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          Newburyport Harbor Commission                               June, 1989
          Management Plan

                                   CITY OF NEWBURYPORT

                                  HARBOR NANAGEMENT PLAN

                                         June 1989

                                 Revised: November 1989

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                                                Prepared by:

                                                Newburyport Harbor Commission
                                                  Walter J. Lesynski. Chair

         Newburyport Harbor Commission                                June. 1989
         Management Plan

                                   City of Newburyport

                                 Edward G. Molin, Mayor

           Harbor Commission                              City Council

             Walter J. Lesynski, Chair               Harold S. Harnch, President
             Joseph H. Brown                         John Batis
             John Fish                               Francis D. Bell
             George Hilton                           William E. Gurczak
             John J. Kelley                          Chester W. Hawrylciw
             Carl D. Panall                          George H. Lawler
             Susan M. St. Pierre                     Janet Leary
             Albert "Butch" Frangipane (former)      Donald M. Nolan
             Paul Poulin (former)                    John W. Pramberg
             Carl Woughter (former)                  Laura Rowe
             James R. Baker. Harbormaster,           Christopher M. Welch
               Newburyport                           Christopher J. Leary,
                                                       Past President (deceased)
                                                     FranklinJ. Powers (deceased)
           Alternates

             Greg McDermott
             Debra Ridgeway
             Steve Grossman (former)
             Anthony Jeuvelis (former)
             Arthur J. Malenfant (former)

           Advisors

             BMCS Michael L. Kabberman, Senior Chief
             BMCS Leo E. Mathurin, Senior Chief (former)
               United States Coast Guard Station.
               Merrimack River
             Pamela Stickney (former)

           With Special Assistance From

             Samuel Bailey, Harbormaster, Amesbury,
             Fars. Courtney, Coastal Coordinator,
               Coastal Zone Management
             William Dickie, Deputy Harbormaster, Salisbury
             Barbara Ingrum, Harbor Planner,
               Coastal Zone Management (former)

               Newburyport Harbor Commission                                 June, 1989
               Management Plan

                                           In Appre:iation

                     The City of Newburyport Harbor Commission extends its deepest
                 appreciation to the following individuals and groups for their
                 support:

                 Edward G. Molin, Mayor
                 Peter Matthews, former Mayor and originator of the Harbor Commission

                 Newburyport City Council
                 Michael J. Sullivan, City Clerk

                 Office of Planning and Development
                  James Gaines, Director
                  Frederick Neihardt, Director (former)
                  Susan M. St. Pierre (former)

                 Harbor Advisory Committee
                  Walter J. Lesynski
                  James R. Baker
                  Douglas Bolick
                  George Clarke

                 Senator Nicholas J. Costello, Third Essex District
                 Representative Barbara A. Hildt, First Essex District

                 Executive Office of Environmental Affairs
                  John P. DeVillars, Secretary
                  James S. Hoyte, Secretary (former)

                 Department of Environmental Management
                  Land and Water Conservation Program
                  Joel Lerner, Director

                 Department of Environmental Quality Engineering
                  John Zajac, Jr., Chief Engineer
                  Fred J. Matera, Esquire, Hearings Officer

                 Department of Fisheries, Wildlife and Environmental Law Enforcement
                  Division of Marine Fisheries
                  David Chadwick, Director
                  Shellfish Purification Plant
                  Alfred F. Nataloni, Boat/Recreational Bureau Chief
                  John J. Sheppard, Director, Public Access,Board

                 Massachusetts Coastal Zone Management
                  Steven Bliven. Acting Director
                  Joseph Pelczarski, Coastal Facilities Improvement Program Manager
                  John Moore, Coastal Engineer (former)
                  Fara Courtney, North Shore Coordinator
                  Barbara Ingrum, Harbor Planning Coordinator (former)

          Newburyport Harbor Commission                              June, 1989
         Management Plan

            United States Army Corps of Engineers
             Richard Roach, Chief, Enforcement Section
             Peter Kubbe, Regulatory Branch
             Carl G. Boutilier, Chief, Navigation Section
             Roy Clark, Navigation Section

            Merrimack Valley Planning Commission
             Alan MacIntosh

            Wendy S. Shaffer, Editor, Harbor Management Plan
            Pamela McLaughlin, Secretarial Support, Harbor Management Plan
            Roberta Grover, Secretarial Support, Harbor Management Plan

                Special thanks to the many concerned citizens of Newburyport
            who actively participated in the public meetings in October. 1987
            and July, 1988.

           Newburyport Harbor Commission                                    June, 1989
           Management Plan

                                      CITY OF NEWBURYPORT

                                     HARBOR MANAGEMENT PLAN

                                       Table of Contents

             introduction   . . . . . . . . . . . . . . . . . . . . . . . .         I

              Mission Statement: Initiatives and Accomplishments        . . . .     2

             Historical Perspective    . . . . . . . . . . . . . . . . . . .        4

             Existing Conditions    . . . . . . . . . . . . . . . . . . . .         8

              Physical Setting    . . . . . . . . . . . . . . . . . . . . .         8

              Coastal Resources   . . . . . . . . . . . . . . . . . . . . .        10

             Harbor Uses    . . . . . . . . . . . . . . . . . . . . . . . .        16

              Existing Zoning   . . . . . . . . . . . . . . . . . . . . . .        16

              Land Uses  . . . . . . . . . . . . . . . . . . . . . . . . .         17

              Water Uses    . . . . . . . . . . . . . . . . . . . . . . . .        20

             Harbor Plans   . . . . . . . . . . . . . . . . . . . . . . . .        31

              Goals, Objectives   and Action Plan   . . . .  4 . . . . . . . .     31

              Land Use Plan   . . . . . . . . . . . . . . . . . . . . . . .        80

              Water Use Plan    . . . . . . . . . . . . . . . . . . . . . .        86

              Dredging Plan   . . . . .  0 . . 9 0  . . 0 .  0 . . 0 .  0 . .  .   97

              Resource Needs/Fiscal Plan     . . . . . . . . . . . . . . . .      104

             Appendices  . . . . . . . . . . . . . . . . . . . . . . . . .        125

              Supplemental Narrative Materials      . . . . . . . . . . . . .     125

              Maps   . . . . . . . . . . . . . . . . . . . . . . . . . . .        163

              Bibliography    . . . . . . . . . . . . . . . . . . . . . . .       177

           Newburyport Harbor Commission                               June, 1989
           Management Plan

                                        INTRODUCTION

           Newburyport Harbor Commission                                  June, 1989
           Management Plan

                                          INTRODUCTION

                   Urban waterfronts are significant due in part to the role
              they have played in. history and to the diversity of land uses
              which tend to locate along the water's edge.      Waterfronts are a
              limited resource which continue to undergo increasing pressures
              for development and privatization.

                   The proper planning and management of the City's harbors and
              waterfronts are of utmost importance as Newburyport enters the
              next decade.

                   Newburyport's waterfront has been reshaped over the past few
              years from the transformation of industrial land into multifamily
              developments, and from major recreational improvements made to the
              central waterfront. There are major projects now in the planning
              process including a hotel, a civic center and other commercial
              and mixed use ventures to be located on or in close proximity to
              the waterfront.     A new municipal/commercial fishing facility
              which broke ground last fall at the east end of the downtown
              waterfront and several new/expanded marinas were recently reviewed
              by the Harbor Commission.

                   Recently, the City has adopted two waterfront zoning districts,
              one which mandates a percentage of marine dependent uses in a
              given development scenario and the other which encourages marine
              dependent and related uses on the central waterfront. The retention,
              expansion and future locationof water dependentuses onNewburyport's
              waterfront is a primary goal of the City.

                   The challenge in creating a Harbor Management Plan for
              Newburyport is to develop effective policies and implementation
              strategies to satisfy the competirg interests found in this
              diverse area.

                   Newburyport's Harbor Management Plan represents the first
              step in the City's efforts to design for the appropriate use and
              development of its harbor areas.     Many of the proposed policies
              and recommended actions contained within the Plan require financial
              appropriations, legislative enactments and the continuing cooperation
              of all municipal boards, commissions and citizens of the City. A
              listing of government agencies with regulatory and advisory
              authority are attached as Appendix 1.

             Newburyport Harbor Commission                                  June, 1989
             Management Plan

               MISSION STATEMENT: INITIATIVES AND ACCOMPLISHMENTS

                     The mission of the City of Newburyport's Harbor Commission is
               centered around four goals:

                     o Regulate the use of the harbor to:

                          o Protect    existing and     encourage future water
                            dependent/related Uses,
                          o Resolve conflicts between users,
                          o Provide for the safe, orderly and efficient: use of
                            the water and waterf ront f or passive and active
                            recreation and commercial activities.

                     o Maintain Newburyport's waterfront heritage by encouraging
                       water dependent/water related uses.

                     o Develop a systematic, local decision-making process for
                       waterfront development and activities utilizing the Harbor
                       Commission as the local clearinghouse.

                     o Work cooperatively with the towns of Amesbury and Salisbury,
                       and with state and federal agencies to implement the
                       recommendations of the Harbor Management Plan.

                     The Newburyport Harbor Commission was established in. June of
               1986 and in a relatively short time period, has realized an
               impressive list of achievements.           Major initiatives and
               accomplishments are as follows:

                     1.   Developed a comprehensive five year Harbor Management
                          Plan for the City of Newburyport.

                     2.   Developed and received Newburyport City Council approval
                          (March 1988) of a comprehensive set of rules, regulations
                          and fees for harbor USE! and control (Appendices 2. 3
                          and 4).

                     3.   Assisted and been an advocate for recent changes in
                          zoning along the Merrimack River to strengthen water
                          dependent and open space use of River frontage.

                     4.   Implemented a channel designation plan and fairway
                          system and improved aids to navigation in the Merrimack
                          River; also installed private navigational aids to
                          advise and enforce the no wake law.

                     5.   Assisted the Newburyport Harbormaster to begin to develop:

                           a. visibility of the Harbormaster patrols
                           b. a record system for moorings
                           c. a mooring grid system of the harbor.

                                                 2

           Newburyport Harbor Commission                                  June, 1989
           Management Plan

                   6.   Initiated action on and worked with the Newburyport Office
                        of Planning and Development to obtain:

                         a .grant funding for the municipal/commercial fishing
                            facility
                          b. grant funding to construct a public launching ramp
                          c. grant funding of the Harbor Management Plan, related
                            maps, charts and studies.

                   7.   Worked cooperatively witb federal, state and regional
                        agencies, the towns of Amesbury and Salisbury, and
                        local boards and other local irterests who have expressed
                        concerns about the Merrimack harbor area.

                   8.   Assisted several private individuals and industries in
                        obtaining information and assistance from various state
                        and federal agencies regarding water related issues.

                   9.   Reviewed and advised local, state and federal boards
                        and agencies regarding issues relating to the Merrimack
                        harbor.

                   10.  Advocated and accomplished the transfer of the central
                        waterfront floats from the Newburyport Redevelopment
                        Authority to the City.

                   There are several additional areas upon which the Harbor
             Commission has continued to focus its efforts.           Perhaps the
             single most dramatic and noticeable accomplishment to date has
             been the increase in public awareness as it relates to the protection
             of the City's harbor areas. and the tremendous amount of support
             from both City officials and the general public.

                                               3

           Newburyport Harbor Commission                              June. 1989
           Management Plan

                                  HISTORICAL PERSPECTIVE

          Newburyport Harbor Commission                                    June, 1989
          Management Plan

                                    HISTORICAL PERSPECTIVE

            OVERVIEW

                  The Merrimack River has always played a major role in the
            development of the City of Newburyport.     The River was the resource
            which initially attracted settlement of this area in the early
            16001s.    The "Old Port" of Newbury lent itself to boat building
            due to the sheltered harbor and its natural channels carved by
            the flow of the Merrimack River (Map 1). The River also offered
            rich fishing grounds abundant with salmon. sturgeon and bass.

