12.1 Slope of marine 2. The application was heard by the Board as an incoming case on Monday, May 22,2000 . 3. After reviewing all materials submitted to the Board,the Board voted as follows: GRANT a temporary variance to Sectopm 18.12.1 to allow the Salem Ferry to operate until the Chapter 91 license is approved or until the start of next seacon (2001)whichever comes first. This variance is conditioned upon the following conditions: 1. all other accessibility issues at the facility, Including the ticketing office, must fully comply with the regulations prior to the opening the the facility this season; 2. The ramp slope not exceed 1:20 for more than 25%of the tidal range; 3, status reports be submitted on the first of each month advising the Board of the progress of obtaining the Chapter 91 license. If it appears that the Chapter 91 license will not be approved by the start of the 2001 season, a written request for extension must be submitted to the Board in a timely manner, is.well before the 2001 opening date. NOTE: If the work being performed is reconstruction,renovation,addition,or alteration,compliance with this decision must be achieved by completion of the project and prior to final approval by the building department. Otherwise,if the work being performed is new construction,compliance with this decision must be achieved prior to the issuance of an occupancy permit. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days,a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Date: May 23,2000 ARCHITECTURAL ACCESS BOARD cc: Local Building Inspector Local Disability Commission 16Ali Independent Living Center Chaim on � ll 05/23/2000 13: 21 6177270665 ARCHITECTURAL ACCESS PAGE 01 The Commonwealth of Massachusetts WARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800.828.7222 ANE SWIFT Volce and TDD JFox; (817) 727.0668 LTGOV8RNOR www.state.ma,ua/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR FAX TRANSMISSION TO: I�t rim FROM: P► A NUMBER OF PAGES (including cover sheet): MESSAGE: INDEPENDENT LIVING CENTER Of the North Shore and Cape Ann, Inc. 27 CONGRESS STREET,SUITE 107 • SALEM, MA 01970 (978) 741.0077 v/TTY • TOLL FREE: (888) 751-0077 v/Trr FAx: (978) 741.1133 • CAPE ANN BRANCH: (978) 283-4000 ExT.366 v/m EMAIL:ILCNSCA@AOL.COM • WEB ADDRESS:www.ILCNSCA.ORG SERVING: June 7, 2000 Beverly Ms. Debra Ryan & Members of the Danvers Architectural Access Board One Ashburton Place, Room 1310 Essex Boston, MA 01970 Gloucester Dear Ms. Ryan &AA Board Members: Hamilton Ipswich The Independent Living Center of the North Shore & Cape Ann, Inc. (ILCNSCA) has been informed by the City of Salem Building Inspector that the Goldeneye Lynn Corporation, 4 Blaney Street, Salem operated the Salem Ferry on Saturday, Lynnfield June 3, 2000 and Sunday June 4, 2000 where violations continue to exist with regard to complaint # 99-252 which was filed by the ILCNSCA. In the AAB's Manchester December 15, 1999 final decision of the complaint states: "the Board ordered By-The-Sea that the Salem Ferry not be allowed to operate, at this site, or any other site Marblehead until all accessibility issues are addressed". The AAB temporary variance request Nahant decision of May 23, 2000 states."all other accessibility issues at the facility, including the ticketing office, must fully comply with the regulations prior to Peabody opening the facility this season". Rockport The ILCNSCA respectfully requests a fine hearing against the Goldeneye Rowley Corporation on operating without all issues in the AAB rulings being addressed. Salem Thank you for your time and consideration to this matter. Saugus Sincerely, Swampscott Topsfield Mary Marga Moore Executive Director Wenham CC: Stanley Usovicz, Mayor, City of Salem; Peter Strout, Building Commissioner, City of Salem; Beth Rennard, ADA Coordinator, City of Salem; Kevin Harvey, President, City Council, City of Salem; Jack Harris, Co-Chair, Salem Commission on Disabilities; Scott Maguire, Co-Chair, Salem Commission on Disabilities; Robert Salem and Bob Blair, Goldeneye Corp. File "SOUR GREATEST NEED AS HUMAN BEINGS IS THE FREEDOM TO PURSUE OUR DREAMS" INDEPENDENT LIVING CENTER Of the North Shore and Cape Ann, Inc. 27 CONGRESS STREET, SUITE 107 • SALEM, MA 01970 (978) 741-0077 v/TTY • TOLL FREE: (888) 751-0077 v/M FAX: (978) 741.1133 • CAPE ANN BRANCH: (978) 283-4000 EXT.366 v/TrY EMAIL:ILCNSCAQAOL.COM • WEB ADDRESS:WWW.ILCNSCA.ORG SERVING: Beverly March 24, 2000 Danvers Ms. Debra Ryan, Executive Director Essex & Members of the Massachusetts Architectural Access Board Gloucester One Ashburton Place, Room 1310 Hamilton Boston, MA 02108 Ipswich Dear Ms. Ryan: Lynn Please read this letter into the record. This letter is in response to a tempory Lynnfield variance application made by Robert Salem of Goldeneye Corp., Blaney St., Salem, Manchester MA 01970 concerning their need to temporarily not adapt existing ramp per order By-The-Sea of AAB until they obtain a pending Chapter 91 license. Marblehead After reviewing the application':and.discussing'with Goldeneye Corp.their plans to Nahant eventually construct a new fully.accessible ramp connecting the land to the floating Peabody docks upon receipt of their Chapter 91 license, the Independent Living Center of the North Shore & Cape Ann, Inc. supports this temporary variance. Rockport The ILCNSCA also expects that the Blaney Street Ferry will not open, per AAB ruling Rowley of last November, until all other accessibility issues are resolved. Salem Thank you for your time and consideration on this matter. Saugus Swampscott Sincerely, ,q Topsfield Aa,x� 717o 04 Wenham Shawn McDuff Access & Resource Coordinator CC: Robert Salem, Goldeneye Corp.; Robert Blair, Goldeneye Corp. Stanley Usovicz, Mayor, City of Salem Peter Strout, Building Commissioner, City of Salem Mary Margaret Moore, Executive Director, ILCNSCA Art Daignault, Access Specialist, ILCNSCA Scott Maguire, Co-Chairperson, Salem Commission on Disabilities Jack Harris, Co-Chairperson, Salem Commission on Disabilities File "OUR GREATEST NEED AS HUMAN BEINGS IS THE FREEDOM TO PURSUE OUR DREAMS" The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD Fax: 617 727-0665 �T.GOVERNOR www.state.ma.us/aab DEBORAH A. RYAN EXECUTIVE DIRECTOR May 18,2000 Mr. Robert J. Salem,President Goldeneye Corporation 4 Blaney Street Salem,MA 01970 RE: Salem Ferry,Salem.(Complaint#99—114) Dear Mr. Salem, This letter is a follow up regarding Complaint#99- 114 filed with the Architectural Access Board on July 15, 1999. A decision was issued by the Board on December 15, 1999. (copy enclosed) The Board requests that you provide a written status report as to the steps you have taken to comply with the Board's decision. Photographs of the work that you have completed are required. If you do not respond within fourteen(14)days of receipt of this letter,the Board will schedule a complaint hearing for you to appear before the Board. You should also be aware that this Board has previously ORDERED that the ferry not be allowed to operate,at this site,or any other site until all accessibility issues are addressed. Sincerely, Thomas P.Hopkins Compliance Officer Architectural Access Board CC:Complainant Independent Living Center Commission on Disability Local Building Inspector t0 Goldeneye Corporation 4 Blaney Street Salem, Massachusetts 01970 Commonwealth of Massachusetts Architectural Access Board One Ashburton Place, Room 1310 Boston, MA. 02108 Deborah Ryan, Executive Director 5/16/00 RE: Salem Ferry, Blaney Street, Salem - Final Decision, 12/15/99 Goldeneye Corporation is the owner of the waterfront property in Salem, Massachusetts which hosts a seasonal ferry vessel service to and from Boston. We place a high priority on having a landing facility which is the best possible for the vessel operations we envision occurring there. To this end we have been actively seeking the appropriate state and federal permits to install a new fully accessible float and ramp system at our property since February, 1999. We have received a copy of the action of the AAB in ruling (12/15/99) that we as owners and Boston Harbor Cruises as the service providers need to comply with accessibility standards to begin operations for the 2000 season. The history of the start-up of ferry service and of last season's operation are well reviewed in the Final Decision document. However what is not fully detailed is the difficulty we have faced in obtaining the needed permits to install such a facility. I have recently taken the opportunity to meet with both the Independent Living Center of the North Shore and Cape Ann, Inc. and the Salem Building Inspector to review together the project permit status and requirements of the AAB decision. Boston Harbor Cruises and ourselves are working to fulfill all of the achievable remedies to cure site and operational deficiencies of accessibility. At this time work is underway which will address all but one element which remains unresolvable. Specifically, the change to the ramp and floats which require a MGL CH91 Waterways License and U.S. Army Corps of Engineers permit. As stated previously we have been in process on these permits for over a year and would have normally expected to have received them in time for installation this season. These permits have been delayed due to appeals and are still outstanding, therefore, we wish to request relief from those specific aspects of compliance until such time as the permits are obtained and new equipment can be installed. In 1998 during the initial ferry service trial we recognized the value of providing a high quality facility open to all potential customers. Over several months with our consulting engineers we designed an appropriate new facility, prepared plans and submitted for permits in February of 1999 (well before any complaints) . We believe that our efforts to establish a fully accessible facility prior to the 1999 season demonstrate our earnest interest in leading the way on marine facility accessibility. Please accept our Application for Variance and know that we share the desire of achieving full accessibility not only because it is the right thing but because we believe it is sound business practice. Attached please find copies of : 1. City of Salem, Building Permit Application and associated drawings detailing a ramp and improvements to the ticket sales trailer. 2. MGL Ch91 Waterways Application for float and gangway system. Additionally work is underway to install a new handrail on the 50' float ramp which complies to AAB standards. The float system as is, with the new railing installed will offer unassisted access to the floats during 75% of mean tidal range fluctuation. This is to say that a ramp slope of 1:20 is only exceeded during 25% of that time. The pending permit design will never allow slope grades in excess of 1:20. Thank you for your consideration of this request. SYbeJ. Ralem GCorp. CC: City of Salem, Building Inspector City of Salem, Mayor Stanley Usovicz Independent Uving Center of North Shore and Cape Ann Boston Harbor Cruises Salem Disability Commission Representative,J. Michael Ruane The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place Room 1310 Boston, Massachusetts 02108-1618 ARGEO PAUL CELLUCCI Governor DEBORAH A.RYAN (617) 727-0660 E:ecwve Director 1-800-828-7222 Voice and TDD Fax:(617) 727-0665 APPLICATION FOR VARIANCE In accordance with M.G.L., Chapter 22, Section 13A, I hereby apply for modification of or substitution for the rules and regulations of the Architectural Access Board as they apply to the facility described below on the grounds that literal compliance with the Board's regulations is impracticable in my case. 1. State the name and address of the owner of the building/facility: LS)lDFnt�Y!_ (r��Qn2a-7o 4 . R�.w, EX Si S i-j ytires ©(97� 2. State the name and address or other identification of the building/facility: -gRc.l=r-r. F�L1�Y L.4-..sQ�.t6 3. Describe the facility: (Number of floors,type of functions, use,etc.) B�KV•b� szeyie.-_ Tt%.4icz.C, G'KJZy144a.4..us--r /�.4+Kti o'IOJiL/D� Si7Er'..L FWM?'S 4. Total square footage of the building: Per floor: a.total square footage of tenant space(f applicable): 5. Check the work performed or to be performed: _New Construction _Addition Reconstruction, remodeling, alteration_Change of Use 6. Briefly describe the extent and nature of the work performed or to be pertorned: (Us additional sheets if necessary). CUA 7r7 dO.•rflV WiY/F /496 02bP bF /�S'/'}Y /E 7. State each section of the Architectural/Access Board's regulations for which a variance is being requested: 7a. Check appropriate regulations:_V/1996 Regulations_1982 Regulations_Other__ SECTION NUMBER LOCATION OR DESCRIPTION 1 R i . 1 )Z4"P It Dd mar;l OF 77,0,44- Sega Pl—• F��1LY ( q�ibe.Fy r 8. Is the building historically significant?_yes _',no. If no, go to number 9. Be. If yes, check one of the following and indicate date of listing: National Historic Landmark Listed individually on the National Register of Historic Places Located in registered historic district Listed in the State Register of Historic Places Eligible for listing 8b. If you checked any of the above and your variance request is based upon the historical significance of the building, you must provide a letter of determination from the Massachusetts Historical Commission, 80 Boylston Street, Boston, MA 02116. 9. For each variance requested, state in detail the reasons why compliance with the Board's regulations is impracticable. State the necessary cost of the work required to achieve compliance with the regulations. PLEASE NOTE THAT YOU SHOULD SUBMIT WRITTEN COST ESTIMATES AS WELL AS PLANS JUSTIFYING THE COST OF COMPLIANCE. Use additional sheets if necessary. �-treL Gt- 41 e.W.*5 U0, ti-46 4&T—ggjEt� lssuc'� "E-LeJ iZ4tid° �A-iD r'lyA'r— sY57- .�-t 10. Has a building permit been applied for? Has a building permit been issued?- 1 Oa. ssued?10a. If a building permit has been issued,what date was it issued? 10b. If work has been completed,state the date the building permit was issued for said work 11. State the estimated cost of construction as stated on the above building permit. 11a. If a building permit has not been issued, state the anticipated construction cost: 12. Have any other building permits been issued within the past 24 months? 12a. If yes, state the dates that permits were issued and the estimated cost of construction for each permit: 13. Has a certificate of occupancy been issued for the facility? If yes, state the date: 14. To the best of your knowledge, has a complaint ever been filed on this building relative to accessibility? yes no. 15. State the actual assessed valuation of the BUILDING ONLY, as recorded in the Assessors Office of the municipality in which the building is located. Is the assessment at 100%? If not,what is the town's current assessment ratio? 16. State the phase of d'sign or construction of the facility as of the date of this application: Qa ' 17. State the name and address of the architectural or engineering firm including the name of the individual architect or engineer responsible for preparing drawl gs of the facility: LL��==J 0_S t v 04- f�Ct/CHS CYJ.EXtLTi•e(jr.Pl t f£ z� TEL: SZtf 0^�+3 $!33 18. State the name and address of the building inspector responsible for overseeing this project: PF„'F�- Si 2•DGG� G�.tt SL.[c�. G2E�1 ��- TEL: 476 '2V jr.fSS 1�3- PLEASE NOTE: The Board may, in its discretion, hold a hearing on your application for variance. The Board may also decide your application without a hearing, based upon the information you submit. You should therefore include all relevant information with your application. At minimum the plans should include a site plan, all floor plans,elevations,sections and details. Photographs of existing conditions are extremely important. Date: G d _ PRINT: 60L D 6J 8he'_ C0Jfi9,?4-n-,W S4-6,E'• 7 Name of owner or authorized agent 4- RLA=Ac:1 bT' Address _ City/row State Zip Code Signat Telephone FILING FEE: ENCLOSE A$50.00 CHECK MADE PA E TO THE COMMONWEALTH OF MASSACHUSETTS No. City of Salem Ward �H.cwarr•.�t. APPLICATION ::FOR PERMIT TO BUILD ADDITION, MAKE'ALTERATIONS OR NEW CONSTRUCTION IMPORTANT•Applicant to complete all Items in sections:1, it, Ill, IV, and 1X. I. AT(LOCATION) et ST DISTRICT LOCATION ' rs1aEEr1 OF BETWEEN AND mtOsa SteEEn .. Ichoss snEEn BUILDINGLOT eLoaE LLOT SUBDIVISION SIZE IL TYPE AND COST OF BUILDING -All applicants complete Paris A- D A. TYPE OF IMPROVEMENT D. PROPOSED USE.FOR"DEMOLITION"USE MOST RECENT USE I ❑ New twYOing Reelde•tWt ._ NonneWentW_ 2 ❑ Addtaon IN residential,anter number Of new 12 ❑ One Dimity 18 ❑ Ansgerfwd.reaaaforW rousing unns added.it any.n pan D. 171 " 19 ❑ Chnc k Other feligbua 13 ❑ Two Or more family•Enw number zo ❑ inmebiv ]Iv` Alteration Ism 2 above) Of units 21 ❑ �p garage � 4 ❑ Aso. aptacemana 14 ❑ Transient rolN,motel.Of dormitory_ 22 ❑ Ser st-UOMraWirgarwe EnM number of units5 ❑ Wredtrp is mulldamdy,msdentiel mw number 23 ❑ tfospltelinsdh4kWl of unns n bulling n Pan D.13) 15 ❑ Garage 24 ❑ OIRM tank profassbrld 8 ❑ Moving(relocation) 18 ❑ CarWn 25.. :Pudb MBCY. 20 ❑ WOOL gbmry.Other aduCefbnat 7 ❑ rwnaaton onty 17 ❑ Otlw•Soecdy 27-.❑,Stpras.:Mwcwdss B.OWNERSHIP - - - - -28 ❑ Tamks.bower° B Private lmdividcorporation d .29 t@Odher-SWNY _Zzey 74 nntituhoM1 CSG) 9 ❑ Public trederal.State.a keel government C.COST (Omit Cents) Nonasidemiel-0esaibe in Mailproposeduse of bubdkgs..e.g.food pwcwwM plarlL machine shoxx laundry building at howiW.OlefrtaMaly xltooL secondary srJopt.college. �. parochial achOOL palling garage for deparbwd stow what office busding.Office building 10. Cost of improvement -4"50a'±50a'± — S 00•Co at indmVW PW'L lfuse d eaistbq WJ&V fs bekgvt g ~Vwoeed use . To be instatied but not Included in the above=1 a. Etectneal b. Plumbing c. Heating,ab caditbnkV d. Other(elevator.Ott) . 11. TOTAL COST OF IMPROVEMENT Sz o ode III. SELECTED CHARACTERISTICS OF BUILDING-For new buildings and additions,complete Parts E L;demolition, com tete oniv Parts J 8 M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATNG FUEL G. TYPE OF SEWAGE DISPOSAL - L TYPE OF MECHANICAL b ❑ Masonry(wall basIM) 75 ❑ Gas 40 ❑ Public a private company WR Mlle be centrad air JlWood hams 28 ❑ OR 41 (] P&ale(aeWfb tank ale.) codabnirtg7 .... _ W C3 y"* 45 ❑ NO 32 ❑ Structural°stat 37 ❑ Elec4leiry H. TYPE OF WATER SUPPLY . 77 ❑ Reinforced eMaele 98 C] CW - WIN UtefO by to elewbR 34 ❑ OUw•SW* 29 ❑ Cover ^ .. 42 ❑ PWW6rprlyale OORDan,• 48.❑ Yes- 47. ❑ NO ��A " 43 ❑ PrlvaM("L d+um) .. . J.DIMENSIONS M. DEMOLITION OF STRUCTURES: aa. Number di stones oi✓F aa. T«al aware Ndi a four erect -Has.Approval from Historical Commission been received au ac«s.based on eaten« durrawrma yi^1Qa - for any structure over fifty(50)years? Yes_ No_ 50. Taal land area.34 A. X64 0 Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES pest,Control: 51. Fncbsea ._... 52outdoor ZAel HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? Yes No L RESIDENTIAL SURDING$ONLY "Water. ,Electric: Gas: Fu Sewer 54. - 5O. Number of bautroorns DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No_ (If yes,please enclose documentation from Hist Com.) Conservation Area? Yes_ No_ (If yes,please enclose Order of Conditions) Has Fre Prevention approved and stamped plans or applications? Yes No_ Is property located in Ithe S.RA district? Yes_ No_ Comply with Zoning? Yes d No_ (if no,enclose Board of Appeal decision) Is lot grandfathered? Yes_. No_ (if yes,submit documentationlf no,submit Board of Appeal decision) It new construction.has the:proper Routing Slip been enclosed? Yes_ No_ Is Architectural Access Board approval required? Yes_ No_ (if yes,submit documentation) Massachusetts State Contractor License # Salem License# Home Improvement Contractor# Homeowners Exempt form(if applicable) Yes No_ CONSTRUCTION TO':9E COMMENCED WITHINSIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT If an extension is necessary,please submit CONSTRUCTION IS TO.BE-COMPLETED BY I S., G`d4 ' in writing to the Inspector of Buildings. V. IDENTIFICATION- To be completed by all applicants Name - Muting addms-Number.sent c%and swe ZIP Code TOL Na owner« 'I Lane. Contedor Bukler's ucerisis No. Aan raaieu« . , Zen til.! O ^ C,e 3 I hereby certity that the proposed work,is;aUthoraed by the owner of record and that I have been authorized by the owner to make[his application as his authorized agent and we gee to conform to all.applicabte laws of this iunsdiction. Signature of a h Address - Apticaon date 6 DO NOT WRITE BELOW THIS LINE VI. VALIDATION . . - -FOR DEPARTMENT USE ONLY Building Permit number use Group Building 19_ Fee Grad" Permit issued Building Live Loading Permit Fee $ oc=wvcy Load Certitcate of Occupancy $ APPro`ed br. Drain Tile $ Plan Review Fee $ . - TITLE NOTES AND-Data•(For department use) I PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by. Completed by. VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN •For Applicant Use ON Q6 LINE OF EXISTING BUILDING !�! 4'-O. Ix5 PRE551RE TREATED WOOD F O 3 I, is �— ALL WOOD IS TO BE r�Y I PREF 1RE TREATED J{, Ix3 PRESRRE TREATED WOOD I! ] J e 1114 HE E 6AL IL 5rEI PIP RAIL Ix6 PRE55URE TREATED WOOD DECKING,TYPICAL t N O U Ixl PRE55URE TREATED , WWD BALL6TER5 6ALINIZE STE I HAN RAI BR ET - aa I TYP AL T E P T = 6x N Ix3 PRE551RE TREATED WOOD !x6 PRE55URE TREATED pE J T 2x6 WD STRINGER o PRE55URE TREATED ° LAG BOLT POSTS ° ° GALVANIZED b 4x6 T TREATED ` ry I'-l° Wp BEAMEAM BOTH OTH SIDES OF POSTS ti N y 4) N � L N U s ° ELEVATED POST BASE U �S 5 SIMPSON STRONG TIE p N SONOTU O FOOTING P051 T TT OOTI EACH O` O WITH RETE O POST TO FOOTING 2 CONCRETE A DEPTH OF 4'-'-O' 0 TYPICAL AT EACHo 0 POST/ FOOTING I'_p' m I S��T ON 4/28/00 P aD m w 0 8 A O � x N m ti_ 11Y v L c 0 Z 0 dvA m Boston Harbor Cruises Ticket Building Salem Ferry V DERN CONTINENTAL O Salem, Massachusetts Ramp Elevation o..�.W®�...�.. LOWER A 3'-0'WIDE SECTION OF W F • i I I I COUNTER TOP TO A HEIGHT OF 3'-0' � 0 L_________ _______ REMOVE Div AND Hill THRESHOLD WITH NO MORE THAN 12'HE16HT REPLACE WITH 3'-0'DOOR DIFFERENCE BETWEEN ADJACENT SURFACES WITH AN OPPOSITE HINGE LOCATION TRANSITION FROM PAVEMENT TO RAMP CAN BE NO MORE THAN 1/2' LLE t - p i 1:12 SLOPE `--- -" v IL s I F i I I. REMOVE EXISTING RAMP FLOOR PLAN 1/4' = 1'-0' -2xb HI 2 xb HI 2xb HI $ m 0 0 2x6 HI 2 �1 ° 0 2.6 HI 2 o O 2xb HI z J 1 1 2xb HI m ' �� ' 2xb HI 1 � r' `" 2x6 HI j I 2x6 HI 2.6 HI 2xb HI I b PRESSURE TREATED DECKING i FRAMING PLAN 4/28/00 1/4' = I'-0' COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Jr; Metropolitan Boston - Northeast Regional Office ARGEO PAUL CELLUCCI RECF1N1FC0 Govemor TRUDY COXE r� 1999 Secretary JAN L DAVID B.STRUHS BOURNE OONSULTISO JAN 2 61999 Commissioner ENCt�tFFptNG Goldeneye Corp c/o Bourne Consulting Engineering 184 West Central Street Franklin,MA 02038 RE: Waterways License Application No.W99-9152 Dear Sir(s): The Waterways Regulation Program(WRP)has received your application requesting authorization to perform certain activities in state waterways pursuant to M.G.L.Chapter 91,Waterways Licensing. The WRP has assigned your filing with the referenced application number. IT IS IMPERATIVE THAT YOU REFER TO THIS APPLICATION NUMBER WHENEVER YOUR SUBMIT OR REQUEST INFORMATION FOR THIS FILE. Immediately following this letter is the WRP's public notice for this application. You are required to publish this notice,at your expense,in the local newspaper(s)having circulation in the area affected by the proposed activity. This notice must be published no later than the designated"Notification Date"for at least one day in the local newspaper(s). There is a prescribed public comment period imposed from the date of publication. You are required to submit proof of publication to the WRP by sending a copy of the newspaper notice showing the date of publication or a letter from the newspaper indicating the date the notice was published. The WRP will concurrently notify the appropriate municipal officials of the proposed activity for their review and comment. The WRP cannot commence licensing review and authorization until at least forty-five(45)days after the municipality has been notified of this application. Also,should this project exceed the MEPA waterways thresholds,thereby requiring completion of the MEPA review process,the WRP will publish the public notice in the Environmental Monitor. Furthermore,pursuant to 310 CMR 9.00,the Licensees are required to provide compensation for private use of structures(or fill)on Commonwealth tidelands which interfere with the rights of the public to use such lands. Said compensation includes,but is not necessarily limited to,the allowance of the public to pass on foot,for any lawful purpose,within the area of the subject property lying seaward of the high water mark. The WRP may contact the Applicant,if it has not already done so within the text of this letter,requesting information and/or possible revisions necessary to comply with this requirement. Lastly,the WRP cannot begin review of this application for license issuance until the following information has been submitted to the file: x Proof of publication of the public notice x Expiration of the statutory 45 day comment period x_ Order of Conditions x Planning Board Notification Form and Zoning Board Certificate x Please submit to MEPA for review This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington,MA 01887•Phone (978)661-7600•Fax (978)661-7615 •TDD#(978)661-7679 i0 Printed on Recycled Paper If for any reason you are unable to publish this notice by,or before the Notification Date,please change the date to the date of publication. Should you have any questions with regard to the foregoing,please contact Jill Provencal at(978)661-7778. Si cerely �a...___. 1 A. p9 O Jill E.Provencal Section Chief Environmental Analyst Division of Wetlands and Waterways Division of Wetlands and Waterways cc: Salem Mayor and City Council Salem Conservation Commission William Whooley,Harbormaster Salem Planning Board John Simpson,WRP,Boston Andrea Cooper,CZM Division of Fish and Wildlife Massachusetts Historical Commission Office of Coastal Zone Management Division of Marine Fisheries Abutters WRP Application File(1) ABUTTERS TAKE NOTICE: If the structure,to be authorized is within 25 feet of the common property lines,it may impact access to your property from the water. Please contact the Department within the public comment period if this is a problem. Public Notice Attachment DEPARTMENT OF ENVIRONMENTAL PROTECTION Waterways Regulation Program Notice of License Application pursuant to M.G.L. Chapter 91 Waterways License Application Number W99-9152 Goldeneye Corporation Notification Date: ' FEB 161999 Public notice is hereby given of the application by Goldeneye Corporation to construct and maintain a pier, ramps, barge, dolphins, floats,parking lot and building and to repair existing seawall at Blaney Street, in the municipality of Salem in and over the waters of Salem Harbor. The proposed use of the structure is for a commercial ferry terminal and is a water-dependent project. The Department will consider all written comments submitted 30 days subsequent to the "Notification Date". A public hearing may be held upon written request by the municipal official. Furthermore, a municipality, ten citizen group or any aggrieved person that has submitted comments may also "petition of intervene"to become a party before the close of the comment period. Failure to submit such petition will result in the waiver of any rights to an adjudicatory hearing. For information call (978)661-7600. Plans and documents for this application are on file with the Department for public viewing at the address below. Written comments should be addressed to J. Sprague, Section Chief, DWW, 205A Lowell Street, Wilmington, MA 01887. ci SALEM SOUN' PROJECTO SITE 1 1 42'Jt' SALEM 61A ` g0 1 O ? Ur6 110L174 stt 4A , 4j FEMA yr <vP e9 ZONE ZONE A4 6 MJFFEJt n "o (100 in EL+15.5 e� J' i UG NIX ms /�� T;, ?� ;t Y SCALE: 1" = 800' . ~'r LOCUS PLAN I t FEiocx�ti' I �� FEMA ZONE V3 \ \ �� um Nos 3m a1 •I, I I,It u, t all `I PRI PROPOSED PARM ° 1� - to �P' ', 1a 3=81� A aril t', ,III OT ARf-k- y, 1 1 I ��yy,.It t NI •/ 1' IN ZONE " "�i '[Ow'• // JL COAST�YANK�_I1` -`'IH 1 _ (tan / t\ \ FEMA 1 FILLRA� UOW ' 116 N0. AN , ZONE B wt OIL room 00. dENew Tlh'pIIDOCIC- - 1 \ Power England l ComPonv / ONE AA 194 L PROPOSED HANDICAP ACCESSIBLE FERRY — LANDING TFRYINAL I�I/i 134' _ 1! �`^,\\1\+rC \\ _s� EkIST1NG DOLPHINS ' LAND UNDER THE OCEAN i ,.A vv�, -\ A� CATWALK � y FEMA ".� �` \ EXI�STiNIS AL' ZONE V3 \•\\` \ \\ CHANNEL SALEM HARKR EL.+17.5 ` I \ t \\ OF t \ t ___________ ALD R n 1, RON PLAN BOURNE �,. A $ SIROCTIIRAL N FEMA 100 YR. = +17.5 1 + •%40, 10861� MHW = +9.0 0 200 400 ��_*g�` �� DATUM MLW = +0.0 SCALE: 1 " = 200' AUGUST 1998 REVISED 11/13/98 SHEET 1 OF 4 PLANS ACCOMPANYING PETITION OF GOLDENEYE CORPORATION TO CONSTRUCT AND MAINTAIN FIXED PIERS, GANGWAYS, FLOATS, DOLPHIN, BARGE, TERMINAL BUILDING AND PARKING IN SALEM HARBOR, SALEM, MA ESSEX COUNTY 10'x10' PLATFORMS EXISTING FLOATS TO BE REMOVED 8'x4 LOW FREEBOARD FLOAT 8'x20' LOW FREEBOARD FLOAT �; c 7-PILED LPHIN CLUST R Link Fence 4 SEE DEyAIL tin Chain x°�~ GANGWAY 10'x20' FL ATS 10'1(30' FLOAT 1 ' 'x ' FERRY /DING 60' .. ..-.. ' ..... ... .... ......... .. ... 1 .... .... ........ � 'x60' ii EU E E (STING OfIN 10 ~ E FIXED PIER g 1: A + 330' 150'x15' FIXED PIER 35' GANGWAY 65'x5' GANGWAYS 10'x30' FLOAT 1 EXISTING RIPRAP / 100'x40' BARGE 1 � SHORELINE PIER CONFIGURATION CLOSELY MATCHES TOP OF SLOPE HISTORIC FOOTPRI14T (SEE ATTACHMENT 8) IN THIS AREA WITH THE ADDITION OF -2 THE ACCESSIBLE FLOAT NECESSARY TO ME5T CURRENT ADA REGULATIONS. PLANA 2 > 0 60 120 SCALE: 1 " = 60' N/F NEW ENGLAND 40'x60' FERRY POWER COMPANY TANK TERMINAL' BUILDING PARKING LOT AREA BUS DROP-OFF (203 SPACES) AREA POLE LIGHTING (TYP) Existing Choin link Fence GRANITE CURB _ 47 30 _ s _ 11 B X19 \� 4 s s — 10 _ �1Fi19t si BLAN Y _ _ - - _ _ _ - - h, -- �� ,. WALKWAY EXISTING RIPRAP.' 12 — �. 8' WIDE SHORELINE SEAWALL (,DO (1D6(1s I REPAIR f(REA I� I EXIISTING GRANITE BLQ CK WALL 1 a) s — _ I I EXISTING TIMBER 3 BULKHEAD EXISTINd SfEEL,�, SHEETPIL WAL'L� WHITE -<-'\-T, oGATE Hawthorne -- — FENCE Cove Marina �( A PLAN M. 0 80 160 SCALE: 1 " = 80' PROPOSED FIXED PIER PROPOSED GANGWAY PROPOSED RAMP �& PLATFORM SYSTEM HTL+10. MHW +9.0 MLW 0.0 100'x40' BARGE EL. -10.0 EXISTING RIPRAP EXISTING GRADE - PIER-ELEVATION s E o —EL. +18.0 TIMBER PIER a�48 HANDRAIL 15' 3' 6.. WIRE WRAP PILES CAP PILES W/ FIBERGLASS �y 6 TIMES & STAPLE _EL. +16.0 TIMBER PILES (TYP) EACH PILE EACH WRAP , - - 1"0 GALVINIZED WIRE ROPE MHW +9.0 2 CABLE 12"0 TIMBER EXISTING GRADE CLAMPS PILES - TYP 12 EACH ENDD NOTE MLW 0.0 I PILES: 1-VERTICAL 6-BATTERED n TYPICAL APPROACH PIER 7-PILE CLUSTER CONNECTION a a SCALE: 1" = 20'-0" SCALE: 1" = 4'-0" 0 4 8 60_ FENDER PILE 18"0 MOORING PILE (TYP) 10' WIDE FLOATS 6,_0„_TYP SCALE: 1” 4'-0" MH +9.0 MHW+9.0 MLW 0.0 MLw 0.0 0 20 40 INTERMEDIATE SURPORT x� SCALE: 1" _ 20'-0" EXISTING GRADE U) 0 40 • 80 n TYPICAL MAIN PIER n BARGE ELEVATION a SCALE: 1" = 40'-0" a SCALE: 1" = 40'-0" to to SCALE: 1" = 40'-0" OD C Bourne Consulting Engineering C� 184 West Central Street Ronald R.Bourne, P.E. - President Franklin, MA 02038 February 8,2000 Massachusetts DEP-NERO 205A Lowell Street Wilmington,MA 01887 ATTN: Jill Provencal Re: Goldeneye Corporation Commercial Boat Terminal W99-9152 (BCE 98204) Subj.: Chapter 91 -Revisions Per Appeal Dear Jill: Goldeneye Corporation has received an amended Order of Conditions from the Salem Conservation Commission in order to resolve issues the City of Salem brought forth concerning the proposed commercial boat terminal, of which you should have already received a copy. The enclosed drawings reflect modifications to resolve the conflicts which occurred in the Chapter 91 License application. Goldeneye Corporation now submits these drawings to DEP as part of the Appeal process to the existing application W99-9152 in order to obtain the Chapter 91 license. Should you have any questions or need further information please do not hesitate to contact us. Very ours, BODU E CONSULTING ENGINEERING ni RJ.Go4et, Project�anagement Enclosure-Ch. 91 Drawings(4) Tel. (508)528-8133•Fax (508)520-6671 •e-mail: bce@bournece.com N W D a _0 /'-100' BUFFER ZONE / VEGETATED SWALE DISCHARGE D C r 2 0 XISTING PAVEMENT BOUNDARY / r �0 0 r S TO BE REMOVED 10'x20' FLOAT m O D O z MHW LOW WATER ON 10-6-98 Z N Z 50'x5' GANGWAY D O O z (DT REUSE EXISTING FOOTING m 0-020 r- �'� 8'x40' LOW FREEBOARD PONTOON FLOAT mVZ�0 x Dv- m 0 - nx W0;0 _ _ \\ .. .. ........ C C A-0 d O ` - / TO BE REMOVED . .�, .. .. z m 1^O _0 PROPOSED c ` EXISTING -"� Z• A Z PAVEMENT 6 i 10'x40'x5' FLOATS { >m O O n \ 8'x134' GANGW Y I,r Z _ E N O 0 -� ' FIXED PIER ---�\ PILES c D D ° CONCRETE ABUTMENT A C _ .� �� \ 10'x40':5' FLOATS m 0 --� ^- -� EXISTING PAVEMENT TO BE REMOVED '---- A _ -� EXISTING PAVEMENT TO REMAIN 4 _ PLACED ARMOR STONE / ON OUTER CORNER ® PROPOSED PAVEMENT (WORK TO BE COMPLETED 1 BY MAY, 2000) STONE DUST LIMITS OF PARKING SALEM - - - - � r- y . SHEET2 E SEELn s`> �gs- nes n SITE PLAN - PHASE II nx fti�o 0 �K v^3 S SCALE: 1' e 60'-0' o p 04 0 bP. N p F o D o m "o Y117SP� z `�y =1 oo A00 �^^ -�,¢, m A I FEW N/F NEW ENGLAND POWER CO. 8'.48' TRAILER ZONE M EL.+11.0 4 5 � 100' BUFFER ZONE BOUNDARY 2' WIDE SWALE icy / - _ .. ..................................1......... .. . - ✓/ - POSED PAVE Mir.b........... MENTI `�' ...... I ......................y .....::-,�`.� ----- __ BIW / LIMITS OF PARKING - - ----- OPOSED �zn UTILITY t• TRENCH Ems` L r _' ; B NEY STREET - •-I/ ] ti ARMOR STONE j -----------4-- I I 8' WIDE SIDEWALK ' i I 2' WADE 'SWALE SF i 6...- /WHITE STREET \ VEGETATED SWALE DISCHARGE FEMA MATCH LINE SEE 20NE V] SHEET 1 TIMBER BOARDWALK WITH HANDRAILS OVER DRAINAGE SWALE m� hl SITE PLAN — PHASE II �t N/F HAWTHORNE COVE MARINA INC. :y 1 NK m0 4 SCALE: r . 60'-0- 0 ' AO O 16'x10' FIXED PIER PILE 16 PROPOSED B'x134' GANGWAY 10'x40'x5' FLOATS HTL+5.83 MHW+4.83 MLW -4.15 EXISTING RIPRAP EL. -14.15 CONCRETE ABUTMENT n PIER / FLOAT ELEVATION EXISTING GRADE 3 SCALE: NTS FENCE 16' MADE STONE DUST WALKWAY @ VEGETATED SWALE EXISTING GRADE EXISTING UNDER LAYER STONE MIN EL. +lO.Ot FINISH GRADE GRAVEL BASE V MHW +4.83 n SECTION NGw +0.0 3 HORIZ. SCALE: 1" = 20'-0' _� MLW -4.15 VERT. SCALE: 1" = 10'-0' — FINISH GRADE EXISTING STONE WALL GRAVEL BASE WALKWAY C SEE DETAIL 4 u YIK. 1 EL. +10.0t EXISTING GRADE / EXISTING GRADE Ne•_ �?%�� B VEGETATED SWAL L MHW +4.83 mz "� �, ', a SEE DETAIL 6w - > r'9 $g 'm I- n SECTION 7 b'{ HORIZ. SCALE: 1" = 20,-0, AO VERT. SCALE: 1" - 10'-0' V MLW -4.15 0 -- EXISTING GRADE EL. +10.03 4 VEGETATED SLOPE PLACED ARMOR FINISH GRADE STONE- (1000/ MIN) 52' MHW +a.83 77� / REMOVE CONCRETE SLABS/STONES) ?) �1 Ir X-C NCVD +0.0 PRIOR TO FILTER FABRIC INSTALLATION 1 FILL IRREGULAR SLOPE WITH J EXISTING GRADE J STONE FILL PRIOR TO PLACEMENT OF FILTER FABRIC MLW -4.15 / 12" OF UNDERLAYER - ! B� VEGETATED SWALE - SECTION STONE FILTER FABRIC 4 SCALE: 3/8' = 1'-0' n TYPICAL SECTION a C HORIZ. SCALE: 1- = 20'-0' {I..�6-8" I VERT. SCALE: /' - 10'-0' SPACED BORDER STONE I I RECONSTRUCT TOP OF SLOPE (2- DIA. MAX) EL. +10.03 STONE DUST ON EXISTING SHORELINE PROTECTION EXISTING GRADE ae WALKWAY c 0 TOP OF SWALE EL. +10.53 SCALE: 3/16' = 1'-0' EL..+9.753 BOTTOM OF SWALE 2z�I ,OPF EXISTING SHORELINE PROTECTION L CON/to, ^1 t BARRIER s 12' PERMIABLE GRAVEL (TO ACT AS WEIR) P S s MATERIALC� Z VEGETATED SWALE - ELEVATION �= s ':< s c SCALE: 3/8" = 1'-0' 0 The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT LT.GOVERNOR. Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR FINAL DECISION RE: Salem Ferry,Blaney Street, Salem 1. The hearing was held upon a complaint filed with the Architectural Access Board by Robin Kellett that the following section(s) are in violation of 521 CMR: Section 18.3—Entrance to the terminal is not accessible Section 18.12.1 —Unassisted access is not provided Section 18.13.1 —Handrails on ramp do not comply Section 7.1 —Public areas located with the terminal are not accessible Section 30.1.2—Portable toilets are not accessible Section 7.2.2c—Height of service counter exceeds 36 inches Section 27.4—Handrails are not provided on the stairs to the terminal Section 25.1 —Entrance to the terminal is not accessible (Same as 18.3) Section 25.2—Path of travel to terminal is not a paved walk or ramp Section 25.6—No signage is provided indicating where accessible entrance is located. Section 27.1 —Stairs to the terminal do not comply 2. The hearing was held on: Monday, November 15, 1999 3. The following persons appeared: Frederick L. Nolan, III, Boston Harbor Cruises, as of June 10, 1999, the operator of the Salem Ferry to Boston and Arthur Daignault, Access Specialist, Independent Living Center North Shore and Cape Ann The Chair swore in all persons offering testimony. Board Member Lorraine Greiff sat for purposes of a quorum, but did not participate in or vote in the matter before the Board. Ms. Greiff also did not participate in the hearing on June 21, 1999. 1 CJ 4. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: By way of background: The case originated as a variance request filed by Craig Wheeler on June 12, 1998. The applicant.requested variances from the following sections of the 1996 Rules and Regulations of the Board: Section 18.13.3 — landings on ramps and slopes and Section 24.5 — Handrails. The City of Salem requested a four-month temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston. To this end, they needed to construct a temporary boat docking facility in Salem at Blaney Street. The information stated that after the four- month demonstration project, the docking facility would be dismantled. On Monday, June 29, 1998, after reviewing the material submitted the Board voted as follows: GRANT the variance to Section 18.3.3 for a period of 4 months only. The variance expired on November 1, 1998. The Board also denied the variance to Section 24.5 and ordered that appropriate handrails be installed on the marine ramp for the reason that compliance has not been proven to be impracticable in this case. On May 7, 1999, another variance application was filed by Mayor Usovicz requesting temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston at Shetland Park, in Salem, because the previous year's service proved to be so successful. The city then decided not to fund or run the ferry service, and has stated they are not responsible for compliance issues. However, there is a new ferry service operated by Boston Harbor Cruises. It has been found that Goldeneye Inc. is the company that owns the Blaney Street pier. The Board notified Boston Harbor Cruises, Owner/manager of the reported violations and they failed to respond. Therefore,the Board scheduled this complaint hearing. On November 15, 1999, the Acting Chairman, Larry Braman called upon the complainant to present the case for the complaint. Mr. Braman also asked Mr. Nolan if he has a list of the complaints to be addressed. Mr. Nolan did not have a copy of the original letter sent to the Owner/Manager, Salem Ferry, Blaney Street, Salem, on July 20, 1999, outlining the reported violations. Arthur Daignault, Independent Living Center of the North Shore (ILCNS) stated that he is familiar with the case, and Robin Kellett filed the complaint when she was Associate Director of ILCNS. Mr. Daignault appeared at the hearing on June 21, 1999. Mr. Daignault stated the complaint was filed because there was no way for persons with disabilities to enter the trailer to buy tickets or to access the waiting area. In addition, the issue of an accessible path of travel provided to get to the boat and onto the boat. Mr. Daignault stated that the violations reported by Ms. Kellett were never addressed by Boston Harbor Cruise. Mr. Frederick Nolan apologized to the Board, and stated he did not know the individual who came to the site and initiated the complaint. He stated there were problems relative' to access when the operation between Salem and Boston began. He stated his company 2 negotiated with the City of Salem and other parties interested in the ferry through most of the spring. Mr. Nolan stated that the Salem Ferry was operated last year under a pilot program by EOTC to determine if there was a market for a Salem to Boston commuter boat or ferry service. The Pilot program was subsidized, in the amount of$750,000 and in addition, to that had applied to it the placement of floats owed by the MassPort, and gangway that was residual inventory that was left over from the Revere Sugar site. Mr. Nolan stated the ferry operation began under separate contract, under another operator in 1998. Mr. Nolan stated the gangway came from MassPort along with the floating docks. Mr. Nolan stated that Boston Harbor Cruises was invited to look at the Salem Ferry for a long term operation without subsidy by landowners of Blaney Street, the site the Salem Ferry operates from. He stated that Boston Harbor Cruises are tenants at the site and are paying rent for the facilities. Mr. Nolan acknowledged that Boston Harbor Cruises owns the trailer referred to in the complaint. He stated it was moved to the Blaney Street location, for temporary ticketing until such time the landowners could get Chapter 91 and other applicable approvals, so they could build a full scale facility that will be fully accessible. Mr. Nolan stated that recognizing that the trailer was inaccessible, tickets were available both in the trailer and on board the vessel. Mr. Nolan stated the gangway and floating docks are no different than those installed by the Commonwealth of Massachusetts, the prior year: He stated they do not meet the 1:12 slope requirement. Mr. Nolan stated the fact is regarding the boat transitional pieces, Boston Harbor Cruises is working diligently with Stephen Spinetto, of the City of Boston Disability Commission, and is part of a sub-committee in Washington to determine what the proper application is for the commercial vessel industry. Mr. Nolan stated as of now there is no regulations dealing with accessibility to vessels. Mr. Nolan stated that Boston Harbor Cruises built three or four vessels new vessels over the past two years and installed accessible toilet rooms, but they are not required by law to do that. He stated the Coast Guard has no existing regulations relative to that. Mr. Nolan stated that Boston Harbor Cruises has ownership over the trailer, and once advised, immediately installed a ramp to the door, albeit it is not in full compliance with 521 CMR. Mr. Nolan stated Boston Harbor Cruises did not go further, because the only paved area in the lot that they are operating from is the ten paved handicapped parking spaces relegated to the site. He stated the balance of the site has not been permitted for paving, because of an ongoing environmental review process before paving. Mr. Braman called upon Board Members with questions. Board Member Lorraine Greiff asked Mr. Daignault if there is an accessible path of travel to the boat. Mr. Daignault did not have the exact measurements of the slope of the ramp, but noted it is steep. Mr. Nolan stated that it is a 50 foot gangway with a tide range on average of nine and on-half feet. Mr. Nolan acknowledged that the ramp is steep. Mr. Nolan stated that Boston Harbor Cruises operates 23 vessels in Boston Harbor, 14 under which are operated under contract to MBTA, MDC and the facilities in Salem are no better than, and in some cases, better than the other facilities that Boston Harbor operates that are state-owned and controlled. Mr. Nolan stated this is primarily because there is no clear definition as to what to do with regard to accessibility on floating docks and gangways. Mr. Nolan stated a recent solution came up in federal court in which the federal government installed a system which in an on-call elevator that runs with the tide. 3 Ms. Greiff asked how that relates, to this complaint. Mr. Nolan stated only to say the facilities in Salem are no less steep or no less impacting than the average facilities provided by the Commonwealth for commuter transportation. Mr. Kelly asked if Boston Harbor Cruises is under contract to Salem. Mr. Nolan replied, no, Boston Harbor Cruises has a five-year contract with the Pleasant Street landowners, Goldeneye. Mr. Kelly asked if his company plans to make any modifications during the run of the contract. Mr. Nolan stated the trailer, (the only thing his company has control over) will be replaced next season with a facility that is 100% accessible. He stated that Goldeneye currently has a fully accessible plan in front of the Department of Environmental Protection (DEP) to which they are trying to get a Chapter 91 license for. Mr. Carell asked Mr. Nolan if he is aware that the time variance granted to the City of Salem acknowledged deficiencies (violations of 521 CMR) and was only for four months. Mr. Carell stated, as he understands Mr. Nolan's testimony, the facility that is in place now, is virtually identical to that previously in place. Mr. Nolan replied that is correct. Mr. Nolan stated neither he nor his company was aware of the previous time variance granted by the Board. The violations were addressed as follows: Section 18.3 —Entrance to the Salem Ferry service terminal (trailer) is not accessible Mr. Nolan stated the entrance to the terminal is currently accessible, but was not at the start of the Salem Ferry operation. He stated he is not aware of the date of the complaint. Mr. Carell asked if the ramp is in full compliance with 521 CMR. Mr. Nolan acknowledged that the ramp is not in full compliance. Mr. Carell advised him that if the ramp is not in compliance, there is no accessible entrance. 1 Section 18.12.1 —Unassisted access is not provided between the land and the floating docks. Mr. Carell asked if the above violation is accurate. Mr. Nolan was not clear as to the requirements. Deborah A.Ryan,the Board's Executive Director stated the issue is access between the land and the floating dock, i.e.,the slope has to be at least 1:12. Mr. Nolan agreed that the reported violation is valid. 0 Section 18.13.1 —Handrails on the marine ramp do not comply with 521 CMR Mr. Carell asked if the handrails on the ramp comply with 521 CMR. Mr. Nolan was unable to answer the question. 0 Section 7.1 — Public service areas located within the terminal (trailer) are not accessible to persons with disabilities. Mr. Carell asked if the above violation is true. Mr.Nolan stated that is true. 0 Section 30.1.2—Portable toilets are not accessible Mr. Carell asked if the portable toilets are accessible. Mr. Nolan stated there are no public toilet rooms within the trailer, but there is a portable toilet at the back of the trailer for the staff. Mr. Carell asked Mr. Nolan if it is his testimony that there are no public 4 toilet rooms. Mr. Nolan stated that is his understanding. Ms. Greiff asked if the public ever uses the portable toilets. Mr. Nolan stated he was not at the site this summer, so he cannot be sure if the public ever used the portable toilets. 0 Section 7.2.2c—Height of service counter exceeds 36 inches Mr. Nolan acknowledged that the service counter exceeds 36 inches. 0 Section 27.4 — Handrails are not provided on the stairs at the terminal building entrance. Mr. Nolan stated that at the time the complaint was filed, concrete blocks were stacked up before the ramp was constructed. He stated there is a railing now in place on the ramp. 0 Section 25.1 —Entrance to the terminal is not accessible Mr. Nolan stated that is true. (Same as 18.3) travel to approach the terminal is not a paved walk or ramp Mr. Nolan stated that when Boston Harbor Cruises went into the site, the Commonwealth provided relative to improving the lot was to create 10 handicapped parking spaces which have a paved walkway connected to them which then connects to the gangway below. Mr. Nolan stated he not aware of what the problem is. Mr. Nolan stated before the ramp went in,there was no connection. Mr. Daignault stated the whole handicapped parking area is paved now, and then it continues over to the gangway. Sectiofi 25.6 — No signage is provided to indicate the location of the accessible entrance Mr. Nolan stated that technically there was no signage at the time the complaint was filed. He stated the paved area is to the right of the ramp. Section 27.1 —Stairs to the terminal do not comply 0 Mr.Nolan stated the stairs are no longer there,they were replaced by a ramp. Mr. Carell stated it appears based on the testimony, that the entrance to the terminal is not accessible; the height of the service counter is incorrect; the public areas located within the trailer are not accessible; the handrails may or may not comply and unassisted access is not provided. Also, there is a question of whether or not the portable toilet is open to the public. Mr. Nolan agreed that is a fair assessment of the matter. Mr. Carell asked why knowing this, Boston Harbor Cruises began service. Mr. Nolan stated he is not certain with regard to the trailer. He stated that Boston Harbor Cruises took a trailer they had in stock and put it in place very quickly, expecting that the landowner eventually would get permission to do the facility. Mr. Nolan stated that Boston Harbor Cruises knew they were deficit even to the mobile public, because they had temporary block stairs in place and they had a number of complaints from elderly persons getting in and out of the trailer. Mr. Nolan stated it took two weeks after the trailer was in position to get the ramp in place, and make whatever improvements were made. The trailer was put in place because the landowners did not have the approvals to construct a new building. 