A00864-610544.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 610544-135966

A00864 - 1

DOCUMENT A00864

CHAPTER 91

WATERWAYS LICENSE

Massachusetts Department Of Transportation Highway Division Proposal No. 610544-135966

A00864 - 2

THIS PAGE INTENTIONALLY LEFT BLANK

Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs

Department of Environmental Protection

Maura T. Healey Governor

Kimberley Driscoll Lieutenant Governor

100 Cambridge Street 9th Floor Boston, MA 02114 • 617-292-5500

0 C. 'TC) w- ~ J '2,_i) '2..S- City of Peabody, Curt Bellavance, Director, Community Development & Planning Office c/o Diana Walden, BSC Group 24 Lowell Street Peabody, MA 01960

Rebecca L. Tepper Secretary

Bonn ie Heiple Commissioner

RE: ISSUANCE OF CHAPTER 91 LICENSE No. WW0l-0000709; 520 Lowell Street (A), Waters of Proctor Brook, Peabody, Essex County

Dear Mr. Bellavance:

The Department of Environmental Protection hereby issues the above-referenced Chapter 91 License, enclosed, authorizing certain activities pursuant to M.G.L. c. 91, the Public Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure or fill not authorized by this license may render this license void.

This License is not final until the administrative appeal period has elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. The appeal period is for twenty-one (21) days. No work shall be undertaken until the License has become final and 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.

RECORDING OF THE LICENSE

This License and accompanying Mylar Plans must be recorded within the chains of title of all affected properties at the appropriate Registry of Deeds or, if registered land, with the Land Registration Office within sixty (60) days from the date of license issuance. In the case ofrecorded land, the License shall also be noted in the Registry ' s Grantor Index under the name of the owner of the land upon which the project is located. In the case of the registered land, the License shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the project is located. Failure to record this License within the chains of title of all affected properties within sixty ( 60) days of the date of issuance will render this License void ursuant to 310 CMR 9.18.

This information is available in alternate format. Please contact MassDEP at 617-292-5500.

TTY# MassRelay Service 1-800-439-2370

MassDEP Website: www.mass.gov/dep

Printed on Recycled Paper

Proposal No. 610544 - 135966

A00864 - 3

Chapter 91 License No. WW0l-0000709 Page 2 of 2 520 Lowell Street (A), Waters of Proctor Brook, Peabody, Essex County

Upon recording the License and Mylar Plans, you must notify the Department by accessing your Authorization record at https://eplace.eea.mass.gov/citizenaccess and entering the recording information. Instructions for entering recording information may be found at the following link:

https://www.mass.gov/doc/eplace-waterways-recording-information-amendment/download. Failure to notify the Department of the recording of this License is a violation of 310 CMR 9 .00.

CERTIFICATE OF COMPLIANCE

Pursuant to 310 CMR 9.19, once the licensed project is complete, the Licensee must file a Request for a Certificate of Compliance form, BRP WW05, within sixty (60) days of completion but in no event later than five (5) years from the License' s issuance date. The license for any project for which such a request is not filed and certificate issued may be revoked pursuant to 310 CMR 9.26.

Please contact Jaime Iannelli at jaime.iannelli@mass.gov if there are any questions.

Sincerely, D_s2;P~ Daniel J. Padien Program Chief Waterways Regulation Program

Encl: Chapter 91 License No. WW0l-0000709 cc: City of Peabody, Office of the Mayor City of Peabody Planning Board City of Peabody Conservation Commission Beth-El Congregation Cemetery

A00864 - 4

Qtbe QCommontuealtb of Jiutffatbufettf

No. WW0l-0000709

Wbereas, the City of Peabody of -- Peabody -- in the County of -- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to construct and maintain a new pedestrian bridge, as further detailed below -----------------------------------------------------------------------------and has submitted plans of the same; and whereas due notice of said application, tlfl:d of the tiffle and plaee fixed fut a heating the1eo11, has been given, as required by law, to the -- Municipal Official -- of the -- City of Peabody; -------------------------------------------------------------------------jfi.obl, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to th@ approval of th@ Governor, authorizes and licenses the said --

City of Peabody -- 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, for license to -- construct a new pedestrian bridge measuring 14.5 feet wide by 135 feet long (within Chapter 91 jurisdiction) consisting of a single span supported on concrete foundations located on uplands landward of Chapter 91 jurisdiction; the minimum clearance from the High Water Mark to the lowest bridge chord is 2.8 feet----------------------------------------------------------------------------------------------------------------within waters of -- Proctor Brook -- at 520 Lowell Street -- in the -- City of Peabody -- and in accordance with the locations shown and details indicated on the accompanying License Plan No.