                  Through the 17th and 18th centuries, the port grew in size
            and importance, first prominent in shipbuilding and later in
            commerce.

            Fishing

                  The Merrimack River abounded in large stocks of salmon, shad,
            sturgeon, and alewives which were used by the early colonists for
            food and commerce. Sturgeon fishing was an important industry in
            the 1600's and lasted for over 200 years.1 Although salmon were
            also extremely abundant, by the early 1700's, overfishing resulted
            in a decline of these fish.         Other fisheries included shad,
            alewife and herring which are still present today.

                  The fishing industry of the Merrimack River created a landscape
            reflective of its activities.        In 1642, the town of Salisbury
            granted two acres of upland area on Rings Island for a two year
            fishing operation. Fish staging      for drying fish was constructed
            on the marsh.      In 1644, a "fish house" was constructed       at the
            foot of Federal Street in Newburyport.           By the close    of the
            16001s. both salmon and sturgeon were becoming scarce and        by the
            late 1700's the General Court passed laws to protect these        fish.2

                  The fishing industry in Newburyport grew in importance     and by
            the 18301s. the offshore fishing fleet consisted of 140 vessels
            and 1000 to 1500 individuals. A large fish drying yard was built
            around 1840 which occupied the area between Marlboro and Madison
            Streets to Purchase Street.      By 1851 the industry was in decline
            and the fleet had dropped to 90 vessels employing 985 people and
            by 1910  only 200 individuals were employed in the industry.3

                  1  p. 38 Division of Marine Fisheries Monograph Series,
                     Number 1, June 1965.

                  2  Ibid.
                  3  p. 120 Planning & Development Small Harbor Areas 1977.

                                               4

               Newburyport Harbor Commission                                  June, 1989
               Management Plan

                      The construction of dams at the various mills in Lowell and
                 Lawrence contributed to the decline of anadromous fish populations.
                 Historically, anadromous fish thrived in the Merrimack River
                 Basin.  Indians traveling through or residing by the basin depended
                 or. the fish and wildlife resources of the area.       In the spring,
                 following long winter months, the return of Atlantic salmon and
                 American shad provided a time for feasting and celebrations.
                 These early settlers pursued the fish at such places as Pawtucket
                 Falls, and the Falls at Amoskeag, Hooksett and Penacook.

                      Following colonization of the River basin by the English in
                 the 1600's, and until the late 17001s, the anadromous fish species
                 continued to prosper.     However, during a relatively short time,
                 Atlantic salmon and many other species returning from the sea to
                 spawn, were effectively eliminated from the River.         Overfishing
                 helped to reduce the numbers of returning fish, while the construction
                 of impassable dams, which blocked migratory pathways, prevented
                 them from reaching important spawning grounds.          Likewise, the
                 industries which began to locate along the water dumped huge
                 volumes of waste into the River.

                      The record harvest of salmon during this period of rapid
                 development in the Merrimack River Valley, also helps to dramatically
                 document the decline of the salmon populations.          According to
                 several historical records kept by Charles Ramsey of Amesbury, it
                 was not uncommon for him to catch 60 to 100 salmon       a day in the
                 lower Merrimack during the late 18th century.        In 1805, a catch
                 of ten salmon per day was considered exceptional.          No catches
                 were recorded in the 1850     Is.   What nature had maintained for
                 perhaps thousands of years    had been destroyed by people in five
                 decades.

                      Efforts to reintroduce and restore a self sustaining salmon
                 population during the period of 1886 through 1896 met with initial
                 success.   Fish passage facilities were constructed at heretofore
                 impassable dams, juvenile salmon were released into the River by
                 the tens   of thousands, and many adult salmon returned to the
                 Merrimack to reproduce. However, this endeavor eventually failed
                 due to a number of factors including overfishing, water pollution,
                 ineffective fish passage facilities and construction of new dams.

                 Shipping and Shipbuilding

                      By 1660. shipbuilding became an established industry in
                 Newburyport.    Coffin's history of the area states that small
                 fishing and coasting shallops were first built on the Parker
                 River and that by 1652, shipbuilding was underway on the Salisbury
                 side.   Toward the close of the century, many ships were built
                 immediately upstream from the central waterfront. To accommodate
                 travel between Salisbury and Newburyport, a ferry landing was

                                                   5

         Newburyport Harbor Commission                                    June, 1989
         Management Plan

            built on the central waterfront in the late 16001s.4

                 During the 1700's, the demand for waterfront land increased.
            At this time. Water Street was laid out and new land grants were
            made.   Waterfront land outside the central area, which had not
            previously been granted for shipbuilding and wharves, was allotted
            to the proprietors5 (Map 2). This era also witnessed the growth
            of trade and an increase in demand for ships. From 1681 to 1714,
            approximately 130 vessels were built on the Merrimack.              The
            majority were sloops, ketches, and brigantines of 20 to 50 tons,
            designed for local or coastal seas.        By 1776, 72 vessels were
            under construction at one time along the waterfront.6           At the
            peak of this phase of the industry, ten shipyards were in use
            east of the central waterfront7 (Maps 2 & 3).

                 The shipbuilding industry declined for over 50 years following
            the American Revolution, but in the 1840's it was revived due to
            the onset of the Clipper Ship era, and Newburyport actively
            joined in the production of these ships.          Wider trade routes
            demanded swifter vessels and boatyards on the Merrimack rose to
            the demand for the Clipper Ships. During this time, most of the
            commercial enterprises on Water and State Streets were oriented
            to the boatbuilding trade. The last Clipper Ship constructed in
            Newburyport was a packet type, the Dreadnaught.          By 1901, the
            last Newburyport built schooner, the Adelaide Barbour, was launched.
            marking the end of one of the port's earliest industries.8

            Privateerin

                 In 1764, Newburyport was incorporated as the City of Newburyport.
            During the American Revolution, two of the first American naval
            vessels, the Hancock and the Boston, were built at Newburyport.
            Privateering became a lucrative business and Newburyport became
            its major home base.       Shipyards along the Merrimack were kept
            busy with the re-outfitting of commercial vessels for use as
            privateers. In 1790, the first United States Coast Guard vessel
            was launched in Newburyport.

            Commerce

                 Although the years following the American Revolution witnessed
            a decline in the shipbuilding industry, they also witnessed a

                 4  Archaeology: 100.
                 5  Currier 1902: 24.

                 6  Ibid.
                 7  Archaeology: 105.
                 8  Cheney 1964: 162.

                                               6

               Newburyport Harbor Commission                                   June, 1989
               Management Plan

                 boom in mercantile trade.

                       Contemporary accounts depict that there was insuf ficient
                 room on the wharves f or all of the shipping activities, and
                 vessels had to anchor and wait their turn.          During this time,
                 Newburyport was serving as the regional trade center to the more
                 rural inland communities.

                 Industrial Development

                       Newburyport I s waterf ront in the 1870 1 s was lined with a
                 series of stone and wooden wharves which extended onto the Merrimack
                 River and housed stores, warehouses and storage areas.

                       The advent of the Industrial Revolution witnessed the abandonment
                 of once active shipyards, many of which were sold to mill and
                 factory owners. Construction of the Newburyport City Railroad in
                 1872 had a dramatic and lasting ef fect on the physical landscape
                 of the Merrimack River banks and the function of Newburyport's
                 harbor.    For maximum accessibility to incoming vessels, the
                 railroad was laid out along the ends of the wharves and ran
                 parallel to Water Street.      Industrial wastes and other assorted
                 materials were used to fill in the numerous wharves.

                       By 1900, the wharves area was synonymous with the "wrong
                 side of town."9    Junk dealers, coal pockets, tenements,, saloons,
                 and dilapidated buildings constituted the area's new image. The
                 20th century witnessed a further decline of the waterfront as its
                 economic importance began to deteriorate.

                       In the 1960 1 s , urban renewal reached the Newburyport waterf ront.
                 With an increased demand for waterfront access, pedestrian walkways
                 were built along the River, parks were planned and implemented,
                 and a renewal of public recreational use came into being. It is
                 this latest demand of public access that has fueled a major
                 objective of the Harbor Management Plan.

                       9 Archaeology: 155.

         Newburyport Harbor Commission                               June, 1989
         Management Plan

                                   EXISTING CONDITIONS

           Newburyport Harbor Commission                                        June, 1989
           Management Plan

                                        EXISTING CONDITIONS

              PHYSICAL SETTING

                   The Merrimack River forms the northern corporate boundary of
              the City of Newburyport comprising approximately 7.5 miles of
              direct river frontage.      Newburyport and Salisbury share a common
              harbor located near the mouth of the Merrimack River, the largest
              River in eastern Massachusetts . This area represents the northernmost
              portion of the Massachusetts shoreline.

                   The Newburyport harbor is set in a nearly landlocked estuary.
              Longshore currents have built up huge sand bars along Plum Island
              and Salisbury Beach, which protect the harbor. The estuary has a
              shallow depth of less than ten feet during mean low water and the
              River is characterized by a swift current (in excess of 3 knots
              on an ebb tide) and a high flushing rate (56%) .              The channel
              through the bar is narrow and quite shallow with several navigational
              hazards (Map 4).

                   The shallow depth of the River when combined with its high
              average tidal range, results in a dramatic change in the water
              surface during tidal cycles. At mean high water the water surface
              is approximately 3,900 acres         and at mean low water the water
              surface is 2,100 acres.        This  difference results in an exposed
              intertidal zone of 1,847 acres or 47% of the total estuarine area.10

              Navigation

                   The mouth of the Merrimack is formed by two nearly parallel
              jetties extending nearly due east.            The channel between the
              jetties is narrow and subject to both shifting and shoaling.
              During a northeasterly blow with high seas, the water can and
              does break over the north jetty. A dangerous situation is created
              when an easterly wind is combined with an outgoing tide near its
              ebb.   Under such circumstances, there can be breaking waves over
              the shoal, the inner bar and in the main navigation channel.
              Most boaters usually avoid the outer part of the main channel,
              and instead, follow a course close by the north JJo-'.-.ty.         in all
              seasons, the north jetty is nearly submerged at very high tide
              and the lack of a light or even a radar reflector at the jetty
              end can make it dif f icult to find in conditions of reduced visibility.

                   10    1981. Massachusetts Department of Environmental Quality
                         Engineering and Merrimack Valley Planning Commission.
                         Sanitary Survey of Merrimack River Estuary and its
                         Tributaries.

                                                   8

              Newburyport Harbor Commission                                June, 1989
              Management Plan

                     The United States (U.S.) Army Corps of Engineers periodically
                performs maintenance dredging of the mouth of the River but it
                still continues to experience shoaling. The shoaling may take as
                long as three or four years or may occur soon after dredging
                during a major storm or strong spring tide.

                The Federal Channel

                     The mouth of the Merrimack River consists primarily of wide
                expanses of very shallow intertidal flats and salt marshes with
                only a very narrow natural channel..

                     The present designated channel location is shown on the U.S.
                Army Corps of Engineers Map 4.      The channel is twelve feet in
                depth at the bar and nine feet within the harbor itself.         The
                channel width is 200 feet.     The channel is subject to shifting
                and shoaling and as a result, the effective width of the channel
                is less than the designation.   Additionally, over the Years, the
                navigable channel has changed its course and does not follow the
                designated channel in many areas.

                Tidal Range and Winds

                     The Merrimack River has a tidal range of approximately eight
                feet and currents can be as high as three knots on the flood tide
                and in excess of three knots on the ebb.     The ground tackle for
                fixed moorings must be very heavy due to the tidal range and the
                currents.

                     Predominant winds are from the northwest except during the
                summer when they arrive from the southwest.         Wind speeds in
                excess of 15 knots occur 36% of -the time.    The ten year extreme
                wind is estimated at 70 mph and -the 100 year extreme wind at 95
                mph.   A northeasterly storm coupled with an outgoing tide near
                its ebb can cause conditions at the shallow mouth of the River
                that make it impassable.

