Loading...
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. - .................................... ,~ / / / / / / / / . .. / / / / / / / / / / / / / / / / / / / 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 bJO0 r",o0 IZ 7r-, O,0 L'-Z --iZ V) rng.u Zuj uJ --JuJ (.:~ L-~--~ ,. ZuJ ~ Z r,r-, (,,) (,,) 000o ~,~_,, E-',~__,,- 0 II I1 T _J 0 Z O~ F_T bJ0 0 ~' · 3n~d -Jo~O tdO~ S,J.'q'O'id ONO'1,07.. S, IVO'I::I 1OIM ,01 glVOn~ 9NO~ ,0£ ),OZ b