WW0l-0000709 (4 Sheets) signed and sealed on September 30, 2025 by Kathryn Eagan, Massachusetts P.E. No. 54123.

A00864 - 5

Chapter 91 License NQ: WW0l-0000709 Page2

No Specific Legislative Authorizations and/or Licenses have been identified as having been issued previously at the project site.

The fill and structures authorized hereby shall be limited to the following uses: public infrastructure crossing facility (pedestrian bridge).

The structures authorized pursuant to this License are valid for an unlimited term, pursuant to 310 CMR 9.15(1)(c).

This License is subject to the following Special Conditions and Standard Conditions:

SPECIAL CHAPTER 91 LICENSE CONDITIONS

1. The Licensee shall allow the public to pass on foot, free of charge, from dawn to dusk, for any lawful purpose, within the area of the subject property lying waterward of the present high-water mark and landward around the bridge in the area where the bridge connects to land to maintain access within the waterway. These conditions shall not be construed to prevent the Licensee from taking reasonable measures to discourage unlawful activity by users of the area intended for public passage, including but not limited to trespassing on adjacent private upland areas, depositing refuse of any kind or nature in the water and shore, and from excluding the public from portions of said structure(s) or property not intended for pedestrian passage. Further, the exercise by the public of free on-foot passage in accordance with this condition shall be considered a permitted use to which the limited liability provisions ofM.G.L. Chapter 21 § 17C shall apply. The intent of this condition is to provide access for the public rights of fishing, fowling, and navigation which already exist within the waterway. Said allowance of passage shall commence upon issuance of the license.

2. The Licensee shall install place and maintain, in good repair, public access signs which meet the minimum Department sign specifications and in accordance with the following standards:

a) two (2) public access signs (one on each side of the bridge), located at the High Water Mark, shall state public access is permitted along the shoreline; and

b) signs shall be posted, and photo documentation shall be submitted to the Department, within sixty ( 60) days of completion of construction, and prior to the use of the structure authorized herein.

3. Any structural alteration or change in use, or any other modification from that explicitly authorized herein and contained on the License Plans, shall require prior review of the Department to determine whether additional licensing is required pursuant to M.G.L.

Chapter 91 and the Waterways Regulations at 310 CMR 9.00.

A00864 - 6

Chapter 91 License NQ: WW0l-0000709 Page 3

4. All structures authorized by this License shall be constructed to meet the Engineering and Construction Standards pursuant to 310 CMR 9 .3 7.

5. The Licensee shall maintain all structures in accordance with the terms and conditions specified herein or this License may expire, pursuant to 310 CMR 9 .25(1 )( c ).

6. The Licensee shall allow agents of the Department to enter the project site to verify compliance with the conditions of this License.

7. All work authorized herein shall be completed within five (5) years of the date of license issuance. Said construction period may be extended by the Department for one (1) or more one

(1) year periods without public notice, provided that the Licensee submits to the Department at least thirty (30) days prior to the end of the construction period, a written request to extend the period and provides adequate justification for said extension.

8. The Licensee shall request in writing that the Department issue a Certificate of Compliance within sixty (60) days completion of the licensed project, but in no event later than five (5) years from the date of License issuance, or any extension thereof, in accordance with 310 CMR 9.19(1). The request shall be accompanied by a certification by a registered professional engineer licensed to do business in the Commonwealth that the project was completed in accordance with the plans, specifications, and conditions of this License.

Please see Page 4 for additional conditions to this License

Duplicate of said plan, License Number WW0 1-0000709 is on file in the office of said Department, and original of said plan accompanies this License is to be referred to as a part hereof.