                Flood Plains and Floodways

                     The entire shoreline of Newburyport is located within the
                Flood Hazard Zone as defined by the Federal Emergency Management
                Act and is subject to flooding during coastal storms.      The area
                whicli stretches from the U.S. Route 1 Bridge out past Plum Island
                to the Atlantic ocean is subject to velocity wave action.        The
                base flood elevation ranges from elevation 9 immediately adjacent
                to the shoreline to elevation 14 Just northwest of Plum Island in
                ,the Merrimack River.

                Ice

                     During the winter months and early spring, flow ice and
                sheet ice pose problems.      Ice f loes of several tons are not
                uncommon on the River and have caused extensive damage to boats

                                                 9

          Newburyport Harbor Commission                                  June, 1989
          Management Plan

             and fixed structures on the waterfront.     The ice flows downriver
             on the outgoing tide as well as upriver on the incoming tide.
             This upriver ice movement can arise either by upriver floes
             getting trapped in the eddies near the harbor mouth and then
             moving upriver again on tide reversal, or by sheet ice from the
             extensive tidal marshes.

             COASTAL RESOURCES

             Shoreline Characteristics

                  The shoreline of Newburyport changes dramatically throughout
             its length.    Beginning at the Atlantic ocean the shoreline is
             characterized by Plum Island, a barrier land mass which contains
             extensive areas of sand dunes and beach grass.        The Island is
             forked at its northern boundary with "The Basin" separating its
             two points.  The Island is separated from the mainland by extensive
             marsh and tidal flats and the Plum Island River with a series of
             small islands -in between (Map 5). The Donald Wilkinson Drawbridge,
             located on the Plum Island Turnpike, connects the Island with the
             mainland.

                  The area between Plum Island Point and the beginning of the
             federal turning basin near the American Yacht Club is known as
             Joppa Flats.   This is the   largest and most productive shellfish
             area in the harbor.      The water Is edge in this area is fairly
             natural with the exception   of the portion along Water Street.

                  The developed portion of the waterfront begins just west of
             the Yacht Club where the water's edge begins to exhibit structural
             alterations including bulkheads, piers, boat ramps and fill
             areas. This relatively densely developed urban edge of the River
             extends from the Yacht Club to just west of the Gillis Bridge
             (connecting Newburyport to Salisbury).       This area contains the
             downtown waterfront with various institutional, recreational and
             commercial land uses.

                  Traveling west from the River's Edge condominium complex to
             the Chain Bridge (connecting Newburyport to Amesbury), development
             along the water's edge becomes less dense although it is still
             characterized by structural alterations.        This portion of the
             water's edge is dotted with scattered marinas, riprap slopes, and
             old wooden bulkheads. A boat launching ramp and pier are located
             at Cashman Park. The presence of salt marsh areas begin to occur
             just west of Cashman Park and remnants of old wooden crib bulkheads
             and piers dot the shore.    Beyond Jefferson Court (Yankee Marine)
             heading west, the shoreline is principally in its natural state.
             Four of the River's islands are located along this segment and
             waterfowl is abundant.

                  From the Chain Bridge beyond 1-95 to West Newbury, the area
             contains very large single family development lots and the 400+

                                              10

              Newburyport Harbor Commission                                  June, 1989
              Management Plan

                acre Maudsley State Park.     The shoreline in this segment of the
                waterfront is predominantly in its natural state.

                Beaches

                     There are sandy beaches on both sides of the Merrimack River
                near its mouth which are used for strolling, sunbathing and
                surfcasting.

                Fisheries

                     A study conducted by the Massachusetts Division of Marine
                Fisheries in 1964 and reported on in 1965, identified seventeen
                species of finfish including the blueback herring, alewife,
                American smelt, American eel, carp, spottail shiner, brown bullhead,
                mummichog, squirrel hake, threespine stickleback, ninespine
                stickleback, northern pipefish, white perch, bluegill, American
                sand lance (sand eels), Atlantic silverside and the winter f lounder.
                The prime fishing season extends from June through November.

                     The most abundant species collected in the 1964 testing was
                the sand lance.     A limited number of freshwater species was
                collected and large populations of forage or bait species were
                collected.    The most important forage species include the sand
                eel, alewife, blueback and mummichog. These fish attract predacious
                commercial and sport finfish such as striped bass, mackerel,
                pollock and cod which visit the River to feed.          In the early
                19701s, bluefish began to appear in the River.

                Tidal Flats

                     The Merrimack River tidal flats are some of the richest
                shellfish producing areas in the Commonwealth. However, the clam
                flats on both sides of the River are closed due to pollution
                problems.    The State's Department of Environmental Management,
                Division of Marine Fisheries, operates the Shellfish Purification
                Plant which is located on Plum Island.

                     There  are about 220 acres of clam flats on the Salisbury
                side and about 530 acres on the Newburyport side of the Merrimack
                River.   All of Newburyport's productive flat areas are located
                east of the developed waterfront.

                     There are three major flat areas in Newburyport separated by
                Woodbridge Island and the Plum Island River (Maps 6 & 7).          The
                Joppa and Port Arthur Flats comprise approximately 59% of the
                total flat areas.     The Flat Grounds, Northeast Sands, Humpsand
                Mussel Bed, and the Humpsands, all lie north of Woodbridge Island
                and west of the Plum Island River.     These flats comprise 23% of
                the total flat areas.      The Basin. Old Point Flat. Old Point
                Mussel Bed, Ball's Flat and the Sound comprise the remaining 18%

                                                 11

           Newburyport Harbor Commission                                 June, 1989
           Management Plan

             of the Newburyport flats.11

                   Species other than clams which are associated in the flats
             include the duck clam, blue mussel, clam worm and bloodworm. The
             worms are dug and sold locally for bait. They are used for smelt
             in the winter months and striped bass and flounder in the spring
             and summer.12

             Pollution of the Flats

                   Pollution has had a devastating effect on the soft clam
             production in Newburyport. The study prepared by the Commonwealth's
             Division of Marine Fisheries states that in 1964, the total
             bushels treated at the Purification Plant were 1,470 as compared
             to 100,000 bushels harvested annually at the turn of the century.13

                   Approximately 82% of all of the flats in the Merrimack
             Harbor are currently classed as grossly contaminated and all
             harvesting is prohibited. Clam flats are classified as approved.
             restricted, or prohibited, depending upon bacteria levels found
             in testing. Traditionally, the State's Department of Environmental
             Quality Engineering was responsible for the classification of the
             flats and the Division of Marine Fisheries was responsible for
             approving clams for sale after harvest. Due to recent efforts to
             streamline regulation of the shellfish industry, the Division of
             Marine Fisheries assumed the responsibility for also classifying
             clam flats on the North Shore, beginning in 1988.

                   In those areas where the taking of shellfish is allowed,
             they must be treated at the Shellfish Purification Plant on Plum
             Island.

                   In 1981. the State's Department of Environmental Quality
             Engineering and the Merrimack Valley Planning Commission conducted
             a sanitary survey of the Merrimack River.       The study evaluated
             the lower three miles of the 6.7 mile Merrimack River estuary
             extending from the Gillis Bridge to the mouth of the Merrimack
             River.

                   The survey revealed that domestic and industrial pollution
             of the River during the first decades of the century resulted in
             the closure of the flats in     1925.   Since that time. the flats
             have only been intermittently   opened. Appendix 5 illustrates the
             annual yields from 1950 to      1980.   The survey also identified
             thirty six potential and nine definite sources of pollution. Of

                   11 p. 67 Division of Marine Fisheries Monograph Series,
                   June 1965.
                   12 p. 75 Ibid.
                   13 p. 73 Ibid.

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             Newburyport Harbor Commission                                 June, 1989
             Management Plan

               the nine def inite sources, most were located along Merrimac and
               Water Streets in Newburyport and Route 1 in Salisbury (Map 8).

                    Appendix 6 lists the def inite and potential sources of
               pollution as outlined by the 1964-65 study conducted by the
               Massachusetts Division of Marine Fisheries.

                    The economic losses due to the pollution of the tidal f lats
               are substantial.     The 1981 sanitary survey calculated -that the
               combined area of the six f lats examined (Plum Island Sound,
               Salisbury Flat, Northeast Sands, Ball's Flat sections 3. and 2.
               and Old Point Flat) equalled 285 acres containing 40,000 bushels
               of legal sized clams, which when extrapolated over all the flats
               in the estuary, would produce a yield in excess of 122,400 bushels.
               In 1981, this equated to a market value of 3.7 million dollars.
               The Joppa and Port Arthur Flats which are more expansive than the
               others, were not surveyed.

                    More recently, testings by the Commonwealth's Department of
               Environmental Quality Engineering; have indicated a decrease in
               levels of contamination.    However,, until more dramatic measures
               are taken to abate the pollution of the flats, the economic
               benefit of this resource will not be realized.

               Waterfowl

                    The Merrimack River estuary is heavily utilized by waterfowl
               of all species. There are about 7,000 to 8,000 ducks present at
               the peak periods in fall and early winter which feed on seed
               clams.

               Flora

                    The Merrimack River contains a variety of plant life.        The
               Division of Marine Fisheries Monograph in 1964-65 catalogued six
               species of green algae, two red algae, six brown algae and twelve
               species of vascular plants (Appendix 7).

                    The primary importance of plant life in the Merrimack River
               is its contribution to the food chain.     Fish and shellfish alike
               feed on the algae and decayed plant bodies. Additionally, plants
               also provide shelter and protection for the fish and function as
               nurseries for many species.

                    The species which is of the most importance in terms of
               constraining development of the waterfront is the vascular plant,
               salt water cord grass (spartina alterniflora) . Within the corporate
               limits, there is a vast supply of this cord grass most notably
               east of the Chain Bridge and east of the American Yacht Club.

                    There are thousands of acres of spartina alterniflora within
               the Merrimack and Parker River estuarine systems.

                                                13

           Newburyport Harbor Commission                                  June, 1989
           Management Plan

             Islands

                   The Merrimack River harbor area contains seven islands, most
             of which are located just outside City limits. Two of the larger
             islands are owned by the Massachusetts Department of Environmental
             Management.    There are no public facilities on these state owned
             islands. and as a result, they experience minimal use.              The
             remaining five islands are all privately owned.        Of these five,
             only two are actually located within the City's corporate limits.

                   Both Woodbridge Island and Chaces Island offer some of the
             finest waterfowl hunting due to their proximity to the Parker
             River National Wildlife Refuge.

             Streams and Rivers

                   The Merrimack River is fed by various streams and rivers
             throughout its length. In the City of Newburyport, the Artichoke
             River is the only major body of water which flows into the Merrimack.

             Anadromous/Catadromous Fish Runs

                   The Merrimack River is home to a number of anadromous fish
             species including Atlantic salmon, American shad, blueback herring,
             alewife, rainbow smelt and the sea lamprey.

                   Anadromous fish restoration efforts commenced in 1969 when
             the state fishery agencies of Massachusetts and New Hampshire,
             the United States Fish and Wildlife Service and the National
             Marine Fisheries Service mutually agreed to support an anadromous
             fisheries restoration and management program.      The objectives of
             that agreement were two-fold: "to strive for the realization of
             the full potential of the anadromous and resident fishery resources
             of the River in order to provide the public with high quality
             sport fishing opportunities and, to assist in providing for the
             long term needs of the human population for food through development
             and management of the commercial fishery resources."       The United
             States Forest Service formally joined the effort in 1982.

                   Today, the Merrimack River provides spawning and nursery
             habitat for a number of anadromous fish separates including:
             alewife, American shad, Atlantic salmon, Atlantic sturgeon,
             blueback herring, rainbow smelt. sea lamprey and white perch.
             Although two other anadromous species, shortnose sturgeon (endangered
             species) and stripe bass are found in the Merrimack, evidence of
             their spawning has not been documented. American eels, a catadromous
             species, are quite abundant in the Merrimack Basin and have been
             commercially fished in recent years.

