1999-06-22ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Lieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston - Northeast Regional Office
Frank and Sue Kinzie
c/o Beverly Port Marina
43 Water Street
Beverly, MA 01915
JUNE 22 1999
P_E: Waterways License Application No. W96-6632, Draft Waterways License
Maintain floats, ramp, piles, seawall and fill, Beverly Harbor, Beverly, Essex County
BOB DURAND
Secretary
LAUREN LISS
Commissioner
Dear Mr. and Mrs. Kinzie:
The Department of Environmental Protection has tentatively approved the referenced License
Application. Pursuant to 310 CMR 9.14(2)(b) a Draft Waterways License is enclosed. A copy is
also being forwarded to the following parties as required by 310 CMR 9.14(6)(d): Beverly
Harbor Management Authority, Dan McPherson, Harbormaster, Larry Thibodeau, Beverly
Conservation Commission, Beverly Mayor and City Council.
~, valid Waterways License shall be issued twenty-one(21) days from the date of issuance of this
Draft Licerise if the Department has not received a written request, by certified mall, for an
aajUdicatory hearing pursuant to section 9.17(2). In addition, pursuant to 9.17(3), any notice of
cl'aim 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; if represented by counsel, the name,
address and telephone number of the attomey; if claiming to be a person aggrieved, the specific
facts that demonstrate that the party satisfies the definition of "aggrieved person" found in 310
CMR 9.02; a clear statement that a formal adjudicatory hearing is being requested; and a clear
and concise statement of the specific obj octions to the Department' s Dmf~ License, and the relief
sought through the adjudicatory hearing, including, specifically, the changes desired in the final
Waterways License.
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
The hearing request, along with a valid check payable to the Commonwealth of Massachusetts in
the amount of one hundred dollars ($100.00), must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
At the same time, pursuant to 310 CMR 9.17, a copy of this appeal shall be sent by certified mail
or hand delivery to the applicant, the Waterways Regulation Program (WRP), the municipal
official of the city or town where the project is located, and any other parties to this proceeding.
in addition, this appeal must include a statement that the appropriate copies have been delivered
as described herein.
If yOu have any questions, please feel free to contact Jill E. Provencal at (978)661-7778.
· '/ Division of Wetlands and Waterways cc: Beverly Mayor and City Council
Dan McPherson, Harbormaster
Beve~y Conservation Commission
Beverly Harbor Management Authority
Brian Valiton, ACOE
John Simpson, DEP
Andrea Cooper, CZM
Larry Thibodeau
( ammantu allll uf tllassadlnsats
No.
Beverly Port Marina, Inc.
of-- Beverly --, in the County of-- Essex -- and Commonwealth aforesaid, has applied to
the Department of Environmental Protection for license to -- maintain existing ramp,
floats, piles, seawall and fill .........................................................................
and has submitted plans of the sate: and whereas due notice of said application has been
given, as required by law, to the -- Mayor and City Council -- of the -- City -- of Beverly;
NOW, said Department, having heard all parties desiring to be heard, and having fully
considered said application, hereby, subject to the approval of the Governor, authorizes
and licenses the said
-- Beverly Port Marina, Inc. --, subject to the provisions of the ninety-first chapter of the
General Laws, and of all laws which are or may be in force applicable thereto, to --
maintain existing ramp, floats, piles, seawall and fill ..........................
in and over the waters of -- Beverly Harbor -- in the -- City -- of -- Beverly '-- and in
accordance with the locations shown and details indicated on the accompanying DEP
License Plan No. DRAFT (4 Sheets).
License No. DRAFT Page 2
The structures hereby authorized shall be limited to the following use(s): to provide a public
recreational boating facility.
This license shall expire twenty(20) years from the date of license issuance. The Licensee may
request to renew the license term for an additional period not exceeding 20 years provided that
the licensee demonstrates at the time of license renewal that the facility is in compliance with all
the provisions of applicable waterways licenses and the continuation of this use will not preempt
a maritime industrial use.
Existing structures were previously authorized by Harbor and Lands License No. 3780,
Department of Public Works License No. 1168, No. 3586, No. 4788, No. 5386 and DEQE
License No. 1979 and shall be maintained in accordance with the terms and conditions of that
license.
The tidewater displacement and commonwealth tidelands occupation fees listed on page 5 of this
license may be paid in six installmep. t.s. The first installment is due prior to issuance of this
license. The next five installments shall be paid by the end of each of the following five years.
No activity or construction may take place on the area of fill authorized herein without prior
written approval of the Department.
The structures located seaward of the Federal Channel line are not authorized under this license
and must obtain annual permits under M G.L. Ch. 91 sec. 10A from the appropriate municipal
official.
The public accessway conditioned under DEQE License No. 1979 shall be maintained in
accordance with license conditions expect as mended as follows: The twelve foot wide
walkway extending from Water Street down to the mean high water shoreline may be closed
with the condition that a lateral accessway be opened between 11-25 Water Street and 1 Water
Street at the mean high water shoreline
The general public shall be granted pedestrian access to a twelve foot wide walkway located
laterally along the mean high water shoreline at 43-67 Water Street as depicted on the license
plans. Such public access shall be available at least from sunrise to one hour after sunset and
shall be subject to the ability of the licensee to establish and implement reasonable public
security measures. The public shall be afforded restricted access through the boat launching area
when the travel-lift, boat hauling or boat launching facilities are not in operation.