A00864 - 7

Chapter 91 License NQ: WW0l-0000709 Page4

STANDARD CHAPTER 91 LICENSE CONDITIONS

1. Acceptance of this License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein.

2. This License is 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 or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new 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 License void.

4. This 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 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 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. The Licensee stated that Beth-El Congregation Cemetery were the property owners at the time the application was submitted.

7. This 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, M.G.L.

Chapter 131, §40.

8. This 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 MassDEP.

9. This License authorizes structure(s) and/or fill on:

--~Private Tidelands - In accordance with the public easement that exists by 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, fowling, navigation, and the natural derivatives thereof.

___ Commonwealth Tidelands - The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark and all other lands defined as Commonwealth Tidelands.

Said lands are held in trust by the Commonwealth for the benefit of the public.

_ _ _ Great Pond of the Commonwealth - The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose.

X Navigable River or Stream - The Licensee shall not restrict the public' s right to use and to pass freely, for any lawful purpose, in the waterway.

No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this License.

10. Unless otherwise expressly provided by this License, the Licensee 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 of pedestrian movement thereon.

A00864 - 8

Chapter 91 License NQ: WW0I-0000709 Page 5

The amount of water displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said -- City of Peabody -- by paying into the treasury of the Commonwealth -- $2.00 -- for each cubic yard so displaced (N/ A), being the amount hereby assessed by said Department -- exempt pursuant to 310 CMR 9. l 6(4)(a).

Nothing in this License shall be so construed as to impair the legal rights of any person.

This License shall be void unless the same and the accompanying Mylar plan are recorded within the chain of title for the affected property within sixty (60) days from the date hereof, in the appropriate Registry of Deeds for the -- County of -- Essex

Jn witness tt:Jbereas, said Department of Environmental Protection have hereunto set their hands this --~-"'M __ day of Oc.... \-t)~ in the year ZD 25

[) . ...k?i 'Le_ Program Chief r~

Daniel J. Padien

Department of Environmental Protection

THE COMMONWEAL TH OF MASSACHUSETTS

y t e sa1 -- 1 ea o y -- the urther su -- exemp the amount determined by the Governor as a just and equitable charge for ri hereby granted in the land of the Commonwealth.

Appr01,1ed by the Governor.

Maura T. Healey, Governor

A00864 - 9

SIGN AGE SPECIFIC A TIO NS

OF THE MASSDEP WATERWAYS REGULATION PROGRAM

Unless otherwise expressly provided in a license or other written authorization of the Department, all required signage shall conform to the following specifications, as applicable:

• Signs shall utilize durable materials and methods of construction and maintained in good condition.

• Signs shall be a minimum of 5" x 10" (50 square inches) in size. Letter height shall be a minimum of ½".

• The MassDEP Chapter 91 License Number shall be displayed on all signs.

• Each sign shall indicate that public passage is allowed for on-foot lateral access along the shoreline for the purpose of fishing, fowling, navigation and strolling.

• Signs shall be posted on both sides of the bridge, at the mean high water shoreline (see Special Conditions).

An example of an acceptable sign is provided below.

tPUBLIC PASSAGE

FOR

Mass DEP M.G.L. Ch. 91 LICENSE # WWOl- 0000109

Note to Licensee: these specifications do not need to be recorded with the License at the Registry of Deeds.

A00864 - 10

DRAWING INDEX

I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO

THE RULES AND REGULATIONS OF THE REGISTERS OF

DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS.

RN LEAGAN, P.E. DATE

SHEET TITLE !\.___

EXISTING CONDITIONS PLAN ] \

PROPOSED CONDITIONS PLAN ; l

PROFILE

TYPICAL SECTIONS

\ I ~ 2 ✓

\./ _,, ~~ b -

N PROJECT SITE

C N/ F

CITY OF PEABODY

BOOK 5417 PAGE 3

I APN 035-027

520 LOWELL STREET

N/ F

BETH EL CONGREGATION

R

LOCUS MAP

SCALE: 1" = 50'

-CX)

CX)

z --s:t:

I.() co _j w oo;::-oo 0:::