5 Mr. Nolan stated the trailer is a short-term solution, but evidently they were short-sighed in not making the trailer handicapped accessible. Mr. Nolan stated they felt comfortable with the floating docks and access to them. Ms. Greiff inquired as to the operating months for the Salem Ferry. Mr. Nolan stated it is scheduled to run from May 1 through October 31. Mr. Nolan stated that this year the ferry operation began on June 10. Mr. Kelly asked whose Boston Harbor Cruises contract is with. Mr. Nolan stated that Boston Harbor Cruises is a tenant of a company called Goldeneye Corporation, the private landowners at Blaney Street. Mr. Kelly asked who supplies the ferry service. W. Nolan responded Boston Harbor Cruises supplies the service. Mr. Kelly stated he is trying to establish what Boston Harbor Cruises is responsible for correcting and what Goldeneye Corporation is responsible for. Mr. Nolan stated the plan was for Boston Harbor Cruises to be the tenants, and the landowners would provide the floating docks and terminal that his company would operate. Mr. Nolan stated that everything was delayed during the landowner's negotiation with the city. Mr. Kelly asked Mr. Nolan if the operation commenced with his company's equipment or the landowners. Mr. Nolan replied that it was the landowner's floating docks and gangways they borrowed from MPA, and with his trailer. Mr. Kelly asked why the landlord did not provide the trailer. Mr. Nolan stated they did not have the financial wherewithal at the time. Mr. Kelly stated so Boston Harbor Cruises assumed a burden that belongs to the landowners. Mr. Nolan replied, technically yes. Mr. Kelly stated so strictly speaking, if everything was in place as it should be, Boston Harbor Cruises is only responsible for the boat. Mr. Nolan stated that is correct. The Board advised Mr. Nolan that the Board's current regulations, in effect since 1996, Section 18 and Section 19 of 521 CMR, specifically address the requirements at marine facilities. The Board stated that regardless of whether the federal government has regulations,the Commonwealth has had regulations in effect that is applicable to this site. Mr. Nolan stated his company has been waiting for federal regulations to tell them what the guidelines are going to be. The Board reiterated that there are state regulations already in effect that are applicable to this site, and must be complied with. Mr. Kelly stated his opinion is that Goldeneye should also be involved in the matter. Mr. Daignault submitted a copy of an article that appeared in the local newspaper relative to a plan for a commuter run to Boston next summer (2000). Mr. Daignault stated his concern is that the operation will continue to run, as was done this year, without being fully accessible to persons with disabilities. Ms. Greiff asked Mr. Daignault if he is aware if commuters could buy tickets on board the vessel this past season. Mr. Daignault stated he is not aware if tickets were available other than in the trailer. Mr. Braman asked who currently owns the equipment, which connects the land to the boat. Mr.Nolan stated to clarify matters, Goldeneye Corporation owns the floating docks and the gangway is leased from MassPort. Mr. Braman stated the one issue in doubt is the use of whether the portable toilets are open to the public. Mr. Daignault stated the toilet is not accessible, but could not offer definitive testimony as to its use. Ms. Ryan 6 stated the Board has a letter dated July 22, 1999, from John D. Keenan, Assistant City Solicitor, Salem that last year they had a license to use the property for the four-month experiment. The letter also stated that the docking facilities were borrowed from MassPort and all of that was removed. Further, it stated the docking facility now in place at Blaney Street was installed by Goldeneye and its ferry service provided (different than last year). Ms. Ryan asked Mr. Nolan if his company leases the equipment from MassPort. Mr. Nolan stated that is technically wrong, Goldeneye borrowed/leased the gangway from MassPort, last year and again this year, and attached that gangway to their own floating docks. Ms. Ryan stated that then Goldeneye is the company the Board should be contacting, for the proper gangway and floating docks. Mr. Nolan replied that is correct. Mr. Kelly asked if there is any business connection between Boston Harbor Cruises and Goldeneye, other than tenant and landlord. Mr. Nolan replied no. Ms. Greiff asked Mr. Nolan why did not contact Goldeneye relative to the hearing. Mr.Nolan stated he spoke to someone from Goldeneye this morning to see if they were going to be at the hearing, but they did not receive notification of the hearing. Ms. Ryan stated if the Board was aware that another party was involved, notification would have been sent to them. Ms. Ryan stated to clarify matters, the first letter that went out July 20, 1999, to the Salem Ferry, and no response was received. The second letter went out September 9, 1999, to the building owner'and there was no response, and that is why the hearing was scheduled. Mr. Braman called for a motion. BOARD DECISION The Board finds based on the testimony, Boston Harbor Cruises is a tenant on the property and provided the trailer that was onsite this past season. The Board finds that the trailer should have been fully accessible at the time it was brought to the site. Section 3.10 of 521 CMR requires that even temporary structures comply with 521 CMR. The Board finds the following sections are applicable to the Boston Harbor Cruise operation, as they are the only articles Boston Harbor Cruises has authority over: Section 18.3, Section 18.12.1, Section 18.13.1, Section 7.1, Section 7.2.2c, Section 25.1 (Section 18.3), Section 25.2 and Section 25.6. .Further, based on Mr. Nolan's testimony, i.e., his agreement that the above sections are in violation of 521 CMR, the Board voted to find in favor of the complainant that the above sections are valid violations of 521 CMR. The Board excluded Section 30.1.2, as long as the toilets provided on-site are designated as staff only toilet rooms. In addition, Sections 27.1 and 27.4 were excluded,because the stairs were replaced by a ramp, albeit a non-complying one. The Board ordered that the trailer (Salem Ferry office) be brought into full compliance with 521 CMR, prior to reopening the operation, or an application for variance be submitted (see enclosed) within 30 days of receipt of this decision. 7 Further, the Board ordered that the Salem Ferry not be allowed to operate, at this site, or any other site until all accessibility issues are addressed. The Board reiterates that it has had regulations in effect since 1996 relative to marine facilities, see Sections 18 and 19 of 521 CMR. The Board also finds, based on the testimony, Goldeneye is the landowner; owns the floating docks and leased/borrowed the gangway from MassPort.. Therefore, the Board voted to have Goldeneye be made a party to the case, and be notified of outstanding violations. The Board voted to waive the site inspection requirement. This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty(30)days of receipt of this decision. DATE: December 15, 1999 ARCHITECTURAL ACCESS BOARD ro Ir Larry an Acting hairman cc: Local Building.Inspector Local Disability Commission Independent Living Center Complainant 8 INDEPENDENT LIVING CENTER Of the North Shore and Cape Ann, Inc. 27 CONGRESS STREET,SUITE 107 • SALEM,MA 01970 (978) 741.0077 v/TTY • TOLL FREE: (888) 751-0077 v/TrY FAx: (978) 741.1133 • CAPE ANN BRANCH: (978) 283-4000 EXT.366 v/TTY EMAIL: ILCNSCA@AOL.COM • WEB ADDRESS:WWW.ILCNSCA.ORG April 26, 2000 SERVING: Mr. Bo Salem Beverly President Danvers Goldeneye Corp. 4 Blaney Street Essex Salem, MA 01970 Gloucester Dear Mr. Salem: Hamilton Ipswich In a letter, dated March 30, 2000, the Independent Living Center of the North Shore & Cape Ann (ILCNSCA) had requested a copy of the written plan for full accessibility of Lynn the Salem Ferry prior to the start of your operation. Lynnfield This is the second letter that I have written to you regarding this issue. The ILCNSCA Manchester continues to wait for your accessibility plan for the Salem Ferry. May has been your By-The-Sea target date for the Salem Ferry to start operating. Again, the ILCNSCA reminds you of Marblehead the decision (11/15/99) of the Architectural Access Board (AAB) that if the Salem Ferry Nahant isn't fully accessible, there will be no operation. Peabody The ILCNSCA continues to wish to work with you, the City of Salem, the Salem Commission on Disabilities and other citizens of Salem to insure that there is full Rockport accessibility to this important transportation resource. However, if Goldeneye Corp. is Rowley unable to become fully accessible per the AAB decision of November 15, 1999 the Salem ILCNSCA is prepared to file another complaint with the AAB. Saugus If you have any further questions, you can contact me Tuesday, Wednesday and Swampscott Thursday from 9:00 a.m. to 4:00 p.m. and Friday from 9:00 a.m. to 3:00 p.m. Topsfield Sincerely, Wenham aZX.,C, r Arthur Daignault, Access Specialist CC: Stanley Usovicz, Mayor, City of Salem Peter Strout, Building Commission, City of Salem Deborah A. Ryan, Executive Director, Architectural Access Board Jack Harris, Co-chair, Salem Disability Commission Scott Maguire, Co-chair, Salem Disability Commission Mary Margaret Moore, Executive Director, ILCNSCA Shawn McDuff, Access & Resource Coordinator, ILCNSCA File `SOUR GREATEST NEED AS HUMAN BEINGS IS THE FREEDOM TO PURSUE OUR DREAMS' INDEPENDENT LIVING CENTER of the North Shore and Cape Ann, Inc. 27 CONGRESS STREET,SUITE 107 • SALEM,MA 01970 (978) 741-0077 v/m • TOLL FREE: (888) 751.0077 v/m FAx: (978) 741.1133 • CARE ANN BRANCH: (978) 283.4000 EXT.366 v/TTr EMAIL: ILCNSCA@AOL.COM • WEB ADDRESS:www.ILCNSCA.ORG SERVING: March 30, 2000 Beverly Mr. Bo Salem Danvers President, Goldeneye Corp. Essex 4 Blaney Street Gloucester Salem, MA 01970 Hamilton Dear Mr. Salem: Ipswich Thank you for returning my phone call on March 30, 2000. To Lynn summarize our conversation: Lynnfield • Goldeneye Corp. has not received the new Chapter 91 and Manchester the Army Corp of Engineers permits. By-The-Sea . Goldeneye Corp. has no written plan for accessibility Marblehead because of the top priority of obtaining the above permits Nahant before addressing accessibility. • Goldeneye Corp. will be installing a ramp from the floats to Peabody the boat deck and adding a second railing on the gangway. Rockport Rowley Even though you have verbalized some of your plans for accessibility, Salem the Independent Living Center of the North Shore & Cape Ann (ILCNSCA) still requests a written plan for full accessibility of the Saugus Salem Ferry prior to the start of your operation. Swampscott Topsfield The ILCNSCA wishes to work with you and the City of Salem, the Salem Commission on Disabilities and other citizens of Salem to Wenham insure that there is full accessibility to this important transportation resource. However, if Goldeneye Corp. is unable to become fully accessible per the AAB decision of November 15, 1999 the ILCNSCA is prepared to file another complaint with the AAB. "OUR GREATEST NEED AS HUMAN BEINGS IS THE FREEDOM TO PURSUE OUR DREAMS" If you have any further questions, you can contact me Tuesday, Wednesday and Thursday from 9:00 a.m. to 4:00 p.m. and Friday from 9:00 a.m. to 3:00 p.m. Sincerely, a,,zA -c. bD Arthur Daignault, Access Specialist CC: Stanley Usovicz, Mayor, City of Salem Peter Strout, Building Commission, City of Salem Deborah A. Ryan, Executive Director, Architectural Access Board Jack Harris, Co-chair, Salem Disability Commission Scott Maguire, Co-chair, Salem Disability Commission Mary Margaret Moore, Executive Director, ILCNSCA Shawn McDuff, Access & Resource Coordinator, ILCNSCA File INDEPENDENT LIVING CENTER of the North Shore and Cape Ann, Inc. 27 CONGRESS STREET, SUITE 107 • SALEM, MA 01970 (978) 741.0077 v/TTY •TOLL FREE:,(888)751.0077y/TTY FAx: (978) 741-1133 • CAPE ANN BRANCH: (978) 283-4000 EXT.366 v/TTY EMAIL:ILCNSCAQAOL.COM WEB ADDRESS:WWW.ILCNSCA.ORG - March' 29, 2000 SERVING Beverly Mr. Peter Strout Danvers Building Commissioner City of Salem Essex One Salem Green Gloucester Salem, MA 01970 Hamilton Dear Mr. Strout: Ipswich Lynn Thank you for speaking with me yesterday regarding status of receipt Lynnfield of accessibility plan from Goldeneye ferry. It seems that neither City of Salem nor the ILCNSCA has received from Goldeneye any written plan Manchester for compliance with the November 15 1999 ruling of the Architectural By-The-Sea p i g Marblehead Access Board. That ruling states "the Salem Ferry not be allowed to operate, at this site, or any other site until all accessibility Nahant issues are addressed. The Board reiterates that it has had Peabody regulations in effect since 1996 relative to marine facilities, Rockport see Sections 18 and 19 of 521 CMR." Rowley According to an article, dated March 27, 2000 in The Salem Evening Salem News, "Weekend ferry service begins May 6, and switches to daily Saugus service on Memorial Day." Yet no plans for accessibility have been submitted to you or the Independent Living Center of the North Shore Swampscott & Cape Ann, Inc. The ILCNSCA had requested an accessibility plan in a Topsfield letter to Mayor Usovicz dated January 5, 2000. To date we have not V(lenham received any communication from the Mayor or the City of Salem on this issue. What does the City of Salem intend to do regarding the opening of the ferry if no compliance accessibility occurs? If Goldeneye Corp. is unable to become fully accessible per the AAB ruling, the ILCNSCA is prepared to file another complaint with the AAB. The ILCNSCA wishes to work with the City of Salem, the Salem Commission on Disabilities and other citizens of Salem to insure that "OUR GREATEST NEED AS HUMAN BEINGS IS THE FREEDOM TO PURSUE OUR DREAMS" there is full accessibility to this important transportation resource. Please let us know the City of Salem plans. Also let us know if you receive any information from Goldeneye to remedy this issue. You can contact me Tuesday, Wednesday and Thursday from 9:00 a.m. — 4:00 p.m. and Friday from 9:00 a.m. — 3:00 p.m. Sincerely, a A XLAL OV a � Arthur Daignault,OAccess Specialist CC: Stanley Usovicz, Mayor, City of Salem Deborah A. Ryan, Executive Director, Architectural Access Board Mary Margaret Moore, Executive Director, ILCNSCA Shawn McDuff, Access & Resource Coordinator, ILCNSCA File Feb 15 99 02: 22p Bo Salem/Bob Blair 9787406771 p. 2 Goldeneye Corporation 4 Blaney Street Salem, MA 01970 (978) 744-3800 15 February 2000 VIA FAX Mr.Tom Hopkins Architectural Access Board One Ashburton Place Room 1310 Boston,MA 02108 Dear Mr. Hopkins, Since my conversation and correspondence with you back in December,we have continued to pursue our process for a Chapter 91 license to build an enhanced, completely ADA handicapped accessible facility. We were invited by the mayor to a public meeting to provide information and answer questions about our plans at our Blaney Street facility,the Salem Ferry Landing. Both Mary Margaret Moore and Arthur Daignault from the Independent Living Center were in attendance at this meeting. We had hoped that by mid-January our ch. 91 license would have been granted, but as of this date,this has not happened. We are still working diligently with the city and state officials for our new ch. 91 license. When we receive the license, we will determine whether we can effect the proposed changes for the 2000 season. At the present time,we are focussing on those enhancements necessary to make the existing ramp and docks more handicapped accessible. Goldeneye will be installing a second handrailing on the ramp, and also fabricating a ramp to allow for unassisted access from the docks to the ferry.These two changes will be completed before we commence operations for the 2000 season,which we anticipate will be around the Memorial Day weekend. I have been in contact with Arthur Daignault,and will continue to apprise him of developments,and seek his input on the specifics of our proposed changes before completing them. V yours, Ro A J lem, President Gol ye Corp. �F: Arthur P1igngglt The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TOD JANE SWIFT. LT.GOVERNOR Fax: (617) 727.0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR January 12,2000 Mr.Robert J. Salem,President Goldeneye Corporation 4 Blaney Street Salem,MA 01970 RE: Salem Ferry, Salem Dear Mr. Salem: The Architectural Access Board has reviewed your letter of December 27, 1999,relative to the complaint on the above premises. The Board voted to allow you until February 15,2000,to provide a plan indicating how you intend on correcting the violations cited. You should also be aware that this Board has previously ORDERED that the ferry not be allowed to operate until such time as all accessibility issues are addressed. A copy of that decision is attached. Si erely yours, r / Garry odes Chairman ' cc: Local building department Complainant Boston Harbor Cruises n C.7 =-- INDEPENDENT LIVING CENTER 17 A of the North Shore and Cape Ann, Inc . 27 CONGRESS STREET, SUITE 107 • SALEM, MA 01970 (978) 741-0077 v/TTY • (978) 741-1133 FAx SERVING: January 5, 2000 Beverly Danvers Mayor Stanley Usovicz Salem City Hall Essex 93 Washington Street Gloucester Salem, MA 01970 Hamilton Dear Mayor Usovicz: Ipswich Thank you for organizing this Public Meeting to address public concerns Lynn pertaining to the proposed marine use of 10 Blaney Street by Goldeneye. The Independent Living Center of the North Shore and Cape Ann ( ILCNSCA) is the Lynnfield disability rights advocacy and independent living service agency for the 19 cities Manchester and towns of the North Shore and Cape Ann. Our main office is located in Salem. By-The-Sea Marblehead We are pleased to attend this evening's meeting and submit to you, in this letter, the position of the ILCNSCA with regard to the accessibility of the Salem Ferry. Nahant The ILCNSCA filed accessibility complaint #99-2521 with the Architectural Access Peabody Board (AAB). The AAB issued its final decision on this complaint on November 15, 1999. Rockport This decision, stated in letter from the AAB to Robert Salem, Golden Eye Rowley Construction on December 17, 1999, is that "Reported violations, include Salem the following items... Sec. 18.12.1 —Unassisted access between the Saugus land, Fxed facility and floating vessel, is not provided...Sec. 18.13.1 - Handrails that are provided on the marine ramp do not comply with Swampscott 521 CMR Section 24.5...enclosed is the final decision of the board Topsheld reached at a hearing held on November 15, 1999 outlining other handicapped access issues at this facility... Under Massachusetts law, Wenham the Board is authorized to take legal action against violators of its regulations, including but not limited to, an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to$1,000.00 per day,per violation, for willful noncompliance with its regulations. The ILCNSCA expects all accessibility violations to be rectified in accordance with the final decision of the Architectural Access Board (AAB) on November 15, 1999. 'r OUR GREATEST NEED AS HUMAN BEINGS IS THE FREEDOM TO PURSUE OUR DREAMS" The ILCNSCA would like to be informed of Goldeneye's accessibility compliance plan for the Salem Ferry including all timelines rectifying the above-determined violations. If the access issues are not resolved by the time of operation, the ILCNSCA will file additional complaints with the AAB. The ILCNSCA also expects full participation by the City of Salem to insure that Goldeneye addresses the violations identified by the AAB. ILCNSCA wishes to work with the City of Salem, the Salem Commission on Disability and other citizens of Salem to insure that there is the fullest accessibility of this important transportation resource. I would to hear from you, Mayor Usovicz, concerning how we can collaboratively achieve this goal. You can contact me Monday - Friday from 9:00 a.m. to 5:00 p.m. at 978-741-0077 v/tty. Sincerely, Mary Margaret Moore Executive Director CC: Robert Salem, Goldeneye Corporation Beth Rennard, City of Salem, ADA Coordinator Peter Stout, City of Salem, Building Commissioner Jack Harris, Co-Chairperson, Salem Commission on Disabilities Shawn McDuff, Access & Resource Coordinator, ILCNSCA Arthur Daignault, Access Specialist, ILCNSCA File The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR December 17, 1999 Robert Salem Golden Eye Construction 4 Blaney Street Salem, MA 01970 RE: Salem Ferry 4 Blaney Street Salem Dear Mr. Salem, Upon information received by the Architectural Access Board, the facility referenced above has been reported to violate M.G.L. c. 22, § 13A and the Rules and Regulations (CMR 521) promulgated thereunder. Reported violations, include the following items, are referenced to the 1996 Rules and Regulations: Section:-,Reported violation: 18.12.11: Unassisted Access between the land,fixed facility and floating vessel, is not provided. 18.13.1 •=Handrails"thafare provided on the marine ramp do not comply with 521 CMR Section 24.5 (enclosed is the final decision of the Board reached at a hearing held on November 15, 1999 outlining other handicapped access issues at this facility) (Complaint#99 -2521 Under Massachusetts law, the Board is authorized to take legal action against violators of its regulations, including but not limited to, an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to $1,000.00 per day, per violation, for willful noncompliance with its regulations. You are requested to notify this Board, in writing, of the steps you have taken or plan to take to comply with the current regulations. Please note the current sections may be different from the sections that are cited above. Unless the Board receives such notification within 14 days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. Si rely, arty RI o es, ` Chairperson cc: local Building Inspector Local Disability Commission Independent Living Center Complainant t� The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT. GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR FINAL DECISION RE: Salem Ferry, Blaney Street, Salem 1. The hearing was held upon a complaint filed with the Architectural Access Board by Robin Kellett that the following section(s) are in violation of 521 CMR: Section 18.3 —Entrance to the terminal is not accessible Section 18.12.1 —Unassisted access is not provided Section 18.13.1 —Handrails on ramp do not comply Section 7.1 —Public areas located with the terminal are not accessible Section 30.1.2—Portable toilets are not accessible Section 7.2.2c—Height of service counter exceeds 36 inches Section 27.4—Handrails are not provided on the stairs to the terminal Section 25.1 —Entrance to the terminal is not accessible (Same as 18.3) Section 25.2 —Path of travel to terminal is not a paved walk or ramp Section 25.6 —No signage is provided indicating where accessible entrance is located. Section 27.1 — Stairs to the terminal do not comply 2. The hearing was held on: Monday, November 15, 1999 3. The following persons appeared: Frederick L. Nolan, III, Boston Harbor Cruises, as of June 10, 1999, the operator of the Salem Ferry to Boston and Arthur Daignault, Access Specialist, Independent Living Center North Shore and Cape Ann The Chair swore in all persons offering testimony. Board Member Lorraine Greiff sat for purposes of a quorum, but did not participate in or vote in the matter before the Board. Ms. Greiff also did not participate in the hearing on June 21, 1999. �, 1 4. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: By way of background: The case originated as a variance request filed by Craig Wheeler on June 12, 1998. The applicant requested variances from the following sections of the 1996 Rules and Regulations of the Board: Section 18.13.3 — landings on ramps and slopes and Section 24.5 — Handrails. The City of Salem requested a four-month temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston. To this end, they needed to construct a temporary boat docking facility in Salem at Blaney Street. The information stated that after the four- month demonstration project, the docking facility would be dismantled. On Monday, June 29, 1998, after reviewing the material submitted the Board voted as follows: GRANT the variance to Section 18.3.3 for a period of 4 months only. The variance expired on November 1, 1998. The Board also denied the variance to Section 24.5 and ordered that appropriate handrails be installed on the marine ramp for the reason that compliance has not been proven to be impracticable in this case. On May 7, 1999, another variance application was filed by Mayor Usovicz requesting temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston at Shetland Park in Salem, because the previous year's service proved to be so successful. The city then decided not to fund or run the ferry service, and has stated they are not responsible for compliance issues. However, there is a new ferry service operated by Boston Harbor Cruises. It has been found that Goldeneye Inc. is the company that owns the Blaney Street pier. The Board notified Boston Harbor Cruises, Owner/manager of the reported violations and they failed to respond. Therefore, the Board scheduled this complaint hearing. On November 15, 1999, the Acting Chairman, Larry Braman called upon the complainant to present the case for the complaint. Mr. Braman also asked Mr. Nolan if he has a list of the complaints to be addressed. Mr. Nolan did not have a copy of the original letter sent to the Owner/Manager, Salem Ferry, Blaney Street, Salem, on July 20, 1999, outlining the reported violations. Arthur Daignault, Independent Living Center of the North Shore (ILCNS) stated that he is familiar with the case, and Robin Kellett filed the complaint when she was Associate Director of ILCNS. Mr. Daignault appeared at the hearing on June 21, 1999. Mr. Daignault stated the complaint was filed because there was no way for persons with disabilities to enter the trailer to buy tickets or to access the waiting area. In addition, the issue of an accessible path of travel provided to get to the boat and onto the boat. Mr. Daignault stated that the violations reported by Ms. Kellett were never addressed by Boston Harbor Cruise. Mr. Frederick Nolan apologized to the Board, and stated he did not know the individual who came to the site and initiated the complaint. He stated there were problems relative to access when the operation between Salem and Boston began. He stated his company 2 negotiated with the City of Salem and other parties interested in the ferry through most of the spring. Mr. Nolan stated that the Salem Ferry was operated last year under a pilot program by EOTC to determine if there was a market for a Salem to Boston commuter boat or ferry service. The Pilot program was subsidized, in the amount of$750,000 and in addition, to that had applied to it the placement of floats owed by the MassPort, and gangway that was residual inventory that was left over from the Revere Sugar site. Mr. Nolan stated the ferry operation began under separate contract, under another operator in 1998. Mr. Nolan stated the gangway came from MassPort along with the floating docks. Mr. Nolan stated that Boston Harbor Cruises was invited to look at the Salem Ferry for a long term operation without subsidy by landowners of Blaney Street, the site the Salem Ferry operates from. He stated that Boston Harbor Cruises are tenants at the site and are paying rent for the facilities. Mr. Nolan acknowledged that Boston Harbor Cruises owns the trailer referred to in the complaint. He stated it was moved to the Blaney Street location, for temporary ticketing until such time the landowners could get Chapter 91 and other applicable approvals, so they could build a full scale facility that will be fully accessible. Mr. Nolan stated that recognizing that the trailer was inaccessible, tickets were available both in the trailer and on board the vessel. Mr. Nolan stated the gangway and floating docks are no different than those installed by the Commonwealth of Massachusetts, the prior year. He stated they do not meet the 1:12 slope requirement. Mr. Nolan stated the fact is regarding the boat transitional pieces, Boston Harbor Cruises is working diligently with Stephen Spinetto, of the City of Boston Disability Commission, and is part of a sub-committee in Washington to determine what the proper application is for the commercial vessel industry. Mr. Nolan stated as of now there is no regulations dealing with accessibility to vessels. Mr. Nolan stated that Boston Harbor Cruises built three or four vessels new vessels over the past two years and installed accessible toilet rooms, but they are not required by law to do that. He stated the Coast Guard has no existing regulations relative to that. Mr. Nolan stated that Boston Harbor Cruises has ownership over the trailer, and once advised, immediately installed a ramp to the door, albeit it is not in full compliance with 521 CMR. Mr. Nolan stated Boston Harbor Cruises did not go further, because the only paved area in the lot that they are operating from is the ten paved handicapped parking spaces relegated to the site. He stated the balance of the site has not been permitted for paving, because of an ongoing environmental review process before paving. Mr. Braman called upon Board Members with questions. Board Member Lorraine Greiff asked Mr. Daignault if there is an accessible path of travel to the boat. Mr. Daignault did not have the exact measurements of the slope of the ramp, but noted it is steep. Mr. Nolan stated that it is a 50 foot gangway with a tide range on average of nine and on-half feet. Mr. Nolan acknowledged that the ramp is steep. Mr. Nolan stated that Boston Harbor Cruises operates 23 vessels in Boston Harbor, 14 under which are operated under contract to MBTA, MDC and the facilities in Salem are no better than, and in some cases, better than the other facilities that Boston Harbor operates that are state-owned and controlled. Mr. Nolan stated this is primarily because there is no clear definition as to what to do with regard to accessibility on floating docks and gangways. Mr. Nolan stated a recent solution came up in federal court in which the federal government installed a system which in an on-call elevator that runs with the tide. 3 Ms. Greiff asked how that relates to this complaint. Mr. Nolan stated only to say the facilities in Salem are no less steep or no less impacting than the average facilities provided by the Commonwealth for commuter transportation. Mr. Kelly asked if Boston Harbor Cruises is under contract to Salem. Mr. Nolan replied, no, Boston Harbor Cruises has a five-year contract with the Pleasant Street landowners, Goldeneye. Mr. Kelly asked if his company plans to make any modifications during the run of the contract. Mr. Nolan stated the trailer, (the only thing his company has control over) will be replaced next season with a facility that is 100% accessible. He stated that Goldeneye currently has a fully accessible plan in front of the Department of Environmental Protection (DEP) to which they are trying to get a Chapter 91 license for. Mr. Carell asked Mr. Nolan if he is aware that the time variance granted to the City of Salem acknowledged deficiencies (violations of 521 CMR) and was only for four months. Mr. Carell stated, as he understands Mr. Nolan's testimony, the facility that is in place now, is virtually identical to that previously in place. Mr. Nolan replied that is correct. Mr. Nolan stated neither he nor his company was aware of the previous time variance granted by the Board. The violations were addressed as follows: Section 18.3 —Entrance to the Salem Ferry service terminal (trailer Lis not accessible Mr. Nolan stated the entrance to the terminal is currently accessible, but was not at the start of the Salem Ferry operation. He stated he is not aware of the date of the complaint. Mr. Carell asked if the ramp is in full compliance with 521 CMR. Mr. Nolan acknowledged that the ramp is not in full compliance. Mr. Carell advised him that if the ramp is not in compliance, there is no accessible entrance. Section 18.12.1 —Unassisted access is not provided between the land and the floating docks. Mr. Carell asked if the above violation is accurate. Mr. Nolan was not clear as to the requirements. Deborah A. Ryan, the Board's Executive Director stated the issue is access between the land and the floating dock, i.e., the slope has to be at least 1:12. Mr. Nolan agreed that the reported violation is valid. Section 18.13.1 —Handrails on the marine ramp do not comply with 521 CMR Mr. Carell asked if the handrails on the ramp comply with 521 CMR. Mr. Nolan was unable to answer the question. Section 7.1 — Public service areas located within the terminal (trailer) are not accessible to persons with disabilities. Mr. Carell asked if the above violation is true. Mr. Nolan stated that is true. Section 30.1.2 —Portable toilets are not accessible Mr. Carell asked if the portable toilets are accessible. Mr. Nolan stated there are no public toilet rooms within the trailer, but there is a portable toilet at the back of the trailer for the staff. Mr. Carell asked Mr. Nolan if it is his testimony that there are no public 4 toilet rooms. Mr. Nolan stated that is his understanding. Ms. Greiff asked if the public ever uses the portable toilets. Mr. Nolan stated he was not at the site this summer,so he cannot be sure if the public ever used the portable toilets. Section 7.2.2c—Height of service counter exceeds 36 inches Mr. Nolan acknowledged that the service counter exceeds 36 inches. Section 27.4 — Handrails are not provided on the stairs at the terminal building entrance. Mr. Nolan stated that at the time the complaint was filed, concrete blocks were stacked up before the ramp was constructed. He stated there is a railing now in place on the ramp. Section 25.1 —Entrance to the terminal is not accessible Mr. Nolan stated that is true. (Same as 18.3) Section 25.2—Path of travel to approach the terminal is not a paved walk or ramp Mr. Nolan stated that when Boston Harbor Cruises went into the site, the Commonwealth provided relative to improving the lot was to create 10 handicapped parking spaces which have a paved walkway connected to them which then connects to the gangway below. Mr. Nolan stated he not aware of what the problem is. Mr. Nolan stated before the ramp went in, there was no connection. Mr. Daignault stated the whole handicapped parking area is paved now, and then it continues over to the gangway. Section 25.6 — No signage is provided to indicate the location of the accessible entrance Mr. Nolan stated that technically there was no signage at the time the complaint was filed. He stated the paved area is to the right of the ramp. Section 27.1 —Stairs to the terminal do not comply Mr. Nolan stated the stairs are no longer there, they were replaced by a ramp. Mr. Carell stated it appears based on the testimony, that the entrance to the terminal is not accessible; the height of the service counter is incorrect; the public areas located within the trailer are not accessible; the handrails may or may not comply and unassisted access is not provided. Also, there is a question of whether or not the portable toilet is open to the public. Mr. Nolan agreed that is a fair assessment of the matter. Mr. Carell asked why knowing this, Boston Harbor Cruises began service. Mr. Nolan stated he is not certain with regard to the trailer. He stated that Boston Harbor Cruises took a trailer they had in stock and put it in place very quickly, expecting that the landowner eventually would get permission to do the facility. Mr. Nolan stated that Boston Harbor Cruises knew they were deficit even to the mobile public, because they had temporary block stairs in place and they had a number of complaints from elderly persons getting in and out of the trailer. Mr. Nolan stated it took two weeks after the trailer was in position to get the ramp in place, and make whatever improvements were made. The trailer was put in place because the landowners did not have the approvals to construct a new building. 5 Mr. Nolan stated the trailer is a short-term solution, but evidently they were short-sighed in not making the trailer handicapped accessible. Mr. Nolan stated they felt comfortable with the floating docks and access to them. Ms. Greiff inquired as to the operating months for the Salem Ferry. Mr. Nolan stated it is scheduled to run from May 1 through October 31. Mr. Nolan stated that this year the ferry operation began on June 10. Mr. Kelly asked whose Boston Harbor Cruises contract is with. Mr. Nolan stated that Boston Harbor Cruises is a tenant of a company called Goldeneye Corporation, the private landowners at Blaney Street. Mr. Kelly asked who supplies the ferry service. Mr. Nolan responded Boston Harbor Cruises supplies the service. Mr. Kelly stated he is trying to establish what Boston Harbor Cruises is responsible for correcting and what Goldeneye Corporation is responsible for. Mr. Nolan stated the plan was for Boston Harbor Cruises to be the tenants, and the landowners would provide the floating docks and terminal that his company would operate. Mr. Nolan stated that everything was delayed during the landowner's negotiation with the city. Mr. Kelly asked Mr. Nolan if the operation commenced with his company's equipment or the landowners. Mr. Nolan replied that it was the landowner's floating docks and gangways they borrowed from MPA, and with his trailer. Mr. Kelly asked why the landlord did not provide the trailer. Mr. Nolan stated they did not have the financial wherewithal at the time. Mr. Kelly stated so Boston Harbor Cruises assumed a burden that belongs to the landowners. Mr. Nolan replied, technically yes. Mr. Kelly stated so strictly speaking, if everything was in place as it should be, Boston Harbor Cruises is only responsible for the boat. Mr. Nolan stated that is correct. The Board advised Mr. Nolan that the Board's current regulations, in effect since 1996, Section 18 and Section 19 of 521 CMR, specifically address the requirements at marine facilities. The Board stated that regardless of whether the federal government has regulations, the Commonwealth has had regulations in effect that is applicable to this site. Mr. Nolan stated his company has been waiting for federal regulations to tell them what the guidelines are going to be. The Board reiterated that there are state regulations already in effect that are applicable to this site, and must be complied with. Mr. Kelly stated his opinion is that Goldeneye should also be involved in the matter. Mr. Daignault submitted a copy of an article that appeared in the local newspaper relative to a plan for a commuter run to Boston next summer (2000). Mr. Daignault stated his concern is that the operation will continue to run, as was done this year, without being fully accessible to persons with disabilities. Ms. Greiff asked Mr. Daignault if.he is aware if commuters could buy tickets on board the vessel this past season. Mr. Daignault stated he is not aware if tickets were available other than in the trailer. Mr. Braman asked who currently owns the equipment, which connects the land to the boat. Mr. Nolan stated to clarify matters, Goldeneye Corporation owns the floating docks and the gangway.is leased from MassPort. Mr. Braman stated the one issue in doubt is the use of whether the portable toilets are open to the public. Mr. Daignault stated the toilet is not accessible, but could not offer definitive testimony as to its use. Ms. Ryan 6 stated the Board has a letter dated July 22, 1999, from John D. Keenan, Assistant City Solicitor, Salem that last year they had a license to use the property for the four-month experiment. The letter also stated that the docking facilities were borrowed from MassPort and all of that was removed. Further, it stated the docking facility now in place at Blaney Street was installed by Goldeneye and its ferry service provided (different than last year). Ms. Ryan asked Mr. Nolan if his company leases the equipment from MassPort. Mr. Nolan stated that is technically wrong, Goldeneye borrowed/leased the gangway from MassPort, last year and again this year, and attached that gangway to their own floating docks. Ms. Ryan stated that then Goldeneye is the company the Board should be contacting, for the proper gangway and floating docks. Mr. Nolan replied that is correct. Mr. Kelly asked if there is any business connection between Boston Harbor Cruises and Goldeneye, other than tenant and landlord. Mr. Nolan replied no. Ms. Greiff asked Mr. Nolan why did not contact Goldeneye relative to the hearing. Mr. Nolan stated he spoke to someone from Goldeneye this morning to see if they were going to be at the hearing, but they did not receive notification of the hearing. Ms. Ryan stated if the Board was aware that another party was involved, notification would have been sent to them. Ms. Ryan stated to clarify matters, the first letter that went out July 20, 1999, to the Salem Ferry, and no response was received. The second letter went out September 9, 1999, to the building owner and there was no response, and that is why the hearing was scheduled. Mr. Braman called for a motion. BOARD DECISION The Board finds based on the testimony, Boston Harbor Cruises is a tenant on the property and provided the trailer that was onsite this past season. The Board finds that the trailer should have been fully accessible at the time it was brought to the site. Section 3.10 of 521 CMR requires that even temporary structures comply with 521 CMR. The Board finds the following sections are applicable to the Boston Harbor Cruise operation, as they are the only articles Boston Harbor Cruises has authority over: Section 18.3, Section 18.12.1, Section 18.13.1, Section 7.1, Section 7.2.2c, Section 25.1 (Section 18.3), Section 25.2 and Section 25.6. Further, based on Mr. Nolan's testimony, i.e., his agreement that the above sections are in violation of 521 CMR, the Board voted to find in favor of the complainant that the above sections are valid violations of 521 CMR. The Board excluded Section 30.1.2, as long as the toilets provided on-site are designated as staff only toilet rooms. In addition, Sections 27.1 and 27.4 were excluded, because the stairs were replaced by a ramp, albeit a non-complying one. The Board ordered that the trailer (Salem Ferry office) be brought into full compliance with 521 CMR, prior to reopening the operation, or an application for variance be submitted (see enclosed) within 30 days of receipt of this decision. 7 Further, the Board ordered that the Salem Ferry not be allowed to operate, at this site, or any other site until all accessibility issues are addressed. The Board reiterates that it has had regulations in effect since 1996 relative to marine facilities, see Sections 18 and 19 of 521 CMR. The Board also finds, based on the testimony, Goldeneye is the landowner; owns the floating docks and leased/borrowed the gangway from MassPort. Therefore, the Board voted to have Goldeneye be made a party to the case, and be notified of outstanding violations. The Board voted to waive the site inspection requirement. This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty (30) days of receipt of this decision. DATE: December 15, 1999 ARCHITECTURAL ACCESS BOARD rolw�.. Larry Wian Acting hairman cc: Local Building Inspector Local Disability Commission Independent Living Center Complainant 8 Draft September 15, 1999 Peter Strout Zoning Enforcement Officer One Salem Green Salem, Massachusetts 01970 RE: Blaney Street & Goldeneye Zoning Applicability Dear Inspector Strout: As requested, I have further reviewed the above captioned matter as it relates to the pending Chapter 91 License application and your review of same in compliance with Salem's local zoning ordinance. The parcel in question on Blaney Street is locally zoned Industrial, and it is also a Designated Port Area ("DPA'J. As a DPA, the purpose is to promote revitalization of the waterfront and water dependent uses. The waterfront boundaries of our local zoning ordinance are to "be construed as following the shorelines at the mean low water level." Salem Zoning Ordinance. Article III, Sec. 3-3(5). Indeed Chapter 40A, the enabling statute for local zoning provisions, specifically provides for the regulation of the "use of land." See Mass. Gen. L. c. 40A, §1A and Salem Zoning Ordinance. Article V, Sec. 5-1. Thus, the issue becomes are the"uses of land" proposed by Goldeneye in its Chapter 91 License (essentially supporting the water dependent uses) allowed in the Industrial zone? Uses permitted by right in the Industrial zone include: off- street parking and loading facilities and other accessory uses and buildings, provided that such uses are clearly incidental to the principal use. Salem Zoning Ordinance. Article V, Sec. 5-2(h) and (f)(10). An accessory building or use is defined as "a building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or use." Salem Zoning Ordinance. Article II, Sec. 2-2(b). Accessory buildings are further defined with certain density restrictions and that the building area of such a structure "shall not exceed one (1) percent of the lot area or one hundred and twenty (120) square feet, whichever is greater."Salem Zoning Ordinance. Article VII, Sec. 7-8. Thus, if the plan as submitted meets the above criteria (ie. landside uses consisting of parking and accessory uses) it would not be in violation of the local zoning and bylaws. Notwithstanding, the project will undergo rigorous scrutiny in the Chapter 91 licensing process — both water side and landside review — as well as state and local wetlands provisions. Thank you for your attention to this matter. Hopefully, this has answered your questions. Do not hesitate to contact me with any questions pertaining to same. Very truly yours, JOHN D. KEENAN, ASSISTANT CITY SOLICITOR Jdk/kjm.zoning ENC. CC. William Lundregan, City Solicitor Peter Paskowski, Ward One Councilor Nina Cohen, Board of Appeals Joseph Correnti, Esq. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a e DEPARTMENT OF ENVIRONMENTAL PROTECTION 205A Lowell St., Wilmington, MA 01887 (978) 661-7600 i` ARGEO PAUL CELLUCCI BOB DURAND Governor. Secretary JANE SWIFT LAUREN A.LISS Lieutenant Governor Commissioner Goldeneye Corporation OCT 2 9 1999 c/o Bourne Consulting Engineering 184 West Central Street Franklin, MA 02038 Attn: Ronald Bourne Re: Waterways Application W99-9152/Written Determination Dear Sir(s): On October 18, 1999, the Department was informed by Salem Solicitor, John Keenan, and Steven Dibble of the Gloucester Conservation Commission, that the Order of Conditions, 64- 295, issued on July 14, 1999 to Goldeneye Corporation, does not cover the entire project as proposed under the existing Chapter 91 application. It is our understanding that the Conservation Commission approved only a temporary floating pier system to be held in place by six screw driven spud piles which are to be removed by December 1, 1999, seawall repair, an 8' wide sidewalk (public accessway) and stormwater structures. The Department has determined that the Written Determination issued on September 28, 1999 will be withdrawn unless you can provide the Department with information that Order of Conditions, 64-295, does in fact cover the entire project as proposed under your Chapter 91 application. If the OOC does not coincide with your Chapter 91 application you will either have to re-file a Notice of Intent with the Salem Conservation Commission or revise your Chapter 91 application to reflect that work authorized under OOC 64-295. Should you have any question, please contact Jill E. Provencal at (978) 661-7778. cerely, aures A. Spragde�� Section Chief Wetlands and Waterways Program This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 • Pshone(978)661-7600 • fax(978)661-7615 • TTD#(978)661-7679 GJ Pnnted on Recycled Paper `�741n�1 CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant city Solicitor 81 Washington Street Salem, Massachusetts 01970 60 Washington Street Tel:978-741-3888 Tel:978-741-4453 Fax:978-741-8110 Fax:978-740-0072 VIA FAX: 1-978-661-7615 & North Shore Courier (in hand) October 19, 1999 Commonwealth of Massachusetts Commonwealth of Massachusetts Department of Environmental Protection Dept. of Environmental Protection Northeast Regional Office P.O. Box 4062 James Sprague, Section Chief Boston, Massachusetts 02211 205a Lowell Street Wilmington, MA 01887 RE: Chapter 91 Written Determination (09/28/99) Goldeneye Corporation (applicant) Waterways License Application No. W99-9152 Salem Harbor in Salem, MA (Blaney Street) Dear Chief Sprague: I am writing on behalf of the Mayor Stanley J. Usovizc, Jr., and the City of Salem as an aggrieved party (310 C.M.R. 9.17(d)) appealing the above captioned determination and specifically requesting an adjudicatory hearing., Specific Objections to Written Determinations II. PR03ECT DESCRIPTION: Project as described in within determination DOES NOT conform with the temporary, (so called Phase I) existing structure approved by the Salem Conservation Commission on July 9, 1999 (DEP File No. 64-295). See attached Exhibit"A" Order of Conditions and Plan). The Conservation 'Jill Provencal from your office requested yesterday that we fax her a copy of our intent to appeal this decision. We did fax a notice yesterday, This filing with amendments and exhibits is being served today as a completed request and within the appeal period of twenty-one days of said decision. 