                   Although the restoration program is progressing quite well.
             it will be a number of years before the goal of full restoration
             is achieved. Fish passage facilities recently constructed by the
             dam owners at the Essex Dam in Lawrence, and the Pawtucket Dam in

                                               14

             Newburyport Harbor Commission                                  June, 1989
             Management Plan

               Lowell. now allow fish access to spawning areas up to the base of
               the Amoskeag Dam in Manchester, New Hampshire.      In the spring of
               1988, a fish passage facility was completed at Amoskeag and is
               now fully operational.     All other mainstem dams and the dams on
               many tributaries are included in a fish passage plan that will
               lead to full utilization of available spawning habitats.

                     The annual anadromous fish runs in the Merrimack River occur
               primarily during the period from mid March to the end of June.
               As a result, activities which generate excessive turbidit- should
               be scheduled so as not to coincide with these fish runs.

               Historically Filled Tidelands

                     Not surprisingly, the City of Newburyport like many older
               urban seaports on the east coast, has a good number of historically
               filled tideland areas. To accommodate the construction of wharves
               for shipping and shipbuilding activities, filling and construction
               of various wooden crib bulkheads occurred.       As discussed in the
               Historical Perspective section of this Plan, most of the major
               filling efforts occurred during the construction of the railroad
               spur on the waterfront.

                     The presence of filled tidelands is important with regard to
               the Massachusetts General Laws Chapter 91 Waterways Licensing
               Statute. Chapter 91,  administered by the Department of Environmental
               Quality Engineering,  Division of Waterways. is the oldest waterways
               licensing statute in  the nation and was passed by the Massachusetts
               legislature in 1866   as a tool for managing coastal development.
               This law protects, among other things, the publics' "common"
               rights in tidelands.    Tidelands are defined as those lands found
               seaward of the high tide line, including those which        have been
               previously filled. They include land between high and low water
               known as private tidelands and the land seaward of the      low water
               line known as Commonwealth tidelands. The Commonwealth      tidelands
               are public property which are held in "trust" by the        state for
               the use ar-d benefit of all citizens.

                     In administering these regulations. the state places a high
               emphasis on the provision of public access and favors the development
               of water dependent versus non-water dependent uses on the tidelands.

                                                 15

          Newburyport Harbor Commission                               June, 1989
          Management Plan

    I

                                        HARBOR USES

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

                                        HARBOR USES

            EXISTING ZONING

                 The zoning along the Merrimack River includes almost every
            designation in the City of Newburyport (Map 9).     The west end of
            the waterfront to the 1-95 Bridge and including Moseley Pines
            east of 1-95 is zoned Agr icul tural /Conservation (Ag/Con).       In
            addition, the land waterward of the Plum Island Turnpike including
            Woodbridge Island, Seal Island, the tidal flats, the marsh areas
            along the Island and the extreme easterly side of Plum Island are
            also zoned Agricultural/Conservation. The purpose of this zoning
            district is to preserve agricultural land and to encourage low
            density residential development in areas lacking infrastructure.

                 A single family residential district (R-1) extends from the
            Chain Bridge to Jefferson Court (Yankee Marine) on Merrimac
            Street. Single family uses on half acre lots are allowed in this
            district.

                 Surprisingly, a multifamily residential zone (R-3) is found
            on Plum Island. This zoning allows single and two family residences
            by right and multifamily structures by special permit.

                 Two areas of "pocket industrial" zoning districts (1-2) are
            located on Merrimac Street.       The area which includes Gould
            Manufacturing and its associated parking across the street comprises
            one of the districts and the area which includes the Towle
            Manufacturing Complex is another. The purpose of these districts
            was to legalize and encourage the retention of existing industrial
            developments.   The re-use of these areas to non-industrial uses
            is presently prohibited without a use variance.

                 Prior to the adoption of the two new Waterfront Zoning
            districts in late March of 1988, the downtown business district
            (B-2) comprised an extensive area of the waterfront extending
            easterly from the seawall at the corner of Marlboro and Water
            Streets westerly to the Merri-Mar Yacht Basin (excluding Towle)
            at the corner of Ashland and Merrimac Streets.          This zoning
            district allows a multitude of uses ranging from retail stores
            with 100% lot coverage to multi-family residences by special
            permit.

                 The new waterfront zoning consists of two districts:         W-1
            Marine Dependent and W-2 Mixed Use. The Marine Dependent zone is
            found in two areas, one which extends from Jefferson Court (Yankee
            Marine) to the U.S. Route One Bridge (excluding Gould and Towle
            Manufacturing), and one which extends from the easterly boundary
            of Bailey's wharf property to the seawall on Water Street.        The
            Mixed Use District contains that area bounded by Merrimac Street
            to the south, the Gillis Bridge to the west and the U.S. Coast
            Guard Station to the east.

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               Newburyport Harbor Commission                                   June. 1989
               Management Plan

                      The marine dependent zone was created to preserve existing
                 and encourage new marine dependent establishments along the
                 waterfront.     Only a certain percentage of non-marine dependent
                 uses can be developed in this district.         In addition. special
                 consideration is -given to a developer who dedicates land for
                 public access.

                      The mixed use district recognizes the function of this area
                 as the downtown waterfront, and also encourages the location of
                 water dependent uses.

                      The City of Newburyport Planning Board adopted site plan
                 review criteria which govern the placement of structures on the
                 lot in an attempt to protect and encourage views.

                 LAND USES

                      Land  uses along Newburyport's waterfront change dramatically
                 as one travels from the mouth of the River to the Newburyport/
                 West Newbury corporate boundary (Map 10).       For purposes of this
                 section, the Newburyport waterfront will be divided into various
                 use areas.

                 Plum Island

                      Plum Island in Newburyport is characterized by single, two
                 and multifamily residential housing which has undergone substantial
                 improvements and conversions to year-round housing over the past
                 few years.  Small commercial enterprises are also found in scattered
                 locations on the Island, as is a popular fishing/passenger boat
                 facility, which is located on the northern tip of the Island.
                 Plum Island is    not serviced by either public water or sewer,
                 which compounds the problems inherent to the environmentally
                 fragile barrier beach.

                      The State's Department of Marine Fisheries, Shellfish
                 Purification Plant is located on Plum Island and provides for the
                 processing of soft shelled clams which are dug for human consumption.
                 The Headquarters for the Parker River National Wildlife Refuge is
                 presently located on the northern tip of Plum Island.          However,
                 plans for the relocation of this facility to the Plum Island
                 Turnpike are in the process of being developed.

                      An abandoned U.S. Coast Guard Station which is used by the
                 Coast Guard Auxiliary is also located on the northern tip of the
                 Island. The State's Department of Environmental Management has a
                 sublease with the City of Newburyport to manage and utilize the
                 old Coast Guard parking lot located on the northern tip of the
                 Island. The parking lot provides access to the State owned beach
                 area found on the northeastern portion of the Island.

                                                   17

         Newburyport Harbor Commission                                   June, 1989
         Management Plan

            South End

                 From the Plum Island Turnpike to Hale Park on Water Street,
            the land use continues as predominantly residential.        This area
            is rather densely developed with only small amounts of land area
            located between Water Street and the Merrimack River.          A good
            deal of salt marsh is located in this vicinity.

            Central Waterfront

                 From the intersection of the old B&M railroad right of way
            near the bottom of Marlboro and Water Streets to just before the
            Gillis Bridge, the waterfront becomes increasingly urban in
            nature.   The majority of the land uses in this area are either
            marine dependent or related. Land uses include the Sewage Treatment
            Plant, American Yacht Club, scattered residential structures, the
            Massachusetts Electric substation, the U.S. Coast Guard Station,
            Tri-Coastal Fishing Co-op, Atkinson Lumber and Fuel, the Waterfront
            Park and Promenade, seafood restaurants, private marinas, boatyards
            and passenger boat areas.

            Mixed Use/Marine Duendent Waterfront

                 This area extends from the Gillis Bridge to Jefferson Court
            (Yankee Marine) , just south of the Jeff erson/Merrimac Street
            intersection.   This area is characterized by a mixture of marine
            dependent or related and non-marine dependent land uses.          Land
            uses starting from the Bridge include the River's Edge condominium
            complex with its associated small marina, scattered multifamily
            dwellings along Merrimac Street, the 12 acre Cashman Park, various
            commercial enterprises including Leary's Liquor Store, Effie's
            Restaurant, Towle Manufacturing Complex, the North End Boat Club,
            single and two family residences, City Boat Works, Webster's
            Complex including a marina, retail and dairy, Merri-Mar Yacht
            Basin, Gould Manufacturing and Yankee Marine.

            Morth End

                 Area One

                 The North End Area 1 extends from Jefferson Court (Yankee
            Marine) to the Chain Bridge.       This area is almost exclusively
            residential with one pocket of industrial use on Merrimac Street
            (Geonautics). The majority of the residences are single family.

                 Area Two

                 From the Chain Bridge to the West Newbury/Newburyport corporate
            boundary, the area consists of very large single family residence
            lots and vast amounts of public       open space.    The City owned
            Moseley Pines Park is located just    north of the Chain Bridge and
            the state owned Maudsley Estate is     located north of Route 1-95.
            other land uses include the City water treatment facility and

                                             18

               Newburyport Harbor Commission                                   June, 1989
               Management Plan

                 extensive land holdings of the City's Water Commission.

                 Bridges

                       Four bridges cross the Merrimack River. The Gillis Drawbridge
                 spans the River to Salisbury, Massachusetts.        It has an opening
                 of 80 feet over the River channel and a clear height of 35 feet
                 above mean high water.    The bridge! is manually operated.    Adjacent
                 to this vehicular bridge is an old railroad bridge owned by the
                 Massachusetts Bay Transportation Authority (MBTA).         This bridge
                 was constructed in 1882 and has been unused since the early
                 19601s.   The MBTA repaired the existing bridge, foundations, and
                 fender system. The work involved the removal of existing track,
                 ties, and piles, driving of new piles and re-grouting of granite
                 piers. The repairs were made due to safety reasons and. the fact
                 that the MBTA plans to re-institiate commuter rail to Newburyport
                 and may someday expand the service to New Hampshire.

                       A second vehicular bridge, the Chain Bridge, was constructed
                 in 1810 which provides access to Amesbury from Newburyport.          The
                 third vehicular bridge spanning the Merrimack in NewblLLryport is
                 the Interstate Route 1-95 Bridge.

                 Utilities

                       Sewer

                       Neither Plum Island nor the area west of 1-95 are serviced
                 by municipal sewer. Both Merrimac and Water Streets are serviced
                 by sewer but most of the smaller streets extending from Merrimac
                 Street to the L%,iver do not have public sewer because they slope
                 down to the River.

                       Water

                       Plum Island is not serviced by a public water supply.         Both
                 Ferry Road and Spring Lane in the West End are serviced by public
                 water as are Merrimac and Water Streets. All of the small streets
                 which extend from Merrimac Street to the River are also serviced
                 by municipal water although the lines are only          six inches in
                 diameter.   The road between Cashman Park and Towle       Manufacturing
                 has a six inch line which "dead-ends." The Newburyport Redevelopment
                 Authority central waterfront does not have an adequate water line
                 to service any new construction on the site.             The proposed
                 municipal/commercial fishing facility may incorporate a new
                 twelve inch water line for the entire length of its site to
                 assist the City in looping the line through Market Landing Park
                 to Merrimac and Fair Streets off Water Street.        This connection
                 would provide a by-pass to the existing six inch main which
                 services the Market Square area.

                                                   19

         Newburyport Harbor Commission                                June, 1989
         Management Plan

            Public Parking

                 Presently, two public parking areas are located on the
            waterfront. The first parking lot is located on the northern tip
            of Plum Island. This lot is used primarily in the summer season
            by beach visitors. The facility is operated by the City under a
            lease agreement with the Massachusetts Department of Environmental
            Management.