0 <(

~o zz t--::::, ·O ;g Ill

· O

_Jo w_o s: ....J

I LL

ow -o o:::z w <( I- I s: ....J I '.3 W (9 z z w :i: z ::::i t::

o:::~l-1- <( ~ 0::: () z . Ww

-()CL,

O....JOO

0::: <( 0::: 0:::

0 () CL CL

APN 047-035

29 CLARK ROAD

N/ F

C z w C) w ...I

I

I 24 & 29 CLARK

ROAD REALTY

TRUST

I I

BK 33890 PG ~

405 "v / APN 047- 88

/ 27 CLARK RO~

~ N/ F

./NICHOLAS & THERESA VLl~AS

/ BK 30799 PG 624 ""--

40' 80'

NOTES:

1. FEMA BOUNDARIES FROM PEABODY FLOOD INSURANCE

RATE MAP, PANEL 411 OF 600, COMMUNITY PANEL

NUMBER 250099 0411 F, DATED JULY 3, 2012.

2. THE FEMA BOUNDARY SHOWN IS THE CALCULATED

EXISTING CONDITIONS LIMITS AT ELEVATION 65.4 BASED ON THE HYDRAULIC

MODEL PREPARED FOR THE STRUCTURAL DESIGN.

SCALE IN FEET

SCALE: 1" = 40'

SHEET 1 OF 4

SEPTEMBER 30, 2025

PLAN ACCOMPANYING PETITION OF CITY OF PEABODY TO

CONSTRUCT AND MAINTAIN A PROPOSED PEDESTRIAN BRIDGE

OVER THE WATERS OF PROCTOR BROOK AT INDEPENDENCE

GREENWAY, PEABODY, ESSEX COUNTY

MASSACHUSETTS

LICENSE PLAN NO. Wl,j) (-~@109 Approved by Department of Environmental Protection of Massachusetts

Jl:&£i{~

A00864 - 11

N/F

CITY OF PEABODY

BOOK 5417 PAGE 3

LO

CV)

s I 0:::

w

) z <x::

a..

Cl)

I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO

THE RULES AND REGULATIONS OF THE REGISTERS OF

DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS.

DATE

R

LOCUS MAP

SCALE: 1" = 50'

PROJECT SITE

-------- OUT-TO-OUT WIDTH - 14'-7"

SEE SHEET 4

FOR SECTION \

AREA OF PROP

BRIDGE STRUCTURE

OVER OHW = 1,942 SF

APN 035-027

520 LOWELL STREET /

BETH EL i6~GREGATION \

PROJECT LIMITS EXTENDED _

TO ACCOUNT FOR TEMP

CRANE SWING

-CX)

CX)

z

LC)

c.o _j w oo;;

CX) 0:::

0 <(

~o zz ,.._ ::J ·O

;i co ·O

_Jo w_o s: ....J

I LL

ow o:::z w <( I- I s: ....J

I:3W C) z z w :i: z ::::i !::

>- <( >- C/) o:::~l-1- <( ~ 0::: (.)

z . Ww

-(.) CL,

□ ...JOO

0::: <( 0::: 0:::

0 (.) CL CL

APN 047-035

29 CLARK ROAD

N/F

C z w w .J

I

I 24 & 29 CLARK

ROAD REALTY

TRUST

BK 33890 PG ~

405 v / APN 047- 88

/ I

/ 27 CLARK RO~ NOTES: I

~ N/F ./NICHOLAS & THERESA VLl~AS

/ BK 30799 PG 624 ""

1. FEMA BOUNDARIES FROM PEABODY FLOOD INSURANCE

RATE MAP, PANEL 411 OF 600, COMMUNITY PANEL

NUMBER 250099 0411 F, DATED JULY 3, 2012.

40' 80' 2. THE FEMA BOUNDARY SHOWN IS THE CALCULATED

PROPOSED CONDITIONS LIMITS AT ELEVATION 65.4 BASED ON THE HYDRAULIC

MODEL PREPARED FOR THE STRUCTURAL DESIGN.