310 CMR 1.01(3)(c). Notwithstanding same, the City of Salem does not waive any rights to contest proper notice of this decision from the DEP. Specifically, Mayor Stan Usovia, although copied on your letter, did not receive a copy of the decision until yesterday when Jill Provencal faxed it to another intervenor, Russ Vickers. r Page Two of Four October 19, 1999 Request for Hearing RE: Written Determination W99-9152 Commission approved only a temporary floating pier system held in place by no greater than six screw driven spud piles which shall be removed prior to December 1, 1999. The larger project approved in the written determination was withdrawn by the applicant. III. DETERMINATION OF WATER DEPENDENCY The City of Salem does not contest the determination of water dependency for this project. As presented to date and in accordance with the Salem Zoning Ordinance the parking lot and single building are accessory to the water dependent use. IV. DEPARTMENT'S SUMMARY C.) Public Notice and Hearing The development of the New Salem Wharf is the single most important public development project facing Salem today. A public hearing was held on March 24, 1999 at which time it was expressed that this was the beginning of the public process. No additional hearing was held notwithstanding the many concerns, questions and issues raised by the many parties present. Most glaring of the concerns was the potential impact on the mostly residential area surrounding this major project and its effect on traffic on the very congested, narrow and historic Derby Street, a one way street at that point. Mayor Usovicz specifically addressed this issue in his correspondence of March 8, 1999, seeking to be an intervenor as well. (See attached Exhibit "B'). This was the primary concern of the neighbors/residents expressed at the public meeting. m Unquestionably, the traffic created by this project corresponds directly to the number and types of vessels arriving and departing this site on a daily basis. Again, Mayor Usovicz specifically requested that approval of this license be held until such time as the applicant provide traffic and parking impacts of the proposal. (Exhibit"B'). None was provided. The only response provided was an extremely vague and nondescript response from Bob Blair. Apparently, in letter of April 6, 1999, Mr. Blair explains, "Boston Ferry service with 4 daily round trips, a harbor excursion service which would- run on an hourly basis, whale watch tours (2-3 per day), and regional ferry services with connections to Provincetown, Nantucket, Gloucester, Manchester and Marblehead. They would also make the facility available to visiting vessels such as sailing schooners, historic replica vessels, naval vessels, and cruise ship support." Page Three of Four October 19, 1999 Request for Hearing RE: Written Determination W99-9152 There is absolutely no indication of how many daily trips there would be in total of these various services. There is absolutely no indication of how many people and how many motor vehicles (cars, buses, shuttles etc.) would be entering and exiting the site onto the one way historic Derby Street. There is no indication or verification that the number of parking spaces available (200) can accommodate the unknown number of vehicles for the various services. Another issue raised by many at the single public hearing was that of gambling and/or garring being conducted from the site. Both members of the neighborhood and Mayor Usovicz have been steadfastly clear on the condition imposed that there be no gambling or gaming originating from this parcel. The written determination describes this project as an "interim step"to the redevelopment of Salem Harbor and new Salem Wharf. The permanent pier structure proposed is not an interim to that project rather a hindrance in that it will need to be removed in order for the new Salem Wharf to move forward. Most importantly, the City of Salem and the Commonwealth of Massachusetts Executive Office of Administration and Finance are presently engaged in discussions as to what extent of control of this very parcel of land is necessary for the state funding of the harbor revitalization. Permission to build this permanent pier may thwart that state funding.2 D.) Other Approvals. This project as described in the written determination WAS NOT approved by the Salem Conservation Commission. Moreover, Mayor Usovicz in his correspondence of April 6, 1999, again specifically requested that the Chapter 91 License not be issued until an Order of Conditions is issued by the Salem Conservation Commission. (Exhibit"B'). The Salem Conservation Commission approved only "Phase I" which included a temporary moored docking float system — much less extensive than that originally proposed. Thus, the determination is inconsistent with the Massachusetts Wetlands Protection Act (Mass. Gen. L. c. 131, § 40) Relief Sought through Adjudicatory Hearing The City of Salem hereby requests that above-mentioned concerns be reviewed by the hearing officer. Further, the City of Salem seeks that the matter be Z In fact, the City of Salem and Goldeneye in their negotiations had begun discussions of a more flexible pier plan that could be more readily used and moved in conjunction with the redevelopment of the new Salem wharf. Page Four of Four October 19, 1999 Request for Hearing RE: Written Determination W99-9152 remanded for further public input and hearing to require the applicant to specifically address said issues. Specific changes to the written determination must incorporate the specific information provided by the applicant regarding traffic, number of vessels and gambling. Also, the written determination must be conditioned upon Salem Conservation Commission approval of the project as described. Additional special conditions must address: • Specific limit on daily number of vehicles allowed to enter and exit the facility; • Specific limit on daily number of vessels allowed to use the docking facility; • Absolute prohibition of any gambling/gaming originating from the site; • The license issued should expire one year from the date of the license with no options for an extension under the same license. Thank you for your attention to these matters. Do not hesitate to contact me with any questions. I hereby certify that the within appeal/request for an adjudicatory hearing has been delivered to the applicant through its attorney, Joseph Correnti. Very best regards, John_D. Keenan, Assistant City Solicitor JDK/kjm CC. Stanley Usovicz, Jr., Mayor Michael Ruane, Salem State Representative Peter Paskowski, Salem Ward One Councilor William Lundregan, City Solicitor Patrick Reffett, City Planner Mark,George, Salem Conservation Commission Nina"Cohen, Salem Board of Appeals Joseph Correnti, Esq. 1 CITY OF SALEM - MASSACHUSETTS City Solicitor WILLIAM J.L ,AN Legal Department JOHN D.KEENAN Solicitor 93 Washington Street Assistant city Solicitor 81 Washington Street Tel:978-741.3888 Salem, Massachusetts 01970 Bo Washington Street Fax:978.741-8110 Tel:978.741-4453 Fax:978-740-0072 VIA FAX: 1-978-661-7615 & North Shore Courier (in hand) October 19, 1999 Commonwealth of Massachusetts Commonwealth of Massachusetts Department of Environmental Protection Dept. of Environmental Protection Northeast Regional Office P.O. Box 4062 James Sprague, Section Chief Boston, Massachusetts 02211 205a Lowell Street Wilmington, MA 01887 RE: Chapter 91 Written Determination (09/28/99) Goldeneye Corporation (applicant) Waterways License Application No. W99-9152 Salem Harbor in Salem, MA (Blaney Street) Dear Chief Sprague and Sir/Madam: I am writing on behalf of Mayor Stanley J. Usovizc, Jr., and the City of Salem as an aggrieved party (310 C.M.R. 9.17(d)) appealing the above captioned determination and specifically requesting an adjudicatory hearing.' Specific Objections to Written Determinations II. PROJECT DESCRIPTION: Project as described in within determination DOES NOT conform with the temporary, (so called Phase I) existing structure approved by the Salem Conservation Commission on July 9, 1999 (DEP File No. 64-295). See 'Jill Provencal from your office requested yesterday that we fax her a copy of our intent to appeal this decision. We did fax a notice yesterday. This filing with amendments and exhibits is being served today as a completed request and within the appeal period of twenty-one days of said decision. 310 CMR 1.01(3)(c). Notwithstanding same, the City of Salem does not waive any rights to contest proper notice of this decision from the DEP. Specifically, Mayor Stan Usovicz, although copied on your letter, did not receive a copy of the decision until yesterday when Jill Provencal faxed it to another intervenor, Russ Vickers, who in turn forwarded it to Mayor Usovicz. Page Two of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 attached Exhibit"A" Order of Conditions and Phase I Site Plan). The Conservation Commission approved only a temporary floating pier system held in place by no greater than six screw driven spud piles which "shall be removed prior to December 1, 1999." (See Exhibit"A", Amendment of 07/22/99). The applicant did receive the necessary float permit from the Salem Harbormaster. The larger project approved in the written determination was withdrawn by the applicant from the Salem Conservation Commission for the expediency of approval of the temporary plan to be able to run the ferry operation this season. No permanent structure (to wit a 40' x 60' building) was approved by the Conservation Commission. The approval was for a tent and a trailer. (See Exhibit"A", Phase I. Site Plan).2 Parking described in the project calls for 203 spaces, yet the applicant voluntarily downscaled to under 200 spaces, with possible further reduction. III. DETERMINATION OF WATER DEPENDENCY The City of Salem does not contest the determination of water dependency for this project. As presented to date and in accordance with the Salem Zoning Ordinance, the parking lot and single building are accessory to the water dependent use. IV. DEPARTMENT'S SUMMARY C.) Public Notice and Hearing The development of the New Salem Wharf is perhaps the single most important public development project facing Salem today. One public hearing was held on March 24, 1999 at which time it was expressed that this was the beginning of the public process. No additional hearing was held notwithstanding the many concerns, questions and issues raised by the many parties present and left open at the end of the meeting. Most glaring of the concerns was the potential impact on the mostly residential area surrounding this major project and its effect on traffic on the very congested, narrow and historic Derby Street, a one way street at that point. Mayor Usovicz specifically addressed this issue in his correspondence of March 8, 1999, seeking to be an intervenor as well. (See attached Exhibit "B'). This was the primary concern of the neighbors/residents expressed at the public meeting. Z There also still exists an outstanding mitigation obligation on part of the applicant from last year's permitting process and illegal fill at the site. The applicant has failed to resolve this matter with the Salem Conservation Commission. Page Three of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 Unquestionably, the traffic created by this project corresponds directly to the number and types of vessels arriving and departing this site on a daily basis. Again, Mayor Usovicz specifically requested that approval of this license be held until such time as the applicant provide traffic and parking impacts of the proposal. (Exhibit "B'). None was provided. The only response provided was an apparently vague and nondescript response from Bob Blair. The City of Salem was not copied on that response. Apparently, in his letter of April 6, 1999, Mr. Blair explains the following uses; "Boston Ferry service with 4 daily round trips, a harbor excursion service which would run on an hourly basis, whale watch tours (2-3 per day), and regional ferry services with connections to Provincetown, Nantucket, Gloucester, Manchester and Marblehead. They would also make the facility available to visiting vessels such as sailing schooners, historic replica vessels, naval vessels, and cruise ship support." There is absolutely no indication of how many daily trips there would be in total of these various services. There is absolutely no indication of how many people and how many motor vehicles (cars, buses, shuttles etc.) would be entering and exiting the site onto the one way historic Derby Street. There is no indication or verification that the number of parking spaces available (200) can accommodate the unknown number of vehicles for the various services. Another issue raised by many at the single public hearing was that of gambling and/or gaming being conducted from the site. Both members of the neighborhood and Mayor Usovicz have been steadfastly clear on the condition imposed that there be no gambling or gaming originating from this parcel. The written determination describes this project as an "interim step"to the redevelopment of Salem Harbor and new Salem Wharf. The permanent pier structure proposed is not an interim to that project rather a hindrance in that most of it will need to be removed in order for the new Salem Wharf to move forward. Most importantly, the City of Salem and the Commonwealth of Massachusetts Executive Office of Administration and Finance are presently engaged in discussions as to what extent of control (ownership) of this very parcel of land is necessary for the state funding of the harbor revitalization. Permission to build this permanent pier may thwart that state funding.3 Additionally, at present, the Salem s In fact, the City of Salem and Goldeneye in their negotiations had begun discussions of a more flexible pier plan that could be more readily used and moved in conjunction with the redevelopment of the new Salem wharf. Page Four of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 Harbor Plan has been withdrawn from consideration for approval for further review, revisions and input. D.) Other Approvals. This project as described in the written determination WAS NOT approved by the Salem Conservation Commission. Moreover, Mayor Usovicz in his correspondence of April 6, 1999, again specifically requested that the Chapter 91 License not be issued until an Order of Conditions is issued by the Salem Conservation Commission. (Exhibit"B'). The Salem _ •-Conservation Commission approved only "Phase I"which included a temporary moored docking float system - much less extensive than that originally proposed. Thus, the determination is inconsistent with the Massachusetts Wetlands Protection Act (Mass. Gen. L. c. 131, § 40) Relief Sought through Adjudicatory Hearing The City of Salem hereby requests that above-mentioned concerns be reviewed by the hearing officer and that the following relief be granted, in addition to any relied deemed meet and just. Specific changes to the vague written determination must incorporate the specific information provided by the applicant regarding traffic, number of vessels, number of people and gambling. Also, the written determination must be minimally conditioned upon Salem Conservation Commission approval of the project as described. Additional special conditions must address: • Specific limit on daily number of motor vehicles (cars, buses, shuttles, trucks) allowed to enter and exit the facility; • Specific limit on daily number of vessels allowed to use the docking facility; • Specific limit on the number and size of vessels able to use the docking facility at one time; • Specific number of parking spaces allowed; • Absolute prohibition of the project supporting any gambling/gaming or any related activity originating therefrom; • The license issued should expire one year from the date of the license with no options for an extension under the same license; • Specific plan for removal and reuse of the "interim pier" in conjunction with the New Salem Wharf. The City of Salem also seeks that the matter be remanded for further public input and hearing to require the applicant to specifically address said issues. Page Five of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 Thank you for your attention to these matters. Do not hesitate to contact me with any questions. I hereby certify that the within appeal/request for an adjudicatory hearing has been delivered to the applicant through its attorney, Joseph Correnti. Very best regards, 11 01 ,A-ik- Jn D. Keenan, A s tant City Solicitor JD kjm CC. Stanley Usovicz, Jr., Mayor Michael Ruane, State Representative Peter Paskowski, Salem Ward One Councilor William Lundregan, City Solicitor Patrick Reffett, City Planner Mark George, Salem Conservation Commission Nina Cohen, Salem Board of Appeals Joseph Correnti, Esq. EXHIBIT "A" Salem Conservation Commission Order of Conditions July 9, 1999 Amended July 22, 1999 LV, 4V va VAI aV.VV a[1,a oIV (YV V4VY f'j((nnln6 10001 310 CMR 10.99 DEP File No. 64 —295 (To be provided by DEP) Form 5 City/Town Salem Applicant Goldenye Corp; Commonwealth ' of Massachusetts Amended 7/22/99 Order of Conditions Massachuetts wetlands Protection Act G.L. c. 131, 540 From Salem Conservation commission issuing Authority To CnlrlPnat (`n 11cLtLDt+ same (Name of Applicant) (Name of property owner) -- Address 4 Blaney Street, Salem Address '—This Order is issued and delivered as follows: by hand delivery to applicant or representative on Julv 9, .1999 (date) ❑ by certified mail, return receipt requested on (date). This project is located at 4_Blaney StrPPt The property is recorded at the Registry of Essex Book 14792 Page 59 Certificate (if registered) _ The Notice of Intent for this project was filed on 5/17/99 (date) The public hearing was closed on 5/27/99 (date) Findings ' Thecommission has reviewed the above-referenced Notice of intent and plans and has held a public hearing on the project. Based an the information available to she rnmmiq.einn at this time, the Commysraion has determined that the area on which the proposed work is to be done is to thfollowing significant e follong interests in accordance with the Presurptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): Public water supply Flood ControlLand containing shellfish Private water supply Storm damage prevention Fisheri cs . Ground water supply Prevention of pollution Protection of Wildlife habitat 0 0 Total Filing Fee Submitted state share (1/2 fee in excess of s25) City/Town Share 0 (WAYVFD) Total Refund Due s City/Town Portion S State Portions (1/2 total) (112 total) Effective 11/10/89 5-1 1V/1'o/aa Muir 1V.VV rnn aro /4U U4U4 Ylannlns 10 002 Therefore, the Commission hereby finds that the following conditions are necessary, in accordance with the performance Standards sec forth in the regulations, tc protect those interests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions I. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3 . This drder does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or- b) the rime for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. S. This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6_ Any ) ill used in connection with this project shall be. clean fill, containing no crash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. a. No work shall be undertaken until the Final order 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. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording informatin shall be submitted to the Cnmmigginn on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection, File Number 64-295 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. S-2 iuiraiaa VIVO io:or ren ave 14U 04U4 Planning (a 003 11. Upon completion of the work described herein, the applicant Shall forthwith request in writing that a Certificate of Compliance be issued stating that, the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: Plans: Title Dated Signed and Stamped by: On File with: Salem Ferry Terminal 5/26/99 panni GnnlP+ q r r Sheets 4 of 4 Salem Ferryna1 aL �ng- Pfiase -- s Site Plan Sheet 2of4 5/�— Ronald R. Bo,arne s.c.c. special Conditions (Use additional paper if necessary) See Attached. 7/22/99 Amendment- No greater than 6 screw driven spud piles shall b'enpermitted to be temporarily installed per plan. All spud piles shall be removed prior to December 1, 1999. (Leave Space Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �-3n lu/-1o1 wa MWI 10:uv rAA N7d 740 u4u4 Ylannln6 Q004 Issued By Conservation Commission Signature ( ) U This Order must be signed by a majority of the Conservation Commission. on this 27th day. of Ma" 19 oa before me personally appeared the above mentioned to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she exeeu d t e e as his/her free act and deed. SM4 ani&H8LE n Pub" IbOW04IMM Et*ms NN 12,2004 h.7 No ary P lie My commission expires he applicant, the owner, any person agrrieved by this Order, any owner of lord abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, ar,. htreby r•orifled of their right to request the Department of Environmental Protection to issue a Superseding order, providing the rryuest is mode by certified amil or hard del l very to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMA 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same vim be sent by certified mait or hand delivery to the Conservation Commission and the applicant. Oetoch to dotted line and submit to the Commission prior to commencement of work. ............................................................................................................ To issuing Authority Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 on 119 If recorded lard, the instrument nurber which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant- 5-4A 1V1101VU mule 10:V/ ren N'/C 74U U4U4 Planning [a 005 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE# 64-295, Address: Blaney Street 1. The Conservation Agent will be notified 48 (tours prior to commencement of construction activities (978-745- 9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs, observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131,Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the I 0-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing, a sign shall be displayed showing DEP file N 64.295,and not placed on a living tree. 6. Thu term `Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816), U.S. Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary, It. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act, or any changes in activity subject to regulations under G.L. Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s) is significant enough to require the filing of a new Notice of Intent. Any error in the 1 V/18/99 MUN 10:V'1 NAA 978 74U 0404 Planning [a 006 plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at same time be sent to the Department of Environmental Protection, 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of rite Order of Conditions. 14. Conditions number as W,c)'446hall continue in force beyond the Certificate of Compliance, in perpetuity, and shall be rcferrea to in all future deeds to this property, PRIOR TO CONSTRUCTION IS. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision,the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence ofwork to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the lint its of work in the replication area(s)shall be clearly flagged, 20. There shall be(XXX)hay bales and(XXX)wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. I V1,10iaa mUiv 10:Vo VAA ala 14U U4V4 Planning 10 007 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of fico site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions, construction plans,and copies of the documents and reports cited in Condition 9 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. _ 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. - 30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash,construction materials, etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto, unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainave structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by At fence,hayblac barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including, but not limited to,civil administrative penalties tinder M.G.L. Chapter2lA, section 16, POST CONSTRUCTION 40- All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; IV/10/9a plus lU:VO rAA U16 14U U4U4 manning 10008 b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An "As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altcmd wetland resource areas, buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds, 43. If the completed work differs from that in the original plans and conditions,the roport must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devicesshallremain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The fallowing condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall be recurded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of retiise in the resource are. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. Southerly comer of placement of final course of armament stone on bank shall be completed in 1999. The pedestrian walkway shall be extended to White Street. Installation of drainage swale and walkway shall be permitted to commence on November 15, 1999 and shall be fully completed prior to the start of the 2000 season. 50. Trash barrels shall have dome covers with doors or equivalent litter preventing design,and debris,dumpster, and lynnpak shall be contained and managed on site by operator. 51. Stormwater plans and drainage calculations shall be approved by City Engineer in writing with copy forwarded to Salem Conservation Commission prior to start of any work. 52. Contingency plan for fueling shall be approved by Salem Conservation Commission,Salem Fire Department. and Coast Guard prior to any fueling operations taking place. I I � I 'w'w, ZONE BOUNDARYTLOW WARP(ON ID-6-95 / C.STNO PAFEMENT TO BE RCNOKO YCAN IIIOI NATER — — — — — — N/F NEW ENGLAND POWER CO. W..w TRAILER [.STING PAKMENT / — / RMA DuNPSTER I -...•: ZONE A+ J TOCK TRAKL WAY I� -•�'• ,..�.'.. OF J/f STONE Y WOE MEN :._-_._.. - - -'• Z . I -- -- DISOIAA y.+0'.rF ROAI / �' —'16•—• —— / ,f ..;• W/ f FREE°°AR° MIOIM OIAIN W FLOAT RAMP I _ _ a ,•': - - _______ ._-�. _ __"..-.....--- _ ACED MUM STORE - I ;A . . —� A OL NEY STREET _S ..-_ .- ""...... '. KRTICAL DATUM: 0 v •-1, I! A WOE 90CWAU1 '--"% SOUTu ESSEX SEWAGE DISTINCT°ENCIMAAM DISH. STAMPED -S. E. S. 0. 12" IF ♦ I I 2 ,•',^ s[I PI CONCRETE MMUMENT.rtuC "IN OF WA. ON EERPENIY E. SALEM TERMINAL COMPANY.NEAR CDIINCR DE wE00 STREET AND Mnnr SIRECI. RM 13 AS°ESWRZEO ON F.E. M. A. ROC,INSURANU RAR NAP 27,°10)-DMI-O: MEAN LOA WATER Y 1 Y WOE D1t01 1� I ' - - --- - - --- - - - - - - - - Y •• rc TEMA P I KGElA GE SINAL[ EINE Y3 4• I/WITITE STREET ` DISCHARGE _-__, / ` [L11 S.0 TIMDER DOARDWMJL WM HNIORAII,z / \OKR DRAINAGE SWAIL mI+ISITE PLAN - PHASE 1 rEHU a WOE STORE wsT WALKWAY A E.s11Nc unOLR LAK. sIINE N/F HAWTHORNE COVE MARINA INC. ° WALT. 1-- +0'•0' —1 csnnc MASE--� tt. I Io.oA y FINI91 DRAM . MNW I I] MAKL BAY F-0•FREE DOMD SECTION Mcw .oy 70'.30' TENT [L ♦10.03 . SOME: 1'- IO'0' -- ♦ MLW -I] Af MOAT GANGWAY -.� 'Rt%C E: 1 - MY-0' f� 3-R0'.I R E BOA V 0 LIMA.4.53 W/1'FREE BOARD 7 xn•IAZ —T L PL WA wA ° FTT:191 DAM YC IETR 7 _T 1 AIR"I -F[N°INr N°W .0.0 R [.STING yrptt WAIL ['J'1w2 MIu1dI OIMN —S110.0 MAD EXISRN° MADE J W-+I E.STING°RAGE f— CXISnNC MAIC D FLOAT ELEVATION Ano1M moFJI N VEGETATED 5w •MNw r L0 _- Z SCALE: 1-- 2b•-0- -- I1 I SECTION __ NOW 100 n .ALI MOORING SECTION - TYP [ NMN1 - EnsiwG MADE 7 .MM-E - SO'-6 . MLw.I.I5 S I/�- 1•-D• PLACED ARMOR E .10. f KPT. SCALD 1'- 10'°' STONE-0=1 MIN) 7.0' MIIW H.] . REMOK CONCRETE AA°S/STOIMS - ]II _ moll i0 FILTER FAMIC INSTALLATION NOVO .0.0 ` I tOP OF SXME CL .10.5E RLL IRREGULAR ROPE WM�`�� E.STNH MADE Z KCCTATCO AMC STONE RLL PRIOR i0 R. .9.Z]S PUMZMFNT OF FILTER FAOWC FIN191 MAGE BORON a SwAIC �\ TS'OF IIMDERLAKR MIRA FAOMC STONE SX aMF PEMSTING ROTECTMMELRR „�� PHASE I SECTION 3• .A ai.'fi7ti� 'ny Z NJ BARRIER SITE PLAN NOIR. SCAIC: f- Sx-0' 13'PERVIOUS MAKL WILL SCALE: 1-- ID-0' J MATERIAL 11 VEGETATED SWALE - SECTION M M C I VEGETATED SWALE - ELEVATION SALEM FERRY LANDING , SCALE. 1i- r° 2 MALE: 1/r_ r o, GOLDENEYE CORPARATION RECONSTRUCT TOP OF AME WEN CONDITIONS CONTINUOUS EOCE STONE ELANEY STREET, SALEM , MA EDGE STONE(1YP) RG2MLA R e EL .10.0t } o0U1WE A MAY 1999 QvL c INSTALL FILTER FABRIC E.Si1NG SHORELINE PROMCnON [`J COMI N Ayii ALONG EDGE ! NO. S �� QOU(OC COnspll/ng F.FTgy27c1`lIF78 a. MAY 2 1999 �' TIDE r "0 "1 � 1 m.Ir ei AAA WALKWAY o0 .Is.o n IeWJ ew-AIM Au R1IJ w+IT7 WALE: 1/+ - 1'0' (�QOf(19 GDnsulUng Eng ..15 ° +0 eImDRAWING N0. 98301 InCCnn -I.IS � CI CCNCD:FOR CONSERVATION OMMISSION EMISSION ONLY ,U1L. I - REVSIONSRo:rt:�stao[99 SHEET 2 OF EXHIBIT "B" Mayor Stanley J. Usovicz Correspondence March 8, 1999 (Request to Intervene) Correspondence April 6, 1999 Additional Input on License Application RPR. 06 '99 02:-4 PH SRLEI9 CIT' H4LL P. R Y LIT'.' OF SALEM, MASSACHUSETTS p STANLEY J. USOVICZ, JR. MAYOR March S. 1999 .._ Mr. James A. Sprsgze, uuiiptyChief Division of-Wetland--and Waterways 205A Lowell Street Wilmington,MA 01887 RE: Comments of Application for Chapter 91 License Request to Intervene as a Party Goldeneye Corporation Waterways License Application No. W99-9152 Dear Mr. Sprague: The City of Salem thanks you for this opportunity to comment on the Application for a Chapter 91 License filed by Goldeneye Corporation (the 'Proponctif) for the construction of a Commercial Boat Terminal (the "Project") at the foot of Blaney Street in the municipality of Salem. The Proponent is seeking authorization to construct and maintain a 100 ft. by 60 ft. pier with 155 ft by 15 R walkway, a 100 ft. by 40 ft. barge with double gangway and ramping system a timber dolphin, 1380 SF of floating docks, 3 gangways, a 60 ft. by 40 ft. terminal building and 203 parking spaces for commercial boat services. A public hearing is scheduled on March 24, 1999 on the Proponent's Application. On behalf of the City of Salem, I must state my objection to the proposed project. Our waterfront is an important part of our City's heritage and provides open space and public access to residents, boaters, fishermen and the many tourists who visit our Citv. The City does not support this project because of its potential impact on the surrounding neighborhood and its location at the site of Salem's proposed $18 million port expansion project. Salem's proposed pier project, the New Salem Wharf, has been in the planning stage for over five years and is a significant economic development project for the City. SALEM CITY HALL•93 WASHINGTON STREET•SALEM,MASSACHUSETTS 019707592•97a/7L5-9595•FAX 97817M 9227 APP. OP, '95 02:46PH 5Fd N CITY hip ' F.3 Mr. James A. Sprague, Section Chief March 8, 1999 Pagel The Salem Harbor Plan clearly documents the economic benefits to the City of the construction of the New Salem Wharf. Salem's project has also been the subject of over $240,000 of engineering studies and investigations, funded by the State, to determine the suitability of the site and surrounding area to accommodate the S18 million dollar project. Massachusetts Coastal Zone Management is currently in the process of completing a sampling plan and suitability-determ tion for the dredging required for the New Salem y.- Wharf project. The Proponent's application for their project is incomplete. The-most glaring deficiency with the Application is that the proponent has not provided any analysis of traffic impact to the residential neighborhood where this project is located. The project should not receive any state approvals until the traffic and parking impacts of the proposal are fully analyzed and addressed by the Proponents. The Proponent has said that the traffic impact would only be in the order of 400 average daily trips (adt). It is likely that the facility would generate a much higher traffic level. Shue the Proponent has not, as yet; provided an estimate of the numbers and types of vessels using the proposed pier, the traffic estimates have little basis. However, work performed by the City's consultant shows that the traffic generated by such a commercial facility could be much higher than specified in their application. The Proponent also states (on page 3) that the proposed "project is an important step forward in advancing the goals of the City and provides an incremental, logical progression forward while the future of the larger public study project is debated, planned and taken through the permitting process." On the contrary, the construction of this commercial boat terminal will hinder the advancement of the public pier project proposed by the City. To the extent that the Proponent's project is not physically compatible with the configuration of the New Salem Wharf plans, it will likely restrict the advancement of the important public project Similarly, the Proponent's project, on occupied and in daily use, will probably result in a natural reluctance to its removal to permit construction of the dredging and public project. This is likely the case because the first step in building the New Salem Wharf will be to remove this very expensive pier structure and buildings-and to displace the existing terminal users at that time. It is probable that the construction of this project will impede, if not stop, the construction of the New Salem Public Wharf project, which is part of the Harbor Pian. Therefore,I do not believe that the Proponent's premise that this project is consistent rgPR 06 '9�+ 02:46W SHLEM CIT( HALL R.T, Mr.James A. Sprague, Section Chief March 8, 1999 Page 3 with the Salem Harbor Plan is correct. In fact, one could argue that the opposite is true. The construction of the ayylteants�royosed vier is inconststrnt with the Harbor Pban. Lastly, our waterfront provides open space and public access for our citizens. The privately owned pier does not save a proper publiopmpose.?n ,would be detrimental to The larger public purpose. + _. As Mayor, I am requesting a complete review of the Proponent's project by the Salem Harbor Planning Committee as to whether the Proponent's proposed plan is indeed consistent with the Salem Harbor Plan and the New Salem Wharf project. I am also asking for an independent study of the impact of this Commercial Boat Terminal on this historic neighborhood and the cost to the City's New Salem Wharf project. It is my hope that you will consider the City's efforts to explore these areas as viable and substantive. Therefore, I urge you to forego granting a Chapter 91 License to the Proponent until the City can complete its studies and tender a determination as to whether this project is consistent with the intent and goals of Salem's Harbor Plan and the public interest. On behalf of the City of Salem, and in order to preserve the City's rights, I hereby petition to intervene to become a party to rhis proceeding pursuant to 310 CMR 9.13(4). The City thanks you for the opportunity to comment. Very truly yours, Stanley J. Usovicz, Jr. Mayor SJU/Jp cc: Leonard F. O'Leary, President, Salem City Council Craig Wheeler, City Planner, Salem Harbor Planning Committee Walter Power, Clairman, Salem Planning Board U.S. Army Corps of Engineers CONDIT�' R '�GhfNS CITY OF SALEM, MASSACHUSETTS STANLEY J. USOVICZ, JR. MAYOR April 6, 1999 James A. Sprague Section Chief Division of Wetland and Waterways 205A Lowell Street Wilmington, MA 01887 RE: Waterways Application No. W99-9152— 10 Blaney Street, Salem Dear Mr. Sprague: The city of Salem would once again like to thank you for the opportunity to comment on the above-referenced application for a Chapter 91 License filed by Goldeneye Corporation. I would also like to thank you for conducting a very successful public hearing which raised much public comment and concerns over Goldeneye's proposal. In my letter of March 8, 1999 to you, I stated my objection to this proposed project. I documented why the Goldeneye Corporation proposed pier is inconsistent with the Harbor Plan. I also petitioned to intervene to become a party in these proceedings. I am requesting that you please include and serve copies to my office of all correspondence, public hearings, site visits and other opportunities to properly comment in this process. Also, please update my office with the DEP timetable for review of this application. As stated at the Public Hearing, the city of Salem Conservation Commission has significant concerns that are both in and outside their immediate jurisdiction as mandated under 310 CMR 10.00 et seq. The Notice of Intent Public Hearing currently before the Commission is Substantially incomplete. At the request of Goldeneye Corporation, the Commission granted a continuation of its Public Hearing into June to allow the applicant additional time to submit requested information and make proposed by Goldeneye changes to their plans. At this time, I request that the Chapter 91 License review be tabled until all of the requested information and plan changes are submitted to you to allow for proper consideration of the Waterways Application. Please do not issue a Chapter 91 License until these concerns are addressed by Goldeneye and until an Order of Conditions is issued by the Salem Conservation Commission. Many of the Commission's concerns stem from a general lack of information and conflicting information which has been both submitted and stated by Goldeneye Corporation. With this letter I am providing a listing of Conservation Commission comments submitted to MEPA and additional comments read into the record at the Waterways License Public Hearing on March 24,1999. Comments of the Conservation Commission submitted to MEPA are as follows: • Increased impervious surfacing • No use of any Best Management Practices (BMP's) for sediment, sheetflow, and pollution control • Insufficient stormwater management • Resource area shall unnecessarily receive solid and fine material • Air bom dust from roadway and parking lot not controlled • Chronic grounding of freeboard floats, barge, and floats as proposed should be studied • Historic and proposed taking of Commonwealth lands vith no provision for public access along waterfront • Discussion.of fueling operationsis insufficient • Determination needs to be completed if proposed repairs to seawall are proposed on a Historic Seawall • Access to site via White Street has received conflicting statements • Portions of proposed work are shown to be on land owned by others (US Generating Plant) • Lack of information of impacts of bus traffic and idling time on resource area • Unauthorized fill and proposed mitigation not yet resolved • Conflicting statements that the same improvements are temporary, interim, AND permanent The following additional information requested by the Conservation Commission was read at the Waterways License Public Hearing, which should be submitted to allow for proper review, is as follows: • Submission of original, existing, and proposed topography, • Clarification of the number of boats and boat trips per day, • Boat wake impacts and damage to partially constructed bank, • Clarification of fueling operations, • Dust control plans, • Drainage calculations, • Stormwater management plan, • Granite curbing changes proposed by Goldeneye to be corrected on plans, • Vegetated swale proposed by Goldeneye to be added to plans, • Best Management Practices to be utilized, • Clarification of treatment of 8' wide walkway, • Clarification of existing pavement to be removed and treatment of new pavement, and • Documentation of strength of pier with maximum boat loading. Several Departments in the City of Salem and other City representatives have reviewed the plans submitted by Goldeneye Corporation. MEPA received several letters with comments and concerns pertaining to traffic, parking,the types and number of vessels proposed to be landing at the site, access issues, and storm water run-off. I understand that these letters were x forwarded to you. If not, I will gladly gather and forward copies to you for your review. Please include the comments in the letters in your review. Again,the city of Salem would like to stress its concerns pertaining to this project's inconsistencies with the proposed New Salem Pier Project and the general lack of information and conflicting information. Please contact me at (973) 745-9595 extension 201 if you have any questions. Thank you for your assistance in this matter. Sincerely, Stanley J. Usovicz, Jr., Mayor cc: John Simpson, DEP/DWW, Boston Jill E. Provencal, Division of Wetlands and Waterways Salem Conservation Commission Craig Wheeler, City Planner ' William Wholley, Harbormaster ConwMM WmayorOEPMpR1-yrolCcnrya JUL-08-99 03 :39 PM ILCNSCA l5 8`( 3200973 741 1133 P. 03 �9. The Commonwealth of Massachusetts - - - "" ARCHITECTURAL ACCESS BOARD One Ashburton Place - Rocm 1310 Boston, Massachusetts 02108 ARGEO ?AUL CELLUCCi GOVf r1Noh (617) 727.0660 1-900-629.7222 JANE SWIFT 'qhs �{- Voice and TDD LT.f,,pvF RNOR / �/ ' e'e / Fax: (E17) 7270665 DEBORAH A. RYAN PyESUrrvr wrlrclofl DECISION RF.: Selcm Ferre Docking Facility Project, Salem I. The hearing was held upon an application for variance filed by Mayor Stanley USOVicz for modificatimt of or substitution of the following section(s) of the Rules and - Regulations of the Architectural Access Board: Section IS.133 - Marine ratnp platforms - gan;way will be 50 feet long, Exceeding maximum length for a 1:12 slope. Section 1-4.5.2 -- Gangway will not )rave a ntid-handrail between 15.20 inches above Section 2.1.5.5 -- Gangway handrail will be 2"by 2" which exceeds the maximum, ullowublc width. Section 24,5.6 - Gangway handrail will be square, not oval. Section 18.12,1 - Unassisted access belwccn the )and or fixed facility and u Flouting %esscl,with or without an intcrvenirg floating structure, shali be Provided, 2. The luaring was held on: Monday,lunc 21, 1999 3. The following persons appeared: Arthur Daignatdt and Rohin Kellett, Independent Living Center of the North Shorc and Cape Ann, Inc. All persons offering testimony were sworn in by the Chair. ». FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: The Architectural Access Board sent a Variance Hearing Notice by cenificd mail on May 25, 1999, to Mayor Stanley Uso%ic/ (applicant), City of Salem, City Hall. Salcm. advising him of the date. lime (11:00 a.m.) and location of the hearing on his variance (see enclosed). The signed certified mail card was IVILIMed to the Board rcrifyi»g that! titer Notice of Hearing was delivered and signed for. Neither the Mayor not, his representative appeared w the 1 ):00 a.m. hearing tinhe to address his variance request t> ) JUL-08-99 03 :39 PM ILCNSCA 978 741 1133 P. 04 .J relative to a Temporary Docking Facility for the Salem Felty at the Shetland Park location in Salam. Gary Rhodes the Chairman of the Board called the hearing to order at 11:45 aun, with Ms, Kellett and Arthur Daignault in attendance. By way of background, Craig Wheeler filed a variance request on June 12, 1995. The applicant requested variances front the following sections of the 1995 Rules and Regulations of the Hoard: Section t8 13.3 — landings on ramps and slopes and Section 24.5 — Handrails. The City of Salem requested a four month temporary variance to conduct a demonstratim project to lest the feasibility of a conu:rutcr boat from Salem to Boston, To this end, they needed to construct a temporary boat docking facility in Salem at Blaney Street. The information stated that after the four month demonstration project. the docking facility would be dismantled. Glt Monday, Jule 29, 1998, after reviewing the material submitted the Board voted as follows: GRANT the variance to Section 18.3.3 for a period of 4 months only. This variance will expire on November 1, 1998, DENY the variance to Section 24.5 and orders that appropriate handrails be installed on the marine ramp for the reason that compliance has not been proven to be impracticable in this case. (see enclosed 1998 decision issued on July 1, 1998) Gn May 7, 1999. a variance application was filed by Mayor Usovicz requesting another temporary variance to conduct a demonstration project to test the feasibility or a conlnluter boat G'onl Saleln to Boston :it Shetland Park in Salcm. Mr. Daignault and Ms. Kellett asked the Board to allow them to present their inftnntation to the Board. Ms. Kellett stated that the decision issued by the Board on July 1, 1995 for the Temporary Docking Facility at :he Blaney Street location expired November 1, 1998. Ms. Kellett stated she is aware of the current valiance application before the Board for a 'rentporary Docking Facility at another location, Shetland Park. Ms. Kellett submitted a ncwspaper aricle Gram the .tune G, 1999 Boston Globe entitled. "Limited ferry rums are buck in Salem". The article stated that the ferry service is expected to begin this ntomh (.lune), making (our trips to Boston from Salem. Father, it stated that the City ol'S:rlcm has agreed to continue the run from Blaney Street site. Ms. Kellen stated her information is that the Salem Ferry resumed service June 19, 1999. Ms. Kellett stated the temporary variance granted by the board expired on November 1, 1995, and it is her understanding to resunic the service from Blaney Street, the City was required to submit another variance request for that site. Nts. Kellett stilted with respect to the current vari;ute request, the Board already acted on the handrail issue last year by denying the request Ms. Kellett asked holy many years can it dcntonstrtuion be temporary, before it is permanent. Ms. Kellett noted a project tits; is temporary or a demonstration is still required to meet access requircnlents. Ms. Kellett stated she sees a substantial benefit for persons with disabilities to have access provided to the Salent Ferry. Ms. Kellett statod she personafly used the ferry scn ice several times last year. Ms. Kellett sated she wiutesscd many persons with disabilities on the ferry. 2 JUL-08-99 0.3 :40 PM ILCNSCA 978 741 1133 P. 05 i.e., persons using wheelchairs, mobility aids. going to Boston. Ms. Kellcll stated it is a easy way for persons with disabilities to get into Boston fron Salem, it is more accessible tiltun by train, because of the way the piatfo;•pts arc in the Salem Station. BOARD DECISION The Board first finds that the prpper notification was given, by certified mail, to Mayor Usovich of the date, time and location of the hearing on his variance request. The Board Finds no request was received from Mayor Usovich to withdraw the variance or continue the hearing to a ruler laic. The Board finds, based on the testimony presented there is a substantial benefit for persons with disabilities to have access to the Salem Ferry, to enjoy the same experience of a ferry excursion to and front Boston, as non-disabled persons. The Board finds, based on the testimony, that persons with disabilities used the feny last year, and it is unacceptable to exclude persons with disabilities from enjoying that same experience. The Board finds there was no one present to dispute the testimony as to the substantial benefit to persons with disabilities, nor to prove that it is technologically unfeasible to make the Salen, Fsny accessible. Further tlne Board finds, it granted a temporary varl• lice for a four month long demonstration proiecti the demonstration is complete: the temporan, variance expired• and it is unacceptable to continue seeking tempor2p% variances not to make -tile Salem Ferri accessible Therefore, based on the abo%e, the Board voted to DENY the variance request to Section 18.13.3 - Marine ramp platfomns; Scction 24.5.2 — Gangway handrails between 18-10; Section 24.5.5 — Gamm ay handrail and width; Section 24,5,6 — Gangway handrail will be square, not oval and Section 18.12.1 — Unassisted access between the land or filed facility and a floating vessel. The Board further finds, based on the documentation submitted and testimony presented, that the Salem Ferry Docking Facility project is operating in violation of the Order of the Architectural Access Board Issued on July 1, 1998. The Bonrd finds the rarlance expired on November 1 1998, and there is no request for an extension of said variance, nor a new application for variance submitted for the Blaney Street site. The Board rinds the current application for variance submitted is for another location, (the Shetland Park site), and Mayor Usovicz did not request withdralval of the pending variance. The Board finds if the Salem Ferre is again operating out of the Blaney Street site; it is no longer a temporary experiment, the experiment is over and the site should he In compliance with 521 ChIR. Therefore, the Board finds, based on the testimony, the Salem Ferry is operating in Violation of an Order issued by the Architectural Access Board on July 1, 1998, Therefore, the Board ordered that all service be stopped itnmedjateh•, until such time the facility is brought into full compliance with 521 CMR. The Board voted to wain e the site visit requirmcnt. 