HomeMy WebLinkAbout1991-06-04 Correspondence 3 KAREN 11.11.NEIS01 Town of 120 Main Street, 01845
(508) 682-6483
NORTH ANDOVER
BUILDING
C0NsEj?vjvrj0N DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
memorandum
TO : North Andover Planning Board
FROM : Richard Doucette
DATE : May 20, 1991
RE : North Andover Boat Ramp' on the Merrimack River
Please find the attached documents that were discussed at your
meeting of May 16. This includes a copy of the Rules and
Regulations of projects funded by the Public Access Board and a
copy of their standard Land Management Agreement. These
documents would be in effect at the boat ramp facility only if
the Town receives funds from the Public Access Board for this
project.
If you are in need of any further information please contact my
office.
CC : Mark Gross, Kimball Chase
RULES & REGULATIONS
MASSACHUSETTS DEPT. - OF FISHERIES
WILDLIFE AND ENVIRONMENTAL
LAW ENFORCEMENT
PUBLIC ACCESS BOARD
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BOAT LAUNCHING FACILITIES AND LAND UNDER CONTROL OF THE PUBLIC ACCESS BOARD
1.) No person shall build or maintain a lire for any purpose.
2.)No person shall remove,destroy,or deface any vegetation,sign,poster building or oilier property.
3.) Parking areas are for the sole use of motor vehicles parked in conjunction with[lie Intended use of the facility. Vehicles shall be parked
according to the striping pattern or other means used to dilinale Ilia proper places to park. The conduct of any other activity In the parking
areas is prohibited.
4.) Camping,swimming,sleeping,and picnicking activities shall not be permitted within the boundary of the Public Access Facility.
5.) Waterskiing shall not be conducted from or within 300 feet of any Public Access Board Facility. The operation of personal watercraft
shall not be conducted from any Public Access Facility,except for initial embarkation and final disembarkation.
6.) No fishing activities shall be conducted from or within a fifty(50)loot radius of any boat launching ramp.
7.) At no time shall a person deposit or leave any refuse on land or adjacent waters under the control of the Public Access Board. The
deposit of sanitary waste is also strictly prohibited.
8.) The washing of motor vehicles,flushing of motors or other equipment Is prohibited.
9.) No person shall carry on any.business or commercial calling or trade,sell or otherwise deal In wares or any sort,advert€so any such
business or commercial calling,hold any public meeting,or conduct any tournament contest or organized event,unless he shall have re-
ceived a written permit from the Public Access Board. The posting of any special sign or notice(commercial or otherwise)without the prior
approval of the Public Access Board Is prohibited.
10.) No person shall dock or beach a boat or leave a motor vehicle or trailer for more than 24 hours within the boundary of the Public Ac-
cess Faeil€ty. Storage of boats,equipment or other items on Public Access Facilities shall be prohibited except witir written permission of
Ilia Pubile Access Board and the managing authority.
11.) Disorderly conduct,gambling,drinking of alcohol€c beverages,use of illegal drugs,obscene or indecent language or behavior is pro-
hibited.
12.) The closing or gating of any Public Access Facility or any action that prohibits or Impedes the ability of the public to use any such facil-
ity,without the written permission of the Public Access Board Is prohibited.
Violation of any of these rules or regulations may be punished by a fine of not more than one hundred dollars for each offense.
Persons using the Public Access Facilities do so at(heir own risk.
REGULATORY AUTHORITY
324 CMR 2.00., M.G.L.c.21,s. 17A.
LAND MANAGEMENT AGREEMENT -
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AGREEMENT entered into this day of 19 between the
Commonwealth of Massachusetts acting through its Commissioner of the Department
of Fisheries, Wildlife and Environmental Law Enforcement (as the "Department")
and the acting through its
hereinafter referred to as the (" ).
NOW THEREFORE, in consideration of the construction of Public Access Board facility
and parking area (hereinafter referred to as the "facilities") in said ,
on by the Department of Fisheries, Wildlife and Environmental
Law Enforcement, upon the recommendation of the Public Access Board (hereinafter
referred to as the "Board" ), and in consideration of the mutual covenants. herei�n
contained and for other rood and valuable consideration with regard to said
facilities the parties hereto convenant and agree as follows!