                 A second public parking area is located on land owned by the
            Newburyport Redevelopment Authority on the central waterfront.
            Presently, both sides of Market Landing Park are used for public
            parking. The Newburyport Redevelopment Authority recently selected
            a developer for one side of the central waterfront area and the
            final design is being developed and is under review at this time.

            WATER USES

                 Similar to land uses, water uses change significantly from
            the mouth of the Merrimack River to the West Newbury /Newbu ryp ort
            corporate boundary.   The Merrimack River contains a substantial
            number of structures located below mean high water including
            slips, piers, and moorings, public and private docks, and jetties
            and bulkheads.    The general location of these structures in
            relation to the   federal channel and coastal resource area is
            shown on Map 11.

                 The U.S. Army Corps of Engineers maintains the federal
            navigation channel, which is 200 feet wide in the River and
            increasing to 400 feet in the outer channel at the mouth of the
            River. The channel has a dredged depth of nine feet in the River
            and twelve feet in the outer channel. The channel was dredged in
            1987 and will probably need to be dredged again in three or four
            years due to anticipated sedimentation and shoaling. Disposal of
            the dredged material has historically occurred near shore off of
            Plum Island.

            Recreational Boating

                 The Channel

                 The Newburyport Harbor is viewed by the U.S. Army Corps of
            Engineers as a recreational harbor and in principle, the maintained
            channel depth is only nine feet.

                 The physical characteristics of the federal channel in the
            Merrimack River constrain the size of vessels which can navigate
            the area. The conditions at the mouth "remain the major physical
            constraint of the harbor, and barring a major capital dredging
            project coupled with significant jetty modifications, the largest
            vessels that can be serviced here are 65 foot draggers drawing up

                                            20

               Newburyport Harbor Commission                                   June, 1989
               Management Plan

                 to 11 feet fully loaded.,,14

                       Newburyport's Vessels

                       Commercial fishing vessels which operate on a regular basis
                 out of the Merrimack River are all under 50 feet in length and
                 draw a maximum of 6 feet.    However, vessels up to 70 feet in length
                 drawing up to 11 feet, have operated out of Newburyport in the
                 recent past. Vessels of this length and draft continue to utilize
                 boatyards on the River for repairs, maintenance and yearly haul
                 out.

                       Private Marinas and Boat Clubs

                       Presently, there are eight private marinas located along the
                 Merrimack River in Newburyport.     From west to east these include
                 Yankee Marine, Merri-Mar Yacht Basin, 3R Marina, City Boat Works,
                 River's Edge, Michael's Harborside, Windward Yacht Yard, and
                 Hilton's.    There are two private boat clubs, the North End Boat
                 Club off Merrimac Street and the American Yacht Club off Water
                 Street.   Most of the existing marinas are servicing larger sized
                 boats (25 feet and over).

                       Nearly all of the private marinas would like to expand their
                 operations.   Newburyport Harbor has a 540 boat capacity at various
                 commercial slips.

                       There are limited marina opportunities for the smaller
                 classed boats.    At present. 3R Marina primarily services smaller
                 sized boats (under 25 feet).   The design and layout of the existing
                 facility precludes the servicing of larger boats.            The City
                 should encourage private marina owners to plan for some docking
                 areas and related upland facilities for these types of boaters.

                       o Yankee Marine

                       Yankee Marine is the westernmost marina on the Merrimack
                 River in Newburyport. The marina is full service and consists of
                 a floating dock, a launch facilit,
                                                    .7 and a travel lift. Electricity,
                 water and lighting are provided to the floats and are included in
                 slip rental fees.    Winter storage is provided.      The basin has a
                 depth of 8 to 25 feet and presently berths 68 power boats and 25
                 sailboats.    The marina does not have any expansion plans but is
                 in need of maintenance dredging.

                       0 Merri-Mar Yacht Basin

                       Merri-Mar Yacht Basin is a full service marina.        The basin
                 has a depth of 12 feet at low water and presently berths 68 power

                       14   p. 21 Massachusetts Department of Community Affairs
                            Planning and Developing Small Harbor Areas.

                                                   2 1

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

             boats and 25 sailboats.     The marina consists of floating docks
             and a travel lift.   Electricity, water and lighting are provided
             to the floats and are included in slip rental fees.            Winter
             storage is provided.   This marina has maintenance dredging needs
             and tentative plans for future expansion.      The expansion would
             involve dredging an old embayment area approximately 200 feet by
             210 f eet to a depth of nine feet.     The marina presently has a
             waiting list of between 12 to 24 boats.

                  o 3R Marina

                  3R Marina services the smaller classed boats in the Merrimack
             generally under 25 feet.     There is a bait and tackle shop and
             snack bar at the marina. The facility consists of a 35 foot wide
             launch ramp and floats providing berthing for 75 slips and moorings.
             Limited electricity is available but there is no lighting on the
             docks.

                  o City Boat Works & Marina

                  City Boat Works is a full service marina with the exception
             of fuel, and has on its premises, a payphone and shower facilities.
             The marina consists of a float system which extends 280 feet
             beyond mean high water and there is a deep water ramp with a
             hydraulic trailer which can haul power boats up to 50 feet and
             sailboats up to 40 feet in length. Power and water are available
             on the floats.    The facility has about 100 slip spaces and 25
             moorings. The winter storage capacity is 150 vessels of any mix
             of power and sail.   A waiting list of 25 vessels is maintained.
             The depth of the basin ranges from 4 to 14 feet.     No dredging is
             planned at present.     There are, however, plans to connect two
             facilities with the construction of a bulkhead as well as plans
             for the expansion of the number of slips through a reconfiguration
             of the slip system.

                  o River's Edge Marina

                  This facility is adjacent to a residential condominium
             complex and consists of floating docks for 64 boats, primarily
             power.

                  o Tournament Wharf (Michael's Harborside)

                  This facility has a wet storage capacity of 25 boats on
             floating docks.   One boat per slip is provided.    Water '  lighting
             and electricity are provided at the docks.     There are no launch
             facilities and parking is provided at the Windward Yacht Yard.
             There are no plans for expansion and a waiting list of approximately
             twelve is maintained. The bulkhead of this facility is in drastic
             need of repair and/or replacement.

                                              22

              Newburyport Harbor Commission                                  June, 1989
              Management Plan

                      o Windward Yacht Yard

                      Windward Yacht Yard services five power boats and six sailboats
                on floating docks. Water, power and lighting are provided at the
                docks. The facility has a 25 ton hoist which can handle boats up
                to 90 feet in length.      The marina is presently seeking permits
                from the state and federal governments to expand the wharf and
                remove old railways.

                      o Hilton Strout Fishing and Boating Center, Inc.

                      This facility provides slip space for 24 vessels    in a 3 foot
                deep basin.     The facility provides electricity and water with
                slip rental and sells both diesel. and gasoline fuels.       There is
                lighting at the facility.     A 75 ton hoist is used and can haul
                boats up to 100 f eet in length.        There is a waiting, list of
                approximately 10 boats.     This facility has a problem with silt
                build-up since the Gillis Bridge was constructed.          Maintenance
                dredging needs to occur in the near future.

                      o North End Boat Club

                      The North End Boat Club is a private boat club whic.h provides
                floating docks and a 14 foot wide ramp which can handle a 40 foot
                long boat. Approximately 38 vessels are berthed on the floats in
                a basin which is approximately 4 1/2 feet deep at mean low tide.
                Electrical service and lighting are provided at the docks. There
                is a clubhouse which has -a payphone and a bar.       The club would
                like to add a third line of floats sometime in the future.         The
                floats are designed to accommodate two boats per slip.

                      o American Yacht Club

                      This is a private boat club which caters to sailboats.         A
                fifteen foot wide boat launch ramp is used for smaller boats up to
                twenty five feet in length.     There are also six docks -which are
                anchored by piles.     There is a public telephone, and restrooms
                and moorings are available for guests.      The existing bulkhead is
                in need of repair and/or replacement in the very near future.

                      Marine Services

                      In the past, Newburyport's various marinas had full marine
                service facilities with full time employees of the marinas performing
                the various engine, painting and mechanical type of work. Today,
                due to the high costs of running a marina, there is not a large
                marine service operation on the River in Newburyport.           Yankee
                Marine, Merri-Mar, City Boat Works, Windward Yacht Yard and
                Hilton's all provide limited marine services. Yankee Marine has
                a 50 ton hoist, Merri-Mar a 35 ton hoist and hydraulic crane,
                City Boat Works has a crane and hydraulic lift, Windward Yacht
                Yard has a 25 ton hoist and hydraulic crane and Hilton's has a 75
                ton hoist. Most marine services can be obtained at all of these

                                                  23

          Newburyport Harbor Commission                                  June, 1989
          Management Plan

             facilities. Large jobs such as a big engine overhaul, or complicated
             radar/loran installatiors usually require a specialist.

                  Fueling

                  Presently, there are fueling facilities in the City of
             Newburyport.   The American Yacht Club has gasoline which is used
             primarily for club business, although it does sell to the public
             on occasion.   A second facility is at Hilton's dock which caters
             to commercial (passenger and fishing) boats and larger vessels
             and sells diesel and gasoline.      Lastly, Yankee Marine provides
             gas and diesel for marine use.

                  Marine Supply

                  The City of Newburyport offers a good range of marine supply
             facilities.   The two major marine supply facilities are Hudson's
             and Rowe Marine located on the central waterfront. Both of these
             facilities offer' a full array of supplies ranging from charts to
             life jackets and marine hardware and equipment such as electronics
             and paint. Hudson's extensive marine store particularly caters to
             small boat operators.

                  Merri-Mar and Yankee Marine both have small ship stores at
             their facilities which offer a limited variety of stock.

                  Public Marine Area Facilities

                  The public marine areas in the City are primarily mooring
             areas and include the following: Cashman Park which has approximately
             100 moorings and a state owned boat launching ramp, the Central
             Waterfront which has 30 moorings, the American Yacht Club which
             has approximately 120 moorings (but no public shoreside facilities)
             and Plum Island Basin with 75 moorings.

                  In terms of berthing, the central waterfront has a float
             system and embayment area and the new municipal/commercial fishing
             facility will have a pier, floats and embayment area.

                  There are no public restrooms or showers on the waterfront
             nor is there a public supply of water or electricity at the
             central waterfront.

                  Launch Ramps

                  Approximately 690 boats are kept on trailers in Newburyport,
             some of which are kept-at owners' homes, while others are kept at
             private marinas or storage lots. Prior to 1986, there were four
             launch ramps in operation in the City. two public and two private.
             The public ramps are located at Cashman Park and the Hale Park
             ramp is located along the seawall on Water Street. Both of these
             ramps are under-designed for their actual use. One private ramp
             is located at the 3R Marina and the other is Hudson's ramp adjacent

                                              24

              Newburyport Harbor Commission                                      June, 1989
              Management Plan

                to the Captain's Quarters Restaurant.

                      Within the past two years, Hudson's boat ramp facility has
                been closed for regular use, and as a result, the demand for boat
                ramp access has increased dramatically.         The continued existence
                of the ramp at 3R Marina is also uncertain due to the recent sale
                of the property.

                      Approximately 750 boats were launched from Cashman Park in
                1986. The Hale Park ramp is poorly designed and used primarily by
                sailboarders .    The ramp services approximately fifteen to twenty
                boats annually.       Hudson's ramp serviced four to five hundred
                boats in 1986, but the ramp was closed for this type of usage in
                1987.    The closure of Hudson's ramp has led to an estimated
                doubling of launchings from Cashman Park.          No counts were taken
                from the Park in 1987.         However, 1,327 boats were launched in
                1988.

                      Presently, fees are not collected for the use of the public
                ramps .