SCALE IN FEET

SCALE: 1" = 40'

SHEET 2 OF 4

SEPTEMBER 30, 2025

PLAN ACCOMPANYING PETITION OF CITY OF PEABODY TO

CONSTRUCT AND MAINTAIN A PROPOSED PEDESTRIAN

BRIDGE WITHIN THE WATERS OF PROCTOR BROOK AT

INDEPENDENCE GREENWAY, PEABODY, ESSEX COUNTY

MASSACHUSETTS

•••• ' LICENSE PLAN NO. W~{-()OOOJ()q Approved by Department or Environmental Protection

Date; Oc..,+o'o..ur <t; 261.£"

A00864 - 12

I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO

THE RULES AND REGULATIONS OF THE REGISTERS OF

DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS.

KATHRYN L. EAGAN, P.E.

ELEV: 68.94 co

PVT: 216+43.32

ELEV: 69.84

PVC: 215+83.32

0 r--- 0 co

DATE

L{) L{) w I- 0 Cl) <(

- 0:: G) C) 0

~L-69 0

L'69 co T"""

N r--- -q-

GRADE BREAK STA= 215+71.32~

ELEV = 69.90

co w 06"69 6'69

HOR. SCALE IN FEET

z a..

Cl) s I 0::

w z a..

Cl)

PVT: 213+

s I

06"69 0

6"69 LO

T"""

N

06"69 6'69

GRADE BREAK STA= 213+86.32

ELEV= 69.90

ZL"69

L' 69

ELEV: 69 86 8

,J-,,,-"=""--+-----'F----+--0_3-:"S+,-,-d~O""'cl~d+--_0=:6=:-:"==,,6~9~ +

PVC: 213+ 3.32 8 I1SIX3 6'69 ~

0 0.. W 0 co O O r---

0:: <( a.. 0::

C)

CONSTRUCTION PROFILE

SHEET 3 OF 4

SEPTEMBER 30, 2025

0 > w co co _J co w OWo > U) 0 <C <C LO z c:c L{)

N

_J -q z . z _J <( w -::!2.0 0 0 T""" 0 0 _J w u.

I- w <( 0 _J z

~I <( 0

0 50 - -50

20 -- -0 10

LICEN E PLAN NO. ~WOJ-()OO(fl()q Approved by Department ot Environmental Protection

VER. SCALE IN FEET ... Date; Oc ... :h>~ 81 '2,D2'-\

A00864 - 13

I-

-H 0 -H I ~

"' "' I 0 I I- -.::t I I"')

I-

SCALE IN FEET

SCALE: 1" = 2'

2!

"' 0 I I

N N

I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO

THE RULES AND REGULATIONS OF THE REGISTERS OF

DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS.

NAME DATE

0 ,---.,. w(J) o_

~ u=> ,---.,.

.....__,, -a:::: o_ a:::: I-

(D

~t, <( _J ,---.,. a:::: LL. w • o_ 0 Ww o_ OI a:::: I- ~ l.J.... _J ·xv~ (/) I- u <( <( o_ (/) .....__,, (/) a:::: "£-,Z (/)

=> a::::

I-

~ o_ 3:

z ~ a:::: Wz Q_J0 .....__,, w WO -.::t <( o_ c., a:::: - -~~ _J c., z c., I- <( z () I .....__,, a:::: a:::: oz ~~ w => (/) <( ,---.,. I-u a:::: I (I) w OU (/) ,---.,.

z I- 0 0 ::s~ (/) o_ w (/) w ·z I-oz o_ :'.j w (D I- (/) ~ zo o_ <( o_ (/)

I.....__,, w u :: => o_ c., <( (0 u w (l3,,I ::-s. u ::xo 0 N .....__,, 0 z~ ('J_J a:::: L.()

~ :::::.:E + 01 ~ _J ~ () (D ~ a:::: N 0 ,---.,.

~ 0 o_

_J

~ 0 l.J.... .....__,, 0 ,---.,. a::::

0 o_ 0 I ~ I

(0 .....__,, ()

('dAi) :::::.:E

TYPICAL SECTIONS

SHEET 4 OF 4

SEPTEMBER 30, 2025

"O-J~

('dAi) 0 (D

"8 ~

=> a::::

I-

LI N E PLAN N 0. w WO I --®) 10, Approved by Department or Environmental Protection

Date; Q,c-tn,b..t(- 31. ~

A00864 - 14