1 . The Department, upon consideration of the recommendations of the Board
shall undertake any repairs, replacements or reconstruction made necessary
by the effects of weather or normal public usage,
2. The Department shall make available to the
on a timely basis any rules, regulations or promulgations concerning the
use of said facilities for the implementation by said
within a reasonable time.
3. The shall agree that the operation of
said facilities shall be the responsiblity of the
4. Such operation by the shall include
but not be limited to the policing, trash and litter removal and the
preservation of said facilities for the general public on equal terms,
5. The shall not use nor allow to be
used any parking spaces or open areas for purposes other than public access,
without the written permission of the Department,
6. The may charge a reasonable fee for the
use of said facilities, provided however, that the same fee shall be charged
to all users and that the fee schedule, after consideration of the recommen-
dations of the Board, shall be approved in writing by the Department.
7. -If such a fee, as approved by the Department, is charged pursuant to
paragraph six (6) , the proceeds of said fee shall be used exclusively
for the operation and maintenance of said facilities and an accounting of
receipts and expenditures, certified by the
Treasurer shall be provided to the Department upon written request.
8. The may from time to time, after
consideration of the Board and with the written approval of the Department,
promulgate reasonable rules and regulations as may affect the use of said
facilities so far as such rules and regulations are not inconsistent with
those of the Department.
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9. The agrees to erect a sign, and display
the same prominently at the facility, stating that said facility has
been constructed by the Massachusetts Department of Fisheries, Wildlife
and Environmental Law Enforcement.
Whereas the benefit desired by the parties from the full compliance of this
AGREEMENT is the existence, maintenance and preservation of public outdoor
facilities and because such benefit exceeds to an immeasurable and unascertainable
extent any consideration recited in this agreement, the parties agree that any
payment of monies would be an inadequate remedy for a breach by either party
to this AGREEMENT, and said parties further agree therefore, that, as an alter-
native or an additional remedy, specific performance of any conversant contained
herein may be enforced against the breaching party.
IN WITNESS WHEREOF, this day of 19
the parties hereto have executed this AGREEMENT,
DEPARTMENT OF FISHERIES, WILDLIFE
AND ENVIRONMENTAL LA14 EINFORCEMENT
Walter E. Bickford, Commissioner
of
By its : Mayor/Board of Selectmen
Approved as to form:
Assistant Attorney General
KAREiN Fi.E'. NELSON 2 ; Town of 120 Maiii Street, 01845
r)r/'rY'tru NORTH ANDOVER (508) 682 64s3
BUILDING 4'es""
MVISION OF
CONSERVATION
PLANNING PLANNING & COMMUNITY DEVELOPMENT
MemorandumI _ I`
TO : James Gordon, Town Manager
FROM : Richard Doucette, Conservation Administrator
DATE : May 31, 1991
RE : Riverview St. Boat Ramp
I would appreciate the opportunity to appear before the Selectmen
next Monday night. The purpose of my request is to discuss the
boat ramp project. The Planning Board approved the project last
night and have asked me to petition the Selectmen to consider
certain roadway and safety improvements in the local
neighborhood.
I would like to discuss these matters and provide the Selectmen
with a status report of the entire project.
CC Karen Nelson
William Dolan
04
OFFICES OF: VV n o f 120 Main Street
North Andover
BUILDING MORTH ANDOVER Massachusetts 0 1845
CONS E11%//VI'ION DIVISION O 6804823
I-JEAty-i
I'l-ANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
PAX TRANSHITTAL COVER SHEET
Please deliver the following page ( s ) to :
Kay
This transmittal is being sent from:
EA- -------- -------
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k
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Number of pages including cover sheet:
Robert J . DeSista
Acting Chief , Permits Branch
Regulatory Division, NED Corps of Engineers
424 Trapelo Road
Waltham MA 02254
Dear Mr . DeSista :
The Town of North Andover and Kimball Chase Go . Inc . are in
receipt of your letter regarding public comment on the Riverview
Street Boat Ramp permit application (GENED-OD-R-21-199100898 ) . We
would like to take this opportunity to directly respond -to the
concerns raised In your letter .