3 JUL-08-99 03 :41 PM ILCNSCA 978 741 1133 P. 06 This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggricved person may appeal this decision to the Superior Court of the Coll'tnonwcalth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal "lust be filed in cow; no later than thirty (30) days of receipt of this decision. DATE: Jule 38, 1999 ARCHIUCTURAL ACCESS BOARD �n Gary Y hodes Char Sall M Local Building Inspector Local Disability Commission Independent Living Center 4 �CONDIT BOARD of ASSESSORS 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970-3595 �a (508) 745-9595 Ext. 261 (508) 7449327 FAX July 2, 1998 Deborah E. Burkinshaw City Clerk City Hall Salem MA 01970 Dear Miss Burkinshaw: Please be advised that the new lot created by the subdivision of 10 Blaney St. (Parcel#41-278) has been assigned legal street address as follows: Salem Ferry Facility 30 Blaney Street Very truly yours, Frank Kulik Chairman cc: Postmaster Joseph L. Leccese Chief Robert Turner,Fire Dept. Helen Jiadosz, Water Dept. Kevin Goggin,Acting Inspector of Buildings Capt. Paul Murphy,Police Dept. The Commonwealth of Massachusetts r� ! ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR August 17, 1999 Owner/ Manager Salem Ferry Blaney Street Salem, MA 01970 RE: Salem Ferry Blaney Street Salem Dear Sir/Madam: On July 20, 1999 you were notified of a complaint filed against you with respect to alleged violations of the Board's Rules and Regulations at your premises. Attached is a copy of the original notice. To date,,we have not received a written response. If you do not respond within ten (10) days of receipt of this letter, the Board will schedule a hearing for you to appear on the complaint. You should also be aware that the Board has the authority to impose fines of up to $1,000.00 per day per violation for any person found in willful violation of the Board's orders. S,cerely, Deborah A. Ryan Execuu ive Director cc1/Local Building Inspector Local Disability Commission Independent Living Center Complainant t� 1 The Commonwealth of Massachusetts �! ARCHITECTURAL ACCESS BOARD d— ) One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT 1gr1Ge `�% Fax: (617) 727-0665 LT. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR Tuly 20, 1999 Owner/Manager Salem Ferry Blaney Street Salem, MA 01970 /J RE: Salem Ferry, Blaney Street, Salem, MA, (Complaint # 99 - 114) Dear Sir: Upon information received by the Architectural Access Board, the following locations have been reported to violate M.G.L. c: 22, Section 13A and the Rules and Regulations (CMR 521) promulgated thereunder. Reported violations include the following sections, referenced to the 1996 Rules and Regulations. (copies of applicable sections are attached) Section: Reported Violation: 18.3 No accessible entrance is provided to the transportation terminal that is currently operational for the Salem Ferry service. 18.12.1 Unassisted access between land, fixed facility, and vessel is not provided. 18.13.1 Handrails that are provided on the marine ramp do not comply with 521 CMR Section 24.5. 7.1 The public service area located within the terminal is not accessible to persons with disabilities. 30.1.2 The facility currently is providing "Porta Poties' as bathroom facilities for public use, no accessible unit is provided for persons with disabilities on an accessible route of travel. 1 i 7.2.2c The height of the service counter exceeds thirty-six (36) inches. 27.4 Hand rails are not provided on the stairs at the terminal building entrances. 25.1 Entrances to the terminal building are not accessible. 25.2 The path of travel that is used to approach the terminal building is not a paved walk or ramp with a slip resistant surface. 25.6 No signs are provided indicating where the accessible entrances are located. 27.1 Stairs that are provided to the transportation terminal do not comply with 521 CMR Section 27.1. Under Massachusetts law, the Board is authorized to take legal action against violators of it's regulations; including but not limited to an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to $1,000.00 per day, per violation for willful noncompliance with its regulations. You are requested to notify this Board in writing-of the steps you have taken or plan to take to comply with the above cited regulations. Unless the Board receives such notification within fourteen (14) days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. Sincerely yours, Garr Rhodes Chairperson cc: ocal Building Inspector Disability Commission Independent Living Center Complainant 2 • i' SIN- The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place Room 1310 Boston, Massachusetts 02108-1618 ARGEO PAUL CELLUCCI Governor (617) 727-0660 DEBORAH A.RYAN - 1-800-828-7222 Voice Executive Director and TDD Fax: (617) 727-0665 GENERAL BUILDING COMPLAINT FORM PLEASE BE ADVISED THAT THIS FORM IS A MATTER OF PUBLIC RECORD AND WILL BE DISCLOSED UPON REQUEST. 1. What is the name and address of building believed to be in violation of the Rules and Regulations of this Board: Name: alert -F<- Address: eAddress: lc,ne(- S+,"e T City/Town: Scx I --r h"'A O 19-2 U 2. Tat is the use of the building (please check one or more)? x Retail Establishment _Transient Lodging Facility _Multiple Dwelling _Commercial Building _Educational Facility _Medical Care Facility _Place of Assembly _Detention Facility _House of Worship Restaurant __Transportation Terminal _Recreational Facility `' s 3. Does it appear that the building was recently constructed or renovated? 1 4. What date were you most recently at the building?: Ho� many floors?: Ct f-r�,ler� 5. Please check the appropriate section(s) of the Board's regulations that you believe is being violated, then describe each section as specifically as possible in the space below. Please note that section numbers are from the 1996 Regulations and the section numbers with parenthesis are from the 1982 Regulations. The section numbers are listed below for your reference. (please use additional sheets if necessary): Sections (1982 Re s. 24 (25) Ramps _&_25 (26) Entrances X 26 (27) Doors 27 (28) Stairs 28 (35) Elevators 29 (29) Floors 730 (30) Toilets 31 (—) Bathing 32 (33) Kitchens _33 (—) Dressing —34 (---) Storage _35 (– ) Tables _36 (36) Fountains _38 (--) ATM's 39 (38) Controls _40 (--) Alarms _41 (39) Signage -.. S 'is CA F�rr� +C'_rnAI JC CalccA 111 SCAI e-P11 M r CUrle✓+I (� e c TI ,� I n teiciafii c, ;1 o• an ©mer , SSc.rr'r� OL. I1� cP, t ; I 3nnr(-,( On TG 5 to S t,)DT to Comp 6nc-'- it 11i SSI Cmt'Se lc_tl'oriS aN S • � X-1 5 , L; 1 . I1 icUSe se :�e_5 S1,Lbr—yj1+cA C1uri✓1� hecsrlrc6 (,Yt cel .1Jjgc) AI SU no-t 0 (i�rYl�liGl low S Gr-)t-r'Cr)cRs Sec_ ,I 3 , --TVNw -rrc% ir'1-. Oltit Lf �tit�iC�1 bpty-crrz-� -th¢, Se%te-m �cfrr , i5 , f10T CSS 6 CkCxtt c�1. Ce Ta d -e.S cxb l 41rn�T1 peb 015t (DrOply, I Orris 7 ' —�, 2- � . G Ckr10 7, 6 �b L- 1pile-r rr� a �d S Ic ,2 .30 . �ISb eQoeS nc,� CUr-IPICA LJrtk Q!. —T*Iuzre_ are. Y)6 c�cc ess;�t t rarxsz_ c thi S 0t L iC. -Rv,c_; I;tv . - - ,L ev--rWrArce_�, 1�t 2CsG11 InG�L bbS� �� Ccr �-rr C "(-LI( "tn I lU t^Cli ( i �� F'Iec�Svc� NOTE: Separate forms are available for complaints on Curb Cuts, Handicap Parking Spaces, Public Telephones and Housing. Please call the office and request one or more forms. OPTIONAL INFORMATION The following information is optional, and your complaint will be processed regardless of whether or not the information is provided. However, you should be aware that the less information that is provided, the longer it will take this office to process your complaint. a. Name and address of building owner or manager: b. The Board only considers complaints with respect to buildings which are: 1.) constructed by the state, city or town, and construction, reconstruction, alteration or remodeling occurred after December of 1968; or 2.) privately financed buildings that are open to or used by the public and construction, reconstruction, alteration or remodeling occurred after June 10, 1975. The following information may be obtained by contacting the local building department DATE BUILDING PERMIT(S) WAS ISSUED: ESTIMATE COST(S) OF CONSTRUCTION: c. The assessed value of the building will determine the extent that a building must comply. You may obtain the assessed value of the building by contacting the local assessor's office: ASSESSED VALUE OF THE BUILDING AT TIME PERMIT WAS ISSUED: 6. N e and address of pp,@rson/organization filin this complaint: c— j�irl reCJOC' TEL:ci "7 �II - cam 7 ] (if organization is filing, p1base provide the Board with the name of a contact person) 7. Signature (required): /L > a 4 .. .. .. YDS._ }K y-rs✓rte-. H.a.xj�A y��E ��L �. n.�,�i ail Yr,✓ � � 4 �¢�i""%'E� �. (M�-�- �a , �� 184 West Central Street Boume COflsUlllftg Effgffleeting - Franklin, MA 02038 Ronald R°Bourne, P.E. - President Tel. (508) 528-8133 Fax (508) 520-6671, e-mail: bce@bournece.com . November 16, 1998 Town of Salem. Zoning Administrator Town Hall One Salem Green Salem,MA 01970 RE: GOLDENEYE CORP.,(BCE:98204) Subj: Commercial Boat Terminal -Chp 91 License > . Dear,Mr. Chairman: Goldeneye Corp of 4 Blaney. Street is currently seeking a Waterways License;.BRP WW 01 to license a 100'x60'pier with a 155'x15' walkway,,barge with double gangways and ramping system,timberdolphins,. 1880sf of floating dock with a 60'x40' terminal building and parking area for'203 cars. One requirement of said license is for the Zoning Administrator to verify that the project is in conformance with local zoning regulations. As proof of compliance forms has been enclosed for signature. Please find enclosed one complete copy of the Waterways License Application. Please sign the attached sheet and return it in the enclosed stamped envelope at your earliest convenience. If,you have any questions or need additional information, please do not hesitate to contact me. . Very truly yours, BOURNE CONSULTING ENGINEERING I Ronald R.Boume,,P.E. Encl. cc:>. `Bob Blair Goldeneye Corporation - 136 ? 17 lWassaclausetts Department of Environmental Protection For u,e e,ry I I _ Permit Na Transmittal Transmittal Form for Application ! Neceivea Date ; Reviewer- ..- and Payment Permit Appr Denied Decision Date ,. - -.. Facility ID(it known) Application Information B R P W 'W 01 INSTRUCTIONS Permit A mval or Other Cale or seven character codefrom the from theliml page of the directions on How to AOPly).Examples.BWPA001,BRPWPOl,etc. 1.Please type or WA°�E RWAYS Li NSE f print. Use tela Cal At FIXED PIERS AND HANDICAP ACCESSIBLE FLOAT FOR COMMERCIAL BOAT SERVICE separate Transmittal „ Form for each Brief _._...- -.__..-__.._ ___-__ _....- Projecl0escriplion application. 2.Use an original, Applicant or Legally Responsible Official - 3-part Transmittal - - Formforeach GOLDENEYE CORPORATION application. Last Name First Name Middle Initial Photocopies will not 4 BLANEY STREET - be accepted for any ------ _..-.__ __._. _.-- ......... _-_-. -_-. application or Address payment.(You may SALEM MA 01970 ( 978) 744-3800 ; use photocopies for Cily/lowa Stare - Zrp Code Telephone Number(including area code and extension) reservelocation, BOB 3LAIR where applicable.) — - ____.__----- -_--.__-.. . .-.-.-_— Contact 3.Make check 'Iff payable to Facility, Site or Individual:Requiring Approval Commonwealth of SALEM FERRY Massachusetts. Please mail check (NJ rr�alF��( g R �1ya 4a tSLHN9�YneJrludrvttT and yellow copy of Ili - Transmittal Form to: Department of S�LSEf4, MA 01970 978 ,744-3800 Environmental 8ml, r Protection, Cdy/Town Stale Zip Code Telephone,9umber(including area code ande#en Sion) P.O.Box 4062, Boston,MA,02211. Application Prepared By (if different from section B) 4.Both fee exempt BOURNE CONSULTING ENGINEERING and non-exempt - -._.-.---- ...- ------------- _---. ...... _-__-- ---------....._ - applicants must Last Name First Name Middle Initial mail yellow copy of 184 WEST CENTRAL STREET Transmittal Form to: Address Department of FRANKLIN MA 02038 , 508j 23 $133 eXt Environmental ---._..:._._. ...-..:..- -__ -------- ------..._......-...._.-.. Protection, Cdy/Town state Zip Code Telephone Number(including area code and extension) P.O.Box 4062, RONALD R. BOURNE., PE ....... .............. -.._ ... Boston,MA,02211. CnContactLSPNumher(ror2lEonly) Dther Related Permits. 11 you ae zpplying for other permits related to this application,please list them below. r: i r ACOE ARt,Y CORP PERMIT , NOI - LOCAL CONSERVATION APPROVAL I Amount Due -- - ----�- Special Provisions: 1-1 Fee Exempt` (city,town,district,or municipal housing authority) (state agency if permit fee is$100 or less) Ci Hardship Request(payment extension according to 310 CMR 4.04(3)(c) . [:I Alternative Schedule Project Requast,(according to 310 CMR 4.05 and 4.10) There are no fee exemptions for 21E sites, regardless of the applicant's status. 1057 100 .00 11/12/S8 Check No. Dollar Amount$ Make check payable to Commonwealth of Massachusetts. Please mail check and yellow copy of Transmittal Form to: . Department of Environmental Protection, P.O. Box 4062, Boston, MA,02211 WHITE:must accompany application YELLOW:must accompany payment PINK;retain for your records Rev 7/94 Massachusetts Department ofEnvironmentat Protection 136317 Bureau of ResOurce Protection- waterwa ram s Pro ....................... • y 9 rTansmittalA' BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit General waterways Application see Project Information instructions on t page 1 before 1. Which permit category are you applying for? 7. Project/Activity description: completing F.XBRP WWo1 CI BRP WW 03 INSTALLATION OF A 100' x 60' PIER WITH 155 '. sections A-D of x 15' WALKWAY; 100' --x- 40 -BARGE 'WITH....-..-. this form DOUBLE GANGWAY AND RAMPING SYSTEM, TIPI6ER DOLPHIN, 1880 1 SF O-F--F-LOATI-NG---DOCKS.,.-.-3....GANG- 2. Applicant: WAYS, 60 ' x 40' TERMINAL BUILDING AND 203 GOLDENEYE CORPORATION PARKING SPACES FOR---COMMERCIAL BOAT-..S-ERVICES . .......... _ ......... Narne 4 BLANEY STREET -- ------ -----------_-.. M,rhn Address SAL E�1, MA , 01970 8. Description of existing and/or proposed use(s): ---- Clr/ro r sere zipcod� CURRENTLY A TEMPORARY FLOATING FERRY 978-/44 3800 --__-- _.--..._ -._......_ _-.._. FACILITY- I-S--AT THE_SITE:---PROPOSED---- Telephone(home) (wore) FACILITY FOR COMMERCIAL BOAT SERVICES ., 3. Authorized agent(if any): BOURNE CONSULTING ENGINEERING Mine 184 WEST CENTRAL STREET nddiess 9. Is this project FRANKLIN, MA 02038 )j water-dependent? ❑ non water-dependent? City/Town sure Zip Code - 508-528-8133 phone CONTACT: RIINAED R-BQURNE-- 1o. What is the approximate total cost of any proposed work (including materials&labor)? 4. Property information (all information must be provided): SAME AS ABOVE ---------- oworrname(If dinernnrromappricarn/ 11. List the name and complete mailing address of each abutter MAPO04/PARCEL 278201202 (attach additional sheets, if necessary): lexAssetsa-'s Map andV8ice1Number - - FOOT OF BLANEY STREET SEE ATTACHED SHEET _._.._., .........._. ...-.......---- (acarian(elraV,d(1ress) SALEM ESSEX - CIVTown county 5. Name of the vrater.body: . SALEM HARBOR 12. "(have attached project plans in accordance with the instructions contained in...": ❑ Appendix A(for Permit applications) 6. The water body at the project site is: w (check 1 or more of both a&b) X'1 Appendix B (for License applications) a. X Tidal 17 Filled Tidelands ❑ Great Pond Appendices A-B begin on page 6 of this Application ❑ River/Stream ❑ Uncertain Package. b. 'XJ Natural I_I Man-Made Ll Uncertain - Rev.2/97 Page 2 of 8 Massachusetts Department ofEnvironmenta/Protection 136317 Bureau of Resource Protection- waterwa s/-/-09/-8m y � Iransmittal;Y BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit Genual Waterways Application Certification tf All applicants, property owners and authorized agents must sign this page. All future application correspondence may be print clearly all Please type osigned by the authorized agent alone. information provided on this form. "I hereby make application for a permit or license to - dppbcanlssmnalum authorise the activities 1 have described herein. Upon my signature, I agree to allow the duly authorized representatives ........ of the Massachusetts Department of Environmental Protection Date and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times for the purpose of inspection. propowy Olwor.'s�ignvior.(il(lillcmrx N1717applicanl) "I hereby certify that the information submitted in this - application is true and accurate to the best of my knowledge." russ�,�n��hrr�l( G�f 1 NAL 6R OURNE, PE aIle 11%05/S8 Waterways Dredging Addendum 1.. Provide a description of the dredging project. N/A .... 2. What is the purpose of the dredging? 3. What is the volume (cubic yards) of material to be dredged? - - 4. -What me.U1od will he used to dredge? - 5. Describe the disposal Method that will be used and give the disposal location (include a separate disposal site.location map): Rev.2/97 - Page 3 of 8 - Massachusetts Deoartarent Offnvironotent.i Protection 136317 Bureau of Resource Protection- -ro,.ram Waterways 7 Transmittal x BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit Geneial Waterways Application Municipal Zoning Certificate f Please type or Goldeneye Corporation _ print clearly all Milne oTapplicant _ information provided on 4 Blaney Street - this form. P!ojectslreeta(Oress Salem, MA 01970 QrAown —_— Salem Harbor ..... — -- Oesciiption ofproposed use orchange m use Installation of a 100 ' x 60' pier with 155' x 1.5 ' walkway, 100 ' x 40 ' barge with double gangway and ramping system, timber dolphin , 1880 sf of floating -.......... docks , 3 gangways , 60' x 40 ' terminal building and 203 parking spaces for commercial boat services . gg } 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." piing Name oTMunicipal OT{lciel Sigoalure oTMunicipal DTOcial .........:... -...-............. ..........-......- ..................... ........ Title QKgom ._.......- ._..........- .. .............. ..........._ ... .._.-------.---- ................. ......-....:. .. __... .......-. ...-.... Date Rev.2197 page 4 of 8 Massachusetts Department of Environmental Protection 136317 Bureau of Resource Protection— ram Waterways Pro y 9 rransmlttal 1X BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit General Waterways Application Municipa/Planning Board Notification Please type or print - f clearly all Goldeneye Corporation tion provided on this form. Name o/applican! Notice to Applicant. 4 Blaney Street _ This Municipal Planning Board - Notification section must be submitted Salem, DIA 01970 along with the ---- ------ ----_.__.._._ __.__._...._. ____..... original application City/Town materials.If it Salem Harbor cannot be signed by the appropriate walmy ------------- ---- ---- municipal official at the time of delivery, the applicant should -..-.....:._ .. _-_._-_ __....__. ......:...____ _.._.. __. ._. _.. .............. ....... wait until he or sho _ Ocscnplion MrynposndusC.orchangC in um receives the Installation of a 100 ' x 60 '. pier with 155 ' x 1'5 ' walkway, 100 ' x 40 ' barge executed signature __._._ _ _________—_—_ - ,. before submitting with double the completed gangway and ramping system, timber dolphin, 1800 sf of floating application package —"--------"-- to°eP. docks, 3 gangways , 60 ' x 40 ' terminal building and 203 parking spaces for commercial boat services . To be completed by municipal clerk or appropriate municipal official: "I hereby certify that a copy of the completed waterways license application and plans described above was submitted by the applicant to the municipal planning board." Print Name signalWe of"I mcipal Official - Title _........_..._ ....-- -----—- Cily/rowrr ............ OdlC Rev.2/97 Page 5 of 8 PROPERTY ABUTTERS MAP LOT SUFF PROPERTY ADDRESS PROPERTY OWNER MAILING ADDRESS P.O. Box 366 41 0278 201 0010 Blaney Street Thomas Mackey & Sons, Inc. Salem, MA 01970 New England Power 25 Research Avenue 41 0271 201 0024 Port Avenue Attn: Property Tax Dept. Westborough, MA 01581 5 Rue Du Mont 41 0275 0081 Derby Street Draczak, Jean Pierre 93880 Epinay, Sur Seine, France 36 Dearborn Street 41 0276 10083 Derby Street 85 Savickey, Richard E. Salem, MA 01970 HDET Realty Trust P.O. Box 366 41 0277 0605 Blaney Street Mackey, Daniel, Jr. Tr. Salem, MA 01970 Veterans of Foreign Wars 95 Derby Street 41 0279 0082 Blaney Street Witch City Post 1524 Salem, MA 01970 VFW of the United States, Inc. 95 Derby Street 41 0281 0091 Derby Street Witch City Post No. 1524 Salem, MA 01970 McLaughlin, Micheal A. 3 White Street 41 0282 201 0001 White Street Chuber, Claudia Salem, MA 01970 10 White Street 41 0283 0010 White Street Hawthorne Cove Marina Inc. Salem, MA 01970 10 White Street 41 0284 0008 White Street Hawthorne Cove Marina Inc. Salem, MA 01970 Dunn, Jerome F. 6 White Street 41 0285 801 0006 White Street#1 Dunn, Rosalyn G. Salem, MA 01970 Arena, Jessiac J. 6 White Street 41 0285 802 0006 White Street#2 Arena, John M. Salem, MA 01970 6 White Street 41 0285 803 0006 White Street#3 Keefe, Maureen A. Salem, MA 01970 Naranjo, Carol 6 White Street 41 0285 804 0006 White Street#4. Martin, Sandy J. Salem, MA 01970 Smith, George L. 6 White Street 41 0285 805 0006 White Street#5 Holtgren, Stephen F. Salem, MA 01970 Jordan, Alice M. 97 Derby Street 41 0286 0097 Derby Street 99 Jordan, Delores T. Salem, MA 01970 V ATTACHMENT OCT.18.1999 10:47AM NO.234 P.1.110 t COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMfiNTAL AFFAIRS DEPARTMENT OF ENvatowwrAL PRoTB mN SOMPOLICAN BOSTON•NORTSEAST REGIONAL OFFICE -ARGEO PAUL CBLLUCCI '' BOB DURAND Govermr $artery ]ANE SWU7 LAUREN LISS Lleoteeat¢Govemor Commla+anir NERO FACSIMILE TRANSMITTAL FORM DATE /d la/ 99l TO: Company: HaLL44c/ V Cee bMrlta. Contact Name: 13,165 Phone : FAX PHONE # ( q`t8 ) -440-gg94 COMPANY PHONE # ( ) FROM: DEP Division: Contact Name: Jail PNVc11CLtl Phore: COMMENTS: TRANSMITTAL FORM plus pag4 (s) To report transmission problems, call Mike at (978) 661-7714 Fax Number for NERO - (978) 661-7615 Me Lowell St• Wilmington,Maach"WN 01887• FAX (e78)661-7616 • Telephorm (978) 881-7600 - TDD N(TM)8B1.7M OC7.18.1993 10:48AN 110.234 P.2110 ClvIMONWEALTH OF MASSACHUSETI-ar EaECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTNMN'T OF ENvmoN IENTAL PROTECTION .206A Lowell St., Wilmington,MA 01687 (918) 661-7600 ARGEO PAUL CELLUCCI BOBDURAND -Gowmor '^ Sccra:ary JANE SWWT LAUREN A.LISS Lieussnam Governor Commissioner SEP 2 8 1999 Goldeney Corporation c/o Bourne Consulting Engineering 184 West Central Street Franklin, MA 02038 RE: Chapter 91 Written Determination Waterways License Application No. W99-9152 Salem Harbor in Salem,MA Dear Sir(s): I am pleased to enclose the Written Determination,pursuant to M.G.L. 01,sec.IS,for the referenced project This Written Determination has a twenty-one (2 1)day appeal period from the date of issuance. Please review Section VII of the Written Determination,."Notice of Appeal Rights",for who may appeal and how such an appeal must be filed. The Waterways License for the project can be issued upon completion of the appeal period,assuming no appeal is filed. If you have any questions,please contact Jill E.Provencal at(978) 661-7778. cerely, SzP Section Chief Wetlands and Waterways Program cc: Robert Blair,c/o Goldeneye Corporation,4,Blaney Street, Salem, MA 01970 Lois Bruinooge, DEP/Boston, 1 Winter S4e k 6h Floor,Boston, MA 02108 Gregory Carraiiello, DEP/Boston, 1,Wintir'Street,6t°Floor,Boston,MA 02108 Salem Mayor and City Council,City Hall, Salem, MA 01970 Salem Conservation Commission,City Hall, Salem,MA 01970 Thla int manan V OVAlble to ahnraato Pornat b7 W Oag aur ADA Coordimbr at(617)574.6M 206AL048118t WktsnQlon,MA01877 • Phone t,076)edtaeCO • Fu(878)a41a916 • TRX(9e)ee1-7678 Pnnted on R6C)gad paper OCT. 18.1999 10;48AM M0.234 F.3%10 Brian Valiton,ACOE,Regulatory Division, 696 Virginia Rd, Concord,MA 01742 Peter D. Colosi, c/o NOAA,One Backburn Drive, Gloucester,MA 01930 Walter B. Power, Salem Planning Board, City Hall,Salem,MA 01970 Salem,Zoning Board, City Hall, Salem,MA 01970 William Whooley,Harbormaster, Winter Island, Salem, MA 01970 Peter Victory, 8 Lee Street s-Salem,MA 01970 Heidi Milman, 109 Derby Street, Salem,MA 01970 Kristine J. Clleetham, 50 Webb Street,Salem,MA 01970 John and Jessica Arena, 6 White Street,Unit 2, Salem,'MA 01970 Russell Vickers, c/o Hawthorne Cove Marina, 10 White Street, Salem,MA 01970 Carol Naranjo, 6 White Street,Unit#4, Salem, MA 01970 Michael McLaughlin and Claudie Chuber,3 White Street, Salem,'MA 01970 Delores and Alice Jordan,,97 Derby Street, Salem,MA 01970 David Bystrom, 42 Turner Street, Salem, MA 01970 Douglas Haley,43 Turner Street,Salem,MA 01970 Richard Pabick, 35 Winter Island Roach,,Clem,MA 01970 Annie Harris,c/o Salem Port Development Corp,6 Central Street, Salem,MA 01970 Stephen Huhgren,6 White Street,Unit 45, Salem, MA 01970 Maureen Keefe, 6 White Street,Unit#3,Salem,MA 01970 Deborah'Luskey, 94 Derby Street, Salem,MA 01970 Priscilla Lord, 33 Carlton Street, Salem,MA 01970 George Smith, 6 White Street,Unit#5, Salem,MA 01970 OC7.18.1999 10:4eAM NO.234 P.4/10 CbMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 6 DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office A@Gso PAUL c3uucct . Gevetror " BOB DURAND scan y TAM 9R7PT Ltaute=Governor LAUREN LISS Commissioner DIVISION OF WETLANDS AND WATERWAYS WATERWAYS REGULATION PROGRAM DETERMINA'T'ION FOR ISSUANCE OF A WATERWAYS LICENSE FOR A WATER-DEPENDENT USE OF TIDELANDS PURSUANT TO M.G.L. C. 91 AND 310 C.M.R 9.00 1. PROJECT REFERENCE: Goldeneye Corporation on Filled and Flowed Tidelands 'of Salem Harbor, Salem,MA Waterways Application No.W99-9152 1. PROJECT DESCRIPTION: Goldeneye Corporation(hereinafter the "Applicant")requests authorization pursuant to M.G.L. Chapter 91 of 310 CMR 9.00 to construct and maintain a 100' x 60' and a 150'x 5'pile-held piers;a 50'x 5',two 35'x Tand a 65'x 5' ramps;two 10'x 10' platforms;eight(3) 10'x 20',two(2) 10'x 30',an 8'x 40' and an 8'x 20' floats; a 100'x 40' barge;one seven pile dolphin cluster,a 203 space parking lot;a 40'x 60' building and to,repair an existing seawall. The Department of Environmental Protection Waterways Regulation Program(hereinafter"the Department")has jurisdiction over the proposed project because it constitutes new construction on filled and flowed Commonwealth tidelands of Salem Harbor. III. DEPARTMENT'S DE TERMINATION OF WATER DEPENDENCY: The Department has determined that the use of filled and flowed Commonwealth tidelands Within Salem Harbor for a waterborne transportation facility, such as those serving ferries,cruise ships,commuter and excursion boats,and water shuttles and taxis is considered a water dependent-industrial use pursuant to 310 CMR 9.12(2). The parking area has been determined to be accessory to a water- dependent use pursuant to 310 CMR 9.12(3). n.crefore,the application has been processed as a water-dependent use project. This information is available in aitornate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington,MA 01887 a Phone (978)661-7600 a Fax (978)661-7615 a TDD H(978)661-7679 F*Wd W R04VM Pow . 0C-.13.199? 10:49RN N0.234 P.5i10 Waterways Application No.W99-9152 Written Detennination Page 2 IV. DEPARTMENT'S SUMI►fARY A) Chapter 91 Licensing History The Department's historical plans and Chapter 91 Waterways licensing records show that four licenses have been issued for activities on the project including: DPW License#s 174, 174x, issued October 25, 1921 and 4548,issued January 16, 1962; and DEP License#4916. These licenses authorize the placement of fill,riprap and the construction of a seawall. Based upon review of this information,the historic high water mark is located at the seaward end of White and Blaney Streets. B)MEPA Review The proposed project was reviewed under the Massachusetts Environmental Policy Act(MEPA) EOEA File 411860, The Secretary,of Environmental Affairs,issued a Certification on February 12, 1999 finding that an Environmental Impact Report was not required. C)Public Notice and Hearing The Department sent notice to the Applicant in accordance with 9.13(1)(a)on January 26, 1999, The Mayor of Salem requested the Department conduct a public hearing on the application pursuant to 9.13(3)(a). A notice was published on March 22, 1999 in the Salem Evening News for the public hearing,which was held on Wednesday, March 24, 1999 at 6:30 P.M.at.One Salem Green in Salem. The public hearing was attended by Salem City Counselor Peter Paskowski,Salem Conservation Commission representatives Paul Orr and Steve Dibble,Robert Blair of Goldeneye Corporation, Ronald Bourne of Bourne Consulting Engineering,member's of the public and representatives of the Department. After a brief introduction by the Department,Mr. Bourne made a short presentation describing the construction of a 100' x 60' pier with 155' x 15'walkway, 100'x 40' barge with double gangway and ramping system,timber dolphin, 1880 sf of floating docks, 3 gangways, 60' x 40'terminal building and 203 parking spaces for commercial boat services. He explained that the application proposed 203 parking spaces,but had been downscaled to under 200 spaces with possibly further reduction due to site drainage and design changes to conform to DBP Storrnwater Management Policy. He also added that the water and sewer connections for the terminal building would tie into the municipal system. At the close of the presentation,the Department received.oral testimony from those present who wished to speak, Peter PaskowskL City Counselor,spoke supporting the project and explained that the planning department was in the process of studying the potential impact of traffic on the neighborhood. Steve Dibble and Paul Orr from the Salem Conservation Commission spoke addressing the Notice of Intent that was presently before the Commission They explained that the Commission had recently sent a letter to Goldeneye Corporation requesting further information. Their request included questions on topography and grading,impact of boat wakes, pCT.19.1999 10:50AM N0.234 ?.6.'10 Waterways Application No.W99-9152 Written Determination Page 3 stormwater management issues, curbing issues,dust control, fueling,and implementation of BMPs. Many local residents from the area'also spoke. Their main concerns centered around the potential increase in traffic along DerbyiStreet and White Street,how this project was going to affect the City of Salem's proposal under the Salem Harbor Plan to obtain this site for the new Salem Wharf and asked that the project parameters be defined to address how many and what kind of boats and services were going to be located on site and what,if any,impact would they have on navigation. In a letter, dated April 1, 1999,the Department asked the proponents to provide further information regarding the number of vessels that would be utilizing the site,the services that would be provided,the number of trips each vessel would be taking,the average size of the vessels, and proposed uses within the ferry temrinal building. Robert Blair,of Goldeneye Corporation;responded to questions by stating that he has been. involved with the development of the proposed Salem Wharf since,it's conception and supports the revitalization initiative of the harbor,, He believes that the Blaney Street site is an ideal location to provide the community and tourist trade access to ferry services,whale watches and harbor tours. He proposed this concept as an"interim step", since tf,e Salem Harbor Plans' . schedule for development was dependent on the acceptance of the plan by the Secretary of ' Environmental Affairs,funding availability and resolution of any outstanding issues. He explained that he has been in negotiations with the City relative to the potential development of tee Blaney Street site in accordance with the Salem Harbor Plan. Robert Blair responded to the request for information on April 6, 1999. In his letter he indicated that the facility would potentially support a Salem-Boston Ferry Service with 4 daily round trips, a harbor excursion service which would run on an hourly basis,whale watch tours offering 2-3 trips a day and regional ferry services with connections to Provincetown,Nantucket, Gloucester, Manchester and Marblehead, They would also make the facility available to visiting vessels such as,sailing schooners,historic replica vessels,naval vessels and cruise strip support. Mr.Blair explained that not all of the vessel services would be operational for the first season, but would exist on some level by the second season. The average vessels size would range between 100-120 ft.with capacity averaging 149-220 passengers. He stated that the facility as designed would not interfere with ships turning in the Salem Harbor Station power plants' basin. To follow up on the navigation issues the Department contacted William Whooley,Salem Harbormaster on March 31, 1999. In the opinion of Mr. Whooley the proposed vessels would be able to safely navigate in the channel with other boat traffic and that the facility,as proposed, would be able to support the four large vessels. The ferry terminal building would consist of a 40' x 60'modular building supported on temporary"sonotube"foundation pillars. The building would provide ticketing services,public rest rooms, storage and concession sales. OCT.18.1�?9 1© 50aN N0.234 ?.7i10 i Waterways Application No.W99-9152 Written Determination Page 4 Mr.Blair further explained that the proposed parking area would be kept as a gravel surface while areas of high traffic and handicap spaces would be paved. Lighting would be provided on site as well as appropriate signage directing pedestrian flow via the Blaney Street entrance. Currently the White Street entrance is fenced off to prevent vehicles from entering the facility from that meet. Mr,Blair contends dWII this entrance would only be used on a restricted basis. D) Other Approvals The Salem Conservation Commission isl'sued an Order of Conditions on July 9, 1999 conditionally approving the proposed project(DEP File No.64-295) I Vr DEPART'MENT'S DETERMINATION PURSIVAUNT TO CHAPTER 91 i On the basis of the foregoing analysis,the Department will approve the proposed.structures and . uses.described herein, (hereinafter the"draft license plans"), This determination is glade subject. .. . to the following special conditions to bei carried out by the Applicant (hereinefter the "Licensee'). These conditions will be included,in substantially the form Provided below,with .. the prospective Chapter 91 Waterways license to be issued pursuant hereto along with the standard license conditions. i i Special Condition#1:The Liceniee shall construct and maintain,in good repair;a pedestrian walkway as described and located on shed 3 of 4 of the draft license plans.' Said walkway shall be a minimum of 8 feet wide,consist of crushed stone or other durable material,made available to the public for all lawful activites 24 hours per day and commence immediately upon issuance of a Ecerise pursuant hereto, I Special Condition#2: 'Ilia Licensee shall impose no limitations on the hours or availability or the scope of activity provided in this license. No gates,fences or other structures which impede or discourage the free flow of pedestrian movement maybe placed in any area open to the public access. *The Licensee may adopt rales governing the publicly accessible areas of the site,subject to prior review and wrktm approval by the Department,as are necessary for the protection of the public health and safety and private property,and to ensure public use and enjoyment by miaimizing cotrflicts betweenpwk groups. No amendment to said rules shall be made without prior written approval by the Department. i Special Condition#3:The Licensee shall place end maiataia,in good repair,a public access sign at the entrance to The facility. Said signs,provided by the Depamnent,shall be posted immediately upon receipt Nothing in this conditions shall be construed as preventing the Ilieensee from excluding the public from portions of said structure or property not intended for lateral passage. Special Condition 04:Any lighting to be located in the parking area,along the public accessway,on buildings or on say other structures licensed herein,shall be designed and placed so as to be unintrusive to the neighboring residential area and to minimize potential interference with navigation upon the adjacent wotemlieet during the evening hours. i i OC'.15.1555 10:51AM N0.234 P.8/10 Waterways Application No. W99-9152 Written Determination Page 5 Special Condition#5:Within 60 days of the completion of this project,but in no event later than five years from the date of license issuance,or any extension thereof,the applicant shall request in writing that the Department issue a certificate of compliance. The request shall be accompanied by a certification by a registered professional engineer license to do business in the Commonwealth that the project was completed according to the plans,specifications, and conditions of the license. The Deparnnentmay conduct a site inspection at any time to determine compliance prior or subsequent to issuing a certificate. The�epertrrent may issue a panni certificate of compliance for a portion of a project if all public benefits associate with such portion htive also been provided. Special Condition#6:The Licensee shall place and maintain appropriate warning devises or other forms of navigaticnal aids,such as lighting as approved or required by the Harbormaster or Coast Guard. Special Condition#7:The Department holds the.right to impose revisions or additional conditions to this license in order to alleviate any si'g'nificant navigational concerns. Spacial Condition#so The Licensee shall proparc a management plan for dust and material control within the project site. Said plan shall be submitted and reviewed by the Department prior to the issuance of a final license, Special Condition 49:The Licensee shall prepare a detailed description and sit;locai:on plan for the conveyance and storage of any petroleum products including a list of methods and equipment to be used for containment and blean-up of any petroleum fuels accidentally discharged into the water,including minor spills during routine operations. Said plan shall be submitted to the Department prior to the issuance of a final license. Special Condition 010!The Written Determination issued hetero,shall retrain valid for up to one year after issuance unless superceded by the final license. Said term may be extended for one or more than one year,provided that the Applicant submit to the Department,thirty(3 0)days prior to the expiration of said tem a written request to extend time term and provides an adequate justification for said extension Special Condition#11; The license to be issued pursuant hereto shall expire five years from the dare of licanse issuance. By written request of the Licensee for an amentlmeut,the Department may grant a renewal for a term of years not to exceed that authorized by the original license. VII. NOTICE OF APPEAL RIGHTS:, A)Appeal Rights and Time Limits This determination is an action of the Department, If you are aggrieved by this action, and meet the criteria of 310 CNIR 9.17,you may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty-one(21)days for the date this determination was issued. B) Contents of Healing Request Under 310 CMR 1.01(6)(b),the request Must state clearly the facts which are the ground for the request,and relief sought Additionally,!the request must state why the determination is inconsistent with applicable laws and regulations. OCT. 18.1999 10;52RM NO.294 P.9%10 Waterways Application No. W99-9152 Written Determination Page 6 In addition,pursuant to 310 C&M 9.17(3),any notice of claim for an adjudicatory hearing must include the following information;the DEP Waterways Application File Number,name of the applicant and address of the project;the complete name,address,and telephone number of the party filing the request and,if represented by counsel,the name,address and telephone number of the attorney and, if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the definition of"aggrieved person"found in section 9.02; a clear statement that a formal adjudicatory heating is being requested; a clear and concise statement of the specific objections to the Department's written determination, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written determination; and a statement that a copy of the request has been sent to:the applicant and the municipal official of the city or town where the project is located. C)Filing Fee and Address Th hearing request along with'a valid check payable to the Commonwealth of.Massachusetts in the amount of one hundred dollars($106.00)must be mailed to: Commonwealth of Massachusetts Department of Euvironmental Protection P.O. Box 4062 Boston,MA 022h At the same time,pursuant to 310 CMR 9.17,copies of the appeal shall be sent by certified mail or hand delivery to the applicant, any other parties to this proceeding, and municipal officials of the town where the project is located. The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. D)Exceptions The fling fee isn't required.if the appellant is a town or municipal agency,county, or district of the Commonwealth,or a municipal housing authority. E) Waiver The Department may waive the adjudicatory heating filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. OCT.38.1599 10 52RM N0.224 0.10. 10 THIS DETERMINATION IS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ON THE 28th DAY OF sEPTEmBER 1999, 4 J s A. Sprague tion Chief lvision of Wetlands and Waterways Massachusetts Department of Environmental Protection 136317 Bureau of Resource Protection— Waterways ProOram rransmrrr BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit General Waterways Application Municipa/Zoning Certificate r Please type or Goldeneye Corporation print clearly all ,vane orievila a ;nfoanation provided on 4 Blaney Street this farm. .ixjeasodxdadress Salem, MA 01970 - C.YYIToxrr Salem Harbor ,'ksmarar a propf sed use v✓unre in use Installation of a 100' x 60 ' pier with 155 ' x 15 ' walkway , 100' x 40 ' barge with double gangway and ramping system, timber dolphin , 1880 sf of floating docks , 3 gangways , 50' x 40' terminal building and 203 parking spaces for commercial boat services . ro 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 or local zcning ordinances and bylaws.' Peter Strout .4iimY.me ---- ----------- ---- Sipu ui.�mncw�CY�ad --' -- Building Commissioner/Zoning Officer rifle City of Salem .ilipmNn ------- 9/21/99 Jac A-13-1999 4:48PM FROM BOURNE CONSULTING 1 SO8 S2O 6671 P. 3 0 M.assacnuseas uepaamenl of uwr/umnenrar r Bureau of Resource Protection- waterways Program t/vnsmrrta/i BRP WW 01 Waterways License or Permit \ ' BRP WW 03 Amendment to Waterways License or Permit General Waterways Application Municipal Zoning Certificate r nrwso;% o, Coldeneye Corporation -,.._.....-__. ------- print clearly early all Nxnx•dapyinraor_,-_....____.--______....__.__.._.—.�._..__—_. information provided on 4 Blaney Street this form. Salem, MA 01970 Salem Harbor wamtry ----------- lkSCYipl0.'r nlLvn/MSM bsr a rlmnft'l r ate Installation of a 100' x 60' pier with 155 x 15' walkway , 100' x 40 barge with double gangway and ramping y y g System, timber dolphin, 1880 sf of floating — --------.. ,_.-------- ---- docks , 3 gangways 60' x 40' terminal building and 203parkingspaces for commercial boat services . r raw'• :.a +n.m s••• t\u 'sN .r,�. t. v;tla.�. :a., n. .:..'F•Avly.'R�,.. #a�1�C'� A r . .;, .... . .. 7o be completed by rRunicipal 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' l>iill Nnrx 0(M�nri[ilLll(Nllfr rt ' SitfLlNCo/rAUM'lµ+l0//irrel ......-..-' lila r,(ynn»n lbHt Pape 4 of 8 Rev.2197 w, Marine Terminal Building West Side View 3 Salem Ferry Landing Marine Terminal Building East Side View Salem Ferry Landing s, Marine Terminal Building South Side View V Marine Terminal Building North Side View The Commonwealth of Massachusetts MFS ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR September 9, 1999 Owner/ Manager Boston Harbor Cruises One Long Wharf Boston, MA 02110 RE: Salem Ferry Blaney Street Salem Dear Sir/Madam: On July 20, 1999 you were notified of a complaint filed against you with respect to alleged violations of the Board's Rules and Regulations at your premises. Attached is a copy of the original notice. To date, we have not received a written response. If you do not respond within ten (10) days of receipt of this letter, the Board will schedule a hearing for you to appear on the complaint. You should also be aware that the Board has the authority to impose fines of up to $1,000.00 per day per violation for any person found in willful violation of the Board's orders. Si cerely, DeborahA. Ry�n C Execut e Director c � ocal Building Inspector Local Disability Commission Independent Living Center Complainant to The Commonwealth of Massachusetts 1 --- ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 Li. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR TO: Local Building Inspector Independent Living Center Local Commission on Disability Complainant FROM: brchitectural Access Board i DATE: Enclosed please find a copy of the following material regarding the above location: G _/Application for Varia nce Decision of the Board V Notice of Heari _ :r:— /�j/(l Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which would assist the Board in making a decision on this case, you may call this office, or you may submit your comments in writing to the above address. Thank you for your assistance. c� The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-600-628-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR CANCELLED FINE HEARING NOTICE RE: Salem Ferry ,Blaney Street, Salem You are hereby notified that the informal adjudicatory hearing scheduled before the Architectural Access on Monday, August 23, 1999 at 2:15 p.m. has been cancelled. The hearing was being held to determine whether or not your noncompliance with the Board's order of June 28, 1999 was without justification and if so whether or not to impose fines of up to $1,000.00 per day per violation. By letter of July 22, 1999, Assistant City Solicitor John Keenan advised the Board that neither the City of Salem nor the Commonwealth is an any way subsidizing or running the ferry. Mr. Keenan further stated that the City of Salem has no contractual connection to the ferry at this time. Further, City stated that the facility that was granted a four month variance from the Board was borrowed from Massport and has since been removed. The Board has notified the new operator of the Salem Ferry of reported violations of our regulations and will continue to communicate with that entity. ARCHITECTURAL ACCESS BOARD Date: July 29, 1999 Chairperson -" '%• cc: Independent Living Center Local Building Inspector Local Disability Commission Complainant co Citp of *alem, 41aq;!5arbu.ettg . t Public Propertp Mepartment 313uilbing Mepartment One¢balem Oreen (978) 7459595 (Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer 7/9/99 Goldeneye Corp. 4 Blaney St Salem,Ma. Re: 10 Blaney St. Dear Sirs: We are in receipt of a letter from the Massachusetts Architectural Access Board in regards to your inability to comply with the handicap access code CMR 521 and their order to stop this facility immediately. You need to respond to this and either remedy the situation or stop immediately. Please contact this office In writing with your intentions. I would also bring to your attention that you have not applied for any permits or approvals from this office or any other department in the city and feel you need to address this issue as well. Sincer Peter Strout - - t r CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN -City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street Salem, Massachusetts 01970 60 Washington Street Tel:978-741-3888 Tel:978-741-4453 Fax:978-741-8110 Fax:978-740-0072 VIA FAX & FIRST CLASS MAIL: 617.727.0665 July 22, 1999 Commonwealth of Massachusetts Architectural Access Board Gary Rhodes, Chairman One Ashburton Place Boston, Massachusetts 02108 RE: "Salem Ferry" Docking Facility Dear Chairman Rhodes: I am writing in response to both the Board's Decision of June 28, 1999 and the Fine Notice Hearing of July 14, 1999. I hope to clarify issues pertaining to the "Salem Ferry." First, I must apologize as it appears that the City of Salem failed to withdraw its application for variances at the proposed Shetland Park site in a timely manner — or for that matter at all. To that end if there is any further question pertaining to the City of Salem's request for access variance(s), please accept this corresponding as withdrawal of same. Although similar to last summer, this summer there is also a ferry running from Blaney Street called the "Salem Ferry." This year, however, neither the City of Salem nor the Commonwealth (EOTC) is in any way subsidizing or running the ferry. Indeed, last year's ferry experiment worked as one would hope. EOTC primed the pump of private enterprise. This year's"Salem Ferry" is completely a private endeavor. Goldeneye Corporation, owner of the Blaney Street parcel has a contractual agreement with a private ferry service provider. The City of Salem has absolutely no contractual connection to the ferry at this time. Page Two of Three July 22, 1999 Chairman Rhodes RE: "Salem Ferry" Certainly, the City of Salem encouraged this development and the continuation of a ferry service from Salem, but we are pleased to report that no more public money is being spent on the ferry. We do fully support the continued operation of this facility. Regarding the access issues and request for variances, the City of Salem of Salem removed all of last year's docking facilities from the Blaney Street location. Last year, we had a license to use the property for the four-month experiment. We borrowed docking facilities from MassPort. All of that was removed. The docking facility now in place at Blaney Street was installed by Goldeneye and its ferry service provider (also different from last year). Thus, the City of Salem is not (and certainly would not) operating the "Salem Ferry" in violation of last year's Order issued July 1, 1998 for variances to run the temporary ferry. That variance expired November 1, 1998. The City of Salem has not operated a ferry since that time. Unquestionably, we agree that the ferry is a substantial benefit for persons with disabilities to have access to. Indeed, it is pleasing to read the testimony of Ms. Robin Kellett that the ferry is more accessible and easier for people with disabilities to get to Boston this way than the train because of the platforms at the Salem train station. We also agree that is unacceptable to exclude persons with disabilities from enjoying the same experience. To that end, City Building Inspector and Code Enforcement Officer Peter Strout will immediately inspect the new landing facility at Blaney Street for full compliance with 521 CMR I understand your decision of June 28, 1999 was a final order. Based on the above information, I would, however, request reconsideration of same or at least an opportunity to be heard. Again, I have to admit the City of Salem dropped the ball on the failure to withdraw the application for the variance(s). I believe it would be most expedient for all involved to address any access issues outstanding rather than the City of Salem having to pursue an appeal via Chapter 30A. Thank you for your attention to this matter. Do not hesitate to contact my officer with any questions pertaining to this matter. Page Three of Three July 22, 1999 Chairman Rhodes RE: "Salem Ferry" I look forward to hearing from you as soon as possible. Very best regards, — \i\ I I Jo D. Keenan, As i tant City Solicitor Jdk/ m CC. Stanley J. Usovicz, Mayor William J. Lundregan, City Solicitor Peter Strout, Building Inspector Independent Living Center (fx 741.1133) Joseph Correnti, Esq. (Goldeneye) JUL-08-99 03 :38 PM ILCNSCA 978 741 1133 P- 02 The Commonwealth of Massachusetts -45-- ARCHITECTURAL ACCESS BOARD � _=, Ore Ashburton Place - Room 7310 � /'� Boston, .Massachusetts 02708 AgGEO PAUt. CELLUCCI / cov;anoa (617) 727.0660 7.800.828.7222 JANE SWIFT 1-300-828-7222 Li.covEarvoa Voice end TCD 1Fax: (617) 727.0665 DEBORAH A. RYAN ` } 1� EXECVTIVE DIRECTOR �J./ l^ ~ TO: Local Building Inspector Local Disability Commission Independent Lying Center FROM: ARCHITECTURAL ACCESS BOARD RE: A .. P,�� tu4c ; .