ACcordingly, the Licensee shall place and maintain, in good repair, public access signs on the
easterly property line at 11-25 Water Street and the westerly property line at 43-67 Water Street
adjacent to the mean high water shoreline. Said signs, provided by the Department, shall be
~osied immediately upon receipt.
License No. DRAFT Page 3
Special Waterways Conditions for Marinas
1 .) Any berth authorized hereby shall be assigned in a fair and equitable manner, via waiting list
or other appropriate, unbiased means.
2.) The Licensee may assign any berth authorized herein based upon vessel characteristics.
3 .) Any contract or other agreement for exclusive use of berthing area authorized herein shall
have a maximum term of one(l) calendar year and may be renewed upon expiration on a annual
basis.
4.) Any berth authorized hereby shall be made available for transient use during periods of
Vacancy in excess of 24 hours.
Please see page 4 for additional conditions to this license. - .................................... ,~
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Duplicate of said plan, nmber DRAFT is on file in the office of said Department, and original
of said plan accompanies this License, and is to be referred to as a part hereof.
License No. DRAFt Page 4
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shal'l constitute an agreement by the Licensee to conform with all terms and conditions
stated herein.
2. This L cense s granted upon the express condition that any and all other applicable authorizations necessitated due to the
provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this
License.
3. Any change in use of any substantial structural alteration of any structure of fill authorized herein shall require the issuance
by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of
' the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of
any s!mcture of fill an~horized herein shall render this Waterways L cease void.
4. This Waterways Licanse shall be revocable by the Department for noncomp ante with the terms and conditions set forth
'herein. This license may be revoked after the Department has given wr tten notice of the alleged noncompliance to the Liceasee
and those persons who have filed a written request for such notice with the Department and those persons who have filed a
written request for such notice with the Deparunent and afforded them a reasonable opportunity to correct said noncompliance.
Failure to correct said noncompliance after the is~pance of a written notice by the Department shall render this Waterways
License void and the Commonwealth may proceed to remove or cause removal of any structure or fill, authorized herein at the
expense of the Liceasee, its successors and assigns as an unauthorized and unlawful structure and/ur fill,.
5: The structure(s) and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and
, conditions stated heraln and the details indicated on the accompanying license plans.
6. NOthing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or
controlled by the Licensee, except with the written consent of the owner or owners thereof.
7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and
regulations including but not limited to a valid final Order of ConditiOns issued pursuant to the Wetlands Protection Act, G.L.
· Chapter 131, s.40.
8. This Waterways License is granted upon the express condition that the Use of the structure(s) and/or fill authorized hcrein '
shall bc in strict conformance with all app cable requirements and authorizations of the DEP, Division 0fWater Pollution
Control.
9. This License authorizes structure(s) and/or fill on:
[ Private Tidelands. In accordance with the public easement that exists by the law on private tidelands, the licensee
shall allow the public to use and to pass freely upon the area of the subject property lying between the high and
low water marks, for the purposes of fishing, loWling, navigation, and the natural derivatives thereof.
X__ Commonwealth Tidelands. This Licensee shall not restrict the public's right to as~ and to pass freely, for any
purpose, upon lands lying seaward of the low water mask. Said lands are held in trust by the Commonwealth
for the benefit of the public.
__ A Great Pond of the Commonwealth. The Liccnsee shall not restrict the public's fights to use and to pass
freely upon lands lying seaward of the high water mark for any lawful purpose.
No restriction on the exercise of these public fights shall be imposed unless otherwise expressly provided in this license.
10. Unless otherwise expressly provided by this license, the licensen shall not limit the hours of availability of any areas of the
subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that
would impede or discourage the free flow ofpedsstrian movement thereon.
License No. DRAFT Page 5
The amount of tidewater displaced by the work hereby authorized has been ascertained by said
Department, and compensation thereof has been made by the said -- Beverly Port Marina, Inc.
-- by paying into the treasury of the Commonwealth -- two dollars and zero cents ($2.00) -- for
each cubic yard so displaced, being the amount hereby assessed by said Department. (6,602.00
cu. yds.= $13,204.00)
Nothing in this License shall be so construed as to impair the legal fights of any person. This
Licerise shall be void unless the same and the accompanying plan are recorded within 60 days
from the date hereof, in the Registry of Deeds for the County of-- Essex .......................
IN WITNESS WHEREAS, said Department of Enviroamental Protection have hereunto set their
hands this day of in the year nineteen
hundred and
Commissioner
Depm tment of
Environmental
Protection
Section Chief
THE COMMONWEALTH OF MASSACHUSETTS
This license is approved in consideration of the payment into the treasury of the Commonwealth
by the said -- Beverly Port Marina, Inc. - ....................................................................
the further sam of-- thirty-two thousand eight hundred and ninety-four dollars and zero cents
($32,894.00) .....................................................................................................
the amount determined by the Governor as a just and equitable charge for rights and privileges
hereb)/g/anted in the land of the Commonweaith
BOSTON,
' Approved by the Governor.
Govemor
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