                      Central Docks (transients)-

                      The Newburyport Redevelopment Authority has management over
                the floating docks located off Market Landing Park. These floating
                docks were conveyed to the City in March of 1989 (Appendix 8) .
                The docks total 450 linear feet and provide for temporary dockage
                of pleasure craft       In the summer of 1988. $9,000. in fees were
                collected for thi; service;        $6,000. was collected in 1.987, and
                $2,000. in 1986.

                      Public and Commercial Moorings

                      There are a total of 647 moorings in Newburyport's harbor.
                Of these, 497 are public mooring spaces, and 150 are commercial
                moorings which are issued to various commercial marinas on an
                annual basis.

                      The harbormaster issued 215 mooring permits in 1986 and 647
                permits in both 1987 and 1988.        The City permits the rights for
                moorings but individuals must install and maintain the moorings
                themselves.    The City began to charge for the mooring permits in
                1989.    Presently there are no public moorings set aside in the
                public mooring area for transient boaters.

                      The placement of moorings on both sides of the Merrimack
                River has not occurred under any locally approved mooring grids
                or plans.     As a result, some of the existing moorings in the
                River may be encroaching in the federal anchorage area.                  In
                addition. the U.S. Army Corps of Engineers has begun to -t@equire a
                twenty-five foot setback on each side of proposed marine structures
                which has not always occurred in the past.

                                                    25

           Newburyport Harbor Commission                                   June, 1989
           Management Plan

             Passenger Boats

                   Sport Fishing

                   Sport fishing in the Merrimack River has its origins in the
             mid 18001s.     Since the second World War, the popularity of the
             Merrimack River for sport fishing has steadily increased.       Striped
             bass, mackerel, pollock and blackback flounder fishing are abundant
             in the estuary and adjacent ocean waters.15

                   Mackerel fishing in the Plum Island area and offshore fishing
             in passenger boats for ground fish are popular.         Tuna are also
             taken by sport and commercial boats. Catching blue fish has also
             become a popular casting or trolling sport since its appearance
             in the River in the early 19701s. In addition to the surfcasting
             for stripers along the Plum Island and Salisbury beaches, passenger
             boats for striped bass fishing are in great demand. Thousands of
             stripers are taken from the River mouth to Chain Bridge and beyond.

                   A limited sand eel fishery is conducted near the mouth of the
             River and is an important bait fishery.

                   Newburyport's passenger boat industry consists of both larger
             and smaller scale operations.      There are approximately eighteen
             large capacity passenger boats running out of Newburyport Harbor.
             In addition, the smaller six passenger boats total around sixteen.

                   Newburyport's larger scale passenger boat operations include
             Hilton's Deep Sea Fishing, Captain's Fishing Parties and Harbor
             Tours.    The larger capacity boats range in size from 60 to 100
             feet with a capacity ranging from 40 to 150 passengers.          Medium
             size boats average around 45 feet in length with a capacity
             ranging from 15 to 50 passengers.        These charters include both
             half day and full day expeditions.         Most of the boats have a
             galley, and rods and reels are usually supplied for a rental fee.

                   The six passenger boats range in size from 30 to 50 feet in
             length.

                   Generally, the larger operations own their own real estate
             and perform their own marketing while the smaller, independently
             owned boats secure dockage at either the larger passenger boat
             facilities or various marinas, and market their services through
             the locally operated "Charter Services" company.16

                   The season generally runs from May to November with the peak
             months being June, July and August. A 1978 study prepared by the
             Interstate Passenger Boat Association (I.P.B.A.) revealed that it

                   15 I.P.B.A. (Interstate Passenger Boat Association).
                   16 p. 57 Division of Marine Fisheries Monograph.

                                               26

              Newburyport Harbor Commission                                    June, 1989
              Management Plan

                is necessary to run the boats at 100% capacity during these three
                months to adequately subsidize the spring and fall months.17

                      Whale Watching

                      Whale watching cruises are also an important part: of the
                passenger boat industry in the Merrimack River. For example, the
                whale watching service at Hilton Strout's is used by local and
                regional educational entities including universities and colleges.
                A naturalist is on board the vessel to provide an informative
                description of the habitats of the whale population.

                      Research groups and recreational users also take advantage
                of this service.      The whale watching season runs from Memorial
                Day to Labor Day with the highest demand by educational users
                being late May/early June and early September.            The schedules
                include day and evening cruises throughout the season.

                      Cruising/Touring

                      The only full time large capacity tour boat on the Merrimack
                River is the 45 foot Yankee Clipper operated by Harbor Tours.
                This facility leases space from the Newburyport Redevelopment
                Authority at the central docks.

                      There are also a small number of independently owned and
                operated sailboats which provide charter cruise services out of
                the River.

                      Cocktail cruises are offered by the larger passenger boat
                operations on a chartered basis.

                      This sector of the passenger boat industry has perhaps the
                greatest untapped economic potential in the Merrimack River.
                Recent reports have shown that this type of cruise service has
                grown tremendously along the eastern seaboard.18

                      To effectively tap into this market, the Merrimack River
                would need to be dredged upriver to provide a calm, smooth cruis,e
                to Haverhill.    Fall foliage excursions, sightseeing and cocktail
                cruises, could all benefit from such a dredging program.

                Commercial Fishing

                      Newburyport has a relatively small commercial fishing i   -ndustry.
                In the fall of 1986, the commercial. fleet consisted of 25 vessels:
                five lobster boats, six gilnetters, and 14 otter trawlers.            The
                fleet has a combined length of 988 feet and a replacement value

                      17 p. 10 I.P.B.A. (Interstate Passenger Boat Association).

                      18
                          George Hilton, Passenger Boat Owner.

                                                   27

           Newburyport Harbor Commission                                      June, 1989
           Management Plan

              of 3.2 million dollars. Fifty-five people are directly employed
              by the fishing industry and seven to ten are     employed in unloading
              and shipping.     The winter fleet consists      of 18 vessels with a
              combined length of 700 feet. Presently, there    is only one groundf ish
              and tuna dealer in Newburyport, Tri-Coastal Tuna Co-op. It also
              contains the only ice facility in the River.

                   The Tri-Coastal operation is basically an unloading facility
              which has a bulkhead for tie-up and an electric winch to haul the
              fish. Facilities for culling and sorting the fish are available
              as well as cooling and icing areas. The fish can be held for one
              to two days but generally are transported the same day to Boston.
              Three trucks are maintained by the operation which bring the fish
              to Boston for sale to a dealer or are presold by         Tri-Coastal to
              distributors.

                   In calendar year 1985, groundfish landings          in Newburyport
              totalled 2.9    million pounds.      In the ten month    period through
              October 1986. only 1.7 million pounds of groundfish were landed
              by Newburyport boats at the Tri-Coastal facility.

                   In 1985,   Tri-Coastal handled approximately 60,000 pounds of
              blue fin tuna landed by Newburyport vessels. Not all Newburyport
              boats sell to  Tri-Coastal, so actual figures for the tuna industry
              may be 10 to 20% higher.

                   Lobster landings from directed lobster fisheries and incidental
              catches from otter trawlers and gillnetters were estimated to be
              40,000 pounds in 1985.

                   In general, the Newburyport fleet is in good shape.             Most
              boats are equipped with state of the art electronics and hydraulics
              and are less than ten years old. The captains and crews are, for
              the most -part, deeply committed to the industry.         Captains have
              kept abreast with the latest advances in the industry and have
              shaped the fleet accordingly, employing efficient, high-speed
              vessels in the 35 to 45 foot class.         Such boats are capable of
              fishing up to fifty miles offshore from mid-April to early October
              (dependent on weather).

                   Support industries include a considerable resource network of
              welders, carpenters, and mechanics knowledgeable in the maintenance
              and repair of commercial vessels. There is also a pool of experienced
              captains and deck hands who -can fill vacancies or provide an
              extra hand if and when needed.

                   The commercial fishing fleet is in need of a dedicated
              berthing facility.      Presently, the winter fleet ties up at the
              existing embayment     on the central waterfront. and at Hiltonis
              Dock and Bridge Marina in Salisbury.      By a legal agreement between
              the City and the Federal Land and Water Conservation Fund (which
              financed the improvements to the Waterfront Park), the commercial
              boats traditionally were not allowed in the embayment area.             In

                                                 28

             Newburyport Harbor Commission                                  June, 1989
             Management Plan

                1989, the Newburyport Harbor Commission secured the approval by
                the state to allow winter berthing, for a fee, at the embayment
                facility.    Compounding this problem is the demand for docking
                larger recreational boats which are more profitable to a marina
                owner than a commercial fishing boat.

                     In the past five years, four boats, each of which stocked
                over 125,000 pounds per year or over 500,000 pounds collectively,
                have left the River.      These boats continue to fish the same
                ground they did when operating out of Newburyport, but now hail
                from New Hampshire ports.

                     In the recent past, the fishing fleet of Newburyport had
                access to three unloading, marketing and shipping options.
                Presently however. Tri-Coastal Tuna Co-op is the only fish dealer
                in the River.  Tri-Coastalls unloading dock is presently overused.
                and in addition, with only one fish dealer on the River, a lack
                of competitiveness in the industry has been experienced.      If the
                fleet is to expand in the future, additional unloading space is
                required.

                     The number of year-round fishing vessels has doubled over
                the past ten years, from nine to eighteen, with no concurrent
                increase in the supply of winter berthing. A municipal/commercial
                fishing facility with safe winter berthing is needed and may be
                the critical factor in the continued vigor and future prosperity
                of the industry.  The commercial fishing industry is the only year-
                round user of the River.

                     The industry remains healthy, having displayed continual
                growth and upgrading of equipment during the past ten years,
                despite the fact that its shore! facilities were experiencing
                drastic reductions during this same period.

                Institutional and Cultural

                     There are several institutional uses located on the waterfront
                including the previously discussed Department of Environmental
                Management Shellfish Purification Plant and the Parker River
                National Wildlife Refuge Headquarters on Plum Island. In addition,
                the U.S. Coast Guard Station is also located on the River off of
                Water Street.   The U.S. Coast Guard Station in Newbury-port was
                constructed in 1973 and is staffed by 24 persons.       The station
                handles over 300 cases annually.     The Station is equipped with
                five boats, the largest being a 44 foot motor life boat which is
                self-righting and carries a crew     of four.    The second. largest
                boat is a 41 foot UTB which is used in high seas.      The boat can
                reach speeds of up to 26 knots and is primarily used for Search
                and Rescue and Maritime Law Enforcement.      A newer boat is a 30
                foot self-righting surf rescue boat: which is designed for immediate
                rescue that requires a fast and efficient approach effort.         it
                carries a crew of three.     The Station also has 15 foot and 22
                foot Boston Whalers used for Search and Rescue in shallow waters.

                                                 29

          Newburyport Harbor Commission                                  June, 1989
          Management Plan

                  The Custom House Maritime Museum is located on the central
             waterfront and provides cultural and educational programs for the
             community.

             Other Recreational Uses

                  other recreational uses of the Merrimack River include
             naturalists who visit Plum Island, the surrounding wetlands and
             Maudsley State Park.   Surfboarders and sailfish boaters also use
             the area.

             Special Events

                  A number of special events are held on and adjacent to the
             Merrimack River primarily during the summer months.

                  The first festival in the calendar year is the Salmagundi.
             This festival is host to various artisans who display and vend
             arts, crafts and food. The event is held in Market Square and on
             the central waterfront on Memorial Day Weekend.

                  Yankee Homecoming, which attracts visitors from all over the
             region, is held the last week in July.     Activities are scheduled
             throughout the entire ten day event. It includes antique car and
             costume parades, sailboat races at the American Yacht Club and
             Windward Yacht Yard, sidewalk sales and a large parade on the
             last day of the event.      Harborfest combines festivals at Plum
             Island and the downtown waterfront and includes the annual power
             boat race and Custom House Maritime Museum rowing and canoe races
             on Labor Day.