� CYvLC Date: Enclosed please find the following material regarding the above location: --_Application for variance ✓. Decision of the Board _Notice of Hearing _Correspondence _,Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board is reaching a decision in this case, you may call this office or you may submit comments in wr.ting. JUL—e8-99 03 :39 PM ILCNSCc1 978 741 1333 P. 03 '9 � The Commonwealth of Massachusetts _.- -1 -F ARCHITECTURAL ACCESS BOARD `^ One Ashburton Place . Rocm 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCi covFn,von (517) 727.0566 JANE SWIFT 1-800.828.7222 Voice and TDO _ tr.GovFnNoa Fax: (517t72?•0555 DEBORAH A. RYA,V .xe0urrvr 0!n FC!0Fl DECISION RE: Salem Ferry Docking Facility Project, Salem 1. The hearing was held upon an application for variance fled by X-fayor Stanley Usovicz for modifcation of or substitution of the C0110"•ing s-cc of the Rules and Regulations of the Architectural Access Board: Section 18,(3.3 - Marine snip platforms - gangway will be 50 feet long, Exceeding Inaxintuln length for a 1:12 slope. Section 24.5' -- Gangway will not have amid-handrail bctwcel; 15-20 inches abcvc Section 2.1.5.5 - Gangway handrail will be 2"by 2" which exceeds the :11. nunl allowabic width. Section 24,5.6 - Gang,vay handrail xill be square, not oval. Section 13.12.1 - Unassisted access between the land or fixed Fac iti:v and a Flo-&"" cessc1, with or without an intervening floating structure,shall be Provided. 2. 1-he hc:u•in, Was held on: Monday, lune 21, 1999 3. The fcllowin, persons appeared: Arthur Daiunnult and Rohin Kellen. Independent Living Center of the North Shorc and Cape Ann, h1c. All persons cfferinL, testimony were sworn in by the Chair. ;. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: The Architeettual Access Board sent a Variance Hcarin, Notice by ceniGed mail on May 25, 1999, to ;Mayor Stanley Usovlci (aPillicunt), City of Salem. City Rall. Salem, advising flim of the date. iiwc (11:00 u.r,1.) and location of the hcariml on his variarcc (see clic used). The signed cenificd mail card lvcs returned to !hc Board verifying t1la! tile Novice of Hearing was delivered and signed Cor. Neither the Mayor nor his rctvescntativc appcurcd at the 11:00 a.m. hearing tine to address his variance request t�.r I JUL-08-99 03 :39 PM ILCNSCFI 978 741 1133 P. 04 relative to a Temporary Docking Facility for the Salem Ferry at the Shetltlnd Parr location in Salem. Gary Rhodes the Chairman of the Beard called the hearing to order at 11:45 e.m, whit Ms. Kellett and Arthur Dai,nnault in attendance. By way of background: Craig 11'heeler filed a variance request on lune 12, 1995. The applicant requested Variances from the following sections of the 1996 Rules and Regulations cf the Board: Section 18.13.3 — landings on ramps and slopes and Section 24.5 — Handrails. The City of Salon: requested a four month temporary variance to conduct a demonstration project to test the feasibility of a comm�ner boat from Sal'cm to Boston. To this cud, they needed to construct a Iennperary boat docking facility in Salem at Blaney Street. The information staled that after the four month demorstration proicc!. the ducking facility would be dismantled. On Monday, June 29, 1998, ager reviewing the material submitted the Board voted as follows: GRANT the varlance to Section 18.3.3 for a period of 4 months only. This variance Will expire on November 1, 1998. DENY the variance to Section 24.5 and orders that appropriate handrails be installed on the marine ramp for the reason that compliance has not been proven to be impracticable in this case. (see enclosed 1998 decision issued on Jule 1, 1998) On May 7, 1999. a variance application %vas fled by Mayor Usovicz requesting anetiler temporary variance to conduct a demonstration project to test the feasibility of a commuter boat G-oll, Salcn; to Boston at Shetland Park in Salent. \1r. Daignault and Ms. Kelielt asked the Board to allow•:hcnt.io present their infonnation to the Board. Ms. Kellett stated that the decision issued by the Board on ,uly 1, 1995 for the Temporary Docking Facility at :he Biaticy Street location expired November 1, 1998. Ms. Keller. stated she is aware of:he current variance application before tine Board for a Temporary Docking aciliry at another loca!ion, Shetland Park. Ms. Kellett subtr,itted a newspaper article from the .lune 6, 1999 Boston Globc entitled. "Limited ferry runs are back in Salen;". The article stated that the ferry serwicc is expected to begin this n:ontit (hute), makinL four trips to Boston from Salcm. Further, it sated !hat the City 0!,S;dcnn has agreed to cotuintte tae run front Blancy Street site. 'vis. Kellett stated her information is that the Salent Ferry resumed service June 19, 1999. Ms. Kellett stated the ten:poran variance granted by the board expired on November 1, 199S, and it is her understanding to resume the service from Blancy Street, the City was required to submit another variance request for that site. ,Ms. Ke11cn stated with respect to the current varim:c rcC,uest, the Boars already acted on the handrail issue last year by denying the request. Ms. Kellett asked how many years can a demonstration be lemponary, bcfere it is permanent. Ms. Kcllctt noted a project filar is lemporary ora dcntcusiration is stili required to meet access requirements. Ms. Kelteu stated she sees z substantial benefit for persons with disabilities to hart access provided to the Sulcm Fcny. Ms. Kellett stated she personally used the fcn-y sen icc several times last ,year. Ms. Kellett stated she wiutcssed many persons with disabilities or, the f rry, JUL—o8-99 o3 :4E, PM ILCNSCA 978 741 1133 p, og i.e., persons using v:hecichairs, mobility aids, going to Boston Ms. Kellen stated it is a easy way for persons with disabilities to get into Boston fell-, Salem, it is more acccssib!c than by train, because oFtlle v.'ay the platfontls arc in the Salem Station. BOARD DECISIDN The Board first finis that the proper notification was given; by certif ed mail, to Mayor Usovich of the date, time and location of the hearing on his variancerequest. Tile Board finds no request was received front Mayor Usovich to withdraw the variance or continue the hearing to a later dale. The Board finds, based on the (estimeny Presented there is a substantial benefit for persons with disabilities to have access to tite Salem Ferry, to enjoy the same experience of a ferry excursion to and front Boston, as non-disabled persons. The Board finds, based on the testimony, that persons lvith disabilities used the ferry last Year, and it is unacceptable to exclude persons with disabilities from enjoying [liar same expericnce: �+Ilc Board finds there Was no olio present to dispute the testimony as to rite substantial benefit to persons with disabilities. nor to prove that it is technologica'Hy unfaasible to mala the Scion Fcny accessible. Further the Board finds, it granted a temporary variance for a four month long demnnctration prole r the denlpil S,rlitioll is complete- the temporary variance expired and it is unacceptahle to fontinue seeking tentpm•art Variances not to make the Salem Fern accessible Therefore, based on tite abet e, the Board voted to DENY the variance rcqucst to Section 15.13.3 - Marin; ramp p!atfomns; Scction 24.5? — Gangway handrails between 18-10, Section 24.5.5 — Gan,way Handrail and Width; Section 24.5.6 — Gangway handrail will be square, not oval and Section iS.12.1 — Unassisted ar_ess between the larld or fixed facility and a floating vessel. The Board further finds. based on the documentation submitted and testiltton presented, that the Salem Ferry Docking Facilit} Project is operating in Violation of the Order of lite Architeeturnl Access Board issued on Jul} 1, 1998- The Board finds the rarlancc exofred on November I 1998, and there is no request for an extension of said variance, nor a new application for variance submitted for the Blanc)' Strcer site. The Board rinds the current application for variance submitted is for another location, (the Shetland Park site), and Alayor Usovicz did not request l.ithdrav%al of tite pending variance. The Board finds if the SalemFarre is again Operating out of the Blaney Street site; it Is no longer a temporary experiment, the experiment is over and the site should tie iu compliance with 521 CJ'1R. Therefore, the Hoard finds, based on the testimony, the Salem Ferry is operating in iiolatiou of an Order issued by the Architectural Access Board on July 1, 1998. Therefore, the Board ordered that all service be stopped immediateh', until such time the facility is brought into full compliance will, 521 C:WR. Tile Board voted to tyaivc the site visit requiraner:t. 3 JUL-08-99 03 :41 PM ILCNSCA 978 741 1133 P. 06 This constitutes a final order of the Architectural Access Board entered pursuant to G.L. C. 30A. Any aggricled person may appeal this decision to the Sunerior Court of Iltc Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be tiled in cow; no later titan thirty (30) days ofreceipt of this decision. DATE: June 38, 1999 ARCHIT.CT(JRAL ACCESS BOARD Garyhodes Char • lan cc. Local Building Inspector Local Disabiiity Commission Independent LiNing Ccnter c The Commonwealth Z 035 063 634 �setts ARCHITECTURAL One Ashburton PI' II e Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT. GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR FINE HEARING NOTICE RE: Salem Ferry - Docking System j27 Congress Street, Salem You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has been scheduled for you to appear on Monday, August 23, 1999 at 2:15 p.m. at One Ashburton Place, 21 st Floor, Boston, MA 02108 This hearing is being held to determine whether or not your noncompliance with the Board's order of June 28, 1999 is without justification and if so whether or not to impose fines of up to $1,000.00 per day per violation. This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and § 1.02 of the Standard Rules of Practice and Procedure. At the hearing, each party may be represented by counsel, may present evidence and may cross examine opposing witnesses. Date: July 14, 1999 CHIT URAL ACCESS BOARD Chairrorson Cie- cc: cc: Independent Living Center Local Building Inspector Local Disability Commission 4 , IV� CITY CF SALEl,4 MAYOR'S Or ICL: tJ The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD ll One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR iuly 20, 1999 Owner/Manager Salem Ferry Blaney Street Salem, MA 01970 RE: Salem Ferry, Blaney Street, Salem, MA, (Complaint# 99 - 114) Dear Sir: Upon information received by the Architectural Access Board, the following locations have been reported to violate M.G.L. c. 22, Section 13A and the Rules and Regulations (CMR 521) promulgated thereunder. Reported violations include the following sections, referenced to the 1996 Rules and Regulations. (copies of applicable sections are attached) Section: Reported Violation: 18.3 No accessible entrance is provided to the transportation terminal that is currently operational for the Salem Ferry service. 1S.12.1 Unassisted access between land, fixed facility, and vessel is not provided. 18.13.1 Handrails that are provided on the marine ramp do not comply with 521 CMR Section 24.5. 7.1 The public service area located within the terminal is not accessible to persons with disabilities. 30.1.2 The facility currently is providing "Porta Poties" as bathroom facilities for public use, no accessible unit is provided for persons with disabilities on an accessible route of travel. 1 ej 7.2.2c The height of the service counter exceeds thirty-six (36) inches. 27.4 Hand rails are not provided on the stairs at the terminal building entrances. 25.1 Entrances to the terminal building are not accessible. 25.2 The path of travel that is used to approach the terminal building is not a paved walk or ramp with a slip resistant surface. 25.6 No signs are provided indicating where the accessible entrances are located. 27.1 Stairs that are provided to the transportation terminal do not comply with 521 CMR Section 27.1. Under Massachusetts law, the Board is authorized to take legal action against violators of it's regulations; including but not limited to an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to $1,000.00 per day, per violation for willful noncompliance with its regulations. You are requested to notify this Board in writing of the steps you have taken or plan to take to comply with the above cited regulations. Unless the Board receives such notification within fourteen (14) days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. Sincerely yours, i Garr Rhodes Chairperson cc: ��oca1 Building Inspector Disability Commission Independent Living Center Complainant The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place Room 1310 " Boston, Massachusetts 02108-1618 ARGEO PAUL CELLUCCI Governor (617) 727-0660 DEBORAH A.RYAN 1-800-828-7222 VoiC- Executive Director and TDD Fax: (617, 727-0665 GENERAL BUILDING COMPLAINT FORM PLEASE BE ADVISED THAT THIS FORM IS A MATTER OF PUBLIC RECORD AND WILL BE DISCLOSED UPON REQUEST. 1. What is the name and address of building believed to be in violation of the Rules and Regulations of this Board: Name: c lem �—C-rrr-c Address: Iq(-1eL1-CYT City/Town: �Ct(u 1 Yy)r9 C�i o17 U 2. W)1at is the use of the building (please check one or more)? x Retail Establishment _Transient Lodging Facility _Multiple Dwelling _Commercial Building _Educational Facility _Medical Care Facility _Place of Assembly _Detention Facility _House of Worship Restaurant _Transportation Terminal _Recreational Facility 3. Does it appear that the building was recently constructed or renovated? 4. What date were you most recently at the building?: S 9 Ho\ty many floors?: 5. Please check the appropriate section(s) of the Board's regulations that you believe is being violated, then describe each section as specifically as possible in the space below. Please note that section numbers are from the 1996 Regulations and the section numbers with parenthesis are from the 1982 Regulations. The section numbers are listed below for your reference. (please use additional sheets if necessary): Sections (1982 R_egs.) 24 (25) Ramps )�_25 (26) Entrances X 26 (27) Doors 27 (28) Stairs 28 (35) Elevators _29 (29) Floors X_30 (30) Toilets _31 (—) Bathing 32 (33) Kitchens _33 (—) Dressing —34 (---) Storage _35 (—) Tables _36 (36) Fountains _38 (--) ATM's _39 (38) Controls _40 (--) Alarms _41 (39) Signage 'IS C1 1CC.r`r �C-Yr.1ri1G l I()Cr�1c.C� 1 1 SUlev>� rn� CCOArre ,n+i afir n ;1 CSF bL. � tCcC, �teC� ( ,r ��I Ac.i�s� tan �rcl Crl l�:lc, 1 191 . TSI Srte S rlcit rr1 C'OrnPIIGr1Cs'_. V wl SSI crn 'Sec--h'O� I`6 . i' : 3 �H • S • �- �-�I • s • `� 1 un� svbryll+cA Cwrji hetrr-„rc,6 C vl W X 19 +) AI So nu7 0x)110 ll ` �ntrcir�C.e.S ��4?c_ ,Ii , 3 L TfCi Ic'r Ord Of 1,,Aid—\ �tYc�L� Thz �jc le.m Prr��j 5 )DT c5S (,iCAttc�l ;t �t tbtC Cjc.-t-u�c�l � rC C,�Ssc� Of CC�'15-'�}-u.u%1�?•'1 :his C'aT�-tiI -'?SfiCAbI �rYI� COY^PI✓' uc,r -1 7.� —�, 2 � . C. Circe 7, $ R-kbi Y� s� i ip<IrT racwl �cU30 - Rlsb cPpvS nc5t cvmplca I'j,rl-'l y-vYtti'c:�n��5 S I a� • 1 —T�1ere- Ccre- t rare C ih s JI c. 4c; l"ty i(Y } b iG�i fGC.i 1 1�,i � P_UG41 l av — a Ob-.-,dA �rn .nvrlfi �IUG�- �fiZ� U (Qi i c^ U PI�c�S°= rte NOTE: Separate forms are available for complaints on Curb Cuts, Handicap Parking Spaces, Public Telephones and Housing. Please call the office and request one or more forms. OPTIONAL INFORMATION The following information is optional, and your complaint will be processed regardless of whether or not the information is provided. However, you should be aware that the less information that is provided, the longer it will take this office to process your complaint. a. Name and address of building owner or manager: b. The Board only considers complaints with respect to buildings which are: 1.) constructed by the state, city or town, and construction, reconstruction, alteration or remodelling occurred after December of 1968; or 2.) privately financed buildings that are open to or used by the public and construction, reconstruction, alteration or remodeling occurred after June 10, 1975. The following information may be obtained by contacting the local building department DATE BUILDING PERMIT(S) WAS ISSUED: ESTIMATE COST(S) OF CONSTRUCTION: c. The assessed value of the building will determine the extent that a building must comply. You may obtain the assessed value of the building by contacting the local assessor's office: ASSESSED VALUE OF THE BUILDING AT TIME PERMIT WAS ISSUED: 6. N e and address of ppe,rson/organization filin this complaint: LC— ,b,11 ��f G� Gdz �trF_C � TEL: 7 Ll I - c� 7 7 (if organization is filing, p1base provide the Board with the name of a contact person) 7. Signature (required): K�/ t 1 i QId � r 1 The Commonwealth of Massachusetts Z;j ARCHITECTURAL ACCESS BOARD i- �-- I f _ One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828.7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT. GOVERNOR DEBORAH A. RYAN EXECUTIVE DIRECTOR July 20, 1999 Owner/Manager Salem Ferry Blaney Street Salem, MA 01970 RE: Salem Ferry, Blaney Street, Salem, MA, (Complaint # 99 - 114) Dear Sir: Upon information received by the Architectural Access Board, the following locations have been reported to violate M.G.L. c. 22, Section 13A and the Rules and Regulations (C\4R 521) promulgated thereunder. Reported violations include the following sections, referenced to the 1996 Rules and Regulations. (copies of applicable sections are attached) Section: Reported Violation: 15.3 No accessible entrance is provided to the transportation terminal that is currently operational for the Salem Ferry service. 15.12.1 Unassisted access between land, fixed facility, and vessel is not provided. 15.13.1 Handrails that are provided on the marine ramp do not comply with 521 C1\4R Section 24.5. 7.1 The public service area located within the terminal is not accessible to persons with disabilities. 30.1.2 The facility currently is providing "Porta Poties" as bathroom facilities for public use, no accessible unit is provided for persons with disabilities on an accessible route of travel. 1 ej 7.2.2c The height of the service counter exceeds thirty-six (16) inches. 27.4 Hand rails are not provided on the stairs at the terminal building entrances. 25.1 Entrances to the terminal building are not accessible. 25.2 The path of travel that is used to approach the terminal building is not a paved walk or ramp with a slip resistant surface. 25.6 No signs are provided indicating where the accessible entrances are located. 27.1 Stairs that are provided to the transportation terminal do not comply with 521 CMR Section 27.1. Under Massachusetts law, the Board is authorized to take legal action against violators of it's regulations; including but not limited to an application for a court order preventing the further use of an offending facility. The Board also has the authority to impose fines of up to $1,000.00 per day, per violation for willful noncompliance with its regulations. You are requested to notify this Board in writing of the steps you have taken or plan to take to comply with the above cited regulations. Unless the Board receives such notification within fourteen (14) days of receipt of this letter, it will take necessary legal action to enforce its regulations as set forth above. If you have any questions, you may contact this office. Sincerely yours, GarrS�'Rhodes Chairperson cc: '\,/Local Building Inspector Disability Commission Independent Living Center Complainant The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place Room 1310 " Boston, Massachusetts 02108-1618 ARGEO PAUL CELLUM Governor (617) 727-0660 DEBORAH A.RYAN 1-800-828-7222 VOict Executive Director and TDD Fax: (617 727-0665 GENERAL BUILDING COMPLAINT FORM PLEASE BE ADVISED THAT THIS FORM IS A MATTER OF PUBLIC RECORD AND WILL BE DISCLOSED UPON REQUEST. 1. What is the name and address of building believed to be in violation of the Rules and Regulations of this Board: Name: alert -R-t'- -' Address: larleL• Sire T City/Town: SCLlc r MA C i9f7U 2. Tat is the use of the building (please check one or more)? x Retail Establishment _Transient Lodging Facility _Multiple Dwelling _Commercial Building _Educational Facility _Medical Care Facility _Place of Assembly _Detention Facility _House of Worship Restaurant XTransportation Terminal Recreational Facility 3. Does it appear that the building was recently constructed or renovated? 1-Cs 4. What date were you most recently at the building?: 5 9 Hoyr many floors?: 5. Please check the appropriate section(s) of the Board's regulations that you believe is being violated, then describe each section as specifically as possible in the space below. Please note that section numbers are from the 1996 Regulations and the section numbers with parenthesis are from the 1982 Regulations. The section numbers are listed below for your reference. (please use additional sheets if necessary): Sections (1982 Reqs.) 24 (25) Ramps _,�__25 (26) Entrances X 26 (27) Doors 27 (28) Stairs 28 (35) Elevators _29 (29) Floors x(_30 (30) Toilets 31 (—) Bathing _32 (33) Kitchens _33 (—) Dressing —34 (---) Storage _35 (— ) Tables _36 (36) Fountains _38 (--)ATM's _39 (38) Controls _40 (—) Alarms _41 (39) Signage �oCrt(CA I )\ SCAI E�11 m� - Cw �e.✓+I L�pefc�l t r� I r) V1cic<fii Cr ;1 pF on O��er S�uFr b� r�,e tr(C-T e2-FAc.<Ps< Cn TI1t 5-tc- i S r)ot- t rA C•O rr)PI i G nce— s aL I C rn X S2G71 v L, I`6 . 1 i3 aN S )-,-I - S , `5, N-. I1), Se ' SLabmif{ecA duf- I lv[R-trc,6 (-,}/l Q Icry)' AI SG nc-)t �ntrcr�ces �C'C_ Yi, 3 �- 01121, (- 1fCi Ir'�, C (tt of ( ti�l�ic�1 (j�LYGrI"C� Thz 5c' le.rYY er�'�-�j iS., Y1oT C•SS Glcxt1C�A (}ckt.c�l rCCts of Cc,�s C.�� tra� ; IFAS C'e-rail SSI-CAblL;qrnLf �p2b Y16r (CrxPjfLc,rril 2.9 Coo 7, $ PAL)ikL- ipilet • Gl c� S� ICr 1Z 30 . Alsb nal CUm�I� L�rtl� y,vrtr'c nC�S � S I � c�5 , )-� -There- arm Ctic.C2ss�J e_ pLkbl c, �N+5 ItXi S faC I t✓� P_UG41 tnuvc OG I CC trc�C��.l -f�n,,.r�ny')t- h_j CX - fino (cA r NOTE: Separate forms are available for complaints on Curb Cuts, Handicap Parking Spaces, Public Telephones and Housing. Please call the office and request one or more forms. OPTIONAL INFORMATION The following information is optional, and your complaint will be processed regardless of whether or not the information is provided. However, you should be aware that the less information that is provided, the longer it will take this office to process your complaint. a. Name and address of building owner or manager: b. The Board only considers complaints with respect to buildings which are: 1.) constructed by the state, city or town, and construction, reconstruction, alteration or remodeling occurred after December of 1968; or 2.) privately financed buildings that are open to or used by the public and construction, reconstruction, alteration or remodeling occurred after June 10, 1975. The following information may be obtained by contacting the local building department DATE BUILDING PERMIT(S) WAS ISSUED: ESTIMATE COST(S) OF CONSTRUCTION: c. The assessed value of the building will determine the extent that a building must comply. You may obtain the assessed value of the building by contacting the local assessor's office: ASSESSED VALUE OF THE BUILDING AT TIME PERMIT WAS ISSUED: 6. Na4,ne and address of person/organization filing this complaint: = LC_ ( ' �ire_cr TEL:ccll - cam 7� (if organization is filing, p1base provide the Board with the name of a G contact person)k� - _. 7. Signature (required): Pm f f � r Citp of 6afem' 0a.55arbU!5ett.5 � a Public Propertp Department iguilbing ?department One ibalem Oreen (97S) 745-9595 (ext. 3S0 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer 7/9/99 Goldeneye Corp. _ 4 Blaney St Salem,Ma. Re: 10 Blaney St. Dear Sirs: We are in receipt of a letter from the Massachusetts Architectural Access Board in regards to your inability to comply with the handicap access code CMR 521 and their order to stop this facility immediately. You need to respond to this and either remedy the situation or stop immediately. Please contact this office In writing with your intentions. I would also bring to your attention that you have not applied for any permits or approvals from this office or any other department in the city and feel you need to address this issue as well. Snper i, Peter Strout CCitp of 4bale t, A1A!5!5arbu$Pttq Public Propertp Mepartment 313uiCDing Mepartment One 6alem Oreen (97S) 7459595 (Ext. 3S0 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer 7/21/99 City of Salem Conservation Commission Re: Goldeneye Ferry to Blaney St. This is to inform the board that Goldeneye does not have the proper permits for any structures temporary or permanent and is not in compliance with the City of Salem's zoning ordinance. As far as we are concerned This use is illegal and the board should not be entertaining any requests at this point in time. I would also like to bring to your attention that the state access board has contacted us relative to this site not being accessible. For further information on this matter please contact my office. Sincerely AS Building Commissioner Cite of *afem, Aa-55ar Ju5M5 9 Public Propertp Bepartment �3uilbing Mepartment One�balem &reen (976)7459595 (Ext. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer 7/21/99 City of Salem Licensing Board Rc: Goldeneye Ferry 10 Blaney St. This is to inform the board that Goldeneye does not have the proper permits for any structures temporary or permanent and is not in compliance with the City of Salem's zoning ordinance. As far as we are concerned This use is illegal and the board should not be entertaining any requests at this point in time. I would also like to bring to your attention that the state access board has contacted us relative to this site not being accessible. For further information on this matter please contact my office. Sincer . Acter trout Building Commissioner Cttp of 6alemr ITaggarb gettg 3public Prupertp Mrpartment �3uilbing Mepartment One Salem Oreen (978) 745-9595 (Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer 7/9/99 Goldeneye Corp. 4 Blaney St Salem,Ma. Re: 10 Blaney St. Dear Sirs: We are in receipt of a letter from the Massachusetts Architectural Access Board in regards to your inability to comply with the handicap access code CMR 521 and their order to stop this facility immediately. You need to respond to this and either remedy the situation or stop immediately. Please contact this office In writing with your intentions. I would also bring to your attention that you have not applied for any permits or approvals from this office or any other department in the city and feel you need to address this issue as well. Sincer Peter Strout JUL-06-99 03 :38 PM ILCNSCA 978 741 1133 P. 01 , —�—=-- INDEPENDENT LIVING CENTER o f the North Shore and Cape Ann, Inc . 27 CONGRESS STREFT, SUITE 107 • SALEM, MA 01970 (978) 741-0077 v/TTY • (978) 741-1133 FAx SERVING: Beverly IS FAX TRANSMION S.HEFT Danvers Essex DATE: 7 111 NUMBER OF PAGES(INCLUDING COVER SHEET): Gioucester P r rrt. 7'O. )7ms�• � FAX#: NO " --7 Hamilton r —_ r Ipswich Sti k�►I 8(o�c� lisp . Lynn FROM: . ICdkff FAX#: 278-741-1133 Lynnfield Manchester By-The-Sea Marblehead COMMENTS: Nahant Pe3body Rockport Rowley MESSAGE SENT BY; Salem URGENT DELIVERY: _ NORMAL DELIVERY: S""i''r's If this transmission is incomplete or unclear please call (508) 741-0077 V/TDD. 5'wall,p3cort Topsfidd Wenham NOTICE OF CONFIDENTIALITY HIS TRANSMISSION IS INTENDED ONLY FOR THE ADDRESSEES) LISTED ABOVE, AND MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL AND PRIVILEGED, IF YOU ARE NOT THE ADDRESSEE, ANY USE, DISCLOSURE, COPYING OR COMMUNICATION OF HE CONTENTS OF THIS TRANSMISSION MAY BE SUBJECT TO LEGAL RESTRICTIONS R SANCTIONS. ` bUR GRIEATF.ST WED AS IWMAN RFINGS IS THF. FRIiECx)M TO PURSUE OUR DREAMS" JUL-08-99 03 :39 PM ILCNSCA 978 741 1133 P. 03 „6 �. � The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Rocm 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI COW rNOVI (517) 72 7.06 60 t-son-a26.72zz JANE SWIFT Votoo and TDD LT.cc7VFFINon Fax: (61 71 7270665 DEBORAH A. RYAN rxertjlivr nIRFC10rt DECISION RE: Salem Ferre Docking Facility Project, Salem 1, The hearing was held upon an application for variance filed by Mayor Stanley Usovicz for modification of or substitution of the following sectioil(s) of the Rules and Regulations of the Architectural Access Soard: Section IS.13.3 - Marine ramp platforms — gangway will be 50 feet long, Exceeding 111axinuun length for a 1:12 slope. Section 24 5.2 -- Gangway will 1101 have a mid-handrail between 18-20 inches above Section 24 5.i --Gangway handrail will be 2"by 2" which exceeds the masirtrtim allowable width. Section 24,5.6-- Gangway handrail will be square, not oval. Section 1 S,12.1 — Unassisted access between the land or fixed facility and a Floating vessel, with or without an intervening floating sL'uet:nc, shall be Provided, 2. The hcarinzo was held on: Monday, .lune 21, 1999 1 Tile following Persons appeared: Arthur IDaignnuh and Robin Kellett, Independent Living Center of the North Shore and Cape Ann, Inc, All persons offering testimony were sworn in by the Chair. 4, FINDINGS AND DECISION The Board having considered the evidence hereby decides and rinds as follows: The Architectural Access Board sent a Variance Hearing Notice by certified mail on May 25, 1999, to Mayor Stanley Usovicz (applicant), City of Salcnt, City Hall, Salem. advising him of the date. time (11:00 u.m.) and location of the hcariny, on his variance (see enclosed), The signed certifled moil card vyas returned to the Board verifying that the Notice of hearing was dolivcrcd and signed for. Neither the N94vor trot- his represcmativc appeared at Ute I1X00 a.m. hearing time to address his varistnce request t> 1 J'UL-08-99 03 :38 PM ILCNSCA 978 741 1133 P. 02 The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD - One Ashburton Place - Room 1310 -r - � Boston Mass achusetts 02108 ARGEO PAUL CELLUCCI GOVERNNOR / (617) 727.0880 CS 1-800.8287222 JANE SWIFT �L� 1� 1 Voice and TDD LT GovEgnoR 1.A. Fax: (15 17) 727.0665 DEBORAH A. RYAN 1 off EXECV'TIVE pIgECTOR TO: Local Building Inspector Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: / r - � Date: Enclosed please find the following material regarding the above location: -___Application for Variance ✓' Decision of the Board Notice of Hearing _Correspondence ,Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board is reaching a decision in this case, you may call this office or you may submit comments in writing. Yx:., JUL-08-99 03 :39 PM ILCNSCR 978 741 1133 P. 04 relative to a Temporary Docking Facility for the Salcm Ferry at the Shetland Palk location in Stdcnl. Gary Rhodes the Chairman of the Board called the hearing to order at 11:45 a.m, with Ms. Kellett and Arthur I)aignault in attendance. By way of background, Craig Wheeler filed a variance request 'on June 12, 1998. The applicant requested variances front the following sections of the 1996 Rules and Regulations of the Board: Section IS 133 — landings on ramps and slopes and Section 24.5 -• Handrails. The City of Salem requested a four month temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston To this end, they neoded to construct a temporary boat docking facility in Salem at Blaney Street. The information stated that after the four month demonstration project. 1110 docking facility would be dismantled, On Monday, .lune 29, 1998, after reviewing the material submitted the Board voted as follows: GRANT the variance to Section 18.3.3 for a period of 4 months only, This variance will expire on November 1, 1998, DENY the variance to Section 24,5 and orders that appropriate handrails be installed on the marine ramp for the reason that compilancc has not been proven to be impracticable in this case. (see enclosed 1998 decision issued on July 1, 1998) On May 7, 1999, a variance application was filed by Mayor Usovicz requesting uncther temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salcm to Boston at Shetland Park in Salem. Mr, Daignault and Ms. Kellett asked the Board to allow them to present the;'r information to the Board, Ms. Kellett stated that the decision issued by the Board on July 1, 1995 for the Temporary Dockin; Facility at the Blancy Street location expired November 1, 1998. Ms. Kellett stated she is aware of the current variance application before the Board for a Temporary Dockin.- Facility at another location, Shetland Park. Ms. Kellett submitted a ncwspaper article from the .lune 6, 1999 Boston Globe entitled. "Limited ferry rams are back in Salem". The article stated that the ferry ser)ice is expected to begin this ntontll making fot.r trips to Boston from Salem. Further, it stated that the City of Salem has agreed to continue tic run from Blaney Street site. Ms. Kellett stated her informalion is that the Salem Ferry resumed service June 19, 1999. Ms. Kellett stated the temporary variance granted by the board expired on November 1, 1998, and it is her understanding to resume the service from Blaney Street, the City was required to submit another variance request for that site. Ms. Kellen steed with icspcct to the current variane request, the Board already acted on tine handrail issue last year by denying the request Ms. Kellett asked how many years can a demonstration be temporary, before it is permanent. Ms. Kellett noted a project that is temporary or a demonstration is still required to meet access requirements. Ms. Kellett stated she sees a substantial benefit for persons with disabilities to Inavc access provided to the Salem Ferry. Ms. Kellett stated she personally used the fcrry scnice several times last year. Ms. Kellett stated she witnessed many persons with disabilities oil the ferry, 2 JUL-08-99 03 :40 PM ILCNSCA 978 741 1133 P. 05 i.e., persons using wltcolchairs, mobility aids, going to Boston, Ms. Kellett stated it is a easy way for persons with disabilities 10 get into Boston Cron; Salem, it is more accessible than by train, because of the way the plalfoimis arc in the Salem Station, BOARD DECISION The Board first finds that the proper notification was given, by cellified mail, to Mayor Usovich of the date, time acid location of the hearing on his variance regtu:st. The Board finds no request was received from Mayor Usovich to withdraw the variance or continue the hearing to a later date. The Board finds, based on the testimony presented there is a substantial benefit for persons with disabilities to have access to the Salem Ferry, to enjoy the same experience of a ferry eXCUrSion to and fiom Boston, as non-disabled persons. The Board finds, based on the testimony, that persons with disabilities used the ferry last year, and it is unacceptable to exclude persons with disabilities from enjoying that sane experience. The Board finds there was no one present to dispute the testimony as to tine substantial benefit to persons with disabilities, nor to prove that it is technologically unfeasible to male the Salem retry accessible. Funlicr the Board finds, it granted it teWgorary e for a four month long cItmnistration demonstration is complete: the temporat3, variance expired and it is unacceptable to continue seeking temporary variances not to make the Saigm Ferry accessible Therefore, based on the aboN e, the Board voted to DENY the variance request to Section 18.133 - Alarine ramp platforms; Section 24.5.2 — Gangway handrails between 18-10; Section 24.5.5 —Gangway handrail and width; Section 24,5.6 —Gangway handrail will be square, not oval and Scetion 18.11.1 — Unassisted access between the land or fixed Facility and a floating vessel. The Board further finds, bused on the documentation submitted and testimony presented, that the Salem Ferry Docking Facility Project is operating in violation of the Order, of the Architectural Access Board Issued on July 1, 1998. The Board finds the variance expired on November 1 1998, and there is no request for an extension of said variance, not, a new application for s'ariance submitted for the Blaney Street site, The Board finds the current application for variance submitted is for another location, (the Shetland Park site), and Mayor Usovicz did riot request �rithdrawal of the pending variance. The Board finds if the Salem hem is again operating out of the Blaney Street site; It is no longer a temporary experiment, the experiment is over and the site should lie In compliance with 521 CMR. Therefore, the Board finds, based on the testimony, the Salem Ferry is operating in violation of an Order issued by the Architectural Access Board on July 1, 1998, Therefore, the Board ordered that all service be stopped immediately, until such time the facility is brought into full compliance with 521 CMR. The Board voted to waive the site visit requirement. 3 JUL-08-99 03 :41 PM ILCNSCA 978 741 1133 P. 06 This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c- 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty (30) days of receipt of this decision. DATE: ,lune'_'S, 1999 ARCHTTICTURAL ACCESS BOARD /n Gary,: hodes Chat all M Local Building inspector Local Disability Commission Independent Living Center 4 gONDIT BOARD of ASSESSORS 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970.3595 a � jta, (508) 745.9595 Ext. 261 ��s9g (508) 7449327 FAX July 2, 1998 Deborah E. Burkinshaly City Clerk City Hall Salem MA 01970 Dear Miss Burkinshaw: Please be advised that the new lot created by the subdivision of 10 Blaney St. (Parcel#41-278) has been assigned legal street address as follows: Salem Ferry Facility 30 Blaney Street Very truly yours, Frank Kulik Chairman cc: Postmaster Joseph L. Leccese Chief Robert Turner, Fire Dept. Helen Jiadosz, Water Dept. Kevin Goggin,Acting Inspector of Buildings Capt. Paul Murphy, Police Dept. eftp of eb- alem' jffia9;$&CbU$Ett!9 Public Vropertp department Jguilbing nepartment One fpalem Breen (978) 745-9595(Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 10 , 1998 Goldeneye Corporation 4 Blaney Street Salem, Mass . 01970 RE : 10 Blaney Street P-18-98 Dear Bob Blair : Attached you will find a copy of the Salem Conservation Commission Special Conditions for the temporary installation of the office trailer to be used for ticket sales . As per our conversation on August 5 , 1998 you were given a verbal approval to proceed with the installation of the office trailer and that you shall comply with all requirements of the Massachusetts State Building Code, 780 CRM Sixth Edition and the City of Saleth Zoning Ordinance . The office trailer will be used to operate one business which will be for ticket sales only and the employee will be allowed to use the existing restroom facilities in the Harbor Ferry Office . Any additional businesses shall require separate permitting and comply with the Salem Zoning Ordinance for new businesses . If you have any further questions , please contact me at 745-9595 . Sincerely, /" ."�F ��_ Kevin G. Goggin Inspector of Buildings KGG: scm cc : John Keenan Health Department Lt . LaTulippe Councillor Paskowski , Ward 1 Tito of *31cm, MUSSUc4usEtts Pubiir Propertq i9epartment Sudhing i9epartment (One 13atem %rrrn 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 26, 1994 Thomas Mackey & Sons Inc. P.O. Box 366 Salem, Mass. 01970 RE: 10 Blaney Street Dear Mr. Mackey: This office has received a complaint through the Neighborhood Improvement Committee hot line concerning the above mentioned property (Copy enclosed) . After an inspection of said property it is the feeling of this department that a six (6) foot high stockade fence could be erected along the White Street front of the property to hide some of the construction debris that is being stored on the premises. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Dave Shea Councillor Ahmed, Ward 1 Certified Mail # P 921 991 626 Business Certificate �cona (QIt Of ajem �g o p � , jjasgacfjugetfji Y OF SALEM, MArLFRK'S OFFICE 011 kz 1998 DEC I l A & 44 DATE FILED "DEC 171998 Expiration Date ��C, /7 WdaW Type: El New Number- ��— �_ 0 Renewal, change 0 Renewal with h chance In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: Salem Ferry at 10 Blaney Street Salem Massachusetts 01970 type of business to purchase, own, lease and operate vehicles for land/water transportation by the following named person(s): (Include corporate name and tide if corporate officer) Full Name Residence Harbor Cruises, LLC c/o Modern Continental Construction Co. I' 600 Memorial Drive Cambridge, MA 02139 Si-natures HARBOR CRUISES - - - - - - - - - - -HARBOR CRUISES, LLC ---- BY---- - -- - - -- ` By: Peter M. Grela, -- - ---PetM. Grela, --- - - ------------ eratim 9p �m-Mara grr------------------ -----Opera�iens_*�„ag�____-�_""------------- 14 the above named person(s) personally appeared before me and made an on- December IG, oath that the foregoing statement is true. C I T Y CLE RK -----/-----/----------' ----- No sl a7 1000 6- taryPublic (seal) Date Commission Expires Identification Presented ONEM R. FARO, NOTARY PUBLIC State Tax I.D. # 04-3079945 MY COMMISSION EXPIRES MAY 27,2005 # (if available) S.S. In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5.of:Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be fumished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. t Vii .. I CERTIFY THAT THIS PLAN AS PREPARED CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF .DEEDS. RONALD R. - ' BOURNE S9BiIpuRA1. � . . _ pp.30881�y o✓V C S4ALEM SOUND - �Qr sr. PROJECTO SITE _ E - Ff4q42'31'aQ- nUL PLACED LEM S N y ZONA FEMA - _ UC./NDA 174 h 1 G I Ic BUFFER ZONE EONS 5 5 L — (100 Fr) PR P )�1 0`O/f( i6P^ 4 1 VIII =i O� - JSAI UC.;4IOtf�1�'�ASIN i � ,' 11C. N0. 5816 P - SCALE: 1" = 800 '- `1 I _ III LOCUS PLAN VIII F. ...� ...0 ZO E VS FILL PLACED '1111 l,o ' Iljl / 1 �'II 111 1. F'l1 1 r.„ FLACM LICE. PROP $ED PARCf 1 - Ij i I uc;-RW-3m-k 301 OT AR 1'p' 1 ZONE COO 6ANI'4,; """��7 " FILL PLACED FEMA 11C. N0. 3M , ZONE B := 11 .. ^nf. N.E. POMOt CO. PR SE�hPERRY AL UIL�ING ` ROPO LOV1�(i1tOF1LE i NGk New EnglanJ FLTIN IDOCK�• —�\.�� 1 Power Compon ZONE A4 -- 194 - i PROPOSED HANDICAP ACCESSIBLE FERRY LANDING TERMINAL Il x°I'1/1134' \\ EXISTING DOLPHINS LAND UNDER THE OCEAN i *a;\\\\\ \ �_ ANA CATWALK \ 1 FEMA 1 �`�•��\\� \ EJ�I\STING`40CAL� J \ / \\\ \\ ZONE V3 CHANNEL , i' \\\ \-\ \ \'�a SALEM. HAf��R (' EL.+17.5 / �`:��AAv� V _ -_----- PLAN \ ROR R.- BOURNE 8OU0uRNE STRUCTURAL y FEMA 100 YR. = +17.5 1 .0 No. Soaai MHW = +9.0 0 200 400 �. ` sY � 'U� DATUM MLW = +0.0 SCALE: 1 " = 200' AUGUST 1998 REVISED 11/13/98 SHEET 1 OF 4 PLANS ACCOMPANYING PETITION OF GOLDENEYE CORPORATION TO CONSTRUCT AND MAINTAIN FIXED PIERS, GANGWAYS, FLOATS, DOLPHIN, BARGE, TERMINAL BUILDING AND PARKING IN SALEM HARBOR, SALEM, MA ESSEX COUNTY 10'x10' PLATFORMS II r N o 1 1 EXISTING FLOATS TO BE REMOVED 7' EBOARD FLOAT 8'x20' LOW FREEBOARD FLOAT c 7-PILE DOLPHIN CLUST R Fence. j / %/� a SEE DE yAIL \ in unk o , / I /( ExCha isting v GANGWAY _3 ,/ /� j /�' /10'x20' FL ATS 10' 30 FLOAT 1 \ -Tj CO TEI L BUILDING x \. \ m m a I ! EUV I I' 1 I 1 REUSE EXISTING F�OTI G A/1" FIXED PIER z{ a _ / a.. '.. . . . m C m - E e ' 330' } — ---� m Cn �J m /150x15FIXED ' ' PIER < CIO - - _- - _ —, N m = — �% 35' GANGWAY Lw 10'x30' FLOAT - --� z o — — 65'x5 GANGWAYS EXISTING RIPRAP / 100'x40' BARGE O SHORELINE o / / PIER CONFIGURATION CLOSELY MATCHES M z TOP OF SLOPE HISTORIC FOOTPRINT (SEE ATTACHMENT 0 G-) 0 00B) IN THIS AREA WITH THE ADDITION OF -TIC DC7 —2 THE ACCESSIBLE FLOAT NECESSARY TO C011 MEET CURRENT ADA REGULATIONS _ ��o life0 _ cgs a \ . 153 - pa o � m z N PLAN T '° 0 Z 0 = D mi C A S9p�S� C/) C NN 2 -+ 0 60 120 O.� - O SCALE: 1 60' -F, 00 N/F NEW ENGLAND 'z 0 FERRY POWER COMPANY TANK 40TERMINALUILDING PARKING LOT AREA BUS DROP-OFF (203 SPACES) AREA POLE LIGHTING Link Fence (TYP) Ezistin9- Chain Iry I I S I ISI I I I I � GRANITE CURB47 so J I I I e f pLSA F __ _ o � D 9 m r DL ANE` S w WALKWAY EXISTING RIPRAP -I m s ! a�. 8' WIDE / .C7 T n 12 SE/AWALL SHORELINEC FTI REPAIR AREA ' m F_ _u � c i � m > T EXISTING GRANITE , — m U) �:u s BLOCK WALL m _ lI� I I �'ll 6 —i— 1 EXISTING TIMBER JI 8 3 i BULKHEAD EXISTING STEEL/�'. ' \ \ _ m � (7 l _J F a SHEETPIEE UVALL j —� WHITE ; ; I Co ;;a z = -Tj F GATE Hawthorne DIMAO � n Q FENCE Cove Marina � �:IS m .0V/ I C mO -�mM 3 PLAN � `� O w � 0 80 160 p , - a m SCALE: 1" = 80 : PROPOSED FIXED PIER PROPOSED GANGWAY /-PROPOSED RAMP & PLATFORM SYSTEM HTL+10. 2MHW +9.0 MLW 0.0 100'x40' BARGE EL. -10.0 EXISTING RIPRAP EXISTING GRADE &UM e PIER-ELEVATION % UZI —EL. +18.0 x TIMBER PIER x R A �� 5 HANDRAIL - 15' WIRE WRAP. PILES CAP PILES W/ FIBERGLASS 3'-6" 6 TIMES & STAPLE —EL. +16.0 $ EACH PILE EACH WRAP WIRE ROPEIZED \ Q f= (D/) n TIMBER PILES (TYP) MHW +9.0 2 CABLEo I 12"0 TIMBER '� m CLAMPS ® i' PILES - TYP = �7 EXISTING GRADE j 2 EACH END NOTE m C rn MLW 0.0 PILES: 1-VERTICAL F \ v, 6-BATTEREDm m > B TYPICAL APPROACH PIER r 7-PILE CLUSTER CONNECTION p D I o \ lIALE: 1" = 20'-0" 4 SCALE: 1" = 4'-0" M! 60.' FENDER -PILE 18"0 MOORING PILE (TYP) x � 0 _ i \ 0 4 8 10' WIDE FLOATS 6'-O"-TY_ m SCALE: 1 " = 4'-0" I MHW +9:0 MLW 0.0 OOk O C O I a MLW 0.0 - - 0; 20 40 INTSM PORT $ S y' m e SCALE: 1 " = 20.-0„ �//Y�iYg ,20 EXISTING GRADE l Q " a fmTl 0 —{ Z Ln 0 40 - 80TYPICAL MAIN PIER �E�BARGE ELEVATION f�� 4 SCALE: 1" = 40'-0" �� o_n cD SCALE: 1 " = 40'-0" SCALE: 1 = 40'-0 � m t.� '7qq 3 o d c Aalq, 24041 I ' 7-� ,� RETAINED ON JOB AND THIS CARD KEPTWHEREAPPLICABLESEPARATE 'ECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR H BUILDING SHALL ELECTRICAL,PLUMBING AND .Y IS REQUIRED,SUC h E HANICAL INSTALLATIONS. NAL INSPECTION HAS BEEN MADE. IS VISIBLE FROM STREET -CTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 2 ION APPROVALS FIRE DEPT.INSPECTING APPROVALS 1 2 D VOID IF CONSTRUCTION WORK IS INSPEC IONS INDICATED ON THIS CARD THS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. UNITED STATES POSTAL SERVICE x,tSs I I I OFFICIAL BUSINESS r. SENDER INSTRUCTIONS kd n «^m"�""�"""'• Print your name,address and ZIP Code r q "- In the apace below. - _ -�.. • Complete items 1.2,3,and 4 on then _,�,_ U.SaNAIL reverse. - t�0 • Attach to front article If space permits, otherwisea affil to beck of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, 5300 Requested"adjacent to number. RETURN P t Sender's name, address, and ZIP Code in the space below. TO Q ) . �/9 SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of delivery. For additional fees the allowing services are available. onsult postmaster tor Teas and check boxlesl for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Picle Number Type of Service: `J�(T Registered ElInsured Certified El COD Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if X requested and fee paid) 6. nature — A t 7.N&f of Delivery -3-9 PS Form 3811, A r. 1989 +U.S.G.P.G.1989.238-815 DOMESTIC RETURN RECEIPT SENDER: Complete items 1'and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rov'�de ou the name of the erson delivered to and In date of deliver . For ad itiona ees the allowing services are avails le. onsult postmaster for tees an c eck ox es or additional service(s)requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. A icle Nu b r �s �� 9�0 Type of Service: h� ❑ Registered ❑ Insured LWertified ❑ COD �0! Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DH-T.E'D'ELIVERED. 5. 'gna r 8. Addresgbe's,Address (ONLYif X reque ted and fee:paid)' , 6. Signature — Agent 7.. Date of Delivery � • •r PS Form 3811, Apr. 1989 *U.S.G.P.O.1989-338-815 DOMESTIC RETURN RECEIPT ,UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS __- Print your name,address and ZIP Coda In the space below. ..._ • Complete items 1,2.3,and 4 on the 99 S ..,..+•+'^'�`-"'°`� -...uS.MAILO ��" reverse. • Attech to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Pr Sender's name ss, and ZIP Co E in,the space belo TO Y ��9JD ' ARTICLE P 921 991 626 LINE 1. _ NUM-BER Thomas Maskey & Sons Ine. P.O. Box 366 Salem, Mass. 01970 t FOLD AT PERFORATION t - r WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. bI T I E I E 0 ^ ` M A I L E R 1w CIILJIII I •EComplete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and as a b, following services(for an extra fee): • Rift your name and address on the reverse of this form so that we can return this cam to yoa. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person tlelivered to and the date of deliver . Consult postmaster for fee. 3.Article Addressed to: - 4a.Article Number P 921 991 626 Thome Mickoy & Sons inc. 4b.Service Type P.O. Box 366 Sties, C3a s. 01970 � �} IED 7. to Del My 5.Sign ddres re see) 8. d s �ddr (� a up `d, tee paid.) 6.Signature—(Agent) PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service . Q 7 _ Official Business El you PENALTY FOR PRIVATE USE,$300 Illuuu�ll�lulu�l�luu�ll�lu�lul�l�lul�u�ll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 Titq of ttlem, Ittssttrllusett$ I T 10 33 Ah 'g8 PIIIIL�1 D'E ct1I7�7P CITY Of SALCH. MASS C,( i'RK'S Off"ICE DECISION OF THE PETITION OF GOLDENEYE CORPORATION REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 10 BLANEY STREET B-1 A hearing on this petition was held July 15, 1998 with the following Board members present: Nina Cohen, Paul Valaskagis, Michael Ward, Stephen Buczko and Richard Dionne. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Variance from front, side and rear yard setbacks for the property located at 10 Blaney Street located in a B-1 zone. The Variance which has been requested may be granted upon a finding of this board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would Z nvolve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of= fact: 1 . Petitioner, Goldeneve Corporation, a new owner of the property, was represented by Attorney Joseph Correnti of Salem. 2. The petitioner seeks a variance for front, side and rear yard setbacks for the property located at 10 Blaney Street to reestablish the historical lot lines for the dwelling house located on the property. 3. The subject property is located in the B-1 District and contains a structure with (5) dwelling units. 4 . In 1964, this lot, along with (4) other contiguous parcels, was acquired and continuously held by a single owner. Thereafter, the lots merged for zoning purposes. The stated purpose of reestablishing the dwelling house lot is so that the owner may be able to treat it separately for the purpose of management and financing. S . There are no proposed changes to the footprint of the building and the new owner intends to invest in and upgrade the property. 6 . Several neighbors of the subject property attended the hearing, including Michael McLaughlin and Claudia Chuber, and made inquiries regarding the nature of the requested variance . No opposition to the petition was presented. DECISION OF THE PETITION OF GOLDENEYE CORPORATION REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 10 BLANEY STREET B-1 page two On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. Petitioner shall obtain approval from any City Board of Commission having jurisdiction including, but not limited to the Planning Board. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Variance Granted n July 15, 1998 ^�i' / CSC Stephen Buczko, Member + Board of Appeal A COPY OF 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. n tE Board of Appeal fl w� "Ll Ln> o �^ W Sa- c>2 � D N CD u! m Bulfinch Associates, Inc. architectural design & construction real estate management & consulting Sr^ ss . }s pzV— OGLVv -T/C— 411-5 d� � {�1e Ls e cLAUL'se i�- *�e- c v:f �c s —i77 Aee v\. L J �V-1:7e.e,krI+y aA-- We-6� Aoi\rIP w accld 6e- e—ave0 v e,V\' -v\ Saawc- VAS rtgive- g.r Uv�-SCL lZavl(Lln� C�v�Vev,�Gv�ce� � �l7 6.3�-7a9�i Mark L. Allen Gk= 4 Togan Way h Mar= Marblehead, Mass. �2 B 01945 I QUITCLAIM 0960 (INUIVIDUNL) PAU 335 Yg. ^719G We, Joseph T. Mackey, Herbert L. Mackey and Mary R. Mackey (being unmarried) , all of Salem, Dfr Essex County, MauuLusetts, A'Rx$xxbmtsrich for consideration paid, grant to Thomas Mackey & Sons, Inc. , a corporation duly organized by law and located in Salem, Essex County, Massachusetts, obex C with quitrlahn rouruauto five (5) parcels of land in said Salem with the buildings thereon, bounded and described as follower Xbncicr;arlxnx , PARCEL pl K�gxaq¢yornMxata¢oersnooxtftrapUtx Land on Blaney Street, together with all the flats appurtenant thereto, commencing on Blaney Street by land now or late of Derby and running Southwesterly by said land of Derby to land formerly of Brookhouse; thence Southeasterly by said land formerly of Brookhouse to low water mark, thence Northeasterly by the channel to flats now or late of Wobb► thence Northwesterly by land and flats of said Webb to the capsill at the Northwesterly_ corner of his wharf; thence Northeasterly by said Webb through the warehouse formerly owned in part by said Webb and partly by Rowell; thence Northwesterly, Northeast, Northwesterly again and Southwesterly by said Webb to land now or late of Perry; thence Southwesterly across Blaney Street to the point of beginning. PARCEL #2 Beginning on White Street and thence running Northeasterly 53.70 feet to land now or formerly of Cashman; thence turning and running South- easterly about 150 feet by land of said Cashman and land formerly of Russell and Sim to Salem Harbor; thence turning and running Southwesterly by Salem Harbor to a line shown on a plan entitled "Wharf Property .of . David M. Little, Salem, Mass . , dated July 1919, Thomas A. Appleton, C.E. " recorded in Book 2427, Page 101; thence turning and running Northwesterly by land formerly of David M. Little about 81 feet. to a corner; thence turning and running Southwest by land formerly of said Little 14. 73 feet to a corner and White Street; thence turning and running Northwesterly by White Street 70.84 feet to point pf beginning together with the flats appurtenant thereto. PARCEL #3 Beginning at the Northwesterly corner of the premises on White Street at land now or formerly of Hannah Kelley; thence running Southerly by said White Street 19 feet; thence running Southeasterly by said White Street 26 feet, 3 inches, to land formerly of Phippen and of Felt; thence turning and running Easterly by lands of said Phippen and Felt 45 feet to land formerly of thelheirs of Samuel Derby; thence turning and runnipg Northerly by land of said Derby heirs 43 feet, 8 inches, to land now or formerly of Hannah Kelley; thence turning and running Westerly by said land of Hannah Kelley 49 feet, 9 inches, to White Street and the point of beginning. (sindividual—Joint Tenants—Tenants in Common—Tcn.vltr by the Entirety.) PARCEL #4 Northeasterly by Blaney Street 86 feett Southeasterly by land now or formerly of Rowell 73 feett Southwesterly by land now or formerly of Brockhouse 86 feet( Northwesterly by land now or formerly of Sullivan and of Mary Derby 73 feet. PARCEL #5 Land and flats, together with the buildings thereon, formerly known as Webb's Wharf, and also the land and buildings on the •Easterly side of the private way leading from Blaney Street to said Webb's Wharf. Being the same five (5) parcels of land which were conveyed to the grantors by deed dated November 15, 1960, from Mary A. Archung, ,7rygr4af1 vl✓! /a%%M.w in Eesry. Dletrict Deeds, Book 4722 Vvga 4, go dli6Nat6Utarq pter.�s; !L•ir i !/:q !,!� ti,ir. :kb J , tt,b Cifi$1CGle !1G� E:Gg nriarinal , I , Catherine A. Mackey, wife of said grantor Joseph T. Mackey, and I , Alice M. Mackey, wife of said grantor, Herbert L. xlf x xmfxsakDc4mxPo4x Mackey, release to said grantee all rights of f�u er � homx xm'd other interests therein. 391taras•••p.UX.........hands and seal s this. . . ... t.h..........................day of....November.....19.6.4 .......... � ..../1 .. 134t Commaaturalth at isassarhasrtta Essex a9. November 18, 1964 7ben personally appeared the above named Herbert L. Mackey, and Mary R. Mackey, and acknowledged the foregoing instrument to be t act and deed, before me ��QQ No" Public— dw Peo,a Mr commlulm EXPIM G 19 b 9 Essex ae . Reoorded Nov . 10 , 1964 . 25 m. ' past 3 P, M. # 115 ey ° ' " W ,,gyp �"il� + q ,,•:':+:M. • G( } ,d+"'�' `t11 M M05=1A f7YYJ }R5#_4E "d'#" `rp + )i } »y too. .� 99w;4`; .feil"4' AA� ».ARGHUNG t i m t+, n .k att « r+..Atud 4 7 t g0tet O 'W 11 + Fu* t ,.�ElGld r-lflOnptJ E'!;TrUSt cated '� 'A-W 7:, x{p„f C > ) ✓W'111if rn A'AOClate r„ tl?• �F2+ 11 Rf1 11� Alat + h I AA'144 and rttiilrltfl ttirEsAeK, SullEh gistry Of� !)e( 115;, dr ntllt +i3R"} iP v '�d « o> C ciunt 1 M 15ti, + '. f fit} rtg04. e 1 }5, cif S�lr�rii� "Essex t Y4 i A hn�t ttH,� fot irr),tcl�T lf{o"rtir patd grai}t to I )jepht#I ._« N I-; ti 'S " 1 qal P� As TAYAL»� ). s »lt3C 1{ "n`1(}� Illt f J ro t a t W. � tt�tPl» S, tlnln ' r E an «rVru <lz r , t�l.39Q(.ZILl:.7@1)�3 E P rry�+ly +# ^81 .......-S� k63a to '-4l Otf fi f '889JC eOWIt .40 . F '§t" 3tw+(¢ r% s r )'S a s §' Y o w4 ..... 2s v « F °n t ^'" .nam: '' a +. t,<* ., r t ,?t»t+tfi•,r $`7 i" .aq tr� 3'r�� YH `Fa' '� iaki 'S t+ �kL`: " {t ,L f1J ;�Fy� ,p t *,9+ • p t r „y,, r °a' )i `s ni 47 }" .Naw}#,L,�e+k„Al liht LZLI1ttJ.'l 11111»h 410 Vf antA byt r vii t t,.d' ' t r x � ) I �,< r f";I tncl+ slrf * attl r to r . +� ^w 1 11 I W U $alernS Wlt}1 t11C ti x 445 39 r 1)114td IfljM1�utl'1+ tt (51ibtiti n<}( +t' antl� : "� " d++"' +,}t is Y' s1Mro n M1 t. s,.*'"�'e�a'r >"+rk Pal wTCIje.J`Ji> nt$p §t ><'M st;'"}�T t JS �,jy3R kL+, is r ^y � ` 1 •E� d7 " '.W ,yas`h+3k ,� `rf,°' .J 4Yff Si siiY».41t n4 �i4 i�?� (' L '4r7 .yt`1" zM�•L0." yv��-0 iFF�I+I£r p�^nr r :Y t& §%�+ � vif` •» nr , aLBtt{, SJllltl tin 'iV ,f ltheat jwi +RY 'h_Y 1 M1if ty," iz . �l "r rti �^,m �k5ps �c fir. i �.+t if Il r.t a " ^�ti 11 t}lt dt1tS '.11>I)lirteI n6`Rt t1 Cef;'• til) n 1�1�nv Str (tt t�U rel fnFirn w" Orlat�v t 3" cra�y�andrunnLn t" Vr + csir a y>sr fi f I� o, s a vuthvvI +t til ghy la l` rtnrl t+}I,if)s 111v tu�aartji o"rna±xl ?S if *r rs '' x+ntK ' Ertl, "R-.t 59`' t IiIC ,n{ ✓ tibili » ) ",at�w00}l"}lOtl4Cy' � . N }itY w (j,", Y YA4t7Cl lin t filJln 11 iaf*aI vet f,'�*a &.,.•�� :' we trx'*el re Ya�d'�f"kI}rt�aotdcl (rtU gi '�tu ,lOW 4FW'1 tt. r t" � ''�, .,k otli� ll I:,P +�tL, Itw�i:Jt�lot3ht 7ti11 rlv »hy rtl7t ern t,nn, � vet'* wru. ,�,�Y+ .� r'v,�, '4r�' 1 t»� ,gyp E; tx, m >e,rny s•... . a st xl tOpllaC� }7i.t br l(itC Of Webb �,. 1✓'"Af 4t i»d> ,t ii I r �' ,,;. s :.1 f r r , �µ ,: ! , + }ta72 1 Ntr �tllvvEr�t� i lvf'b '`I ut f"rl.}ril xl ,, N, 1 y73i qr '1 Ni: Ptl3w6s'tr Ml rfv'r","'r rr y } a a '.w t-" f y44bt �9�"11(1 WT"hy YU,&I)e .CapS1Q}§i t,tthe f . � heLf � N . k+ E r.�F � {4f4 r;pil r Of it l5 Uhrr4 s y thgill l vNOIt}ll y dFw+.' r { It( 11 if r k rti i x `#.Alm :',y. al + .:.tease ;.... p nL''EI1 IISsald MA Y" 'i" >i ,v „ Ih`raut h tht vt l r(,htuts( fO7 rnt rl r;anvv nt 1'' iit�jh° wM2 dR a} " nd!h5rr$yl ,} i�+,. t� ,� �.� > ., 4 )n sp Y 1SIi} W» bh�and artly b , }♦PJ\tfL12r3t11 + 1. N11 111\ $ 4tr1 + Jlfh rtE } eAyi $ . a Y+i Y 4 li e 4 IN rytr, + iawror+ .or 4 w hY » s x�! lht 7 Nha NOrtlt\\+ 4t r:jy t tt einkartd t t wt't'e trtE f. -„i}ISu dillA(.St4 t•I\s.4� ,+«� ti<l Wtl)ir �r ra4” ;» Jcx k w7= wa4asl'ttl(1,1nri\\- gtwlttl tdt} rrytdthgnee4PV l t Stirith tc stt 1\ fcxlOvs" 1;ilflt «4 �2 't ! j+5 i"4' " # + 't✓ ,• r ) 1 t ; i0 nt d Y r2 x rr tf t+ b f$ra:,° r ai s .+iA � .a+k t F ° h'? 'i,S t a o�� i r AIR WI bey ,r,.;d '4flK a f; eaFg° (.r { '�4 'S 4: 1 4 c t t tL• t i s «-"1.,t✓ "c t"' ..tre `>4.°:'.6 a 't 1 se's 'v s a r Y »ry r? tJF3✓+E'e "'*rt t✓'dta + *" ;y ✓: a. A, kt#�}�.�' �.r 'vF ( ilI1 r11T1J ahl "33 a.3)y SSI rs ry } tlrt- 1ttL fJ , t t 7t r thc.nt t4r(tnninlr toltlltastc rly��3 70 i a § r ^� { �f y y j 4Y4F.'T# Lt lair th } 1 t 1 IZ ah/t;)$ �tkp •A 'M1GTY% �? %' °r I h?'RI'4 ,rvyrm E - t e r f rqe r hn,"A 101 YQU�I l ) e 1 .4 1 lir 1r then �r t , ea x>a} U. Nee*. #, d +,:EtJ c F r.�„ , t ainr tris}` r tnnln'K ^11 Y'^ s xr �+t ytl � f,•h11r I Itifr r tc r ' fie" wYre ° } �t i`E 7 p 1 a rE.yS Y,**' aR > L .J yr}ft + i " "„9 9" ('S I lIi52� h + +t' t+• .&a1<'e� X}Y,a1Y E) Ilk. tJIS} S !Il iw yt ! Jt 11 a{,� r & 3 x i 13, , l p;,� 117tIrfOE,i)a i 18°i\1 ) ' ^ a wsm r *rt ty 'a } •a • :r t aMW ,+:. k ),#r 1*r�t��tI4'i w ... 1 la t ;T }t r 11 ?c t'' } k r r^aa^kdrt„`dY`.'lil °4 T jI1F11)ifl(1lC',}x"�14 '";i"-Q +``" '1 1„I r. , g }v)} 7µ1e ,t\.wrAppletun�nyF y`✓L Irt ^Xekfa bl � 'Lf1 I�lc }nrl;'r}Inuit'' yk" rt. t �tilFdl a'� r � ," i SG t t ”} tr ")1_tL E t x t4 a r n u A iI �y 3.' ' rrcd: :`,.urr ,CCrE;1*r '4 Tr 4trtj' �1'Ltt:litgill{J'3;'I1, S64U �tt,St) b 1s!( e .rrurrnt7l s 1 a- "�, {, °b�)yy�{wrs; " " e Y� JJ roNe ,tr de; #d go Wig.�¢.vyT' 'r i.a, >X. edj YFY a 1 m S :I+ 7' '1 'kW,yt W 1w lt.i.l r,,y .}'� ?yl! Ityy L O1Ci t tt{UI'.i17+,i1 T rf }'�" `.471 t1a L9 ytT k '`L )lr alµt" trFt , I . § rt:�`M1 t er ✓ ) K�tOrt)itV(St+w ri'lY.£.I.i} j+, 4Y}lltty °S(a Efo °` Md.y»r 00 ep .3?y apM ri"r #It . *_�Sa1 Cllliltit all�d++C1i17113n�*`; t ) togethi r �; tll"*tk1h of ��1 ^�t°�'E yt4ik „'t * F*^” + R !'+�d a.p„�•.w+ } f'J° 7x 31kfit'?' .�� ni ✓yk " $•1 R r FEi'd 4q� ..� �'} 3 �', F'j�'' .E+Y a� ." vSy S k f n6s ! i",Ata ,ti+A, y ° 9`. ` 4r + )'Y4d k ° ) ft ✓ $ # < L gsaP ',y�Syrrf �1`kk y 'e Tv"� *�r, t ,v✓i ,9t".l'r »e t�. 1136�11rn1t1 t tinNi ril v f t ,7 f S fry ri141 r " . .101 :.#� '� `r..'>rvt at•4� oFt nro,+ a R.. MIR ,y.,;.r 9 Of eht 1° tr S( Ss Qn+FkWt}iltdc rat* *µ tttvt,i ttslV'�r1�n7u f)txfuttjt rlv of 1J ,lfniIle, lley, fly 7,r,t `ytJnrin*e'SoufhEr`1' rt,1p S mRpit 41, t � $ fv5'L t ZLt" ztcrw � wt t �IV IwlnkntnlEdSouth � t t„ b} ;said*�Vh«iti 3 iilu! 4�, tU Ittl h>, r tt rtv +ulY1'hr a t trA`"fiaM ' .wY vig' i ;-la fi. } w x; q rx � 'v n a K` n x1•-k r'`4s'x zlw t,f r:,`l an<I�Of � ,p� � trlru:in;riy t ut Fd,u u7ert « 1 SL 1 , al,y3�q lnt,>i r).tI'S ttd`„Frh, 3 nlp"ra s4 .1 t for it t r "T7#, y' S y 1f 1w- F t 5+ ' I 4,Y\ J t 1 L .114`} ♦•t r ri .r n f n(EtUr nl a �” " ` ;° '� "^ l k• i hl1t ht tr6 Ort «t 7 Y SEr ))t rby .+Y nr * f Nor .1 & Fy'kta., ,a, +t r Y t otirnll tndJrunn'Lngr # , e kv�r y«x 4 ,C -"rr 4rcy aeVi#. 5Y-i' dR 4 .,Y T✓3b. xs ihvh:v l to l of v ud : llt tll 1t d1 4 41 fe et b8'`nl ht s t+J landt1 �j n u r lUF Cr . rtOW, Or�a'1! Se ,oz Crtt(xrlYk rJ ,4}Iva 11ll't li hl 11+ V t}ii1Ki » ^ - M1x A fJ f 1 , .i; Lu, nln ancia rut lut ,» ;v5e �It t l 'ib " a Y Y,)"tiaJd la x d' 1:'tM1 "1 ,t1CI bUL }I rf,lilt a{ t 1:14'^ l lr' a M1� k•t !r 6 r4 t, Y w s's`z {' Q { S r \ .iG + rt 1 ge,321r er L* r t )-r 5 5tU W}lt L+ sY t + .t t r tt n point Of. n 3 µxi Ri '' 3 z K r ,< 'x'aa �z &i ' 'I #9 "rr #.,4 M1 t a < x .s' ¢ 4 s} 6Yk 1 r 1 m e £V w drr.t y t;r!` �'A "t y r of gas N'reTxi 1'^,{Y hhS'k ray rw t Sr L Y' 'plt ` * a+ J •'ljl yi i9§, rr �yl i (* k .+ :IGs ay r b a MAIN a u .9t « n r+, �u w r. t,P+ x + ,A d t re ,4 M• "pwt+ M1 + 4 1 'Yt d s 'M1:# 4 ; 'k r 'Sk 1 + t , ,a m ;• al 7` ,: „>6. +91T 1 w "n i SES; 7 f + lr "1A xa k 5 S e r g y r, r x^ '$'tL ° ♦n#N a " bti,. ` ;1$Ef k ro,. 'n L J, d "E ag „d ��11ts. F �s 1 w•,e r {Ir ski '4" "'x^�`,. •'.)lt t" ; )$- w p " Rots MM ro *`Sr'}.£ 1V0 t}h•,lStt .te '. t 1 NK to A'LFf eM1.� y 151 nr v O L �!1 tett ) } r Tw 1r + xm � y tC& i• x "�i . r .� ?r° 3• lx ai i . e r )x ,w SOuthc•a qtr I,IvhN Irttntld1nu . ;5 -�<�Itlr t} t.:r Iry of�) t Q �« x» 9 4 ♦ t 3,b '#+" VP h3^° 3.3 °:r Y,.z '4"i"t* ea- y Lr-" z. to '+ IS,0 ., V 1 ti r w *t t+c " iF 3K q•Paxr�r._"a 'idxt rklitrl 'hhr� ��„ul» II * � > `^jl\ rdJE'd'1i�rf)"'hiJll�+af HV€fGf tr t ,. p� ti't;. kik yyy9 .h iia r,,f,N'(j th%Q-gstn l r h, 11n'.f do rro l 1$i` Yr: h d”. -x^. * t}} i t<I11Q Tly ns�f SIi}r i el tl e'1ndM�f r " i,"Iru ` . X a� ,vr �t k � �} it »•. >aw r s . � tw+.P & a ? ,)` :et •1)t r iA. riR3i z tr�j Un ra �17ttyi n.1. lahPrjt. xFm' lr: Ffi x M1t r x(it^lro"s rtpr .yy�,;��' a{,k° r46rAk ' ' "v vyalt ' ° + dCi' 1'4d ° Y"Fi `rsnwl,.1tP w3.}'ia x •^4 .,,s"Vafl � i {(rTmmRi'r t=>P.rtS 1 ^r r S'4 i r 'G✓ �.�NMI' 4dk ➢ » �"' 1 §1 fa-. � �t� � i•t'"�lda "{Iw hr o { `L P , �gp §I. �^S,pS1 K x " d .� , a,L,,'#P,`if9 �, r�`+w +kytirc4^"kr n.(y X "Pii>'^9ey 3 c ,r A ar' a dlug � ,& ^rr SS�� bL" i '!a 'agAxyy +!i*)par ° .fir}& r3E x 9. r'•: sp di .3a'.. }gt'?i "P` s$ e\ `zfi 5 ,ej If'Fr mt §d'?` * k ,p r r * y§t d 4' af'to- d "fix , asb yut i La` '4„rx'✓'E ° wbi„i kfi ,. fp eW. e '{�� Ar} it #+ �,t,u ' t4 yn"� �,`^k ✓ )' .� lit �" %a k w t ! Y�, -4e kw 4+�F')`��3{ °A �� yF�,,*,° I c F �rr�r' _ r •t ddSf��"�� .ay��. h h' � �R M1E �. .F q�4 _'liT tt� ' k '+11F hd �;��..`t� iw� w,,�""'7� �s�dyyl4>rr {G "h °' "� a¢) M1'�. +' °'tr•}i'§`� y�.t�V t1`r�� + "'�Lr` .w' `� Y+3 .wx` SM +' Ysl ' ? `R' uric AgAYiM,"Bse, uHi It' ro$' :�✓}.1.ii x. "42`% •b. .xy� ' Ya . AM. na}, R { ,« r ` ,�`"I q+ + I 'i +f ', r•'n I,��{� 'I0 n � o f 9 M a In t 't4E I r r x r '# 6,k`} # '�£J yy! t t�«. r ' �n r< a n Yr b3'ti 'J} vbdf °r (ldi',' t4 4t.rx 't Irv, } e`}# {,1v('X+i Kb+�yyk r + �` t + �+ rrfi ,[ n x,,,n (s r C^ � e� }� �K � i "+��_« tt �t 1L,.4 <f ^f,">r^a f6 .�' � .r�v rffi w �Y a r ,�+p 4 yitYkl { t(yj%*yt.#l;l�..'b, { Cfrt�l iyl }{{rift 117f„j. f/(I11«I#1i(: u)IY 1 .`rl li114 ) �IIUV Il `sk r $r 5h?`+ RMfa'P� $ '% « ?+ x r;+ pR el i b r 'rx`.. k �. r p t db .xrrt �" Y b1+'47 �� %rmvw{4w+�!}i1 ,1 rt [ #5 +rf"liry !tI)rl eual ()#1 'It,tl#ti Scn ?.tl#} 14y.t rlyt vi�lu tlr .k t { M ,: 1'ki ` '^Q3..''yfku'{ 3+' tt+i` R } r r'44syy�„ y3n°Y"'+ s° a8 ;ry r1 P `"+41 -''.M+')? , n d r t �51 � � + 1 'v . a t r, tet 1k41 r I, ltllu� i pl LFyt4,�y `31'c<; t trl' K 1 rl 1V�IaU ,) +lilt {1 1` � .d „ Jia 5 ASl A1re S u _ r r *�''}}y^�) �v°�.�� 3F'e �,� RJI�h'` e'iw `#,w {I sfI,.4,. f#WY *n>) "5 t'S'.Itl�Ybl ill tll lli�. lys}lilr {tV tl# I})lib {.il�l1 b#.�1 kltl tll , > a#ey w ra.tr1 �# yt +r xr A, Y77 'is'. rei,^1 v4 ra �xet `a°,Y7` *i L i!. tk..; v s9Kt 'rft? 1 jr ja s'r „" }g ,�,� �Y ' xr'$.N t,�Ri w7a},i 'tlli r�! I��t #v �'� �T+ i 7 {+l u#'rh (,kk'(i#it 1 sC r(«� r•}In#bn 3f1'�'t I I 1 €I I�rsl�tlti r Cy er p t) 1 r son, 4'i `('l arcaa o;1, °' + > eT o + , ( fi:x.�, ' a r "t 1 4 R'ro . ", .er v y w �+ } l r, (:111411" we r 'r �. Y f x /K8`` A tky d ry t apt a '> x ° �' 0 a 4 >n••y , i ' ° , 'w )` �i.. ,}},n3r 'irR r ♦ r"3� 'LfM'#'� 1*rcwz.'�i, k. do. Y ix .<I[ 'Po �4, x ( 1 {t"Ya a+ t{ w P i : a v }+ « #r`jF j W. j3 FwrR if 7 +r',rr�C 'i 'f#r �'ir � � fi. F'•r"fr i�h ,'x" a fK+(+-* , 4� '�k �xr n r ; �'�:.. Iren'�"raa'k`yRa,w).#lt'}gM1+r.,,''fih"3�4a'tF� ;.; S'1��9x(#I 1qY�a$w�alnr$r'ililMx.•y',y.„t7��3r+eau,`a%vt1'a3♦{'�'',~.`s;.kr”,�.[€3ccT{{4rrzYSF ��,5Tt„,�+g=p"s�`haa�'3'.'A.M`n Is"Fs#,''�"r,q#'t j{ii,'A$++.b�Yt(SI�1y£!R:{I,&''f��r'4FF'YR'qSth��'+..dditt'"a�+�}�A�r.,p ge,)4s 4.wf4y''4t+w i+s M'�a'tt♦J ttanJ4'r,�YF{I}W}g#.,w+SP•IrkJ.„Y,..,}l lk,i1iw4�5i`tU��a}Ia'>�rati,'.�lt.r.}',x.:`9 miiri�rry#�1'f�sy.a{r r S l)r'1�YK'r's�.J1�i.1 Rkf�V Y"l`ri,v!Y,A,yWsiv`1JtAF1 uwIrg`1 x leINr,t'l.\rY�4#'i>�w'�Nr,c°t re5t K*#r¢H tt uk-a":.�f}4'^lyylf `fA4 t 4 d � qll� rd7r rak .7 " b Qrw+ -$T ' ii, "At 0 -k, J ; 1Y' nan, .. MI. « F I��•Srk{ ° "r,> ,kk wwly{ p '1 tlts'Lt''s R#r�'+4 rr --ka-mix o. Nvlyd" v5, , �c)A1n lad trl ,1L I FI�0P i`I�ts FIL Tit rTS' ,l ','P . 1 } ' rY3sSa rfr s Y 4,' � 3 +'VY1 qra "tYFk{ yy}7''7�°° MY"+' ; Rr "t -rirK C}�° xa )r{ !m �w `;%y tua`a�'"q".w raE. i #c.IfS `°�'. �r1r '+lir. 'y r 3 `sf r rS,1�3", I1i�141pgk# art I t)t)aso � d§! 'p3R.�w ( q. k,'�k, '` C'.:� ,, 5' 4y,j� ,,,y 1 ° `r.3'i9y'� + ' .`,«rl� 'Nr".tz K'"a ', S#' `, s,�+wro.�Gr �rra X191�`b le,nwFll 4e iJ.l' g°I'#1` IPA `1o}ll�n kim 11P)Ifl11�� kl'T{�� r#�U}O'�ti��tY� Rll{}Ml�h�i't„k.l le {\lel ty�§ �• .�A„F IIURC�+p.+ASk,w {.tls*.'{ ' Webs) 411 �.' of �Y11�.. 1,1,,:0—l(/1�i.�l��a l\la 4��l yiti Ll?;Y��'n rl#1r) y",,' �'A'Aw "r,9�tyy Z,21 �4PIi ll la'111yj rI{� rtY, � nett.L'1 N 1N N4't �E 'ek k �4'+a kCrth$ 5Yl'a x. Mr1 "r ,S ' '€�jYk3,vC�,{«s4' ' lrk +< AF' •#Yl 4 'Ifrte "i.; +', ea 4 r a r . S. vgf i r<,$�3}' - Sn x b ,- c #"`+: ; ,� R' r "t'"E). ° `Ra ! ” �S y 'TC ag 3 e s • .°: 'k" 1y, 'ill55y� CAr (kp " g U"r ." vIE aJ ,,.m�5:: 'ryll(�1411.1 '1�1 I µ" y #'' }'�sy' l",, .�*.V 7 r Nk 9 .{,'dh rk t " s* 1 M ! 1 ;' p e f y, A2 «r"kr Nr` �r x� ,w2dokv u`°'r( , 'ti �ryy, i �.{ r f ay r f "+ , , 9 dF '�baE .• e, i;"M.:�.' ,jl r '^C 4k�� rr ,=h ¢K tJ4.3�t ye y Ft Ir ley Rim >w+1 r � ref.,. rr SrK i"Ft�f<�ie `trf�)8atl r -T Ag ' s e5 AF } 't' 4 �kq + N s" cj. are � F' ''•"1 t";YI jgi. ? rk✓ bf: /. ° rkaPl$ry$) R"nt .,�: N. t b Fi h p rr b } 4 qn 3 °r .t^ pI4Y� ;F 1 F£ 1#� "` r a a .X+.r, ,M. t r Y '4xrf.SY° < '% . x r { +.t.! rIr }w, ee"vr i. bak"r` '4gP j n # x r R +d r g ! b 3' tjt t ib {i�.R d' M;k nq}, < ,y h 4r,", aRSF' ai,'�iajay'xi, yl,,. �'- °3tr Mj } •fi r vt9 man`'-'ry x! bf +�4,` Ii, ss� ,i,l+ +'$ 9 .+ Yar ;i. xtY iwcj1r < * va c a ,,5'yut I t {f Ft p1t" L a'` 'Y } ( .'�' 6jy k ,[ xt3 fva irn ry " a r r r{N k# Atm'Yn ,tl I *o °, K . `to �! er ilri 1 1� i 44 + a"+t 6 mt 5F L rk r. 3w : i p6 ""�� Y.�"q X'', `"' ,•. d t b9 r f �cx} 7x Sx . a f} I a P 3" $. pwa " r 9 ,� ' 'J ' k`� b`if Y �f� �p� G� t0 rikqF a' Igo sA i I $+` x r x s 4, + '4'41 f ` liol r .� x a,,r '.+r k' + t x#in + r $4 { r x ( r ,t•» t)f 't�35a;' 'rr psi';. «` x 1 ' t c ` t s ,. r"'+" >ti••arsx I-f ap1� p .t, q nrt)y °"b � r 5 C'i h3 v p toi k' � G 301 rEa "a t.14 s .% Jr ,{wk4 r 3xga�e v ns N te� lh G `^�`5sht}i ex e^ 2"r f�,1 # w 1 Y r r"Pr ri«a r CCv r d 1 .p'�° `6 k' fYyTI eC} � 5 4 'It Cvtl± a { kF a/y ,:4 q '% F <T y a.X; r roa u{p x � ssxl7t c g t t . �rkaa pa,k .a v �'^« c4 a:+ aFN � � th e � 54d �I. T` r S R Ik r '�'r a tl�' , y •{ u ( a F a P f ;ri # y 3 y{7 per x,i,, 0. xn' �Jt k'Ks+�k+a.} +.� K ! #t 's x `13 AyY.rre Kr } n^'d Jr a '1;14 r1 n 5 Ars I w k,Yx X STf E 4 cix , b 4* yv e d i q p vwn}X' 4 1 ° rw y b 4 ' 1 �{4 #s "my; t r. V"k xo � '`�r"" to �� $` 1X. >a x �'6 k 9t a ,�",q'l-^ e o�'(� �rA r,�`� l/ d�'�'c t .V + . yy..u§ Yxr,t(t.v2+V. i G�!' �' Mey%«I" a��Y'A�.„"{fz1 xa "� �.V{d � �J 3x, }.«�y"1,54��s .;�r.M �Qd•L+a�'P�JIk�.a'K5'4a 1'�% '.W* .��'�tr S{h s t 'r)�u!..1R1 � t #�+0F4t'!fw° rw ot'd+k f Y,A ;'4 7Ar7".. e�. y. •k � i. 4 §t4 w � L f rr"Y a b r a a C § 1 n 5x 4t 5;d tti 7 ur tl"r'". 1'}t N �w� 1`� y"k+£ry:;' k�x $�, r ntl�i aab ..�>7' ''� L '� � i'` .✓ick, "aka C *i w s.W +k s"* �I n n Y�x"�g5''r'h �4,#.rt > � '`� b t @� �Ra' k a k t a.+i , „ ' ,;" F i6,>�t- ]« v.„,a}w cy t 'u�`( r. rrt {r m) € ,% s > F. air " . 3f r t° ''Ig�tr3' r Y' �4# .rx y�" 4 s tj(. n % 'fir rg'_ l? '! pr'CkA` .' t FP h j#f .A'ra i+# t ,ar £i � r.r«V All x3 r,rx 'ter",,, q ; 4r �`^ � i i'is `• • KIla77 ,7" ►�' `..rr ^i, t. '"'ir i{"_ Yr $ 4`a 'K `,:/M Atk w, !.��7*�� ^'{ �it� O4 '. 14tx({,� � 'srla 3r Yk0 { RIl I 1 v ,n 1�#'n IibF,J� ,i i ,+�, �,4 ��4r3,2 fir YF D �` Ara 5.x r.•, 4 ,*Si y n frr �,5 a x � t �E %�. x F r e r n r 1 k {rr'`ti{'. � 4 � r ✓�f ,,#Csw w lost ax `$ ° z Yt "rp,�i% �n« J § 'i .� Y i 5Sf tl`Y� ,'�Jt t C.sa,� r; r }".-X a# +'' 4 « ., r ;1 i'Ir Y� NR 'j §1 IR r9 S /' y' I� f+4 'F'.e9e�sY90-a Recorded "N c,v. : .t.. 3a... 1`7' ll�ar12,3 z7n a`, })f3 tft n palta2L0 +$ 1 �x s ,in �' jJll MM r J3'%4'}rY;kN i$9 ai%rRJ`1�'<4y"w ev# w ivr♦t't Se)ra<`n�'x#,a'!+CLA'w A rf1(iRxrs}l{t #3%aevvk 1s i k x nr via tss3 7S.55 , , ri .!, W "'ia e4 N. aPd % k a M"ri%e '� k`'# nr ra l.ttl' tl $ t �w. u+p>• } °".w' '1 'j t� �' �ee .jwy �stTg% Y 1 +Yrtr�b }, r b { tt i# 'v r�Y" i'r�' rJ:A t {»x fir✓' , '° ry r lr rJ". ti w `' Z 'a^e# b + 4 (.,: � ai. r V P - -- - ✓. zIh �_ `l �3 IoI `x NOW ALL MEN BY THESE PRESENTS that I , David N. Little of Salem, In the Little � County of Essex and Commonwealth of iaa8acbueette, In consideration of one J to dollar and other valuable considerations paid by Henry L. Russell of Bald III Russell at al Salem and Chester B. Sim of Danvers In said County of Essex, co-partnere 1 & Plan One 45. A doing business In said Salem under the firm name and style of the Russell One 41. A. Stamps Sim Tanning Company the receipt whereof Is hereby acknowledged, do hereby ��, Documentary, Canceled give, grant, bargain, sell and convey unto the Bald Henry L. Russell and , Chester B. Sim, a certain parcel of land With the buildings thereon situate xry In said SALEM and bounded and described as follows: Beglnning on White Street and thence running Northeasterly 63.70 feet to lend now or late Of Cashman; thence turning and running Southeasterly about 160 feat by land tiµ " S of Cashmtin and land of the grantoae to sale,, Harbor; thence turning and running Southwesterly by Salem Harbor to a line shown on a plan entitled .'. •Wharf Property of David M. Little, Salem, Maes. July 1919, Thomas A. Apple- -• ton, C. E.• to be recorded herewith; thence turning and running Northwest-erly by land of the grantor about 81 feet to a corner; thence turning and i running Southwesterly by land of the grantor 14.73 feet to a corner and White Street; thence turning and running Northwesterly by white Street 70.84 feat to the point begun at; together with the flats appurtenant therB- to. TO HAVE AND TO HOLD the granted premlaes, with all the privileges and appurtenances thereto belOnging, to the Bald Henry L. Rueeell and Chester B. Sim and their heirs and assigns, 40 their own use and behoof forever. And I hereby for myself and my heirs, executors, and administrators, cove- nant With the grantees and their heirs and assigns, that I am Lawfully seized In fee simple of the granted promisee; that they are free from all incumbrances; that I have good right to sell and convey the same as afore- -'I Bald; and that I will and V1 heirs, executors, and administrators shall warrant and defend the same to the grantees and their heirs and assigns for- . ever against the lawful Claims and demands bf all persons. And for the con- olderatlon aforesaid I, Clara B. Little, wife Of the said David M. Little do hereby release unto the Bald grantees and their Mire and assigns all right of or to both dower and homestead 1n'-the granted premises, and all Other rights and Interests therein. IN WITNESS WHEREOF we the Bald David 18;'tt G. Little and Clara B. Little hereunto set our haada and seals this first day Of NOvamber In the year one thousand nine hundred and nineteen. signed and eaaled ) David M. Little ( seal) In presence of ) Clara B. Little (seal) Marguerite Little ) COMMONWEALTH OF MASSACHUSETTS. Essex ea. November lot 1919. Then personally appeared the above named David M. Little and acknowledged the foregoing instrument to be bin free. 430 • ! book Me, page Sol, to which reference is had. wITHH98 q hand and soap t : this second day of October 1980. witness to signature ; Isabella P. Richardson (seal) Nlihu o. Loomis ) as trustee as aforsoold. t CO3WEVIALTH oP NASSACHOQNTrS Middlesex as. Newton october 6th 1980. Then personally appeared the above named Isabella F. Richardson and aa- �� knowledged the foregoing instrument to be her free act and deed, .Ibefore me, Frederic W. Woolwq Notary Public (Notarial Seal) 'My commission IbMI rem Tan. 11, 1986. Neoax so. Received Oct. 5, 1980. 8o m. past 8 A.Y. Recorded and ""mined. i i Russell Ia. - Henry L. Russell, of Salem, County'bf.Neoax and Commonwealth of lmsaa- chumetts, and Chester B. Sim of Danvers in said Oounty of Nssex, being on �li to marrtad, oo-partnera doing business in said Sale*, under the firm name am L' Russell-01a i Tanning CO. style of the Russsll-eia Tanning CO., for consideration paid, grant to thi Fo60 Rur 11 8tamAt f s Rus0e11-81m Tanaing Co., a corporation duly established by law, and havl� Documentary a usual place of business In said "I=, two eartsin parcels of land, wl Canceled ! the buildings thareon, situated Ia aald aAm, and bounded and dssorlbod ' I as follows: First Parcel: Beginning on whits Street and Chance running Northeasterly 58.70 feet to land now or late of Casnman; thence turning i and running Southoasterly about 150 feet by land of Cashman and land of r the grantees to Salem Harbor; manes turning and running Southwesterly by salon Harbor to a line shown on a plan entitled °wharf Property of Da- vid B. Little, Balsa, Russ., duly 1919, Thomas A. Appleto_n,'C.'H.• record I�i 1 , II ed Bssex South-Reglstry of Deeds; thence turning and running NorthwesW ly by land of the grantor about 81 feet to a corner; tbsnce turning and running Southwesterly by land of the grantor 16.78 feet to a corner and Whits Street; thence turning and running Northwesterly by white Street 70.84 feet tc the point begun at; together with the flats appurtenant thereto. Being the premises conveyed to us by deed of David H. Little, dated November 1, 1919, and recorded In said registry of Deeds, Root R4N7I Page 101. Second Parcel: Commencing on Blahey Street by land now or la of Derby and running oouumesterly by said Derby- to land formerly of i ! .,I Broc Moana, thence southeasterly by cold land fornorly of Brookhouos to low water mark, thence northeasterly by the chanuel to flats now Or late r of Webb, thence northwesterly by land of riots of said Webb to the cap- I Sill at the northwesterly corner of his wharf; thence northeasterly by 7 said Lobb - through the warebouse formerly owned In part by said Webb and u f, pspt,y by @owell, Lance northwesterly, northeasterly, marthwestorIll- l a 2-165 431 Fwosterly across Blaney street to the polnt begun at but reaerving so much) premises as Is appropriated for Said Blaney Street and for the way g to the wharf of said Webb except 90 much of saM premises as was released to Edward P. Howell by dead of Mary A. Glover, dated June Is, 11898. and recorded In the Besex South District Registry of Deeds, Book 1347, Page 174. 8ee dead from Nary A. Glover to George P. Roped dated jAprll s, 1899 and recorded In Said Registry of Dead&, Book 1808, Page 8741 i8ee dean to Annie S. Hopes duly recorded in Said Regletry, Book 2191, Pag 389. Being the B&me premises conveyed to us by deed of William D. Chappl� ': - trustee, recorded Sn Hook 88&9, Pegs 148. Both parcels are conveyed sub- sect to ehdumbranoes of record and to all taxes on municipal lions, 1f ate. b. I, Anna L. Russell, wife of Henry L. Russell release to said grantee all ights Of dower and homestead and other interests therein. WITNE88 our hands and scale this thirtieth day Of September 1920. COtOI MALTH OF NA88ACHU8ETT8 ) Henry L. Hassall (seal) ;Essex an. September 80, 1980. ) Anna L. Russell ) ( seal) Than personally appeared the ) Cheater B. 81m 1 (Deal) i above named Henry L. RU&De11, Anna L. Russell, Chester B. Sim, and aoknow ledged the foregoing Instrument to be their frac act &an deed, before ma, . Julia M. Cotter Notary Public (No tarl al seal) My Commission Expires Feb. 18, 1986. �18eex ed. Received Oat. 5. 1930- 30 0- past s A.N. Recorded and ExaminOd ---------- DIeC,large The Gloucester safe Deposit 4 haat Co., a corporation . legally astabllehe Gloucester Sa the Compo n2oal LII ore P" under the laws of Lf HWssachuestts, and having ltd usual Dap'6, Tr.Co. << place of business 1n Gloucester In Said Commonwealth, the USlgnea of a to yt( mortgage 91YOU D John P. Euo& aan Raoe r�r y 7 E. Eno& to Lucy J. d1ddlx, dates March 10, 1905, and recorded with Essex South District et al. Registry of Deeds, (Book 1771, Page 95, and Bald assignment of Lucy J. Naddlx to .the Bain Gloucester Safe Deposit s Troat Co. being dated April 9,l en with wain Regi 1910. and record etry of DeedsH Bock 2010, Page 220, acknowledges &atls- raotloh of the ease, IE wIffiE88 X09 Cha Bald Gloucester Sofa Dapo&1 4.. , T3'uat 0®. has causan these <.' presents to be signed and Sto f' ' .; t0 be beret* affixed by its vice Yrsdlneat, corporate Seal Iaa&o Patch, and its 7r'oae- 617 - ter, Hbiaos A. Smith, duly authcrlaed,thts seaonn day Of October, N1neLe hundred and twenty. Gloucester Bare Deposit i COINOMWEALTR OP ) Trust Co. ( Corporate seal) i�88ACHQ8ETT8. ) Isaac Patch ) VICe President. .Ba dex, ad. Gloucester ) Horace A. Smith Treasurer. October 2, 1920. Men personally appeared tne above named Iea" Patch i a � J W / kFrDfy` Salem Historical Commission CITY HALL, SALEM, MASS. 01370 April 20, 1978 John B. Powers, Supervisor of Public Property, Inspector of Builo'ings and Zoning Officer Department of Public Property One Salem Green Salem, Massachusetts 01970 Dear Mr. Powers: The Salem Historical Commission would like to bring to your attention its concern for the protection and preservation of two seriously deteriorating properties in the Derby Street area. These are the property at 2 Blaney Street owned by the Veterans of Foreign ';Tars 'Atch City Post 1524, Inc. and the property directly behind this owned by Thomas Y ckey and Sons, Inc. at 10 Blaney. TI*se• buildings are in a key Salem location, one of Salem's most storic and most visit areas. The location of the 2 Blaney Street property in both the erby Street Historic District (local) and its listing as part of Derby Waterfront District on the national Register of Historic Places attest to its significance both locally and nationally. T,Thile 10 Slaney is just outside these districts and despite its present condition, its high architectural significance makes it a very important Salem asset. .4e urge your department to see that every affort is made to assure their protection. Very truly yours, Richard Savickey f Chairman RS:ebw CC; John J. Mooney, Health Department; Jamies F. Brennan, Chief, Salem Fire Department; William Tinti, City Solicitor �wVSPs'•... } y b of 'Sutem, Aussadlusetts w 3Nat �9epartmen2 3ieuAquurirre y �eaHcnr:aN' Zama 3Brenn" 48 lafagette —*trert Date : August 21, 1978 Name : Thomas Mackey & Sons Inc. Re : 110 Blaney"Street;Salem Address :CS ?Y ale ,c Iv�ss and Adjacent structures As a result of an inspection this date of the premises , structure, . open land area or vehicle owned, occupied or otherwise under your control , the following recommendations are submitted and shall serve as a notice of violation of fire laws . These recommendations are made in the interest of fire prevention and to correct conditions that are or may become dangerous as a fire hazard or are in violation of law. You are hereby notified to remedy said violations named below within . seven days of above date. Such further action will be taken as the law requires , for failure to comply with the above requirements within the stipulated time. (Reference : General Laws of Commonwealth of Massachusetts, Chapter 148 , Section 30.; and the Salem Fire Code Article 1 .) 1. structures located on land at 10 Blaney Street and adjacent real estate, shall be secured in such a manner as to prevent vandalism. These structures are presently open to vandalism and shall be secured in such a manner so as to prevent access by vandals. Violation of Section #1 of the Salem Fire Code and Chapter 148, Section 5 of the Massachusetts General Laws. ccs Building Inspector Health Department Form #25A(9/75) Lt. David J. Goggin Salem Firri Marshal Cap �! E T a � CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH RcCPjV O Salem,- Massachusetts 01970 CITY 0r $,SLE 1(t SS ROBERT E. BLENKNORN -- -- 9 NORTH STREET HEALTH AGENT July 16, 19$7 16171 741-1800 Thomas Mackey & Sons 58 Broadway Salem, MA 01970 Dear Sir: Due to a petition complaint received by this department and in accordance with Chapter ill , Sections 127A and 127B of the Massachusetts General Laws, 105 CMR400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property located at 10 Blaney Street and White Street in Salem, MA. Based on the July 14, 1987 site inspection the following was noted: 1 .) An accumulation of various debris. (i.e. wood, glass, automobile parts, etc. ) 2.) Buildings open to environment causing potential propagation and harboraging of rodents and endangering public health and safety. The above observations are in violation of CMR410.602: Land (A) , Maintenance of Areas Free from Garbage and Rubbish. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well-being of the occupants of any dwelling or of the general public. You are hereby ordered to make a good-faith effort to correct these violations within thirty (30) days of receipt of this notice. Should you be aggrieved by this Order, you have a right to request a hearing before the Board of Health. A request for a Hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At this Hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, Orders, Notices or other documentary information in the possession of the Board and that any adverse party has the right to be present at the Hearing. / SALEM HEALTH DEPARTMENT "71 y 9 N-)Ith sl feet ;Pv Salem, MA 01970 Failure on your part to comply within the specified time can result in a complaint being sought against you in Salem District Court. FOR THE BOARD OF HEALTH ROBER E. BLENKHORN, C.H.O. HEALTH AGENT Certified Mail # P-534 548 347 cc: Fire Prevention , Captain Turner Anthony V. Salvo , Mayor Public Properties William Monroe REB/c 1 y,cnonq� �y. iJd4 �J J��INfNE CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT July 17, 1987 (617) 741-1800 N Thomas Mackey & Sons 58 Broadway Salem, MA 01970 Dear Sir: This letter is a clearification of the enclosed July 16, 1987 Order con- cerning your property located at 10 Blaney Street and white Street. Based on Health Department experience idle unsecured property with buildings in partial ruin and decay pose a serious threat to public health and safety. Any active future use of this property which concurs with current Massachu- setts Laws that would eliminate such health problems would be benificial to the area. The Health Department has greatly appreciated your cooperation in the past and will be grateful for your assistance in resolving this matter. If you have any questions please feel free to contact this office at 741- 1800. FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, C.H.O. HEALTH AGENT cc : Fire Prevention , Captain Turner Anthony V. Salvo , Mayor Public Properties , William Monroe e�.coawr4� a BUILDING DEPT a ? Fee 9 3 33 PH °89 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH RECEIVED Salem, Massachusetts 01970 CITY OF SALEM,MASS. ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 February 9, 1989 Thomas Mackey 6 Sons 58 Broadway Salem, MA 01970 Re: Blaney&_White Street prop; Attention: Mr. Daniel Mackey Dear Mr. Mackey, Enclosed please find a copy of the November 28, 1988 Health Department correspondence regarding the above mentioned property. Due to a complaint, a January 31, 1989 reinspection was made of the property by William Burke, R.S. of this Department. The following was noted: - The front gate is not secure as to prevent unauthorized entry. - All other violations noted on November 17, 1988 have been corrected. The Health Department appreciates your efforts and anticipated cooperation in resolving this last item. If you have any questions, please contact this office. FOR THE BOARD OF HEALTH REPLY TO ROBERT E. BLENKHORN, C.H.O. WILLIAM T. BURKE, R.S. HEALTH AGENT SENIOR SANITARIAN REB/m cc: Ward Councillor George Nowak Building Department Fire Department le Z'4171 Cite of *aiem, 0ag5arbuottg Public Property Department � g AWitbing Department One *alem green 745-9595 (Ext. 3S0 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 24, 1989 Leonard F. Femino, Esq. Assistant City Solicitor One School St. Beverly, MA 01915 Dear Mr. Femino: If you would kindly peruse the enclosed request relative to property located at White and Blaney Streets. I would appreciate an opinion on this matter. Sincer,ply, William H. Munroe Zoning Enforcement Officer WHM:bms Enclosures KEVIN T. DALY w: al LEONARD F. FEMINO ASSISTANT CITY SOLICITOR % ,�_ ;? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET �r.1>m.'�r�� 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN - SALEM, MA 01970 BEVERLY, MA 01915 745-4311 CITY SOLICITOR 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET May 4 , 1989 Mr. William H. Munroe Zoning Enforcement officer City of Salem One Salem Green Salem, MA 01970 in re: opinion Dear Mr. Munroe: I have been asked by you to determine whether the "flats" on the ocean owned by a property owner may be considered as part of his property for determining zoning related issues. I am of the opinion that the "flats" on the ocean owned by a property owner may be considered as part of his property for determining zoning related issues. It has long been the law in Massachusetts that private ownership along tidal waters extends to the low water mark. See Butler vs. Attorney General, 195 Mass. 79 ; Commonwealth vs. City of Roxbury, 75 Mass. 451. It is also clear that words in a deed intending to convey the flats, does, in fact, convey the flats. See Mayhew vs. Newton, 34 Mass. 357. Therefore, if an owner of real estate which abuts the ocean has a deed with language granting the flats as part of his parcel, it is clear that he owns the flats out to the low water mark. If he owns the flats, there is no reason to exclude that area from the area of the remaining parcel when considering zoning related issues. I Mr. William H. Munroe Page 2 May 4, 1989 If you have any questions, please feel free co contact this office. Very truly yours, Leonard F. Femino LFF/sbh cc: Josephine Fusco City Clerk KEVIN T. DALY LEONARD F. FEMINO ASSISTANT CITY SOLICITOR T% �—.Ti�.�? ASSISTANT CITY SOLICITOR qpr,mF`wts 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM. MA 01970 - BEVERLY. MA 01915 745-4311 Cllr SOLICITOR 745-4311 745-0500 93 WASHINGTON STREET 9211990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 61 WASHINGTON STREET May 4, 1989 Mr. William H. Munroe Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 in re: Opinion Dear Mr. Munroe: I have been asked by you to determine whether the "flats" on the ocean owned by a property owner may be considered as part of his property for determining zoning related issues. I am of the opinion that the "flats" on the ocean owned by a property owner may be considered as part of his property for determining zoning related issues. It has long been the law in Massachusetts that private ownership along tidal waters extends to the low water mark. See Butler vs. Attorney General, 195 Mass. 79 ; Commonwealth vs. City of Roxbury, 75 Mass. 451. It is also clear that words in a deed intending to convey the flats, does, in fact, convey the flats. See Mayhew vs. Newton, 34 Mass. 357 . Therefore, if an owner of real estate which abuts the ocean has a deed with language granting the flats as part of his parcel, it is clear that he owns the flats out to the low water mark. If he owns the flats, there is no reason to exclude that area from the area of the remaining parcel when considering zoning related issues. Mr. William H. Munroe Page 2 May 4, 1989 If you have any questions, please feel free to contact this office. Very truly yours, 0� Trt -- Leonard F. Femino LFF/sbh cc: Josephine Fusco City Clerk Citp of 6alem, 0aaacbUgettg qPM -'il °4'r Public Propertp Department 33uilbing Department Ont Opalem Oreen 745-9595 (Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 11, 1991 Thomas Mackey & Sons, Inc. 58 Broadway Street Salem,MA 01970 RE: 10 Blaney_Street Dear Mr. Mackey, On March 8, 1991, a Stop-work order was issued to the above referenced property. You are in violation of the Massachusetts State Building Code, Section 113, (no permits on record) . Please be advised that a building permit is required for the demolition being done to the property. Work shall not continue until a permit is issued. Failure to apply for a permit shall result in this office taking further legal action. Please contact me at this office within seven days upon receipt of this letter. t Sincerely, David J. Harris Assistant Building Inspector DJH/eaf cc: City Solicitor Ward Councillor Citp of *aCem, ,fflaggacb gettg Aublic Propertp Department °j�nmav�"s Nuilbing Mepartment One 9palem Breen 745-9595 ext. 380 William H. Munroe Director of Public Property inspector of Buildings Zoning Enforcement Officer April 30, 1991 Thomas Mackey & Sons, Inc. 58 Broadway Street Salem, MA 01970 RE: 10 Blaney Street Dear Mr. Mackey, On March 11, 1991 a letter was sent to you advising you of a violation of the Massachusetts State Building Code Section 113, (no permits on record) . At this time we have not received an application for a permit for demolition work at the above referenced property. Therefore this office will issue.. a criminal complaint in Salem District Court within seven days of receipt of this letter if we do not receive an application for the permit. Be advised that anyone who violates a provision of the Massachusetts State Building Code, shall be punishable by a fine of not more than $1,000. or by imprisonment for not more than one year or both for each violation. Sincerely, David J. Harris Assistant Building Inspector DJH/eaf cc: City Solicitor Ward Councillor 7 3 6 CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date. Address: Compiannt: Phone rt: Commainant: DAVID SHEA. CHAIRMAN KEVIN HARVEY BUILDING INSPECTOR I I FT EC'f'RICAL DEPARTMENT FIRE PREVENTION I Crry SOLICITOR /XHEALTH DEPARTMENT I I SALEM HOUSING AUTHORITY LICENSING POLICE DEPARTMENT PLANNING DEPARTMENT I ASSESSOR �I TREASURER/COLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. -HANK YOU FOR YOUR ASSISTANCE. ACTION: CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM D71 ate: n /C� - /G U Address: Compiannt: n� ` � � � Phone i1 Compiainant: DAVID SHEA. CHAIRMAN I I KEVIN HARVEY BUILDING INSPECTOR I I FT Fr'rstTCAI, DEPARTMENT FIRE PREVENTION I I CITY SOLICITOR 'XHEALTH DEPARTMENT I I SAi FM HOUSING AUTHORITY LICENSING POLICE DEPARTMENT PT AMMNG DEPARTMENT I I ASSESSOR �I TRF ASURFR/COLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR `."OUR ASSISTA,`lCE. .ACTION: ` "f � �. 4 � .fav � � 'r�� 't y r a � ��.3 �� w � 3 Sygi � r � m. � � �� rick � ¢ °� 3 . ; b oo P �, Nessachasetts Deparfinent of Enrtronmentot Protecffon j.....9t)782..... .� Bureau of Resource Protection- Waterways lnnrmni% Waterways Ucense or Permit Approval: r BRP WW 01 Except Projects Subject to Amnesty .................... BRP WW OZ Waterways Ucense or Permit Approval: Amnesty Projects Faciriry fo(d known) BRP WW 03 Waterways Amendment to Llcerme or Permit Approval General Waterways Applicalion Ha btelis e- Ilan on&13 before Project Information i 1>f NNn somplNNg session A-D of 1. Which permit category are you applying for? 6. The water body at the project site Is: fila Nrm ❑ BRP WIN 01 )(BRP WW 02 O BRP WW 03 (check 1 or more of both a&b) ti �a ei j a. Tidal 0 Filled Tidelands O Grss1 Pond jor Iwo 2. Applicant Daniel Mackey 9 River/Strum o uncertain ample. 1b. --' Thomas Mackey & Sons, Inc. b. X Natural o Man-Made o uncertain . ...........I..................... ""aft 1r. I AWN 7. Project description- Ia4 .................................. i e. bona . -- catPm,�A�1970—------— Maintain and repair existing pier j ss. IreOM'e IDPTt•/ rrpq) _ 3. Authorized agent William H. Kelley ............................ ........................................................................'.............................. e. Proposed use(check one or more of both a and b): "'� Tucker's Wharf P.O. Box 212 a. o Private Com marc ial O Industrial ................................................................................................. 0 Government O Facility of private tenancy Marblehead, MA 01945 ❑ Other(explain below) _................................ . ...........3. . Gynaen .....................s ....................... b. Wolof-dependent(6I7) 6.39-4454 Accessory O Nonwater-dependent rrw+ou g. Description of existing ind proposed use(s): 4. Property owner ................._Access..to-thfd..l ale.rW..?ys.........__._.. Thomas Mackey & Sons, Inc. ............................................................................................I.............. Arra ........._........_....................................................................._ - same - alarea/6' ....4...../nnf..........:................................................................... pnourtepn aen 7l ..........._.........._.......................................................................__.,. '__..................._....._.............._.... Upramloaar sipyrry — ...—_..__._._...........__._...._.._.__—_.-' —.-Map..A04...._._Tatcals._278,2011202 10. Will i reaerri Jew s,"W er arty publicbenNN M derMed from the project? 10_Blaney Street 0 Yes ❑ No f '(Inandn 1m/m/esr0aWj - - - ---- O e answer Is'Yes",UpWn below. Salem Essex ayno.e 5. Name of the water body,and the water body k is a — tributary to,at the project location ......................S.al.