First , regarding an alternatives analysis for the end of North
Main St . An exhaustive alternatives analysis was conducted by the
Town of North Andover many years ago as a pre-requisite to land
acquisition , Although North Andover enjoys 3 miles of Merrimack
River Frontage , most, of rrontfige in cut off' by an active
AMTRAK line parallel to the river and large tracts of developed
industrial land . Only a very small area of accessible available
land in North Andover actually fronts on the river . The end of
North Main St . you mentioned an an alternative was previous-ly
considered . This land was deemed unusable for various reasons .
The land is owned by the Greater Lawrence Sanitary District (GLSD)
who maintain a major sewer line under that site . The GLSD will not
allow construction of any Facilities on that land since this could
disturb the sewer line . This line feeds an adjacent pump station .
The presence of the pump station , and the sewer line itself , simply
do not leave enough room for the necessary parking , turn-around
space or other appurtenances . We therefore sought vacant land not
encumbered by much constraints and purchased the land now proposed
as the site for the boat ramp. This land was not only one of the
last remaining vacant parcels , but depth soundings showed that
deeper water was found not far from the bank . Deeper water near
shore is a major limiting factor for this project . The North Main
St . site has much shallower water and is unacceptable during low
water .
Second, the purpose of the proposed project is both emergency
and recreational access . The boat ramp was initially intended to
allow emergency access for the Fire Department . Based in input
from the public and from the Commonwealth of Massachusetts Division
of Conservation Services , who funded land acquisition Lhrough a.
grant , the project will allow (onronwealh ' s
mrgnyrectioaaccess . B y accepting the t grant for land
acquisition , the Town of North Andover is now compelled to allow
recreational access and we fully support this condition .
Third , you question the need for such a ' large ' parking area .
We do riot, consider a parking lot fear )12 cars largc, ' by anY
oalculahior" Certainly a private project of this nature would have
Far more parking spaces and increased env 1ronmen tal impact , We
have received some criticism by sportsmen for such a ' small '
Parking area . As stated above , the Town of North Andover received
a grant, from the Commonwealth of Massachusetts to purchase the
property to build the proposed project, . Our grant application
stated that a. parking area for 10 to 15 cars would be constructed .
We do riot fecal that, it would be possible (oa? appropriate ) to change
our plans now that public funds have been spent on land.
acquisition . The Merrimack River is a large river with no suitable
public access for several miles . A smaller parking area would be
out of scale with the size of the river and its potential for use .
Any overflow would quickly impact the adjacent residential area .
Twelve car spaces is the most we felt such a small site could
contain and balance the need for recreational/emergency access ,
while min-imizing environmental and residential. impacts . Also, the
Massachusetts Public Access Board asked us to increase the size of
the lot from t0 to 12 spaces durinb their review . We complied with
this reasonable request . If you would like to shrink the lot back
to 1.0 spaces we suggest you contact the Public Access Board and
express you]" concerns . If they are in agreement we will alter our
design accordingly, but we do not see the need for such discussion
since the impacts of 10 vs . 12 spaces is minimal and we will not
pursue the project with less than 10 spaces .
Fourth , a. copy of the stormwater runoff plan is included for
your review. This plan was reviewed and approved by both the local.
Conservation Commission and Planning Board during their review
processes .
Finally , regarding the comments of Mr. Albert A . Gammal of
FEMA . Our Engineers , Kimball Chase Co . Inc . , are now in contact
with representatives of FEMA. Kimball Chase Co . will provide FEMA
with all necessary information regarding compliance with the
federal regulations cited in Mr . Gammal ' s letter . We are confident
that the project as designed meets all the appropriate regulations .
[NOTE : Mark Gross should see the above paragraph ASAP . The entire
letter for that matter . ]
We hope the above comments address all the pertinent points
i.n yo►�r letter . If you are in need of any additional information
please do not hesitate to contact the North Andover Division of
Planning and Community Development ,
:sincerely ,
Richard P. Doucette Karen HP Nelson
Conservation Administrator Division Director