                  An annual boat parade begins at the North End Boat Club and
             travels upriver to the Crescent Yacht Club in Haverhill in late
             September.   This event marks the end of the traditional boating
             season.

                  In mid October. the Harvestfest, similar to the Salmagundi,
             is held in Market Square.

                  Finally, Santa Claus arrives by boat on the first Sunday in
             December as part of a Christmas event.

                                              30

         Newburyport Harbor Commission                               June, 1989
         Management Plan

                                      HARBOR PLANS

         Newburyport Harbor Commission                                June. 1989
         Management Plan

                                      HARBOR PLANS

           GOALS, OBJECTIVES ARD ACTION PLAN

                The goals, objectives, and recommended actions of this Plan
           were developed through discussion by Harbor Commission members
           and from a variety of sources including documentation from previous
           studies, meetings with representatives of state and federal
           agencies and the holding of a public meeting on October 7, 1987
           with area residents and other interested parties.

                The goals, objectives, and recommended actions presented
           here are viewed as a blueprint toward the completion of the
           Harbor Management Plan.    In addition to forming the base of the
           Plan, perhaps their most important function is that they represent
           a community consensus on how area residents want the harbor to
           develop in the fut.ure both onshore and offshore.

                The goals, objectives and recommended actions can be referred
           to by other regulatory Boards and Commissions in the City to
           assist in the preparation of legislation, budgets and decisioti
           making for activities located in, on and along the Newburyport
           waterfront.

                They are organized by topic as follows:

                     � Harbor Management

                     � Natural Resources

                     � Land Use

                     � Navigation

                     � Recreational Boating

                     � Commercial Marine Industries and Facilities

                     o Access

                     o Public Awareness

                                            31

               Newburyport Harbor Commission                               June. 1989
               Management Plan

                 TOPIC AREA: Harbor Management (HM)

                 GOAL #( 1 ) Assure orderly, safe and efficient use of designated
                             mooring areas, fairways and other navigation areas.

                                         OBJECTIVE,     I

                      Designate the Harbor Commission as the local "Clearinghouse"
                      for issues relating to the waterfront.

                                 ACTIONS/-METIIODS/OUTCOME CRITERIA

                  .1 Request the City Council to amend city ordinances to require
                      that the Harbor Commission is informed of proposed activities
                      including development projects relating to the waterfront.

                                        RESOURCE NEEDS/COSTS

                      HM 1-1.1            FY-90          No Direct Cost

                                                 32

         Rewburyport Harbor Commission                                 June, 1989
         Management Plan

           TOPIC AREA: Harbor management (HM)_

           GOAL #( 1 ) Assure orderly, safe and efficient use of designated
                        mooring areas, fairways and other navigation areas.

                                    OBJECTIVE      2

                 Develop and adopt a set of harbor management regulations
                 which will be enforced by the Harbormaster.

                 Encourage segregated use areas for different users of the
                 River including wind surfers, dinghy docks, bird watchers
                 and similar activities.

                            ACTIONSMETRODS/OUTCONE CRITERIA

             .1  One comprehensive set of harbor regulations will be developed
                 for the various use areas including general regulations and
                 special use areas; mooring regulations, Cashman Park, the
                 central docks and the municipal/commercial fishing facility.

             .2  Dc%,elop and recommend adoption of regulations by ordinance
                 to the City Council.

            .3   Request the City Council to designate the Harbormaster
                 department, under the auspices of the Harbor Commission,
                 with management responsibility for the general harbor,
                 moorings. municipal/ commercial fishing facility, central
                 docks and Cashman Park.

                                   RESOURCE NEEDS/COSTS

                 HM 1-2.1            Completed       No Direct Cost
                                     FY-89

                 HM 1-2.2            Completed       No Direct Cost
                                     FY-89

                 HM 1-2.3            Completed       No Direct Cost
                                     FY-89

                                            33

               Newbur3rport Harbor Commission                               June, 1989
               Management Plan

                 TOPIC AREA: Harbor Management (HM)

                 GOAL #( 1 ) Assure orderly, safe and efficient use of designated
                             mooring areas, fairways and other navigation areas.

                                         'OBJECTIVE #-( 3

                      Develop a set of emergency procedures with telephone numbers,
                      agencies responsible and contact persons according to the
                      type of emergency.

                                  -ACTIONS/METHODS/-OUTCOME-CRITERIA

                  .1  A set of emergency procedures (with telephone numbers,
                      agencies responsible and contact persons according to the
                      type of emergency) will be developed and periodically updated
                      by the Harbor Commission.    These procedures will be widely
                      promulgated.

                                        -RESOU-RGE MEEDS/COSTS

                      HM 1-3.1                  FY--89          Estimated Cost $500.

                                                 34

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

            TOPIC AREA: Harbor Management (HM)

            GOAL #( 2 ) Ensure the proper management and maintenance of
                         publicly owned/regulated marine facilities.

                                      OBJECTIVE     1

                  Establish a harbor fund which will provide monies for the
                  Harbormaster's budget as well as maintenance and upgrading
                  of all public waterfront facilities.

                              ACTIONSMETHODStOUTCOME GRITERI-A

              .1  Draft an ordinance for submission to the City Council which
                  would require the deposit of all fees collected into the
                  Waterways Account.     Retain two separate accounts, one for
                  the Cashman Park ramp (which already exists) and one for all
                  other sources of income.

              .2  Develop an annual capital improvement program for the public
                  waterfront facilities.

              .3  Advocate and support funding of the Harbormaster's budget*
                  for the protection of the boating public.

                                    RESOURCE NEEDS/COSTS

                  HM 2-1.1             Completed       No Direct Cost
                                       FY-89

                  HM 2-1.2             FY-90           No Direct Cost

                  HM 2-1.3             FY-90           Estimated Cost
                                                       $31,500.

                                              35

              Newburyport Harbor Commission                                June, 1989
              Management Plan

                TOPIC AREA: Harbor Management (HM)

                GOAL #( 2    Ensure the proper management and maintenance of
                             publicly owned/regulated marine facilities.

                                         OBJECTIVE      2

                     Initiate a fee structure and associated penalties for City
                     owned and controlled. moorings and docks to be implemented by
                     the Harbormaster.

                     Develop and implement regulations for the management and fee
                     collection at the docks on the central waterfront.

                     Develop and implement a management scheme and fee structure
                     for the municipal/commercial fishing facility.

                                 ACTIONS/-METH-ODS/CUTCOME CRITERIA

                 .1  The City Council has approved a fee schedule for moorings,
                     slips and launches at Cashman Park.

                 .2  The City Council has been requested to approve dock fees for
                     the central waterfront area.

                 .3  A public hearing has been held with representatives of the
                     commercial fishing industry to gain their input in the
                     establishment of regulations and fees for the municipal/
                     commercial fishing facility.

                 .4  As a result of these actions, a fee structure and management
                     collection procesk --is now being fully developed.

                                        RESOURCE NEEDS/COSTS

                     HM 2-2.1             Completed FY-89      No Direct Cost

                     HM 2-2.2             Completed FY-89      No Direct Cost

                     HM 2-2.3             To be Completed      No Direct Cost
                                          FY-90

                     HM 2-2.4             Completed FY-89      No Direct Cost

                                                 3 6

          Newburyport Harbor Commission                                   June, 1989
          Management Plan

            TOPIC AREA: Harbor Management (HM)

             GOAL #( 3 ) Initiate a public facility improvement/ construction
                          program for marine use and services along the waterfront.

                                       OBJECTIVE

                  Construct public restrooms and install drinking fountains at
                  major public use areas on the harbor.

                  Construct a Harbormaster I s of f ice/storage area on the waterf ront.

                  Provide an area for storage of public floats.

                              ACTIONS/NETHODS-/-OUTCOME-CRITERIA

              .1  Public restrooms and drinking fountains will be constructed
                  and installed at major public use areas on the harbor.

              .2  A Harbormaster's office/stora-E, area will be constructed on
                  the waterfront.

              .3  An area/facility will be provided to ensure the safe winter
                  storage of the central waterfront floats.

                                     RESOURGE NEEDS/COSTS

                  HM 3-1.1              FY-91           Estimated Cost $20,000.

                  HM 3-1.2              FY-90           Estimated Cost $ 5,000.

                  HM 3-1.3              FY-90           No Direct Cost

                                               37

              Newburyport Harbor Commission                                   June, 1989
              Management Plan

                TOPIC AREA: Natural Resources (NR)

                GOAL #( 1 ) Protect and enhance the environmental resources of
                             the waterfront.

                                          OBJECTIVE-V(-1

                      Identify sources of water pollution and develop methods to
                      improve the water quality of the harbor.

                      Develop a local system for monitoring compliance with conditions
                      placed on environmental permits.

                                  ACT I-ON S tMETROD S1 OUT COME CRITERIA

                 .1   Encourage appropriate local and state agencies to conduct
                      investigatory studies to identify sources of pollution that
                      affect the Merrimack River.

                 .2   Based on the results of those studies, the Harbor Commission
                      will advocate for the necessary corrective actions to be
                      taken.   It is expected that these actions will improve the
                      water quality of the harbor.

                 .3   The Harbor Commission will work with other local Boards and
                      Commissions to develop a local system for monitoring compliance
                      with conditions placed on environmental permits. This system
                      will then be recommended to the City Council for adoption.

                                        RESOURCE NEEDS/COSTS

                      NR 1-1.1             Annual          No Direct Cost

                      NR 1-1.2             Annual          No Direct Cost

                      NR 1-1.3             Annual          No Direct Cost

                                                  38

           Newburyport Harbor Commission                                   June, 1989
           Management Plan

             TOPIC AREA: Natural Resources (NR)

             GOAL #( 1 ) Protect and enhance the environmental resources of
                          the waterfront.

                                       @OBJECTIVE      2

                   Encourage regional cooperation in management and enforcement
                   of sewage treatment plant discharges.

                   Encourage monitoring and enforcement of sewage treatment
                   plants.

                               ACTIONS/NETHODS/OUTCONE GRITERIA

               .1  The Harbor Commission will seek to work with regional and
                   state agencies to advocate the construction and proper
                   operation of municipal and industrial sewage treatment
                   plants.

               .2  The City should continue its program of monitoring the
                   industrial wastes entering the Sewage Treatment plant.

               .3  In addition, other direct waste discharges should be investigated
                   and necessary corrective actions taken as needed.

               .4  Through this effort, it is anticipated that the water quality
                   of the Merrimack River will be enhanced and improved.

                                      RESOURCE NEEDS/CO-STS

                   NR 1-2.1              Annual          No Direct Cost

                   NR 1-2.2              Annual          No Direct Cost

                   NR 1-2.3              Annual          No Direct Cost

                   NR 1-2.4              Annual          No Direct Cost

                                                39

             Newburyport Harbor Commission                                 June, 1989
             Management Plan

               TOPIC AREA: Natural Resources (NR)

               GOAL #( I ) Protect and enhance the environmental resources of
                            the waterfront.

                                        OBJECTIVE if-(-3

                    Encourage the development of aquaculture in appropriate areas.

                    Encourage the re-opening of the clam flats and the development
                    of the shellfish industry.

                                ACTIONS/METRODS[OUTCONE CRITERIA

                    The successful implementation of this objective is in part,
                    contingent upon the criteria in objectives 1 and 2 of the
                    Natural Resources section.

                .1  The Harbor Commission will support periodic monitoring by
                    the state's Department of Public       Health and Division of
                    Marine Fisheries to sample and test    the quality of the fish
                    and shellfish in the Merrimack River   harbor area.

                    The Shellfish Purification Plant,      located at Plum Island
                    Point, is a crucial ingredient to     the continuation of the
                    shellfish industry.

                                       RESOURCE NERDSICOSTS

                    NR 1-3.1             Annual          No Direct Cost

                                                40

          Newburyport Harbor Commission                                June, 1989
          Management Plan

             TOPIC AREA: Natural Resources (NR)

             GOAL #( 1 ) Protect and enhance the environmental resources of
                         the waterfront.