�rn..Harbor................................... Page 1 of 1e Massaehosetts Deparf7rrent o/EmUonmentat Proteetion :90782 Bureau o/Resource Protection— Waterways - -- all -- waterways Uci e or Penntt Approval: Trena -- m -- BRP WW 01 Except Projects Subject to Amnesty I BRP WW 02 waterways Uceftoe or Permit Approrat:Amnesty Projects facary to(eanown) BRP WW 03 Waterways Amendment to License or Permit Apprtlral General Waterways Application 11. For nonwater-dependent projects attach a statement 15. Is this application for an Amnsety Interim Approval? giving the following information;how the project s Po❑ Yes No consistent with the Coastal Zone Management Program policies,and how it serves a proper public purpose and e'Yes'.submit plena prepared in accordance with Appendix provides a greater benefit than a detriment to the public's A. rights in tidelands and great ponds. A 16. Approximately how long will If take to complete the project after an required permits have been Issued? N/A -------- ssu ........__.--._.................__...__._.. -----------. 17. What is the approximate total cool of the project(incl-,:__ 12. Will there be any discharge(either diad or indirect)01 nateriali d labor)? - 0 - waste material or waste water Into State waters from the eomtrunxon oro mwn o1 the project? ❑ Yes 15. Is the project site located within one or more of the following? NO 13. Have you previously applied to.or obtained a permit or C Area Of Critical Environmental Concent other authorization from,any agency(Interstate,Federal. State,or Local)tot any portion of the project described in ❑ Dean Sanctuary r this application? ❑ Designated !s✓ ed Pon Ar ❑ Yes No ❑ Uncertain ❑ Uncertain e Yes',provide the following kdormation:Attach a te. k the fxoNct site M a municipality with a state several#sheet for chapter et licenses for the property; approved fist Gane numbers,dates issued and recorded,book and Harbor Plan? page). 13 Yes X' Psn Under Review ❑ No O Unosn in See attached sheet 0 yes,is this proposal comstent with the plan? e„ro OF DMroAPICY ❑ Yes ❑ No Wdkaes 20. An licenses issued by the Department will contain a condition stating the term for which the flame it in IIwL Cats a an extended term is desired,attach appropriate documeo- Cation as required by 310 CMR 9.15(1)(b}(d)and deck Missiles two. ❑(Not applicable to woloodepndatt amnesty PrgMa) 21. Let the rams and complete malfing address of each abutter (attach additional shoos,a nownsary) 11. the ally work commenced or has any portion of the Project lot which you we now taking approval been wmplated? D Yes 13( No I Yue.describe below.State when ten work was completed and who performed the work. See aFt shed shoot (Piano clearly efiffedlaia on your applleellon drowines that portion of the wort which hat been somplMed from that wh;ch Is proposed.) Pape 2 of 13 Massachusetts Department Of Enrltanmenh/Hotactlon Bureau of Resource Protection— Waterways _90782 — ransmdtal/ BRP WW 01 waterways ucenae or Permit Approval: �--- Except Projects Subject to Amnesty ..................._.......... : BRP WW 02 waterways ucense or Permit Approval:Amnesty Projects facility ID(if ajpW17i BRP WW 03 waterways Amendment to License or Permit Approval General Waterways Application 22. n the proiw consists of the maintenance or addition of 24. Will the docking facility be equipped to offload sewage from ten berths or more,indicate the number below: mss? N/A Wet Storage Dry Storage ❑ Yes ❑ No A. existing slips NAA 25. 1 have attached project plans in a:cordance with the e. proposed or instructions contained in: additional slips: NIA ❑ Appendix A(for Interim Approval applications) 23. Will petroleum products or other hazardous materials be ❑ Appendix B(for Permit applications) stored or handled at the docking facility? Appendix C(tor License applic"ns) ❑ Yes ❑ No N/A H yes",note on the application plans and describe on a Appendices A-c are found on pp.7 of this Application separate sheet arty methodls)that will be used to prevent Package. possible spills,fires,explosions,ate. Certification All applicants,property owners and authorized agents must son this page.All future application cortespondence may be signed by the authorized agent alone. I hereby make application for a perrnh or license to authorize the activities I have described herein.Upon my signature,I agree to allow the duy authorized representatives of the Massachusetts Department of Environmental Protection and the Nlnuchw setts Coastal Zone Management Program to enter upon the premises of the project ape at reasonable times tot the purpose of inspection. I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge. 0-6 71t,Uclgi¢y /99s --------- ra. anr.vr aniel Mackey, for Thomas Mackey & Sons, Inc. rlers. / Q p�f aq�ur Daniel Mackey, for Thomas Mackey & Sons, Inc. iter rens {cosh syaerrt William H. Kelley .........._..................................._._...................... nrmaona _—........_...................__..__..................................._............................... _...._�_.._. Page 3 of 13 Massachusetts Deportment of fnrlronmeetsl Protection Bureau o/Resource Protection- Waterways rr 00 nsn ar BRP WW 01 waterways License or Permit Approval: Except Projects Subject to Amnesty BRP WW 02 waterways License or Permit Approval:Amnesty Projects iacf�dy tD(a arownl BRP WW 03 Waterways Amendment to License or Permit Approval General Waterways Application Waterways Dredging Addendum Plisse type or 1. Waterways Me pmt luny all N/A btomuban . --.�._..........._..... provided on ms term. 2. Provide a description of the dredging project. 3. What is the purpose of the dredging? C. What is the volume(cubic yards)of material to be dredged? 5. What method will be used to dredge? 6. Describe the disposal method that will be used and give the disposal beation(include a separate disposal she beation trop). 7. Applicant bas sous Oe Page 4 of 15 Massachuseffs Depsrbnent of Enrfronmeota/f'roteonon Bureau of Resource Protection– Waterways Waterways licence or Permit Approval: l r�iiTr r.ii— BRP WW 01 Except Projects Subject to Amnesty BRP WW 02 Waterways license or Permit Approval:Amnesty Projects Faeiirty to(a known) BRP WW 03 Waterways Amendment to llcense or Permit Approval General Waterways Application ' Municipal Zoning certificate Please type or NOW&*At ro Prim chary AN information Provided on this Daniel Mackey. for Thomas Mackey & Sons, Inc. corm. aaneaeaoeoa 10 Blaney Street nrrlc�meeremim Salem, MA 01970 Salem harbor WaeMry Maintain & repair existing pier & fill. waaioem a oopo<a�a meo!ro ra 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. nraasaaaeerarmor staruesaawwrm - ria uyne!!ra Page 5 of 13 Massachusetts Department of Ennis umenbi Protection 90782 Bureau of Resource Protection— Waterways ra�,mirni BRP WW 01 Waterman Ucense or Permit Approval: Except Projects Subject to Amnesty BRP WW 02 Waterways UcBme or Permit Approval:Amnesty Projects ____......' scam-ro(n arownt BRP WW 03 Waterways Amendment to License or Permit Approval General Waterways Application Municipal Planning Board Notification pluae type or print clearlyaftadomm• --..........._..... —_......... ban provided on this elm 1r5 F&to form. Daniel Mackey, for Thomas Mackey & Sons, Inc. Nath to Applicant: This Vanicipal Plans"bard 10 Blaney Street Notification section —_............ ..__..---• — must be submitted nps:r nor:am= otion`it)an la lic Salem MA 01970 onp6ml application + m oras.n it cannot be signed by C'ryTa Ne appropriate Salem Harbor municipal official at the time of delivery, ......................................................._._..................._ the applicant should wait until he or she moaivss the executed signature before submitting .....y<z, a,��__ ....:.,..._...e_::: .:•s..' :��:.,.va �.. :�><.ta.,,C she completed appheabon pwAille To be completed by municipal clerk orappropriate municipal officlaY. b DEP. I hereby certity that a copy of the completed waterways license applicstlion and plans described above was submitted by the applies it to the municipal planning board on .................. ........:.............. _......._..._............._......_--------- ._.. ......_...._..............................__. C7A)'/lerrn d ANN Page 6 of 13 PERMIT APPLICATION 90782 BRP WW 02 transmittel Daniel Mackev r,s;;;;` r,J W") Thomas Mackev & Sons. Inc. 58 Broadway, Salem, MA 01970 ADDITIONAL INFORMATION Question #21. List the name and complete mailing address of each abutter. Block/Lot Name Address 000/000 New England Power Co. 24 Port Avenue, Salem, MA 01970 000/000 Hawthorne Cove Marina White Street, Salem, MA 01970 } PERMIT APPLICATION Fi6782 BRP WW 02 rrensmittel Daniel Mackey Fer�my to ri known! Thomas Mackey & Sons. Inc. 58 Broadwav, Salem, MA 01970 ADDITIONAL INFORMATION Proof of Pre-1984 existence: Attached please find a copy of the Board of Assessors Record of Ownership for the applicant pre-dating 1984. PROPERTY I.D. DEW&MISC. PROPERTY ADDRESSRECORD-OWNERASOFJANi PHIOHOWNER LANDDATA Iret: Am" X41 eD0ia05225_= P.A66' 0010 BLAKEY STREET ms mwx -'. -"._A mx 1—a. 7000:00 Ior - 0278_ PAOI Z_0335_M °wMBR THOMAS MACKEY B SONS INC we w. 202_°01 1'u61 1..1965_mo x.ME Pn FRowr 35;00_1a zw emE pox w.' -AAI on a P 0 BOX 366 on M Amm .030 121 lex 002_061 a.m. 54n o'. AM SALEP MA 01970 019 2 I oa 211 waver. III09. D.U. 5 ou PRIOR oa smLn w on M COST DATA OTHER APPRAISAL DATA rut uxO VA+ 241 50 ELT. 1850_0'0 ATTIC: BUILT-INS: PORCHES(Cont.): STRUCTURE: BEDROOM DATA: PROPERTY DATA: 15 19 5 6 a]6 xo.RYc au ww Fw1 ,m :aoOE 3 4 +m Pxo-1 3-M 6Al.urr. 215 WAM mer. xn x pRAOE 3 mt {RK YFI COIVICIOR 131 Yw° 2416, M03 a+ EOR.+t FL 'Z 211 WID OOIIRT 222 wwwM I16a. -10 1a L& acz VAC r ,a Daum j +u essrr.Exf. zm mR.21wa 2 zn mer mO.uBE sa NE D 27773 TYSE 5 = 1 Qxu am m61m51 +a 3COOE Im MLWLL xm eOR.xN0. 211 % uBE 2a wuY a: ms' oEFR.wm. 4 rcM BASEMENT: Pa.era u. AREA 1e. o AU xo. Tor.Wl. z+1 orx1R WG at -AW V.e 128382 �y oss rvA A, vr.mwD. - +a mum to PA&. 365 TOPOGRAPHY: APPRAISERS COMMENTS: ATnc nlmCaroR 6l1 . Om ONQ to ALOOE lm YNF.w1LL m xO6EN91 at OC BPeEYEMT OBSOLESCENCE: I-a mr ,n ABPA +m Hm.Pia> RIXLND 2a 000 SF THIS USE D0.R�Rs rR{E SrfP .pJ RREP1ACEE FD. w, o]mrrrrOR me oxmCATOR ,a aDAu+r - 1m 2m 'Eeox. 10 wz FIREPLACES: PLUMBING: stooE lu ara zw Rax a. :v Rmc Y.n `PRIMARY STRUCTURE: NaISE OP aFo A'0. +a AREA ,n uxF.'L 2,0 acsumEw as 2ss FUEL 00161_ 1o.s mwM Wt 3iQ 5 tJt OWYIY tlt PIKER 211 O�WFROxr a1 3]l CPRYOES sn. 250-_9.1 cauxErs ou 2M1]zl1s. ,n HEAT." 6301 1131 al woon sroVE m] mw.c. Ivis�rATOR +n ewLTaNs coNsrn tae �& 09. EY wNx l 4257 x'MISC.IMPROVEMENTS: I PORCHES 4257 mxs,•m w9 I3068 mIQAm ws R0+1mA+R Iss Io06E tlsj ADOIRTIONS;—ou WOOF: 1 � YpOERN eATH ,n Y 5 mi 1 52009 YEPRECI non 44 669434 NNOW ECON.095.a 0 I mxs].2 1 asJ WT2'T ml 0mIG1Td1 to 0RA0E 1n Rc.0,TWAL 76612 •m.2 200— P5.1 TYPE m11 GARAGES: �10EFR +nl 1 ss.x 65 PssIL& ow +coOE t.ol +uj YI-.+YP.-- RmNO 6 IYPROV. 76612 mxsr.a m1 FUEL: AREA +.l I0wI5 +111 ux0 vAL 27773 IerY.] ul rPE-+ lot RATE R°TE ,y �FF,J 6y TVPES ,m I6flA0E t.2 6PA6E tell MIeC,my mNsr.. ou Is. lm 10FP11. +v 10EPn. ,MI Nu IYR1, 76600 1sr.4 AAA HEATING-A/C: 3cmE ,u tss .96C SF.. y11 NEAT COLE j Im AREA 14s IllmS Im YAAH LAND 27900 mxs.s om cp.+'� Im RATE RALE ,Pl YAflNEr IYPR 73500 sn.s w WLM mDEtm ORAOE tw wDE ,m roTLL cosy vAwE 101300 R+Ev.LAm 7800 i&F.s m. POOR GATE lm s6®R. M110EP11 X111 t1Ep 146 m3 lS 1m Ji:mE - 4 •<66E tY0 FREV.IYPROV.66 Y•CC 2958 0671 lxmu1011 1+1 AREA ,.9 mors 19+1 IDAl SAGE DORMERS' ANNUAL DATA: - RATE IflAn ,9z 1SAU PRICE' 648CC M. ... VAwEC11x4 0 �,+ 6PA0E u1 6P^OE mINO SKETCH DATA AVAILABLE v1E nvE Z '.1FRT. on uJ1Mr.Rl 0 112110EPa +ui10FAi- tmi BUILDING DIMENSIONS. SCALE: X-1 : C Y-1 : 0 1COV VAL 1013C' N0.4OE On XflNG.MEw C 11J �' 1y �' VA MRP VLL j1516E pl] A00R.ORK. O tl. INOICPTOfl ty I wmGTON 121 RN°L VALILE 1013010 1 W.REAR .lel DATA STATUS: I PORCHES: !m5c 11REm MIA n11A'e0� 1 ,ss 1,wwE stw ,mi 10Are ll /17/93 I� ms e 1 to AREA 2285 Ini I.D.DC al 060E 1 amGTOR On c "8Z 3 AAl I NEW OWNER: BUILDING PERMIT DATA. 1 2 3 owxER MW 072981 2.1 210 m x1WE MMM z.2 206 25A A —vA 20000 xv a, 259 Aon :RIxP 6 3Y - 3u 2. PROPERTY DESCRIPTION: 1mwE+100 2.. aH 1aA.0 E Rfl]AR16 n /!/ O/ 2.1 2" a] ` CRY OF SALEM,MASSACHUSETTS-COMMERCIALANDUSTRIAL WORKSHEET PROPERTY I.D. DEED 8 MISC, PROPERTY ADDRESS-RECORD OWNER AS OF JAN 1 LAND DATA: TYPE: AREA: "'°NO N ''00005225 P.ADD. 0010 BLANEY STREET SDE CODE A -OT 0278 PAGE 0335 OWOERTHOMAS MACKEY 8 SONS INC REM£ 2.30 SIE`' 201 "EAR 1965 NAME (FRONTAGE 35.00 RECORD wDE Lu. 440 ` P 0 BO% 366 iw2o xerro II. NNE, 027 ST NO 540 ADD SALEM MA 319713 !roxE I 11 D.U. PRn-OwMER:TROMAS MACKEY B SONS INC :MULTI-ZONE PROPERTY CHARACTERISTICS I RENTAL DATA-APTS: PROPERTY DATA'. —C LA.D VAL mec BASEMENT: 1 MISC.BLDGiIMPRNOMBRUN WATER DIST O LocAa. SEE YR BUILT TOT ARE, TYPE-t UNREM LAND COURT CPNYD AMU ]RADE FN AREA sP.t MO a ON UR _ :COST IND USE O LUMP SUN 440200 t ORADE LS. RUN M.t IUNREM VTNISUSE NET LAND 440200 `PE •INDICATOR RCM-1 I NO 2 OR UN OTHER LUC SUMMARY L.S.: COST: HP COND : PLUMBING: I`L DEP-1 ;UN RENT _ -GPCGRAP�,YI BASE VALUE S 2 FR BATNS :RCY1O.1 NO 1 BR UN NO SEWEN -YT .DILATOR 2 FO SAT TYPE. UN REM POLLING INT BSCLSCENCE 'EK w.C. 'S.F.] .O EPF UN .STEEP BSMT 0; .yNC EM SINKS UN PP-, 'l.RENT FLOOD PL PL8 :CO. U.INALS .RCn2 NO OFF UN OLEANVIEW HT AC =DIIv14P.Y STRIP=TUFF- GTNER IDEP2 N.PERT 0CEANFRON] CANOPY Bass LS. 'RCV-2 RENAL DATC.-]'- NCCI%IE -,MMAR`J. LBAD OK 2TORV �UEATING-A.Z., ;TYPE.] .OFFICE UNITS ''.TAL VALUE CPAINK Ol AREA NEAT TYPE y S.F, SOO RENTAL LAND'AWE 440200 I NGNT MR CON. UN AN,) .NETAIL'JNFIS .MPP VAWE PC:: CrAL A_ (CNS FUEL TYPE RCM-S ECO RENTAL MISC CDS' :EPAECATCN rUMEEP iS %DEP" .IN.UNITS _�N;_CiA tvIL'i� :.'M,- as m E :,as v-ECI:.L _ATL'PES. ROLA" ECO RENTAL _ CO..lMfNSNP iCLND iT.L •ry CANOPY TYPE .TYPES •WRENSE UNITS UNIT XO 'MISC Bt IMP 1f CANOPY AREA BE< ECD RENTAL FLOOR NO PCLNO:!MP UAS5.2 D.00"TYPE UN PP+ •DINER UNITS -TEM NO MISC COS- 1.044)DOCK AREA 'HCA ECO RENTAL EKPOSUPE NET IMP" SWNK TYPE '%DEPS t PARKING SP NO ROOMS -C- , 1.000 U-ASSv SWUNK AREA RCLKD-: ECO RENTAL UNIT TYPE MpRKE-INC 440200 Fl£J NO .TYPE' INCOME 1 EXC DM.I.A: NO PARK SP :AARKE':MF- ELEYTYPE SF.E REM(CALCI COST INO TOTAL OS-,-AL, 440200 E-mEPEP 3EY CAP 'UN REM,OVRD) RATE IALUAT:CN' O1-MM.AR440200 10'=PEA LS. IND RCN-S RENT:APTSI 'UNI'EOI --EV,LAND 461900 -X7=UIICP: ANNUALDATA: ..GEE'S RENT:OFcI 'UNIT LS. -FEV.!MP YM'SI VALUE DINING 0 RCNLD3 RENTIRETAIq L.S.WD PPEV SALE OA-.E O YAI-a - MOST FILED 0 TWEi PENT i1NO1 :MISC I.i. --EV SALE?PIC-- (CCF MAT, NNNG XELO 5F.ti RENT:WRNSEI CONDO COST "a'SALE""E IDG -VPc ADN CNNG 0 UN AN. RENT IOTNI iSE .S ��M1A�IE"i ., SALE MATE O P.v :-TA STATUS: RCN= POT OR INC 7000 SF RES USE SALE PILE 250100 ,S. 0 I DE-K vat COLL LOSS I•.I 'SALE 1-5 2 1 RC.. MISC INC ZCST MKT':AL, 440200 YAW$ C 0 LS:I _EFF GP INC :NCUME VALUE 'L:OR D 1_ LS2 iUPE.S. '�OPPVML'JE 463900 POUND _ 0 'MISC 'NIER FINAL'JALUE 0 !COST CAPgAR _ DC :ODE BUILDING PERMIT DATA: 2 3 NEW OWNER: TATE (OWNER NMEEP (NAME IFC--'IAL A VRPOSE ADD .COMPLETE 00101M00101M(If Q _ PROPROPERTYDESCRIPTION: NSA`DATE - REMARKS y Vf Lm-Ol 41_.0 t_i 1 of 21.71 e I I 101 o1 0,of I I t12a i i , 11 of 1 1 _ T_.--_ 10/16/93 10 BLANET 5 ' LAND 0i IND t " r...,r,. 0 (61212 00 A67V0 ._ err l'IrlvlAr,rr v r.n nr r_"n� � .1' •r ' 461200 461200 „ 1 r .: r rrrt.rrrnnv n,•no I I I i I I I I I I rlL,nrr/ IeRX1133Ess"�p OUNi tOXf INT. MMC "' M 6RR ET 0 eFR l r.. ..onralmr:lr 461 IT w ; marc Hutary 481 z .• r,r 46 •iSb 32 82 _a4 1 _. __ I�, . r r In n 1 33$ FD LD DV I - " 43.Sb0.A0bf ^r 219 00 0 gb ATERfrtONTTRBOi - rBO 361760..00 362419 6Q l� Wil LLLD DY ..11y9 t 95200 .00 00 e0 p p`` 111 Pi i�eU MiI 7,000..00 F 9520..00 00 00 p0 ONS ERV. RESTRICT Og 9520.82 219M 432 71U 00 UU 7. 5 . _... .._. .- 1 roml.nrxn 2. .0�C NA RK ET Lnun vol oe � 461,206� - ON INi4A NOtES/V<LUMION nU1HOlLlE HEAr11N0411nNOE9 9XF If11 10 BLANEY ST -4 .. .. EE pp NN66 aatltl LLpptt Moe MEur 9 M ACARi LAND ._ - .4^§Luep up Id1I1153E5SOR5:. -.. +VRL. 0 A[Ap7. Nlwe Exi mi L v -... .. r xr Vwll - ' rRynn r.ri IMrGwo Irrt ____ CO51 - Mn11 Y.E1 nnnnUAtll • BATI1KV.rc rr. 1nmLrgpLS : Hr SIVLE r • � rrr IA'I r:nll r •nP4N SlvlE _ ,_ _ rinr.+ll C<MAEIIWLCMv ..._ _.. 1 ♦r [MME IiR I r� ' an rs rtuR.m '. rEa w.0 w r mc.Rror m= rr r..r. vuumn __ r ..rrrra ' ___ Illr rll rx:1'nr rLV�m LLFN.,L ._....._....__ ' IM LrYMWI rRI RLEVf LC frJIN.MAr.9 4 UM4n9® 1 - - -'- WTBUIIDINOSIEkTPA MATURES can nnEe eUMMnnr - rx� n. y. iddld I S 'FIF,lll` 1R nnVEnSE e e e / e • ' PERMIT APPLICATION BRP WW 02 Transmittal Daniel Mackey Facility to (if knowril Thomas Mackey & Sons. Inc. 58 Broadway Salem, MA 01970 ADDITIONAL INFORMATION Proof of Post-1984 use: Attached please find an affidavit from the Abuttor affirming use without changes since 1 January 1984. Date: I Z/Z 7/y iT/ Ms. Jill Provencal D.E.P., Waterways Division One Winter Street Boston, MA 02108 Re: Daniel Mackey, Map 004/ Parcels 278,201 & 202, 10 Blaney Street. Salem, Ma., D.E.P. Amnesty License Application Dear Ms. Provencal; Mr. Daniel Mackey has informed me that he is applying to the D.E.P., Waterways Division for an Amnesty License for the structures at Map 004/Parcels 278, 201 & 202. 10 Blaney Street, Salem, MA. Please be advised that I do not object to the structures on the applicants property and that they do not interfere with nor impede activities on my property. Be advised that the waterfront structures referenced in the application were in place prior to 1984. I have no objection to the licensing of this facility. Very for: Hawthorn Cove Marina, Inc. 10 White Street Salem, MA 01970 PERMIT APPLICATION 0782 BRP WW 02 Iranimlitel Daniel Mackey Faci6t�wnt Thomas Mackey & Sons. Inc. 58 Broadway, Salem, MA 01970 ADDITIONAL INFORMATION Conservation Commission report of status ga98�. rsnsm Ditto — The scifit�y t�rrownl The City of Salem, Massachusetts CONSERVATION COMMISSION SALEM, MASSACHUSETTS 19 October 1994 1 i Commonwealth of Massachusetts Department of Environmental Protection Waterways Division I Winter Street Boston, MA 02108 Gentlemen: Please be advised that the Salem Conservation Commission has been informed by William H. Kelley, Agent, that Thomas Mackey & Sons, hic., Owner of the property at 10 Blaney Street, Salem, MA (Assessor Map 004, Lot 278) is in the process of applying fof a Chapter 91 Amnesty License regarding the property at 10 Blaney Street, Salem, MA. Review of Conservation Commission records indicates that therq have been: i Orders of Conditions: i i Certificates of Compliance: ,Za LAC-k <1 PPi t E 0 Fo K issued regarding the property at 10 Blaney Street. The Commission understands that no work is being proposed at this time relative to lite Amnesty License application. Should any work be proposed, the filing of at least a Request for Determination would be in order. Very truly yours, Salem Conservation Commission THE COMMONWEALTH OF MASSACHUSETTS WransmIts ORDER Fecll ty ID (If nown) WETLAND PROTECTION ACT G.L.c. 131 s.40 y 64-19 PROJECT LOCATION: Blane St FILE NUMBER:: T. Mackey & Sons c/o Daniel Mackey CERT. MAIL NO: 329809 TO: 58 Broadway, Salem, MA 01970 RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY CONSERVATION COMMISSION: 1/18/ DATE OF PUBLIC HEARING: Pursuant to the authority of G.L. c.131 s.40, the Salem Conservation Commission has considered your notice of intent and plans submitted therewith, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests. described in the said act. The Salem Conservation Commission hereby orders that the following conditions are necessary and all work must be performed in strict conformance therewith: CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other person of the . necessity of complying with all other applicable federal, state, or local statutes, ordinances, by—laws and/or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order. The order may be extended.by the issuing authority for one or more additional one—year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of th6 foregoing. 6. No work may be commenced until all appeal periods have elapsed from t`;e order of the Conservaticn Commission or from a final order by the Department of Natural Resources has elapsed. "D" 30 - CCVDITTO`:S CO.NT_TATUF.D PAGE 2 ?_TLE No. 64-19 7. No work shall be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located. Copy to be furnished to issuer of this order showing book and page. . B. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square . feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality.Engineering, File Number 64-19 10. Where the Department of Environmental-Quality Engineering is requested .10 make a determination and to issue a superseding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department of Environmental Quality Engineering. 11. The work shall conform to the following described plans and additional conditions: See attached sheet 2-A 3'_ Page 2-A-----------File No. 64-19 Since the Salem Conservation Commission has determined that the area on which the proposed work is to be done is significant to storm damage prevention, the following conditions shall be followed. a. All inoperable vehicles and machines shall be removed from Webb Wharf prior to completion of work. b. Riprap is to be placed over the southerly existing face of Webb Wharf. C. Only gravel and traprock shall be used in filling the upper and lower tidal pools. d. The top of the'pier deck shall be constructed to elevation 15.5 feet mean low water datum so as to be above the 100 year flood elevation. e. Nothing in this Order of Conditions shall be construed as authorizing encroachment on or over property not owned or controlled by the Applicants except with the consent of the owner or owners thereof. COV'DT^IONS CONTINUED PAGE 3 F nE \O. 64-19 The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Department of Eiivironrtiental Quality, Engineering, provided the request;is-made_i1n w3Ating and .bycertified mhk1 .ta<the Department of Environmental Quality Engineering ':within ten (10) days from the .issuance of this order: ISSUED By Salem Conservation Commissions � IN AAM A .......... I I On this 14,th, day of February 1977 , before me personally appeared the above commission members (Salem Conservation Commission) to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. M: CC' MARCH 7, 1960 ;?y corumission expires : Dona�d F. " t; Nota y Public �I - 32 - PERMIT APPLICATION 90782 BRP WW 02 Transsmtta Daniel Mackey Facility r i—o Thomas—Mackey & Sons. Inc. 58 Broadway, Salem, MA 01970 ADDITIONAL INFORMATION WEBB'S WHARF' History Constructed as a crib wharf circa 18S1 by Benjamin Webb, merchant residing at 17 Turner Street, Salem, Mass. Webb Wharf runs parallel to New England Power Company property which is made land that lays between Webb Wharf and the old Philadelphia & Reading rail terminal (Philips Wharf). It was an active marine facility through the 1920's On January 19, 1977, the then harbormaster, James Welton,inspected the site and found "pilings and heavy timbers still in evidence." Harbormaster Ralph E. Hobbs, Jr. reported: "My first recollection of Webb Wharf was some 55 years ago when a Captain Betts either owned or used the wharf for a marine repair and salvage dock. The old Boston to Bangor vessel "City of Rockland" was berthed at Webb Wharf and scrapped there. Her remains were then beached on Little Misery Island and burned to retrieve the scrap metal. Her remains are still there to this day. On 19 January 1977, at the time of low water, 1700 hours, the writer made an on scene examination of the area where the former Webb Wharf used to stand. The tide level at 1700 hours was minus 1.8 feet. The general shape of the wharf was clearly visible by the remains of old pillage protruding from the mud. The end of the former wharf extends approximately 185 feet beyond the present land area. There is still visible indications of the former wharf noted by several piles still standing on the right side on the present filled wharf area. signed: "Ralph E. Hobbs, Jr"., Harbormaster PERMIT APPLICATION 90782 BRP WW 02 ansm�tta Daniel Mackey Facilit�O(iknown) Thomas Mackey & Sons. Inc. 58 Broadway, Salem, MA 01970 ADDITIONAL INFORMATION WEBB'S WHARF DOCUMENTATION 1859 MAP City of Salem, by Henry Whipple & Son. (Peabody & Essex Museum archives) 1886 PHOTO View of Webb & Philips Wharves. (Peabody & Essex Museum archives) 1872 ATLAS Essex County, by D.B. Beers & Co. 1872 ATLAS Large scale view. 1895 PHOTO View of Webb & Philips Wharves. (Peabody & Essex Museum archives) 1895 PHOTO Large scale view of outer Webb Wharf. 1911 ATLAS City of Salem, by Walker Lithograph & Publishing. 1919 PLAN Survey of Webb Wharf, by Thomas Appleton. 1947 PLAN Survey of Webb Wharf, by Edward S. Averal 1962 LICENSE # 5473, U.S.C.G. Light Structure.' 1962 LICENSE Large scale of wharf area. 1912 LICENSE #3615, Louis Collier,Shown for Historic High Water. Note: Full size copies of 1912 License #3615 and 1947 Survey at end of documentation. PERMIT APPLICATION - BRP WW 02 190782 Daniel Mackey i Transmittal Thomas Mackey & Sons, Inc. 58 Broadway, Salem, MA 01970 Facility to ft known! rry , ❑ill I..... . .....-. :-- — -: f� \ ?� rr �r A". 'A�� t \ ' �9' '�•S/ \/ ��+' >> )eii ' h, r�`' �� '� I �� '1':'! .I �� . to .h,.�i[.� '•t � '�C�,�• � 1\ - ";' ° '• ��w, �'@� Webb's Wharf a { It ra • 1•�*�ac,.. wr, 4 K-.,. Constructed circa 1851 c�tlarro�r eaxnxtBs. ,1,LUdu d1n lase. i City of Salem - Map 1859 From: Peabody & Essex Museum ` PERMIT APPLICATION - BRP WW 02 90782 Daniel Mackey ransmtta Thomas Mackey & Sons, Inc. 58 Broadway, Salem, MA 01970 Facility ID (if known! Ah k b o h. 4 j k t a k �jf�a Yi� iz. k 1kGoY,� D � kh5 f^ ayI F. Y: ' E j.. { 3x' i s WEBB'S WHARF - 1886 Photo from Peabody & Essex Museum archives 9 5380 PERMIT APPLICATION - BRP WW 02 9782 Daniel Mackey Thomas Mackey & Sons, Inc. Transmitter 58 Broadway, Salem, MA 01970 Facili�ownl ±fo t WIIBNINOTON �� '♦� • .:♦ , ••.y' . � -'�: `�..�. WHARF l \\ \\ 1872 µ p • • I� • , i i o �j • • \�\� \� ..�/� '//��/ I �l• ��1 III • � . � • l 1��'��l l I 1 I I i / / • • I V . • _ I. 1 /l/II � I •� // 0 C�� • �t I'.Ili�lrvl[ \\` 4\✓" Nr./r.ur . T ✓nrr X716 rbrq' \ , a 1,rinn ESSEX COUNTY ATLAS - 1872 by: D.B. Beers & Co. PERMIT APPLICATION - BHP WW 02 2 78 Daniel Mackey transmittal 8 Thomas Mackey & Sons, Inc. 58 Broadway, Salem, MA 01970 Facility /D (if known) 46 lop ESSEX COUNTY ATLAS - 1872 by: D.B. Beers & Co. Large scale view PERMIT APPLICATION - BRP WW 02 JO7SZ Daniel Mackey Transmittal Thomas Mackey & Sons, Inc. 58 Broadway, Salem, MA 01970 FacOily ID til known! Webb's Wharf f Outer End k _ i k 3 x (24 3 3 $ '2 i xroe5< 3�/Z � f J 59 f S .Ff. / k 4f3�t gn�Y 17�.> k k� i f gg��x5 'C.>`�F � f4 b < Ff b �d J4 i 6 .�»:y'�•;L°f i.:JN4L' JJ Y ori 3 4 T Y♦6S+g \ 5 . IZI b '> < E 5 e f J L i LL } 6: .•h^(t..:n.:.::..i::(i. 2f!o3k:i :>::SL#:g. -SeY�..,i..%:,�tikka; kiN� 1 4 1 .,t<G'tf:o: f>�%y,a;Fy`y,C?.i"f..F�riGu��.•.,..:h'Sp�.:.:nc fn. I 4'O4'(v�ffxn WEBB'S WHARF - 1895 Photo from Peabody & Essex Museum archives # 15452 PERMIT APPLICATION - BRP WW 02 90782 Daniel Mackey Thomas Mackey 8 Sons, Inc. transmitter 58 Broadway, Salem, MA 01970 7 Facility known) /•/[� �js3 /�sY Js ✓ �•l :sx : . L 3 >. Lx. ♦ e ��a ♦�:♦�\\y\: \`\ s // ::GTt�i u< Fn � Y .. k k :. k \\ ♦ \a .��\ f � Y 6obr3>Y� £yi•�u r s > < 'i' 2g, ,��so.$ck L3"">e[�,[rL"i'rlj9��.[�$��a �E'£�c£�3xf�get�ix�r �e>[F�'�s♦k.�ya♦v`�sP( >♦.#'�� "?.>`E``>c��, ♦�,L c yxa!`arf�y��i'�'[l �E�i v[.�s ,'�r:rq<i:,�.# >::' k P $�r :.`i.�.s a '�&si § i e z� "r? [• : :".' .,s4?' z ✓ ^'e� �� s err 3� r� rx,[K,��c r r � �.a: 4 � y`♦ �z, t '* . A� �� a � �. 93Fr : rr[ !'zi £e,p �.tl k♦� ; t a � •'• HE�E "u. ziS�.W 'E3 Est'gg�>� sM 'p tcg �SE E r� t : t> .Ckt 2`2Y `[ aas � a. : `3 £, ., yS;;cs;s'sy,[.,_`<', : .E K[.;x • <> 4 s '£` y ? �' s > f :. Y • Y•• � �F% 3 t 'fFf� $� t �', f i �1 P L `5., .� �da4 k .. ♦ > w WEBB'S WHARF - 1895 Large Scale of outer end Photo from Peabody & Essex Museum archives #15452 PERMIT APPLICATION - BRP WW 02 911782 Daniel Mackey Thomas Mackey & Sons, Inc. Transmittal 58 Broadway, Salem, MA 01970 Facility ID (if known) a J � OO � A,v 1q 3 CP`L s tl' Rt1 �llfyl� K -1 Kl W ti u9i•¢ ATLAS of the CITY of SALEM - 1911 by: Walker Lithograph & Publishing, Boston, MA � 'PERMIT APPLICATION - BRP WW 02 , ' Danlel Mackey rensmiT 'tGl I Thomes Mackey & Sona, Inc. � 58 Broadway, Salem, MA 07970 Fecilily ID fi/ knowN � . ., . .. . . ... _ , ._ ... _ . . _. , _. , . _ . - �i . �5 4� t< , i , 3 ' :.,, � o � ' , `I . � . � z � $ . �. y�� I�� . . . � �.� _ � , •. l� � .1 . ., , . . � �� . . . � . .. � . ' . . . p . . .. . . R y � �^'--._ ._...._.._. ._..., � . _.. . . .. . . - � - . . -- .. . ta- � : . O � � . .. � � ..__r. , . _ . .. .. ... . _....._.. ._. _ . ... . _. ..�-.:..__..�..._ . . . .. . . -- ---- �,--:--- .�. .. . . . . . . . .,�, � -i - 2. . . 4.y . . � . . . � � � �. , ,- '- s..u.t..:�,�i — .. . ....�.,,.. . ... ...._.._.._. .... . .. • ' - ,.. . .. _. _ . .. � . .. ' ...: . . . ...:�....: . .....�..� .. . '__ . .:�.:... . .. . _ . , -�. ._. . ' _.� . .. - .i� � y . f .: � _ - --. _ .. , . . , .. �,. . . . . �. • � . �' . . . . . :. � ' 1' .1�: , , . . . .A . ,-. _ . . ... . . _....: — � . _ .. _ . __. .. --- , •.. w � . . u � � �� A . ,. 3 . � — n g 3 . � ' . � :.:: , 0.:� u _� . • _ _ ... . l .. . ' u � ;...__: ;:o .. � A" . "O • ' � � 1 : � .'� ' . � ' '. � � • , �;: [� ' � .. , . �..�.Yrf/_G.�'.we! . .14�-.oWtOLot.p'' 1 • . .i i,;i , . N. . '�^ . . ^N� .;� >: WEBB'S WHARF - 1919 Survey by: Thomas Appleton . � •� �: � � - . � i , c. �1 . . �. � � [ � � ', � ';� �, , , � i. '. � _ , , .,,\.. .`.� � t', ; � � I. i _ , � ' �' � , . � . 1 il ��. � 1��t I 1� '1� n � . � -- � / � . ,' � I �.__' � . � -� " i '�.�� ;' .1 � � � . . __ �q' . ��:.. , , �1,) ��,1�1� ° -��1 ' � "'i � �� '/t` �i� _ - ... � I', i _ ' . . �d�{ � 1 �__ � � , _ __ ,�� ;;� �� )��', �� ,� �,;,� ��Ii' ;, � � = _- - � 1i I ,', ',i'`� I , = J � � ,, � � , � i. , .. ,,... �� ` �L i Ir' . � ` sa , ' ,, ' �I � II I ti , � � � � � � . }-- .i..' .`� _ �h�--�--_ 'x' � �. . k 1 � ' r ,. . �� ^._. . „---�._., � . �y 1� I �i .,, il . ,.¢�,�i „� n7 , '�; _ � � , � ,. -- ,r'�"— - � i t. N �, � , ,i , i.. ��1 ; : , #: , � �'�� a y �r� ' � � - _ � -- � , +i,�� (, r . . . '��'� � -.F - !� � , I •( - I �� :• / l ' � . ;' 1: � �__ 4: � ,� , ; i , � I I'I I � I � _ II,: � �, rM ', I I. I�� `� . - � � �.,,'. _ 1. � , I , . �,, � � t � � , , � � ( � ir �- ' , ' . 1IIII� ::.L ', ♦ I �i �� . i � ! �'� t(� �.� t . ..M1. .... . ,�:.:L tJM�.�.�—J . _ �TRt "�'C�.�,p�. .!''.. . � �1 � _•'" 1 . w �t �l :it r� q� >,: � .4'1 t �� i— � lil�� . � � I I� I � '�t� n�.l� : ��. . ,}'.�Y h � . . .. � . . . �-�� t� I . � . , l ' I �{ I� '.'� � � ' . ' � i� p � .�.k� �� l� �� . � � � _ . �' �� ' � � �'�2,� �Ir� �� ,l-il . i . � S ' "_ _ ..< i . i �(I. �� i � ��, . ' '�i � . ,� � . . I ...- _l . ' . � ll�ll'�� F.: � . � 1 i �. i � �� l� i f. � � � ' �� i�i� �� ,�i• �,... ` ., �` ` . .. 1 _`;' . I �_.,I 1 �11i � t � � ,� . li ' � � i,' � �� ' ... �;� � : � � . �q� � � 1 � I '. ... 1�� . , � ,'1 . � ;,... ,. . , , '. '.. � . r I � '' � f � �y!`�.� ,, i' ! . i . ' . � � ` ' .... . . � � NV�.91�1.1�'.!'�I!.� . . � `. ' . � 1 . � � JAlr�vt.M . .. , �. � � �iFi �'i O I.f i. . , , . - — � �.�,.......__ _ . (. . �i : . . - - � . .... ._..�_. � � • • . � � � •� • � 1 � 1 • ' 1 ` ' � PERMIT APPLICATION - BRP WW 02 � � 782 , ' Daniel Mackey Thomas Mackey & Sons, Inc. ransm tta 58 B�oadway, Salem, MA 01970 � Fecilil��ownl Q� [Md iKau�fY 0►Ocirs.�0.DI7t:&4t�.rMai. �C�• � ' �' V ll«dr�J ..2/.�G9 Kq"'�'�'i+w.tl.:� •. ..� . . (� //lr.�..°1eM��.i'.�Glr.�KJ�'+,E�_ � . �.� �•.�. McJ,I_'k3/.v..Ts`y spl�Ne.3�y1719�L ' � I 4n�h � �� crs♦ ; �.. � •y � � � 1�Mi�l+�v1 PrJ.r Y UM�� n�l�\ 111M NIMaY11N�rt��/ �/ M��. OCME�� VICINI ♦ ►lAN 10��p�' 1u�b O �� :` \ ��'.,,� . . I � �� ♦ t!....... '. � ' � , �'�; (:.. 1�1�� ♦ \ . i � I C�n��s •` \ .�.. .. ( d n /� w l'`. �p ,�� : f� ♦ ` \ � 1L �� '`. `. f � ' . y� w � \�r \ QJ � \�'....� i `�� i••......... �0/1. 0�1.1� v i ' �� p I��.M�� , � --- ��Tr:-_ ....- � Z� N � a��Mr �' �� ,: � y�V i 1 e�.Fr � /L��'��e. � mo 5.,,�4 � �1 WEBB�S �J1�iJ/�. 11 F w'n�� "(/p � 1I�W ` , r `=N WHARF ' � �..,..... �Z � �" 1962 8 A L E M f •�� er.r N3.i -� . .. ARBOR F " ` �3 $] .... ..., ' '� •e•.��' a� .�.�. . � �,. ' �� IOCU � F 1� u 1 . � r F `: . S� �/% * a,r• ��• . � p�.�. «.�.Q F �eer��ei� . T . �;;.,.� ..:�...�e, , „ �.,. �� :'' : . ,� . r ... . J I �r�� .��~�.r.'� � .. � • � s..��ee■ '��t � � • � ■e.� N v � r u -ar .ro •e� � . �� LOCATION VLAN � � �e� mw � �uu er n�� ruto r��r e.��.�. t��r ��.�o lK^.^'1 I SY7� nu� �ecorr�r,nno rtnnoN or +�+r� rr r� � p �1(�TV S.yC01}5�T11 6pUN4[RD T [�p[ _ .-:71� ��-�M�� . UOM�1�11CT�I,I�tHI1EE IJl�IlOAT�[JICON� / � � . {�l[M �MN�110011 b �V �ALtM �Y.Hq fNf[T 1 Hl w�n .�n� < � ��" .` �� os WEBB'S WHARF - .lan. 22,1962 U.S. Coast Guard , D.E.Q.E. License # 5473 �� PERMIT APPLICATION - BRP WW 02 , ` Danlel Mackey Trenam tta Thomas Mackey & Sons, Inc. 58 8roadway, Salem, MA 01970 Facilily ID (i/ knownl � � , . � � � . . , . �� •' r `. . r•• '� � •• � �, � � � � � . ♦ � 1 WEBB'S WHARF - Jan. 22,1962 Large scale U.S. Coast Guard , D.E.Q.E. License # 5473 • ' PERM17 APPLICATION - BRP WW 02 90782 '� Daniel Mackey Thomas Mackey & Sons, Inc. ransmitta 58 Broadway, Salem, MA 01970 � Fecility ID lil knownl � �� ., .II�� u3,' t...;. £yy''f yT:Y.�.... '.,y'^ \. � � `. s � � :5 2� a � f `x . c i x� ��1��`' s: ,y, - x � .. i ag Y ,� �. £ x r ',s � 3,��. � � . .. a ' tE.�� •`�ys; ��.; y ��+�",Ry � e � s i� ° ��a � a�fi��fi�, c` :� g�`F: ? �3` � �y H �' ,$ �, 6, ', x :3� Ea'�"''��x � ,';{g,`�.v � � . < � �. � }� �� '�-i �' � ,�,� t -2f x�H y '� .�. . . �' �6 ��5 �`§'�,s�s� o�,r . ,s. 'i. �.�5d�''� �'�� ua�'` a��"�� . � ,�.�.'�g �k� f .. c� , z ., .d u � 3� ksxa az :..i�^��'2".¢f s�? :, ; ' . k. p>F��'.... ��.`�,ns pa 5 a 4 t � � ' ��'`� g x a �,. ;�e;�" Q �k� MS � . � � � j. : e �°ta�� 3�'��;� �r r: � 9� � :: ��' z � �. ; �. � :.. z n � $U� � � � ' 9 M 3 � � � h��is �' � f �r �:� � �`�� ,Z �: � �� a :«'s'`t�fi�. :�'� x ✓:.; '�'� A .z. .� ��> .,. .: .':. 3 3 �' ,� � .�. '� ¢�,�:..� � � i s , N� ' �r .� � j „� i� s.' t 'nfi . � \� ". s � aF �`'"'" L s r �'r�'� �'� � . ' ��`c R ,� �� a> .� �� 3 9 :.r - � . i c �£� a.'� !K� : k � T' � L � 5 '�x f d,' S3 : N �'�' 4��. ! �3 � 'Ree. ,� ' c r�. xk 3s r.,_Z s v£,�� }y ..£� r � - �� a� �, > : : y 4��'nt ; 5 `,� ¢ -�k 3a �$�",� �` si '� �.. . . s ��,#'� � e ��" . ? :,,��Y�� . l ��.� �` s:: £` ra a�:: � $ : k :'� y�w'Y r 'h � '�iK'.��, �x �R 1. ' x& 3 '�. 3 R c ra b� �. �_'>�iy ��+'^n .: 2 nYa��'35 � �" E . � � ��. i ��;£ � �� .. r, ��;R : �` � , � � �' s f ` t F: rFY.°�,� ? �A aH�"�'t f �; �i C , i �'� : �.�. i � _,'�''i.'. �� s i�,� h5'Y}',¢" t r4 a: � �j'� y1 � i �t x `•� -' � R q$ � ` ¢ �. � g; � �S : E e. ��: ¢�W -. � SS.R'�� . r � �s �3E' S � sy � � a � �, � � ! € � �.� ` ��'�EL�,4 b.1s y. �S z��t k � 'l � � ' �� ' � ��:. ` ��C� .¢ g � g : s 5 r� < F a =1 s 3 � ; $ � ;S > . � 'SF' Q f ,� '� � t.. � E f ' } w .� � �;n R`� � �", + � �:1 �.5 e �! �' . r: si � �' : . i . 5 sN x,: �' .i i' �E� � a $ 3. . `��'C > g ';� ,� � � � � � G� ':.� �x x .6a> 4i. : � �: �? � k. < � J '�3E...�3�� s �� . a, 1 � � . R A e�i a : s x i �t� : ��Y � 'tlt�: '�c ' � j �. .. ��i vg'F � ¢'� i� t .. � �� k �" : .':t'�`��' �� 'r`.=T4'F q � � js� �� . S�"r'f .� �` � ,7 ' � .. a-, � �. � y�,� v. .E � . � 3 � k : ��b '� fi 5 , �� C ��w�� 2 Y < _. � 3. J � � . riR:�' A . �� ' :.: « �� . � �. � � . . u� � s � �'` x i � ��R � �. . i�' :� n: � ' ys �� 6 � � y s ,� �x`�a < �' '��y� Y 4J� S . A L'. � � �>� �� :s� . . . � o o5f � 23sx :1: � �5> f � x �: c ' fa�� F.Y Hxn . . �s �� t Ei i 6 J•`:�.`L � a;:s` ' ��k : _ �-: s�. �.;. ?�.5�.�� i .>i .$ 4". WEBB'S WHARF - 1912 Abutting Site License #3615 lllustratin�; Historic Hi�li Water �" �'+"� a `�'-£« �-i �_ }�� d 'a1.It� �� . � � ,� � � '�.r �' � , ��, (b l� . ,� t _ S t } �� w:� �� , �f �_^�� s � �. 7�✓ ��1NS � i . � . • • • � � • • � � � : 6�'� ':. _`s: �+� • • =�t�S1�3-�iw' • • - .'� . • , . �,` • a-g.� _�i�.�' � aP`� , �. ..^. � � . � �: ` t a , } , , . ._ ..-a � . v� g� -vo , . .a ��_ ;a� � . ", � _ 'e � . � n. _ Y + ssi _ . • r �� "� �F , � T -� -� e— ��'l � •� T � �j T . T � H • �' � ' � - � � � . • i �J .L. ��J '� L Z �� .i �i J +�Y . . � . � � ..� .• .. ..�_. . � y 1 �LL�. � a • • � � � } �6�„"!A • — • � � � , �m � • . � � " � �� rn • ��. �. _ .__ , �� .{ S ��. O _ pm � _ � �� A `[ nl �U � Z+1� ,�� I �n, -q � 3 C D 1'�i° �� .y' � "� �� o �� .+�� f'��' I �• ♦`. ,6� N :� � Q V . • •+c � " • ' � �� , • a � ' • 1 • � . I a � � � � � . . • � O '. . o r, 7� � o ; u ,, _ � �sd . � S_ � . �' • .►�+��u!'"!� �'"a �� — ,; � g . / / � _ • ,' i 'i ,' ) � •�"d l�'J � - f ... _ . .�? �o� Js++r� '3'1V � I . ' r+'# b'�`� • � I � �� E � � . �� g � - '� E ;� � . -� �� . � �y -- - . r - � �r r} . �� w•.'• r . � . . . .._ . Y. . . � . p :'� ��A ._ . . . . _ . . _ . _ _ . .,__. . . _.._._..r...._ . _,�_.. �. .. �:�z:,a,.,. „s- , � � . � • � C�u�s�p su��e�,.1 w��te�j ; , `� ,: � � • • . . �.w �; . ' �' • • -. � H ,� . ,. �_ . Pa'4�t►+g �s�id}+� • °t�►� g :�{ � j� � I lv/r� 7uo� �,` � � ' ;� � � � R � `�: . � � � '� � �f . ��,n� i� � '� � • �a--"� c� ; ., � � m �� . � , � �, , � � � � � • . • � N o � , , xi-- � � '.' _ \ ' � �� b �� u `, :� - � � � ' � X � ` � � � � O � J t- ! � /� ,'\ , � ? � D ' �� AV � � � d� �# � s _" / ,r s a m :_ � � . A g . ' � _ '0�0 � O� • � I �. .._. . � , • . . . . � � � • . . .. d � N � � � � O � ( �� d� di� � P T � ; — — oo�=� M � ` � � � I \ - \\ -\ , \ \ \ YJs E \ '�\ - \. � . . � � `-�\ \ � �'�. � � D \' �� \ � � , . . . _ __ ^ �_ .., � _`` \ : � .. ,, � \ � �`� �hSf► M''�!1 ��'^� ��\�• � � N . � P�"'s!d �� \._. � s �'�. '� � - �' ` ..�� p .\ � � � \ '\ �.'�.' P� •� � � � _ � r \ \ \\ . �. _� " ` � �� ,.-�� \ � �� ` '� � .., � � / � �� •a ✓S� b 7P u�''�� . . :.'_ -r . ��1� - ';� � r'`. _, /, x_.•.�.._ . , . .. ... � . . . ,. / _. _. ..w ,.,., ,. . .,: � ��e��.� �. ,.� v �•�, �t�c� w�r+ , . _' � '� 0� „ ��,� � . .. �apu Pr'�IG (?qy�+d� jss � ' �� .� �s •1!4M .u�..o{N u+s1�5 J: � . ; -p0.'� .s� �}''+ � � �' � R �' � � 6 � p � � ffi � � � � � � . o � .� °� � s o � a ��s/+,sos �f,a.�e,� � . u R D � y�, 1 � � O . n �� ' �,:r.N � � � - $? 3 � a �_ � d �1 �� a 6 � �' � A 1I � Y 1� � �_ �_ v� p g � O* (,�!!y"� ��s'�!�'i �'�'tl� kp S � �- � � 7 � >� � � i w W ► � � � � � � ehsti�,•?q '�'^ P"� /l!� \ � �1 ► ,��.��.,n � '0'7��''"Q1 '3'N 1 �4 � � � ' S��JS �i7! »�+^ , . � . . � _ . _._ _ _ ._... .. :___. __. _.�. __�.,�..:....��. ,... �.,._ ..,� � ill-1_,« . ._. ., ..rt,_ _..,.-u . . . a, .,� _._.:. . �...�s, ,.,.�:..: ;� .. � �ra��' x �, e i.: :; . . ... . .. {'_ �i . . . �` q"�y..�. ' . �.T � ..;;_. .. . . . � c � �.,3�' ��' _ � . .o `. � � �� • 'A+ °`�' 1� � x +�.I ' :� � �_1 . ° N . �, ,�� • � � � � ;� ' (a � N , �I ~�w . �n� � �, e � . �'- , - � > � � � �,.. � r , � �`� N� i � •�+ ,� i '� � "� � � + r � � � ' x� � �. �' D � t � N � N M�_ �. ` � �� 3 � 0 N N_ r' n � = a � " .\ � � N �� '� � r� �- � � � - ' v�` � w � � N�L � ' 9 � �, � u _ N _ n „i , �, N r • � � � u t� 'O �;� � 3 f� ;, .� X� v` `�N �t �� '�• . � (u +g, '� i � � ` � � ¢� , ��' = p� � �� r � < � �, „� • � �'� K ° i .' B � ��" � � _/ �} � -NI A � � � . � ,i_� • 1 / �� • ,+ � . � � � a , �► � � . • � � � . �, - � . . • . .: � �/ i . , � , ' - . . . N . � �. � w ,p ' f � �' � � � � • 9 M� � � p� • � � �, ��' � i► p I� ! �� R " x � � � �„ • i � ��- L a+ �, . � � � � . � w -�. , a • . �p ' � ^� H� I�1 \ � r• � ? t��~� .. � .� ^p � , N • � ( A R . � _ .�-�� '�� „!" � �n� ' � � . g �' � j � ° ` � �� : L. . _ N N N��o�� . � ' - �� ,� , ., e � �'��i�'� �t��► .� � �� . = fr - � , � . '. 5 vA � Y §.hY �5' ... � °4 . . Yf. �VR4t�Zv �� `¢. . •-P•: y n_�._ �., x. ..._ _' =�• -�... 3!, ,�,._,..�_,�,.�w.!w w�._ •a_ _.;�.� � e:_.._... ...x ... _�. . .. . , �:�....µ.� .��;:..�ex.. .�. .�,. ) . � �� -�,. �� . ..-...�..>;� � COMMONWEALTH OF MASSACHUSETTS � EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a d DEPARTMENT OF ENVII20NMENTAL PROTECTION � 205A Lowell St., Wilmington, MA 01887 (978) 66I-7600 o`� ARGEO PAUL CELLUCCI � � Govemor � �- - -B�BDU�� Secretary lANE SWIFT I . . LAUREN A.LISS . Lieu[enant Crovemor . Commissioner February 18�',2000 Goldeney Corporation c/o Bourne Consulting Engineering 184 West Central Street Franklin, MA 02Q38 . RE: Chapter 91 Amended Written Determination Waterways Lic�ense Application No. W99-9152 Salem Hazbor in Salem, MA Dear Sir(s): ` I am pleased to enclose the Amended�ritten Determination,pursuant to M.G.L. c.91, sea18, for the referenced project. This Amended Written Determination has a twenty-one (21) day appeal period from the date of issuance. Please review Section VII of the Written Detemunation, "Nodce of Appeal Rights", for who may appeal and how such an appeal must be filed. The Waterways License for the project can be issued upon completion of the appeal period, assuming no appeal is filed. 3f you have any questions,please contact Jill E. Provencal at(978) 661-7778. Si cerely; � , es A. Spra Section Chief Wetlands and Waterways Program cc: Robert Blair; c/o Goldeneye Corporation,4 Blaney Street, Salem,MA 01970 Lois Bruinooge, DEPBoston; 1 Winter Street, 6�'Floor,Boston, MA 02108 Gregory Carrafiello, DEPBoston, 1 Winter Street, 6�'Floor, Boston, MA 02108 Heidi Zisch, DEP-OGCBoston, 1 Winter Street, 3rd Floor, Boston, MA 02108 Salem Mayor and City Council, City Ha11, Salem,MA 01970 ' 7'We informefion is available in elternah forma(by calling our ADA Coordinetor at(61'n 574-6872. � � � . 205A Lowell SL Wilmington,MA�01887 • Phone(878)BBL7600 • Fax(978)881-7815 • TTD#(878)661•7879 �q � . � - � � Prin[etl on RecyGetl Paper � � Salem Conservation.Commission,City Hall, Salem,MA 01970 Brian Valiton,ACOE, Regulatory Division, 696 Virginia Rd, Concord, MA 01742 Peter D. Colosi, c/o NOAA, One Backburn Drive, Gloucester,MA 01930 Walter B. Power, Salem Planning Boazd, City Hall, Salem, MA 01970 Salem, Zoning Board, City Hall, Sa1em, MA 01970 VWilliam Whooley, Hazbormaster, Winter Island, Salem, MA 01970 ' Peter Victory, 8 Lee Street, Salem, MA 01970 Heidi Milman, 109 Derby Street, Salem, MA 01970 Kristine J. Cheetham, 50 Webb Street, Salem, MA 01970 ' John and Jessica Arena, 6 White Street,Unit 2, Salem, MA 01970 Russell Vickers, c/o Hawthorne Cove Marina, 10 White Street, Salem, MA 01970 Carol Nazanjo, 6 White Street,Unit#4, Salem, MA 01970 Michael McLaughlin and Claudie Chuber, 3 White Street, Salem, MA 01970 Delores and Alice Jordan, 97 Derby Street,Salem, MA 01970 David Bystrom, 42 Turner Street, Salem, MA 01970 Douglas Haley, 43 Turner Street, Salem, MA 01970 Richazd Pabick, 35 Winter Island Road, Salem, MA 01970 Annie Harris, c/o Salem Port Development Corp, 6 Central Street, Salem, MA 01970 Stephen Hultgren, 6 White Street,Unit#5, Salem, MA 01970 MaureerrKeefe, 6 White Street,Unit#3, Salem, MA 01970 Deborah Luskey, 94 Derby Street, Salem,MA 01970 Priscilla Lord, 33 Cazlton Street, Salem, MA 01970 � • - George Smith, 6 White Street,Unit#5, Salem, MA 01970 ' .m � COMMONWEALTH OF MASSACHUSETTS " EXECUTNE OFFICE OF ENVIRONMENTAL AFFAIItS , DEPARTMENT OF ENVIRONMENTAL PROTECTION ,° Metropolitan Boston - Northeast Regional Office . ARGEO PAUL CELLUCCI . Govemor BOB DLIRAND � � � . Secretary � JAIYE SWIFI' � � Lieucenant Govemor � . I.AUREN LISS � � � � Commissioner DIVISION OF WETL�ANDS AND WATERWAYS WATERWAYS REGULATION PROGRAM AMENDED DETERNIINATION FOR ISSUANCE OF A WATERWAYS LICENSE FOR A WATER-DEPENDENT USE OF TIDELANDS PURSUANT TO M.G.L. C. 91 AND 310 C.M.R 9.00 I. PROJECT REFERENCE: Goldeneye Corporation onFilled and Flowed Tidelands of Sa1em Hazbor, Salem, MA Waterways Applicarion No. W99-9152 I. AMENDED PROJECT DESCRIPTION: Goldeneye CorporaUon(hereinafter the "ApplicanY') requests authorization pursuant to M.G.L. Chapter 91 of 310 CMR 9.00 to construct and maintain a 16's 10' pile-held pier; one 10'x 20' float, one 8'x 40' float; one 50'x 5' ramp; one 8'x 134' ramp; seven ('� 10'x 40' pile-held tioats; a 203 space parking lot; a 40'x 60' building and to repair an existing seawall. The Departrnent of Environmental Protection Waterways Regulation Program (hereinafter"the Department'�has jurisdiction over the proposed project because it constitutes new conshuction on filled and flowed Commonwealth tidelands of Salem Harbor. III. DEPARTMENT'S DETERMINATION OF WATER DEPENDENCY: The Department has determined that the use of filled and flowed Commonwealth tidelands within Salem Hazbor for a waterborne transportation facility, such as those serving ferries; cruise ships, commuter and excursion boats, and water shuttles and taxis is considered a water dependent-industrial use pursuant to 310 CMK 9.12(2). The parking azea has been determined to be accessory to a water- dependent use pursuant to'310 CMR 9.12(3). Therefore,the application has been processed as a water-dependent use project. This information is available in alternate format by calling our ADA Coordinator at(61'n 5746872. 205a Lowell St. Wilmington,MA 01887•Phone (978)661-7600•Fa7c (978)661-7615 •TDD#(978)661-7679 � Pnnletl an Recyeletl Paper - � . . � Waterways Application No. W99-9152 Amended Written Determinafion Page 2 IV. DEPARTMENT'S SUMMARY A) Chapter 91 Licensing History The Departxnent's historical plans and Chapter 91 Waterways licensing records show that four licenses have been issued for activities on the project including: DPW License#s 174, 174a, issued October 25, 1921 and 4548, issued January 16, 1962; and DEP License#4916. These licenses authorize the placement of fill,riprap and the construction of a seawall. Based upon review of this information,tHe historic high water mark is located at the seaward end of White and Blaney Streets. B)MEPA Review � The proposed project was reviewed under the Massachusetts Environmental Policy Act(MEPA) EOEA File#11860. The Secretary,of Environmental Affairs, issued a Certification on February 12, 1999 finding that an Environmental-Impact Report was not required. : C) Public Notice and Hearing The Depaztment sent notice to the Applicant in accordance with 9.13(1)(a)on January 26, 1999. � The Mayor of Salem requested the Department conduct a public hearing on the application . pursuant to 9.13(3)(a). A notice was published on Mazch 22, 1999 in the Salem Evening News for the public hearing,which was held on Wednesday, Mazch 24, 1999 at 630 P.M. at One Salem Green in Salem. The public hearing was attended by Sa1em City Counselor Peter Paskowski,.Salem Conservation Commission representatives Paul Oa and Steve Dibble, Robert Blair of Golderieye Corporation, Ronald Bourne of Bourne Consulting Engineering,members of the public and representatives of the Deparkment. After a brief introducrion by the Department; Mr. Bourne made a short presentation describing the construction of a 100' x 60' pier with 155' x 15' walkway, 100' x 40' barge with double gangway and ramping system,timber doiphin, 1880 sf oi floating docks, 3 gangways, 60' x 40' terminal building and 203 pazking spaces for commercial boat services. He explained that the application proposed 203 pazking spaces,but had been downscaled to under 200 spaces with possibly further reduction due to site drainage and design changes to conform to DEP Stormwater Management Policy. He also added that the water and sewer connections for the terminal building would tie into the municipal system. At the close of the presentation,the Departmeqt received oral testimony from those present who wished to speak. Peter Paskowski, City Counselor, spoke supporting the project and explained that the planning department was in the process of studying the potential impact of tr�c on the neighborhood: Steve Dibble and Paul Orr from the Salem Conservation Commission spoke addressing the Notice of Intent that was presently before the Commission They explained that the Commission had iecenUy sent a letter to Goldeneye Corporation requesting.fiirther information. Their request included questions on topography and grading,impact of boat wakes; Waterways Application No. W99-9152 Amended Written Determination Page 3 _ stormwater management issues, curbing issues, dust control, fueling, and implementation of BMPs. Many local residents from the azea also spoke. Their main concems centered azound the potential increase in traffic along Derby Street and White Street,how this project was going to affect the City of Sa1em's proposal under the Sa1em Hazbor Plan to obtain this site for the new Salem Wharf and asked that the project pazameters be defined to address how many and what kind of boats and services were going to be located on site and what, if any, impact would they have on navigation. In a letter, dated April 1, 1999,the Department asked the proponents to provide further information regarding the number of vessels that would be utilizing the site,the services that would be provided,the number of trips each vessel would be taking, the average size of the vessels;and proposed uses within the ferry ternunal building. Robert Blair, of Goldeneye Corporation, responded to questions by stating that he has been involved with the development of the proposed Salem Wharf since iYs conceptiori and supports- the revitalization iniflative of the hazbor. He believes that the Blaney Street site is an ideal . location to provide the community and tourist trade access to ferry services,whale watches and hazbor tours. He proposed this concept as an"interim step", since the Salem Hazbor Plans' schedule far development was dependent on the acceptance of the plan by the Secretary of Environmental Affairs, funding availability and resolufion of any outstanding issues. He explained that he has;been in negotiations with the City relative to the potential development of the Blaney Street site in accordance with the Salem Hazbor Plan. Robert Blair responded to the request for information on Apri16, 1999. In his letter he indicated that the facility would poten6ally support a Sa1em-Boston Ferry Service with 4 daily round trips,a hazbor excursion service which would run on an hourly basis,whale watch tours offering 2-3 trips a day and regional ferry services with connections to Provincetown,Nantucket, Gloucester, Manchester and Mazblehead. They would also make the facility available to visiting vessels such as sailing schooners, historic replica vessels, naval vessels and cruise ship support. Mr. Blair explained that not all of the vessel services would be operational for the first season, but would exist on some level by the second season. The auerage vessels size would range between 100-120 ft. with capacity averaging 149-220 passengers. He stated that the facility as designed would not interfere with ships turning in the Salem Hazbor Station power plants' basin. To follow up on the navigation issues the Department contacted William Whooley, Salem Hazbormaster on Mazch 31, 1999. In the opinion of Mr. Whooley the proposed vessels would be able to safely navigate in the channel with other boat traffic and that the facility, as proposed, would be able to support the four large vessels. The ferry terminal building would consist of a 40' x 60' modular building supported on temporary "sonotube"foundarion pillazs. The building would provide ficketing services,public rest rooms,.storage and concession sales. 