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REMARKS
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
' Environmental Protection
Daniel S. Greenbaum
COMMISSIOner
July 29, 1991
Town of North Andover
c/o Kimball Chase Company, Inc.
261 Essex Street
Lawrence, MA 01840
RE: Waterways Application No. W91-0847/License No. 2697
Merrimack River, North Andover, Essex County
Dear Sir:
The Department of Environmental Protection has approved the
enclosed referenced license authorizing you to perform certain
activities pursuant to G.L. Chapter 91 and regulations 310 CMR
9. 00.
Any unauthorized substantial change in use or substantial
structural alteration of any structure or fill authorized by this
license shall render it void.
Furthermore, this license must be recorded at the referenced
Registry of Deeds within 60_days from date of issuance. Work or
change in use authorized by this license shall not commence until
said license and plans are recorded and the Department has received
written notification of the date, book and page number of record.
Please complete and return the enclosed Notification Form to this
office. You are also required to notify the Department in writing
of the date the authorized work or change in use is completed.
Sincerely,
e.
oh A. Si pson
Section Chief
Waterways Regulation Program
JAS/RP/rp
cc: DEP-Region NE, Wetlands File No. 242-540
U. S. ACOE, Regulatory Functions Branch w/enc.
Office of Coastal Zone Management w/enc.
North Andover Harbormaster
One Winter Street • Boston, Massachusetts 02106 s FAX(617)556-1049 • Telephone(617)292-5500
John A. Simpson, Section Chief
Waterways Regulation Program
Department of Environmental Protection
One Winter Street, 8th Floor
Boston, MA 02108
RE: Waterways Application No. W91-0847/License No. 2697
Merrimack River, North Andover, County of Essex
Dear Mr. Simpson:
This is to notify you that the referenced license was
recorded on book number , page number(s)
We will notify your office in writing of the date the
authorized work or change in use is completed.
Sincerely,
JAS/
�l �e Tommunmalt of fitttoottrhuottto
No.
2697 o
Whereas,
Town of North Andover
of -- North Andover, --- in the County of -- Essex -- and Commonwealth
aforesaid, has applied to the Department of Environmental Protection* for
license to -- construct and maintain a boat launching ramp -------------
and has submitted plans of the same; and whereas due notice of said
application, , has
been given, as required by law, to the -- Board of Selectmen -- of the
Town --- of -- North Andover. -------------------------------------.-------
NOW, said Department, having heard all parties desiring to be heard, and
having fully considered said application, hereby, sQbjest to the—appr-evaj
-ef the Geve_rner authorizes and licenses the said -----------------------
Town of North Andover -- 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 -- construct and maintain a boat launching ramp --
in and over the waters of the -- Merrimack River -- in the -- Town -- of
North Andover -- and in accordance with the locations shown and details
indicated on the accompanying DEP License Plan No. 2697, (5 sheets) .
*Pursuant to Stat. 1989, c.240, s. 101, "The Department of Environmental
Quality Engineering shall be known as the Department of Environmental
Protection, " hereinafter in this document referred to as "the Department"
or "DEP".
PRINTED ON RECYCLED PAPER
License No. 2697 Page 2
The structures hereby authorized shall be limited to the following use:
public access to navigable waters. -------------------------------------
Please see page three for additional conditions to this license. ------
Duplicate of said plan, number 2697 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.
Waterways License No. 2697 Page 3
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shall constitute an agreement by
the Licensee to conform with all terms and conditions stated herein.
2 . This license is granted upon the expressed condition that any and all
other applicable authorizations necessitated due to the provisions hereof
shall be secured by the Licensee Erior to the commencement of any
activity or use authorized pursuant to this License.
3 . Any change in use or any substantial structural alteration of any
structure or 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 structure or fill authorized
herein shall render this Waterways License void.
4. This Waterways License shall be revocable by the Department for
noncompliance with the terms and conditions set forth herein. This
license may be revoked after the Department has given written notice of
the alleged noncompliance to the Licensee and those persons who have
filed a written request for such notice with the Department and afforded
them a reasonable opportunity to correct said noncompliance. Failure to
correct said noncompliance after the issuance 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 Licensee, its successors and
assigns as an unauthorized and unlawful structure and/or fill,
5. The structures and/or fill authorized herein shall be maintained in
good repair and in accordance with the terms and conditions stated herein
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.
S . This Waterways License is granted upon the express condition that the
use of the structures and/or fill authorized hereby shall be in strict
conformance with all applicable requirements and authorizations of the
DEP Division of Water Pollution Control.
License No. 2697 Page 4
The ameuant of dlsplarad lay the- hereby mod
ascertained by said Department, and compensation thereo made by
the said
by paying into the the Commonwealth
or each cubic yard so displaced, being the amount
by the said D9PaWtMAaQt
Nothing in this License shall be construed as to impair the legal rights
of any person.
This License shall be void unless the same and the accompanying plans are
recorded within 60 days from the date hereof, in the Registry of Deeds
for the -- Northern -- District of the County of -- Essex. -------------
IN WITNESS WHEREAS, said Department of Environmental Protection have
hereunto set their hands this twenty-ninth day of Jury
in the year nineteen hundred and ninety-one.
Commissioner
` Department of
Director Environmental
( � Protection
Section Chief
THE COMMONWEALTH OF MASSACHUSETTS
treasury of the Commonwealth by the said
of the further sum of
the amount determined by the ernor as a just and equitable charge for
rights and privileges y granted in the land of the Commonwealth.
BOSTON