1 Waterways Application No. W99-9152 Amended Written Determination Page 4 Mr. Blair further explained that the proposed pazking azea would be kept as a gravel Surface while azeas of high traffic and handicap spaces would be paved. Lighting would be provided on site as well as appropriate signage directing pedestrian flow via the Blaney Street entrance. CurrenUy the White Street entrance is fenced offto prevent vehicles from entering the facility from that street. Mr. Blair contends that this entrance would only be used on a restricted basis. At the request of the City of Salem and the Applicant, Goldeneye Corporation, the DepaMment is issuing an Amended Written Determination to reflect the down-sizing of the project from that originally proposed. Following the Applicant attended another public meeting hosted by the City of Salem. The Salem Conservation Commission issued an Amended Order of Conditions on January 27`",2000 reflecting this change and the Applicant submitted new plans to the Department on February 8'h,2000, illustrating the new ramps, floats and pier conTguration and layout. , . ... : D) Ottier Approvals _ :, i The Salem Conservation Commission issued an Order of Conditions on July 9`", 1999, amended - July 22"", 1999 and amended Januaty 27"',2000, conditionally approving the pioposed project :: (DEP File No. 64-295� V. DEPARTMENT'S AMENDED DETERMINATION PURSUANT TO CHAPTER 91 On the basis of the foregoing analysis,the Department will approve the proposed slructures and uses described herein, (hereinafter the"draft license plans"). This amended detemunation is made subject to the following special conditions to be carried out by the Applicant(hereinafter the"Licensee"). These conditions will be included,in substantially the form provided below, with the prospective Chapter 91 Waterways license to be issued pursuant hereto along with the standazd license conditions. Special Condition#1:The Licensee shall construd and maintain,in good repair,a pedeshian walkway as described and located on sheet 1 of 4 and 2 of 4 of the draft license plans. Said walkway shall be a minimum of 8 feerwide, consist of crushed stone or other durable material,made available to the public for all lawful activities 24 hours pei day and commence immediately upon issuance of a license pursuant hereto. Special Condition#2: The Licensee shall impose no limitarions on the honrs or availability or the scope of activity provided in this license. No gates,fences or other structures which impede or discourage the free flow of pedesh-ian movement may be placed in any azea open to the public access. The Licensee may adopt rules goveming the publicly accessible azeas of the site,subject to prior review and written approval by the Department,as aze necessary for the protection of the public health and safety and private property,and to ensure public use and enjoyment by minimizing conflicu behveen user goups. No amendment to said rules shall be made without prior written approval by the Departrnent. Special Condition#3:17ie Licensee shall place and maintain,in good repair,a public access sign at the entrance to the faciliry. Said signs,provided by the Deparhnent,shall be posted immediately upon receipt. Nothing in this conditions shall be construed as preventing the Licensee from excluding the public from portions of said slructure or property not intended for lateral passage. J _ Waterways Application No. W99-9152 Amended Written Determination Page 5 Special Condition#4: Any lighting to be located"in the parking azea,along the public accessway,on buildings or on any other shuctures licensed herein,shal]be designed and placed so as to be unintrusive to the neighboring residential area and to minimize potenrial interference with navigation upon the adjacent watersheet during the evening hours. Special Condition#5:Within 60 days of the completion of this project,but in no event later than five yeazs from the date of license issuance,or any ex4ension thereof,the applicant shall request in writing that the Departrnent issue a certificate of compliance. The request shall be accompanied by a certificarion by a registered professional engineer license to do business in the Commonwealth that the project was completed according to the plans,specifications, and conditions of the license. The Deparhnent may conducfa site inspection at any time to determine compliance prior or subsequent to issuing a certificate. The Department may issue a partial certificate of compliance for a . portion of a project if all public benefits associated with such portion have also been provided. Special Condition#6:The Licensee shallplace and maintain appropriate waming devises or other forms of navigarional aids,such as lighting as approved or required by the Hazbormaster or Coast Guard. Special Condition#7:The Departrnent holds the right to impose revisions or additional conditions to this license in . order to alleviate any significant nay.iga6onal concems. Special Condition#8: The Licensee shall prepaze a management plan for dust and material control within tlie project site: Said plan shall be submitted and reviewed by the Deparhnent prior to the igsuance of a fmal license: Special Condition#9:The Licensee shall prepaze a detailed description and site location plan�for the conveyance and storage of any petroleum products including a list of inethods and equipment to be used for containment and -, clean-up of any petroleum fuels accidentally dischazged into the water,including minor spills during routine operations. Said plan shall be submitted to the Deparhnent prior to the issuance of a final license. Special Condition#10:The Amended Written Determination issued hereto;shall remain valid for up to one yeaz after issuance unless superceded by the fmal license. Said term may be extended for one or more than one yeaz, provided that the Applicant submit to[he Department,thirty(30)days prior to.the expiration of said tetm a written request to extend the term and provides an adequate justification for said extension. Special Condition#11: The license to be issued pursuant hereto shall expire five years from the date of license issuance. By written request of the Licensee for an amendment,the Department may grant a renewal for a term of years not to exceed that authorized by the original license. VII. NOTICE OF APPEAL RIGHTS: A)Appeal Rights and Time Limits This amended deternunation is an action of the Department. If you aze aggrieved by this action, and meet the criteria of 310 CMR 9.17,you may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty-one (21)days for the date this amended determination was issued. J Waterways Application No. W99-9152 Amended Written Determination Page 6 B) Contents of Hearing Recjuest Under 310 CMR 1.01(6)(b),the request must state clearly the facts that aze the ground for the request, and relief sought. Additionally,the request must state why the amended determination is inconsistent with applicable laws and regulations. In addition,pursuant to 310 CMR 9.17(3);any notice of claim for an adjudicatory heazing must include the following information: the DEP Waterways Application File Number,name of the applicant and address of the project;the complete name, address, and telephone number of the party filing the request and, if represented by counsel,the name, address and telephone number of the attorney and,if claiming to be a person aggrieved,the specific facts that demonstrate that the party satisfies the definition of"aggrieved person"found in section 9.02; a cleaz statement that a formal adjudicatory hearing is being requested; a cleaz and concise statement of the ' ' specific objecrions to the Department's amended written deternunation, and the relief sought. , through the adjudicatory hearing, including specifically the changes desired in the fmal amended written determination; and a statement that a copy of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. ,C)Filing Fee and Address � !; � 'fh hearing request along with a valid check payable to the Commonwealtli of 1klassachusetts in the amount°of one hundred dollars ($100.00)must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Boa 4062 Boston,MA 02211 At the same time,pursuant to 310 CMR 9.17, copies of the appeal shall be sent by certified mail or hand delivery to the applicant, any other parties to this proceeding, and municipal officials of the town where the projec4 is located. The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. D)Exceptions The filing fee isn't required if the appellant is a town or municipal agency, county, or district of the Commonwealth,or a municipal housing authority. •o . E) Waiver The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hazdship. A person seeking a waiver must file, together with the heazing request as provided above, an�davit setting forth the facts believed to support the claim of undue financial hardship THIS AMENDED DETERMINATION IS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ON THE �t� � DAY OF ��r��'-�' > �• ames A. Sprague Section Chief - Wetlands and Waterways Program � �p / V� � ''i D G� � ��-100' BUFFER ZONE r D C � Z O EXISTING PAVEMENT BOUNDARY / �GETATED SWALE DISCHARCE � ro D�0 m Z - TO BE REAAOVEO �0'x20' FLOAT MWW � - "'-� � . - LOW WATER ON"'16-5�9$_ Z V� D Z N � SO�xS' GANGWAY i � A�p Z � A REUSE EXISTING FOOTING _ _ _ _ _. — -- . 2rQD p �. _=" ' _ — . � �"� � Z n � �- '------- �� / -- � � _ � Ap D. - -- 8'x40' LOW FREEBOARD PONTO�I FLOAT • XD? � �� . . X i AXmmO� _ f I , : ;' p , ,,, , , . O Z D � D � , , ' . , � _ .. _ ._ ._ .- - C � � � � ---- ---��--'-------" -- � ` .. .. G� � EXISTING FLOATS �Z Z m � Z m PROPOSED ' ' �, ' :. <' .. --._ TO BE REMOVED N � N � � PAVEMENT � � '10'x40'x5' FLOATS m � D � Z . � p� ', ' �, ` 8'M134' GANGW Y /� = r � tz/I � O ��. � ` ' '� / �'-----� ,_� � � , 3 ` . D D � _ , FIXEO PIER �. , � � '�� CONCRETE ABUTMENT \ PILES O :� n � - , ,., � 10'x40'x5'_FLOATS x'! � _ _-4Y _�_ - - : - ` � I - ly1 -- "" ' _-------�� XISTING PAVEMEN __"- __ - E T TO BE REMOVED --- . ., ' _ _.____________"-_ .A . � -- "" ' �r � EXISTING PAVEMENT TO REMAIN . � 4 PLACED ARMOR STONE � j I ON OUTER CORIdER � PROPO�O PAVEMENT (WORK TO BE COMPLETED � � � BY MAY, 2000) � STONE OUST , �� — - �� LIMITS OF PARKING � �'�-_ ,-'� ` � - � � � � SALEM .� . � � �/ � . . . r-- l�n �.., / — _ ._ _ _ \ �- / . � (N) t��,� . � 4 SHEE7 2 E SEE - - - - C� m y "� 2� zm 2' CO r� C •• q� _ tiy� � � RBl y ,p mz �s �-1 SITE PLAN - PHA$E !I u� e�o ; o i �� SCALE: 1" = 60'-0" � !fl � + � e '+o ° o � S o � po $ll�Sn z � ;' y�`� N e o =r o — — —a°'p-o- I m z` � _._ ... _ � -- ��, � � N/F MEW ENGLAND POWER CO. 8'x48' TRAILER a �y ZWiE A1 _ . , � E1.+11.0 � - � � i ,�� 6p�= 100' BUFFER ZONE BOUNDARY 2' WIDE SWALE �� r� � � — _ _ � —�� _� i .m.a� .ie / �. � 1 _,--a ==`,__--� � � � —'—� si13S�� % �'— — '� — � . e _�2_'--''" '`._ a►�'�.__...--'�...................�`.._'--'-' - ... , o _,_,--'" . . _.. .. . .-- - PR OSED PAVEMEMT . , ''°� � � .. -� - . i „�;� t . .., .. . .. . �_ ,,` -. ...�` - .. . -- , �, �� OPOS@D ` -� � �'''"�IWTS OF PARkiNG '--------- ' � UTIUTY +1°' TRENCH �'�, _ �� _=- __ =_ ___ --- �,�p; �� ' f ` \`. ' � �o� �' �� " ' ' ' ' '_ " __ '0 - 2 � STREET �. � �\, ', _ __ - -- ' � '�.`�: ' ' --_ = - - - - r S ,` ��i �, �: ARMOR STONE ._-- ' - ----------- - - -< - ( � ( � % ' �, T$ f ; 8' WFDE SIDEWALK : , ( ; 1'� c � { ' � ( � 2' VNDE '¢WALE � _ ; � � '" -- ' � ��," � . , � ,, , ' � � . � "'--�. � � , :- , � � '� I �� . � ( � � ' ----- — — — — /_ ; . � � � '� _ , � � , � _ ; . , � , � . ' ` ' ' /'� --------� � , � � ., �� '� / — — � ��'� STREET VEGETA7E0 SWALE DISCHARGE «�u, � � � MATCH UNE SEE ` ---�., �E v7 SHEET 1 ` TIMBER BOAWOWALK WITH HANDRAILS E4.�13.0 �y ` OVER DRAINAGE SWALE \ � SITE PLAN - PHdSE II ^c N f F HAWiW�RNE COYE kA;4RINA INC. � m�r y iy �� . . . ��.4 SCALF: 1' � 60'-0' �ti ' . �O O 16'x10' FIXED PIER �CE f''�S' PROPOSED 8'x134' GANGWAY � �1fl'�44is5; f�OATS HT1+5.83 MH-- W—�4 g� . . ,, ,,. , ,,, M�w -4.�s , EXISTING RIPRAP = COWCRETE ABU7MENT EL. —7415 � PIER / FLOAT ELEVATION EXfSTING GRADE 3 m SCALE: NTS � FENCE . � � ' � � � . � 16' WIDE STONE DUST WALKWAY � � � VEGETATED SWALE � � EXISTING GRADE EXIS'EM1C UWDER LAYER STONE � . .t7t wN. S:_�+pc . ._. EL. +1 Q 0� . � � FIN4SH GRADE � . t � GRAVEL BASE � . �' MHW +4.83 � �� SECTIQN " NGVD +0.0 � 3 HORIZ. SCALE: 1" = 2p, p. VERT. SCALE: 1" = 10'-0' T MLW -4.15 � - FlNISH-GRADE � EXISTING STONE WALL GRAVEL BASE WA KWAY C SEE DETAIL� � - EX�u'nNC GiPADE � �. - EL +10.Of / //— E%1571NG GRADE � B VEGETATE W / � MHW 4� � 4 SEE D TA1 / Q 9 � �� i� Q SECTIQN - C '•w �'e ��: 3 — NGVD +0 0 � `� y,��y� H�tIZ. SCALE: 1" = 2p'-p� � • gl�° �RL SCAIE: i" = 10�-0� � MlW -4.15 � � � EXISTING GRADE p - EL +tO.Of .' __. 4 VEGETATED SLOPE PLACED'ARMOR FlNISH GRADE �� . STONE-(1000# MIN) � � � � � � . : �., 9.2' . � MMW +4.83 � - . � CONCRETE SLABS/STON€S� 9� �� y_�• �� PRIOR TO i1L7ER FABRIC INSTAlLAT10N � - �cw +o.o FILL IRREGULAR SLOPE k9TH J �'<- c EXISTING GRADE J STONE FILL PRIOR TO y�W -4.15 PLACEMENT OF FlLTER FABRIC - � VEGETATED SWALE — SECTION � 12" Oi UNDERLAYER �_ j ` STOPIE � FlITER fABitIC ��- . z: SCALE: 3/8' • 1'-0' TYPICA� SECT1EkA1 n----- 5..��w�- m �ALE: 1' a 20'-0'_ 6�-8�� VERT. SCALE: 1� = lB`-b' SPACED BORDER STONE RECONSTRUCT TOP Of SLOPE . � . (2� DIA. MAX) . � . � , ! Ii EL. +10.Ot STEJNE DUST ON EXISTFNG SHORELINE PRdiECTION 1' EXISTING CRADE ', � WALKWAY � eT� OF SWALE � 4 . � � � EL. +10.St . - SCALE: 3/16" = 1'-0" , El. +9.75f BOTT�t OF SWALE 2g c� �F� EXISTlP16 SHORELINE � � . � PROTECTION ' �'�Y,�4Nk� -�'y�k�b; . � , . '� , : :Y� �k� k W;v,'�°'�Y; ' i. � . � , ' ' ' ' . BARRIER - � � (TO ACT AS W�IR) �� ' _��12� P€RMIABLE GRAVEI . . � � � � . � �� MAlER1AL . �N � -... . ;� p VEGETATED SW�I:E — ELEVATtO.N ,,,-,. _ 4 ,�3a�3� �� SCALE: 3/8" = 1'-0" ' P I � �i i OP-2000-0001 1252-2000 Commonwealth of Massachusetts City of Salem BUILDING,ELECTRICAL&MECHANICAL PERMITS DEPARTMENT This is to Certify that the SALEM FERRY located at owelling Type 0010 BLANEY STREET in the CITY OF SALEM -- - - - - - - Y -- - - - - -- -- - Address TowNCit Name IS HEREBY GRANTED A TEMPORARY CERTIFICATE OF OCCUPANCY TEMPORARY OFFICE SET UP FOR THE YEAR 2000 This permit is granted in conforrttity with the Statutes and ordinauces�elating thereto,and expires _ Sunday Dec 31,2000 unlesssoonersuspended orrevoked. Expiration Date ___________________________________ ___. __.___ ___________ ______ Issued On:Thu Jun 8,2000 -- - ------ --- -- GeoTMS�2000 Des Lauriers Municipal SoWtions,Inc. --------------- --------------------- --- ----'--------------- ..r . i 0010 BLANEY STREET 1252-2000 City of Salem Building - FINAL ( Rev. Jun 09,2000) Item: Status: Nature of problem or correction: Project Add�ess: >0010 BLANEY STREET `Contracto�: Robert Shepard ;. :, ' 4, (781) 749-0$66 Applicant Phone: '(781)749-0866 Inspector. ,� : 'Frank DiPaolo t . Date &Time Requested: at ; Date of Inspection: Date of re-inspection:, '°�� ' T�iur'sday,'JuneOS,�2000 : ' ' Permit Number: BP 2000-0105 Tracking Number: 1252-2000 ` Status: SIGNED OFF Notes TEMPORARY OFFICE SET-' UP FOR THE YEAR 2000 `'- GeoTMS�2000 Des Lauriers Municipal Solutions, Inc. Page 1 of I j' �� '��f � �'' �� ,'��: _ ,-� __ � �� ` ��; �� . , .,.� ,q a:,; ', ¢ ; / �_—r,�-=�;=�" ,�� f � � � � � � �;;�.�: , ,: , �. �,�� F� � � �rt i � �� ,�� `�i� `' ; .ay , " ' ,�'' , - y;,.•r f'b*+�''ir�`-s.c� 4 Ta �� . � 06033'o ��c�sr_ � - POLE��f;O!��_6�= ,. /D;��L�.7%�� 'S7`"'�'-'�.-'•.� ,.�J c.� �w.,�tt � � � { 'ri'- 3/�l/9' r��."` >'~�� '?� ,�+ ,�.�;;� �..� �fr C� `,Y'�� R � r "..^:5.; . M.f_, zL�W ��.�- _ � , _ - }��, . f( ► � `�� ns '� y'./ �aY � '�`��.i " .f �"''+' miisryw .i��•� . �I� � � : � f aCC q.. �j4 � s "' x �., 1.� �•�.r N.K• � . i.,�µ ' f • x � !��„�f�.Y . ��Y��.� ��3. . . 'w.�." .,�, `�r _a�sw,� _ ' w. _ i. . �' :�6;0:3.307�.,r,,r�.�;_ _ �_.--�"lii.fl��U.�6.� ''/O ' .z3G�tio y ;._�7- �?e��., ,.?��"- . �, ,� >.� r+ .�.+'^7. �,c t �. + ,� . .. .' �:r.� `" + ' �Kt r.. . �.3��/p/ �� - �� .��' �.:�;: 97l20/2B0B 07: 33 6177279665 ARCHITECT�RAL AC�ESS PA�SE 01 � i.. � The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD 6 One Ashburton Piace - Room 1310 8oston, Massachusetts 02108 •� ARGEO PAUL CELLUCC! � (617) 727•p66D OOVEFNpq 1•800-82&7222 JANE 6WlFT Voice antl TDD L7.u0VERN�R FeX: (617) 727•Q665 www.atate.ma.u s/asb DEBORAH A. RYqN EXECl1TIVE DIRECTOR `�J�,�/Ob � FAX TRANSMISSTON �6.'�7 ��1 TD: 't�.�.e�. ST, F�,ea�:e_ I-- i��'-- '7�(D 9K�1,��' FROM: �n.r�G�-�Z. �•u.,.,.s l �c*�.,.�Pk�-4��, �E1=ic.eR NUMBER QF PAGES (including caver sheet}: � MESSAGE: 't,rrT,.,,� ,�,�e, f�c-� — Y � � � �>.,., i3r @?/26/2090 97:33 6177270665 ARCHITECT�RAL pCCESS PAC� b2 L � . � The Commonweaith of Massachusetts ' � ARCHfTECTURAL ACCESS BOARD ? One Ashburton Place - Room 131D 8oston, Massachusetts 02108 ARGEO PAUL CELLUCCI ' (8!7) 727-0660 OOVERNOR 1-600•828-7222 JANESWIFT . VoiceandTOD � LT.GOVERroOR Fax: (617) 727-06B6 . www.state.ma.us/aab DE80RAH A.qYAN EXECLITIVE�IRECTOF 7uly 19, 2000 Mr. Robert Salem Golden Bye Construct�on 4 Blaney Street Salem, MA 01970 RE: Salem Ferry,$laney Street, Salem,MA(Complaint#99-114 aad#99-252) Jaeaz Mr. Salem: On July 13,2000,a site inspection was conducted at the above re£eranced property, by�vLc. Thomas Hopkins, Compliance Officez for this Boazd. Ivlr.Ho�kin's inspect�ou ze��ealed the folZowing: Sectiott: Aescriocion: 23.1 [�aztdicapped Parkine; One of the accessibla parking spaces is completely blocked by the ramp and the ice machine. The accessible parking space must be retocated to fully comply. Tbe total number of accessible spaces must also meet Section 23.2.1. Result: Violution 26.10.1 'I'he threshold at the accessible entrance exceeds one-half an inch(1/2"). Resulto Viotattoa 26.11.1 The accessible entrance door has door opezating haniware that does not comply with Section 26.11.1. Result: Vialatiau, 18•12.1 assisted acc s is not rov ded. The site visit showed that ramp used to pcovide aceess �rom the floating dock to the vesse( had approximately, a six - znch ssep a[each end. Result: violation 6J � 97/20/1800 87:33 6177278665 ARCHITECT�RAL ACCESS PRGE 63 S . ~ , 18.13A Transition Plates: The transition plate op t}ae gangway connecLing the]and to the floatiag dock had a one(1) inch lip at the top of the gangway. The transition plate at the bottom of the gangway to floatln�dock was too short, creatipg a stope exceeding 1:12{8.3%). (Slope was measured 22.9°�aj. Result: Violation 22.4 The walking surface on the floating dock had a change in level greater than 1/4". The change in level was measured at the seam, and was appxoximately one(1)inch. Result: Violation. 24.SJ The surface of the andrails on the ramp(gangway froir land area to floating dock) was shatp and abrasive. Resalt: Violation 29.8 ��_accessible route to the portable toilets does not comolv with - ion 9 1. The sate visit revealed that the portable tuilets remaia�inaccessible to persons with disabilities because the accessible route from the terxuanal building is made up o£Cvose gravel. Resuit: Viotallon. 7.2.2c Heie,ht of service countet exceeds thirtv-six(361 inches. The site visit revealed tbat the counter had been coxrected to the dimensional requirements o£Section 7.2.2a However, this area was blocked from use by persons with disabalities by the cash register. Result: Violation. 27.4 Handiails are not nrovided on the stairs to thc temunal. The site visit showed that no handrails were present on the staus. Jtesult: Violat'rop The Boazd ORDERS the violations be brought into compliance with our regulations within the followang schedule: 1. Sectzons 23.1, 26.10.1,26.11.1,20.8, and 7.2.2c must 6e brought into compliance by Tuesday,July 25,z000. 2. A plan be sub�rtitted by Tuesday, 7uly 25, 2400 indicating how the following items wili be brought into compliance 18.12.1, 18.13.�, 22.4, 24.5.7,and 27.4. 3. All items arAentionad in#2,must be brought into total compliance, na later thazA August 1, z000. A site visit has 6eeq scheduled to verify compliance on Tuesday, August ], 200D at 2:00 p.m. Please have someone available at the site to n�eet the Board's Compliance OF�icer,Mr. Thomas HoNkins. In addlt(oq,the Board has scheduled a fine hearing,for Mopday,Aupast 9, ZD00, at 11;15 am. at One Ashburton place,21sc FlooK, Boston�, �or the purpose of determining whether ar not your 2 97l2Bl200B 67:33 6177270665 ARCHITECTURAL AQCESS PAGE 04 naucompliance with our regulations is justified. At a hearing on Monday,November 15, 1499,this Boazd ORDERED that the facility be brought into £ull compliance PRIOR to the facility opening. The apening of the faciliry was zn AIRECT violation of this Boazd's order. If the Boazd�inds at the August 7, 2000,hearing that your�on-compliance with tht Board ader was without just9fication, it has the. auYhority to iznpose 6nes of up to $1,000 per day,per violation. If btr.Aopkins determines at the site inspection on August 1,2000,that all items have been brougpt into coznpliarzce,the above fine hearing will be cancellcd. I£you have any questzons,please feel free to contact this of6ce. Sin ly, ��.�.,,��J�' � (f� � Garry Khodes Chairman cc: Mr.Frederick Nolan IIT,Boston f�arbar Cruises Local Building Tnspector Complaanant Aisabalaty Commission IndependentLiving Centex � 3 , � QCitp Of �aYelri, ��ggaC�ju�ettg ��° �u6Cit �rupertp �JBepartment � �uilbing 3IDepartment �ne�alem�reen (976) 745-9595 �xt. 38J ��('T'1(�fJ Peter Strout %�`�' u Director of Public Property Inspector of Buildings Zoning Enforcement O�cer July 19, 2000 Goldeneye Corporation/ The Salem Ferry Deaz Sirs: A site visit was held at Blaney Street on Tuesday, July 18, 2000. Present was Bo Salem—Goldeneye Corp.; Frank DiPaolo and Thomas St. Pierre, Salem Building Inspectors; Thomas Hopkins, Massachusetts Architectural Access Board; Jack Harris, Salem Commission on Disabilities. The violations noted in the Architectural Access Boazd's letter of December 15, 1999, addressed the Salem Feny, have not been fully addressed (see enclosed copy). It is the opinion of this Department that Goldeneye Corp- Salem Ferry has had ample time to address all of the accessabilities issues. Therefore, you are directed to comply fully with all the compliance issued previously cited by Friday July 21'2000. Failure to comply will result in the closure of your Salem Feny operation. Sincerel Pete uout Building Commissioner cc: Mayor Usovicz Tom Hopkins—Architectural Access Boazd Jack Hartis- Co Chair. Salem Commission on Disabilities Beth Rennard—ADA Coordinator Kevin Harvey—President, City Council Scott LaCava—Ward Councillor • � The Commonw�alth of Massachusetts � r ARCHITECTURAL ACCESS BOARD '= One Ashburton Place - Room 1310 Bost�n, Massachusetts 02108 ' h ARGEO PAUL CELLUCCI (617) 727-0660 GOVEANOR 1-BOO-828-7222 Voice and TDD JANE SWIFT Fax: (677) 727-0665 LL GOVERNOR. . DEBORAH A. RYAN - EXECUTIVE DIRECTOR . FINAL DECISION RE: Salem Ferry,Blaney Street, Salem 1. The hearing was held upon a complaint filed with the Architectural Access Boazd by Robin Kellett that the following section(s) aze in violation of 521 CMR: Section 183—Entrance to the temvnal is not accessible Section 18.12.1 —Unassisted access is not provided Secdon 18.13.1 —Handrails on ramp do not comply Secrion 7.1 —Public areas located with the terminal are not accessible Section 30.1.2—Portable toilets are not accessible Secrion 7.2.2c—Height of service counter exceeds 36 inches Section 27.4—Handrails aze not provided on the stairs to the terminal Section 25.1 —Entrance to the terminal is not accessible(Same as 18.3) Section 25.2—Path of travel to terminal is not a paved walk or ramp Section 25.6—No signage is provided indicating where accessible entrance is located. Secdon 27.1 —Stairs to the terminal do not comply 2. The hearing was held on: Monday, November 15, 1999 3. The following persons appeazed: , Frederick L. Nolan, III, Boston Harbor Cruises, as of June 10, 1999, the operator of the Salem Ferry to Boston and Arthur Daignault, Access Specialist, Independent Living Center North Shore and Cape Ann The Chair swore in ail persons offering testimony. Boazd Member Lorraine Greiff sat for purposes of a quorum,but did not pazticipate in or vote in the matter before the Board. Ms. Greiff also did not participate in the hearing on June 21, 1999. 1 CJ r. 4. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: By way of background: The case originated as a variance request filed by Craig Wheeler on June 12, 1998. The applicant.requested vaziances from the following sections of the 1996 Rules and Regularions of the Board: Section 18.13.3 — landings on ramps and slopes and Section 24.5 — Handrails. The City of Salem requested a four-month temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from 3alem to Boston. To this end, they needed to construct a temporary boat docldng.facility in_Salem.at_Blaney_Street. The_information_stated.that after the four- month demonstration project, the docking facility would be dismantled. On Monday, June 29, 1998, after reviewing the material submitted the Board voted as follows: GRANT the variance to Section 183.3 for a period of 4 months only. The variance expired on November 1, 1998. The Board also denied the variance to Section 24.5 and ordered that appropriate handrails be installed on the marine ramp for the � reason that compliance has not been proven to be impracticable in this case. On May 7, 1999, another variance application was filed by Mayor Usovicz requesting temporazy variance to conduct a demonstration project to test the feasibility of a cbmmuter boat from Salem to Boston at Shetland Park in Salem, because the previous yeaz's service proved to be so successful. The city then decided not to fund or run the ferry service, and has stated they aze not responsible for compliance issues. However, there is a new ferry service operafed by Boston Hazbor Cnrises. It has been found that Goldeneye Inc. is the company that owns the Blaney Street pier. The Boazd notified Boston Hazbor Cruises, Owner/manager of the.reported violations and they failed to respond. Therefore,the Boazd scheduled tlus complaint hearing. On November 15, 1999,the Acting Chauman,Lazry Braman called upon the wmplainant to present the case for the complaint. Mr.Braman also asked Mr.Nolan if he has a list of the complaints to be addressed. Mr.Nolan did not have a copy of the original letter sent to the Owner/Manager, Salem Ferry, Blaney Street, Salem, on July 20, 1999, outlining the reported violations. Arthur Daignault, Independent Living Center of the North Shore (II.CNS) stated that he is familiar with the case, and Robin Kellett filed the complaint when she was Associate Director of ILCNS. Mr.Daignault appeared at the hearing on June 21, 1999. Mr. Daignault stated the complaint was filed because there was no way for persons with disabiliries to enter the trailer to buy tickets or to access We waiting area In addition, the issue of an accessible path of travel provided to get to the boat and onto the boat. Mr. Daignauit stated that the violations reported by Ms. Kellett were never addressed by Boston Harbor Cruise. ' Mr. Frederick Nolan apologized to the Board, and stated he did not lrnow the individuat who came to the site and initiated the complaint. He stated there were problems relative' to access when the operation between Salem and Boston began. Ae stated his company 2 negoriated with the City of Salem and other pazties interested in the.ferry through most of the spring. Mr. Nolan stated that the Salem Ferry was operated last year under a pilot program by EOTC to.determine if there was a mazket for a Salem to Boston commuter boat or ferry service. The Pilot prograzn was subsidized, in the amount of$750,000 and in addition, to that had applied to it the placement of floats owed by the MassPort, and gangway that was residual inventory that was left over from the Revere Sugaz site. Mr. Nolan stated the ferry operation began under sepazate contract, under another operator in 1998. Mr.Nolan stated the gangway came from MassPort along with the floating docks. Mr. Nolan stated that Boston Harbor Cruises was invited to look at the Salem Ferry for a long term ope;arion_wrthout subsidy_by landowners of Blaney Street,_the site_the Salem Ferry operates from. He stated that Boston Harbor Cruises aze tenants at the site and are paying rent for the facilities. Mr. Nolan acl�owledged that Boston Harbor Cruises owns the trailer refeaed to in the complaint. He stated it was moved to the Blaney Street location, for temporary ticketing until such time the landowners could get Chapter 91 and other applicable approvals, so they could build a full scale facility that will be fully accessible. Mr. Nolan stated that recognizing that the trailer was inaccessible, tickets were available both in the trailer and on boazd the vessel. Mr. Nolan stated the gangway and floating docks aze no different than those installed by the Commonwealth of Massachusetts, the prior yeaz: He stated they do not meet the 1:12 slope requirement. Mr. Nolan stated the fact is regazding the boat transitional pieces, Boston Harbor Cruises is working diligently with Stephen Spinetto, of the City of Boston Disability Commission, and is part of a sub-committee in Washington.to determine what the proper application is for the commercial vessel industry. Mr.Nolan stated as of now there is no regulations dealing with accessibility to vessels. Mr. Nolan stated that BosWn Harbor Cnrises built tluee or four vessels. new vessels over the past iwo years and installed accessible toilet rooms, but they are not requued by law to do that. He stated the Coast Guard has no existing regulations relative to that. Mr. Nolan stated that Boston Harbor Cruises has ownership over the trailer, and once advised, immediately installed a ramp to the door, albeit it is not in full compliance with 521 CMR. Mr. Nolan stated Boston ' Hazbor Cnuses did not go further, because the only paved azea in the lot that they are operating from is the ten paved handicapped pazking spaces relegated to the site. He stated the balance of the site has not been pemutted for paving, because of an ongoing environu►ental review process before paving. Mr. Braman called upon Board Members with questions. Boazd Member Lomdine Greiff asked Mr.Daignault if there is an accessible path of travel to the boat. Mr. Daignault did not have the exact measurements of the slope of the ramp, but noted it is steep. Mr. Nolan stated that it is a 50 foot gangway with a tide range on average of nine and on-half feet. Mr. Nolan acknowledged that the ramp is steep. Mr. Nolan stated that Boston Hazbor Cruises operates 23 vessels in Boston Hazbor, 14 under which aze operated under contract to MBTA, MDC and the facilities in Salem are no better than, and in some cases, better than the other facilities that Boston Harbor operates ttiat aze state-owned and controlled. Mr. Nolan stated this is primarily because ihere is no cleaz definition as to what to do with regazd to accessibility on floating docks and gangways. Mr. Nolan stated a recent solution came up in federal court in which the federal go.vemment installed a system which in an on-call elevator that runs with the tide. 3 J Ms. Greiff asked how that relates.to tivs complaint. Mr. Nolan stated only to say the facilities in Salem aze no less steep or no less unpacting than the average facilities provided by the Commonwealth for commuter transportarion. Mr. Kelly asked if Boston Harbor Cruises is under contract to Salem. Mr.Nolan replied, no, Boston Harbor Cruises has a five-yeaz contract with the Pleasant Street landowners, Goldeneye. Mr. Kelly. asked if his company plans to make any modifications during the run of the contract. Mr. Nolan stated the trailer, (the only thing his company has control . over) will be replaced next season with a facility that is 100% accessible. He stated that Goldeneye currently has...a_ fully_ .accessible__plan _in. &ont of...the Department of Environmental Protection (DEP) to which they aze trying to get a Chapter 91 license for. Mr. Carell asked Mr. Nolan if he is aware that the time variance granted ta the City of Salem aclmowledged de5ciencies (violations of 521 CMR) and was only for four months. Mr. Carell stated, as he understands Mr. Nolan's testimony, the facility that is in place now, is virtually identical to that previously in place. Mr. Nolan replied that is correct. Mr. Nolan stated neither he nor his company was awaze of the previous time variance granted by the Boazd. The violarions were addressed as follows: 4ertinn 18 3—Entrance to the Salem Fem service terminal(trailer 1 is not accessible Mr. Nolan stated the enhance to the ternunal is currently accessible, but was not at the start of the Salem Ferry operation. He stated he is not awaze of the date of the complaint. Mr. Carell asked if the ramp is in full compliance with 521 CMR. Mr. Nolan aclrnowledged that the ramp is not in full compliance. Mr. Carell advised him that if the _ ramp is not in compliance,there is no accessible entrance. �Section 18121 —Unassisted access is not provided between the land and tLe floatinQ docks. Mr. Cazell asked if the above violation is accurate. Mr. Nolan was not cleaz as to the requirements. Deborah A.Ryan,the Boazd's Execudve Director stated the issue is access between the land and the floating dock,i.e.,fl�e slope has to be at least 1:12. Mr.Nolan agreed that the reported violarion is valid. D Section 18131 —Handrails on the marine ram� do not comolv with 521 CMR Mr. Carell asked if the handrails on the ramp comply with 521 CMR Mr. Nolan was unable to answer the question. 0 Section 71 — Public service areas located within t6e terminal (trailerl are not accessible to oersons with disabilities. Mr. Cazell asked if the above violation is true. Mr.Nolan stated that is true. � Section 30.1.2—Portable toilets are not accessible Mr. Carell asked if the portable toilets are accessible. Mr. Nolan stated there aze no public toilet rooms within the trailer,but there is a portable toilet at the back of the trailer for the staff. Mr. Carell asked Mr. Nolan if it is his testimony that there aze no public 4 9 toilet rooms. Mr. Nolan stated that is his understanding. Ms. Greiff asked if the public ever uses the portable tbilets. Mr. Nolan stated he was not at the site this summer, so he cannot be sure if the public ever used the portable toilets. � 0 Section 7.2 2c—HeiEht of service counter exceeds 36 inches Mr. Nolan aclrnowledged that the service counter exceeds 36 inches. p Section 27 4 — Handrails are not provided on the stairs at the terminal buildine entrance. Mr.Nolan stated that at 1he tune the complainf was filed�concrete blocks were stacked up before the ramp was constructed. He stated there is a railing now in place on the ramp. �7 SecNon 25.1 —Entrance to the terminal is not accessible , Mr.Nolan stated that is true. (Same as 18.3) i travel to an,proach the terminal is not a aaved walk or ramu Mr.Nolan stated that when Boston Hazbor Cnuses went into the site, the Coxnmonwealth pmvided relative to improving the lot was to create 10 handicapped parking spaces which have a paved walkway connected to them which then connects to the gangway below. Mr. Nolan stated he not aware of what the problem is. Mr. Nolan stated before the ramp went in,there was no connection. Mr. Daignault stated the whole handicapped parking azea is paved now, and then it continues over to the gangway. Se ' 25 6 — No siEnaee is�rovided to indicate the location of the accessible entrance Mr. Nolan stated that technically there was no signage at the time the complaint was filed. He stated the paved area is to the right of the ramp. SecNon 271 —Stairs to the terminal do not comulv U Mr.Nolan stated the stairs are no longer there,they were replaced by a ramp. Mr. Carell stated it appeazs based on the testimony, that the entrance to the terminal is not accessible; the height of the service counter is incoaect; the public areas located within the trailer aze not accessible; the handrails may or may not comply and unassisted access is not provided. Also, there is a question of whether or not the portable toilet is open to the public. Ivlr. Nolan agreed that is a fair assessment of the matter. Mr. Carell asked why lmowing this, Boston Harbor Cruises began service. Mr. Nolan stated he is not certain with regard to the trailer. He stated that Boston Harbor Cmises took a trailer they had in stock and put it in place very quickly, expecting that the landowner eventually would get permission to do the facility. Mr. Nolan stated that Boston Harbor Cruises ]mew they were deficit even to the mobile public, because they had temporary block stairs in place and they had a number of complaints from elderly persons getting in and out of the trailer. Mr. Nolan stated it took two weeks aRer the trailer was in posirion to I get the ramp in place, and make whatever improvements were made. The trailer was put in place because the landowners did not have the approvals to construct a new building. 5 .J Mr. Nolan stated the trailer is a short-term solution, but evidently they were short-sighed in not making the trailer handicapped accessible. Mr. Nolan stated they felt comfortable with the floating docks and access to them. Ms. Greiff inquired as to the operating months for the Salem Ferry. Mr.Nolan stated it is scheduled to run from May 1 through October 31. Mr.Nolan stated that this year the ferry operation began on June 10. Mr. Kelly asked whose Boston Hazbor Cruises contract is with. Mr. Nolan stated that Boston Harbor Cruises is a tenant of a company called Goldeneye Coiporation, the private landowners at Blaney Street. Mr. Kelly asked who supplies the ferry service. Mr. . Nolan responded Boston.Harbor Cnrises supplies_ihe_service. Mr. Kelly_stated he is trying to establish what Boston Harbor Cnuses is responsible for correcting and what Goldeneye Corporation is responsible for. Mr. Nolan stated the plan was for Boston Harbor Cruises to be the tenants, and the landowners would provide the floating docks and terminal that his company would operate. Mr. Nolan stated that everything was delayed during the landowner's negodarion with the city. Mr. Kelly asked Mr. Nolan if the operation commenced with his company's equipment or the landowners. Mr. Nolan replied that it was the landowner's floating docks and gangways they borrowed from MPA, and with ]ris hailer. Mr. Kelly asked why the landlord did not provide the trailer. Mr. Nolan stated they did not have the financial wherewithal at the time. Mr. Kelly stated so Boston Harbor Cruises assumed a bwden that belongs to the landowners. Mr. Nolan replied,technically yes. Mr. Kelly stated so stricdy spealdng, if everything was in place as it should be, Boston Hazbor Cruises is only responsible for the boat. Mr. Nolan stated that is correct. The Board advised Mr. Nolan that the Board's current regulations, in effect since 1996, Section 18 and Section 19 of 521 CMR, specilically address tLe requirements at marine facilities. The Board stated that regardless of whether the federal government has regulations,the Commonwealth has had regulations in effect that is applicable to this site. Mr. Nolan stated his company has been waiting for federal regulations to tell them what the guidelines are going to be. The Board reiterated that there aze state reeularions alreadv in effect that aze applicable to this site, and must be complied with. Mr.Kelly stated his opuuon is that Goldeneye should also be involved in the matter: Mr. Daignault submitted a copy of an article that appeazed in the local newspaper relarive to a plan for a commuter run to Boston next summer (2000). Mr. Daignault stated his concem is that the operarion will continue to run, as was done this yeaz, without being fully accessible to persons with disabilities. Ms. Greiff asked Mr. Daignault if he is awaze if commuters could buy tickets on board the vessel this past season. Mr. Daignault stated he is not awaze if tickets were available other than in the trailer. Mr. Braman asked who currently owns the equipment; which connects the land to the boat. Mr.Nolan stated to clarify mattets, Goldeneye Corporation owns the floating docks and the gangway is leased from MassPort. Mr. Braman stated the one issue in doubt is the use of whether the portable toilets aze open to the public. Mr. Daignault stated the toilet is not accessible, but could not ofPer definitive testimony as to its use. Ms. Ryan 6 , , stated the Boazd has a letter dated July 22, 1999, from John D. Keenan, Assistant City Solicitor, Salem that last yeaz they had a license to use the property for the four-month experiment. The letter also stated that the docking faciliries were borrowed from MassPort and all of that was removed. Further, it stated the docking facility now in place at Blaney Street was installed by Goldeneye and its ferry service pmvided(different than last yeaz). Ms. Ryan asked Mr. Nolan if lus company leases the equipment from MassPort. Mr. Nolan stated thaf is technically wrong, Goldeneye borrowed/leased the gangway from MassPort, last yeaz and again this year, and attached that gangway to their own floating docks. Ms. Ryan stated that then Goldeneye is the company the Board should be contacting, for the proper gangway and floating docks. Mr.Nolan replied that is correct. Mr. Kelly asked if there is any business connection between Boston Harbor Cruises and Goldeneye, other than tenant and landlord. Mr.Nolan replied no. Ms. Greiff asked Mr.Nolan why did not contact Goldeneye relative to the hearing. Mr.Nolan stated he spoke to someone from Goldeneye ttris morning to see if they were going to be at the hearing,but they did not receive notification of the hearing. Ms.Ryan stated if the Board . � was awaze that another party was involved,notification would have been sent to them. Ms. Ryan stated to clarify matters, the first letter that went out July 20, 1999, to the Salem Ferry, and no response was received. The second letter went out September 9, 1999, to the building owner`and there was no response, and that is why the hearing was scheduled. Mr.Braman called for a motion. BOARD DECISION The Boazd Snds based on the testimony, Boston Harbor Cruises is a tenant on the property and provided the trailer that was onsite this past season.The Boazd finds that the trailer should have been fully accessible at the time it was brought to the site. Section 3.10 of 521 CMR requires that even temporary shuctures comply with 521 CMR The Boazd finds the following sections are applicable to thg Boston Harbor Cndse operation, as they aze the only articles Boston Harbor Cnuses has authority over: Section 18.3; Secrion 18.12.1, Section 18.13.1, $ection 7.1, Section 7.2.2c, Section 25.1 (Section 183), Section 25.2 and Section 25.6. .Further, based on Mr. Nolan's testimony, i.e., lris agreement that the above sections are in violation of 521 CMR,the Board voted to 5nd in � favor of the complainant.that the above sections are valid violarions of 521 CMR. The Boazd excluded Section 30.1.2, as long as the toilets provided on-site aze designated as staff only toilet rooms. In addition, Sections 27.1 and 27.4 were excluded,because the stairs were replaced by a ramp, albeit a non-complying one. The Board ordered that the trailer (Salem Ferry office) be brought into full compliance with 521 CMR, prior to reopening the operation, or an application for variance be submitted (see enclosed) within 30 days of receipt of this decision. 7 , Further, the Board ordered that the Salem Ferry not be allowed to operate, at this site, or any other site until all accessibility issues are addressed. The Board reiterates that it has had regulations in effect since 1996 relative to marine faciIities, see Sections 18 and 19 of 521 CMR. The Boazd also finds, based on the testimony, Goldeneye is the landowner; owns the . floating docks and leased/borrowed the gangway from MassPort. Therefore, the Board voted to have Goldeneye be made a:party to the case, and be notified of outstanding _ _ _ _ .._. __... _ violations. The Board voted to waive the site inspection requirement. This constitutes a final order of the Architechual Access Boazd entered pursuant to G.L. c. 30A. Any aggrieved person may appeal tl�is decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty(30) days of receipt of this decision. DATE: December 15, 1999 ARCI-IITEC'TURAL ACCESS BOARD �� Larry an . Acting kairman cc: Local Building.Inspector I.ocal Disability Commission Independent Living Center Complainant 8 Certificate No: 146-14 Building Permit No.: 146-14 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at - - -- -- --- ------- Dwelling Type 10 BLANEY STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY PATIO BAR ONLY (PIER NOT INCLUDED) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires - unless sooner suspended or revoked. Expiration Date Issued On: Thu Aug 15,2013 ---------------------- - 9 GeoTMS®2013 Des Lauriers Municipal Solutions,Inc. ------------------------------------------ ---------------------------------- 10 BLANEY STREET 146-14 fGIS# 6260 COMMONWEALTH OF MASSACHUSETTS � ap , -• 41 Block ,,� r CITY OF SALEM 0278-202 Category >'.> Addition°� renmt# 146.14dl ., BUILDING PERMIT ProjectJS-2014-000296, IEst.Cost �zT$40,000[00 �e Ch gena d', $445 00'i Balance Due x $oo s _ t„ �. PERMISSIONIS HEREBY GRANTED TO: Const Class:, °::' k - r'•'' Contractor: License: Expires: Use Group: "tt JOHN B.PAULA/J.P.CONSTRUCTIO CONSTRUCTIO SUPERVISOR-CSFA 049 Lot S1ze(s4ft,) 100188 n° Owner: CITY OF SALEM 'Units Gamed: Applicant: JOHN B. PAULA/J.P. CONSTRUCTION COMPANY Units'Lost: 'z '.AT. 10 BLANEY STREET lbig ISSUED ON: 12-Aug-2013 AMENDED ON. EXPIRES ON. 12-Feb-2014 TO PERFORM THE FOLLOWING WORK. CONSTRUCT OUTDOOR PATIO BAR WITH ASSOCIATED SEATING POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: IS 1lyp".ti's Footings: Rough: Rough: Rough Foundation: Final: 3 y�L. Ky Final: Final: L' Rough Frame: Fireplace/Chininey: D.P. V. Fire Health Insulation: Meter: Oil: / (((-- Ilousep Smoke/—t,� `��\\` a Treasury: �� //�. Water: Alarm: 0\�01- Assessor 8 'Tt6 (I T-pI Sewer. Sprinklers: �� Final: 07-4�,, THIS PERMIT NIAY BE REVOKED BY THE CITY OF SALEM UPON VIOL ION Oi�jAN ITS RULES AND REGULATIONS. / " `'// i Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2014-000323 12-Aug-13 CASH 5445.00 Call for I'ja mi 110 Occupy CcoTMS©2013 Des Law lets Municipal Solutions,Inc. Certificate No: 18-12 Building Permit No.: 18-12 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at . Dwelling Type 10 BLANEY STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A TEMPORARY CERTIFICATE OF OCCUPANCY TEMPORARY OCCUPANCY FOR THE PRE-FAB TERMINAL BUILDING This permit is granted in conforn ity with the Statutes and ordinances relating thereto, and expires Sunday Aug 28,2011_ __ unless sooner suspended or revoked. Expiration Date . ----__-----------------_•`-- _--_--- Issued On:Thu Jul 28, 2011 --1 J - -- ----------------- GeoTMS®2011 Des Lauriers Municipal Solutions,Inc. ---------------------V-� "P'-`t`-�-`-�- ----------------- 10 BLANEY STREET 18-12 GIs# 6260 g.� COMMONWEALTH OF MASSACHUSETTS Map '9i. 41 �` ' ' Block. ' : � CITY OF SALEM 7-7777 Lot:, 0278-202 Category - Erect Pre-FabTermina Permit# 1812.,... a..a#. BUILDING PERMIT Project#" _ :. JS-2012-000065 j �,j Est Cost. ^r $120,00000 11!!i;;!::"_- �j Fee Charged: U,$0.00:m; , r `' Balalie Due:; $00 „r„ PERMISSION IS HEREBY GRANTED TO: Const Class: Contractor: License: Expires Use Group Ronald Bourne/PE Engineer-30861- LotSlze(sq ft) 100188;=,� Ns Owner: CITY OF SALEM sgi Urns Gamed, ;,; Applicant: Ronald Bourrle/PE Units Lost: 4s .:Si "" :i'AT: lO BLANEY STREET Dig Safe# ® r �t�i�5, ISSUED ON. 11-Jul-2011 AMENDED ON: EXPIRES ON: I1-Jan-2012 TO PERFORM THE FOLLOWING WORK: ERECT PRE-FAB TERMINAL BUILDING AND SITE BUILT RAMP AS PER PLANS jbh POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building . Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil:' Final: House# Smoke: Water: Alarm d Assessor Treasury: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2012-000074 11-Jul-11 x $0.00 GcoTMS®2011 Des Landers Municipal Solutions,Inc.