                                     OBJECTIVE     4-)

                  Provide for the enhancement and conservation of wildlife
                  habitat for game and non-game species where appropriate.

                  Preserve and enhance wetland areas where possible.

                            -ACTIONSMETHODS/OUTCOME CRITERIA

              .1  The Merrimack River Basin provides an ideal habitat for
                  hundreds of species of fish and fowl. over time, the natural
                  state of the area has been degraded by land use policies,
                  industrial development and modern-day contaminants.        The
                  Harbor Commission will seek to preserve the remaining natural
                  areas and to protect from further misuse, those areas which
                  have experienced encroachment.

                                    RKSOURCE NEEDS/-COSTS

                  NR 1-4.1            Annual         No Direct Cost

                                             41

             Newburyport Harbor Commission                             June, 1989
             Management Plan

               TOPIC AREA: Natural Resources (NR)

               GOAL #( 1 ) Protect and enhance the environmental resources of
                           the waterfront.

                                      OBJECTIVE     5

                    Support House Bill 2150 which is designed to provide monies
                    for conservation officers in local coastal communities.

                               ACTIONSIMETROD-S/011ITGOME CRITERIA

                .1  The Harbor Commission* will contact area legislators to
                    recommend -their support for passage of this needed legislation.

                                     RESOURCE -NEEDS/COSTS

                    NR 1-5.1           FY-89          No Direct Cost

                                              42

          Newburyport Harbor Commission                                June, 1989
          Management Plan

            TOPIC AREA: Land Use (LU)

            GOAL f( 1 ) Encourage a mixture of water dependent/water related
                        uses along the waterfront and work to maintain the
                        marine heritage of the waterfront.

                                     OBJECTIVE # (-1

                 Promote future development which protects existing marine
                 dependent use and review development projects as to their
                 impact on existing and future marine uses.

                 Modify existing land use controls to impose view corridors,
                 height restrictions, public access and parking.

                 Encourage a limited number of non-marine dependent use of
                 the waterfront when it is necessary to support the development
                 of marine dependent uses such as boatyards or public access.

                             ACTIONSMETHODS/OUTCONE CRITERIA

             .1  Future development which protects existing marine dependent
                 use will continue to be promoted. Development projects will
                 be reviewed with regard to their impact on existing and future
                 marine use. Existing land use controls will be modified as
                 appropriate to impose view corridors, height restrictions,
                 public access and parking.     A limited number of non-marine
                 dependent uses of the waterfront will be encouraged when it
                 is necessary to support the development of marine dependent
                 uses such as boatyards or public access.

                 In March of 1988, the City of Newburyport revised its zoning
                 ordinance to place the majority of the land adjacent to the
                 Merrimack River in two new zoning districts, waterfront
                 marine and waterfront mixed use. This change is expected to
                 help protect and encourage marine dependent uses.

                                   RESOURCE NEEDS/COSTS

                 LU 1-1.1             Annual          No Direct Cost

                                             43

             Newburyport Harbor Commission                               June, 1989
             Management Plan

               TOPIC AREA: Land Use (LU)

               GOAL #( 1 ) Encourage a mixture of' water dependent-/water related
                            uses along the waterfront and work to maintain the
                            marine heritage of the waterfront.

                                        OBJECTIVE     2

                    Assure adequate shoreside facilities for water dependent
                    activities such as marinas, public launching ramps, the
                    municipal/ comme rc ial fishing facility and an area for passenger
                    boats.

                                A-CTIONS/METRODS/OIJTCOME CRITERIA

                .1  Designate areas on the Land Use Map which would allocate
                    land to assure adequate shoreside facilities for various
                    water dependent activities.

                                      RRSOU-RCE -NEEDS/COSTS

                    LU 1-2.1             FY-89          No Direct Cost

                                               44

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

            TOPIC AREA: Land Use (LU)

            GOAL #( 1 ) Encourage a mixture of water dependent/water related
                        uses along the waterfront and work to maintain the
                        marine heritage of the waterfront.

                                     OBJECTIVE      3

                 Encourage the continued location of the U.S. Coast Guard
                 Station in Newburyport; the expansion of the state's Department
                 of Environmental Management, Division of Marine Fisheries
                 Shellfish Purification Plant on the northern tip of Plum
                 Island; and encourage the expansion of existing water dependent
                 uses such as the Tri-Coastal Co-op seafood handling facilities
                 and the various marinas.

                             ACTIONS/METHODS/OUTCONE CRITERIA

             .1  These three facilities are essential to provide safety for
                 the general boating public and to maintain the commercial
                 fishing and shellfishing industries.

                                    RESOURCE NEEDS/COSTS

                 LU 1-3.1             Annual          No Direct Cost

                                             45

               Newburyport Harbor Commission                                 June, 1989
               Management Plan

                 TOPIC AREA: Land Use (LU)

                 GOAL #( 1 ) Encourage a mixture of water dependent/water related
                              uses along the waterfront and work to maintain the
                              marine heritage of the waterfront.

                                          OBJECTIVE      4

                      Improve public infrastructure to the waterfront including
                      water, sewage and electrical services.

                                  ACTIONS/METHODS/OUTCOME CRITERIA

                  .1  Install sewer lines where necessary to construct restrooms
                      at publicly owned areas.

                  .2  Install a new twelve inch water service loop between the
                      central  waterfront and the vicinity of the Atkinson Lumber
                      Company to by-pass the existing six inch service in Water
                      Street.

                  .3  Continue -to support the Sewer Commission in its efforts to
                      secure Environmental Protection Agency funding to correct
                      existing deficiencies in some of the streets (the downhill
                      side of Merrimac Street should be corrected by the City).

                                         RESOURCE NEED-SICOSTS

                      LU 1-4.1             EY-91           Estimated Cost $60,000.

                      LU 1-4.2             FY-91           Estimated Cost $60.000.

                      LU 1-4.3             FY-91           Estimated Cost $372.000.

                                                  46

         Newburyport Harbor Commission                              June, 1989
         Management Plan

           TOPIC AREA: Land Use (LU)

           GOAL #( 1 ) Encourage a mixture of water dependent/water related
                       uses along the waterfront and work to maintain the
                       marine heritage of the waterfront.

                                   OBJECTIVE     5

                Work with local, state and federal agencies in identifying
                and mapping jurisdictional areas such as previously filled
                tidelands and harbor lines; and re-identify historic public
                ways to the waterfront.

                           ACT1ONS/14ETHODS/-OUTCO-NE CRITERIA

            .1  A collaborative arrangement with state and federal agencies
                will be developed for assistance in identifying and mapping
                jurisdictional areas such as previously filled tidelands and
                harbor lines; and re-identifying historic public ways to the
                waterfront.

                                 RESQU-RC-E NERDS/COSTS

                LU 1-5.1            FY-90          Estimated Cost $5,000.
                                                   FY-89 Harbor Grant

                                                   (see also A 3-3.1)

                                          47

               Newburyport Harbor Commission                              June, 1989
               Management Plan

                 TOPIC AREA: Land Use (LU)

                 GOAL #( 1 ) Encourage a mixture of water dependent/water related
                             uses along the waterfront and work to maintain the
                             marine heritage of the waterfront.

                                         OBJECTIVE-# ( 6-)

                      Encourage the future relocation of uses which are not compatible
                      with the waterfront to other-, more suitable locations.

                      Encourage the creative and adaptive re-use of abandoned
                      structures and facilities into water dependent/related uses.

                                 -ACTION-S/METHODS/-OUTCOME CRITERIA

                  .1  Uses which are not compatible with the waterfront will be
                      encouraged to be moved to other, more suitable locations.

                  .2  Abandoned structures will be reviewed for possible transformation
                      into water dependent/marine related facilities.

                                       RESOURCE NEEDS/COSTS

                      LU 1-6.1            Annual         No Direct Cost

                      LU 1-6.2            Annual         No Direct Cost

                                                ,48

         Newburyport Harbor Commission                                  June, 1989
         Management Plan

           TOPIC AREA: Navigation (N)

           GOAL #( 1 ) Protect and enhance the navigability of the Merrimack
                        River.

                                     OBJECTIVE      1

                 The Merrimack River harbor entrance is known to be one of
                 the most treacherous boating areas in New England.        In an
                 attempt to alleviate this condition, the Harbor Commission
                 will advocate for continuous maintenance dredging of the
                 outer channel by the U.S. Army Corps of Engineers.

                             ACTIONS/METHODS/OUTCOME CRITERIA

             .1  On an annualbasis, the City's Harbormaster, with the cooperation
                 of the local fishing and passenger boat industries, will
                 perform an annual monitoring of the depth of the River and
                 make a request to the U. S. Army Corps of Engineers for
                 dredging assistance.

             .2  Continue to work with the state and federal governments in
                 securing the proper and cost effective disposal of the
                 channel dredged material.

             .3  Request the U.S. Army Corps of Engineers to dredge the
                 harbor entrance and the large spit area which has formed
                 near the south jetty.

                                    RESOURCE MEEDS/COSTS

                 N 1-1.1              Annual          Estimated Cost
                                                      $500. per year

                 N 1-1.2              Annual          No Direct Cost

                 N 1-1.3              FY-93           Estimated Cost
                                                      $300,000.

                                             49

               Newburyport Harbor Commission                                 June, 1989
               Management Plan

                 TOPIC AREA: Navigation (N)

                 GOAL #( 1 ) Protect and enhance the navigability of the Merrimack
                              River.

                                           OBJECTIVE     2

                      Investigate the possibility of re-designating the federal
                      channel so that it will align with the actual navigable
                      channel, and review the necessity of maintaining the federal
                      turning basin.

                                   ACTIONS/METRODS/OUTCOME CRITERIA

                  .1  A plan will be developed to re-designate the federal channel
                      so that it will align with the actual navigable channel.

                  .2  Recommend that the City petition the United States Congress
                      to abandon a portion of the federal turning basin running
                      parallel with the shore from the central waterfront eastward
                      to the American Yacht Club.      Develop plan requirements and
                      other criteria for persons wishing to place structures in
                      this area.

                                         RESOURCE NEEDS/COSTS

                      N 1-2.1               FY-90           FY-89 Harbor Grant
                                                            $1,600.

                      N 1-2.2               FY-90           FY-89 Harbor Grant
                                                            $1.600.

                                                  50

          Newburyport Harbor Commission                                  June, 1989
          Management Plan

            TOPIC AREA: Navigation (N)

            GOAL #( 1 ) Protect and enhance the navigability of the Merrimack
                         River.

                                      OBJECTIVE      3

                  Continue to work with the U.S. Coast Guard in realizing
                  safety of the water with the installation of aids to navigation.

                              ACTIONSMETHODS/OUTCOME CRITERIA

              .1  On an annual basis, the City should continue to work with
                  the U.S. Coast Guard to ensure the marking of the navigable
                  channel.

              .2  Work with the U.S. Coast Guard to continue to ensure safety
                  of the water with the installation of aids to navigation.

              .3  Continue to work toward alternative methods of construction
                  to ensure the installation of an entrance light at the
                  Merrimack River north jetty.

              .4  Ensure the continued installation of a private aid to navigation
                  at the dike near the entrance to the Plum Island River.

                                     RESOURCE NEEDS/COSTS

                  N 1-3.1               Annual          No Direct Cost

                  N 1-3.2               Annual          No Direct Cost

                  N 1-3.3               FY-90           No Direct Cost

                  N 1-3.4               Y - 8 9         $500.

                                              51

              Newburyport Harbor Commission                              June, 1989
              Management Plan

                TOPIC AREA: Navigation (N)

                GOAL #( 1 ) Protect and enhance the navigability of the Merrimack
                            River.

                                        OBJECTIVE     4

                     Continue to enforce the no wake laws and install additional
                     signs where necessary.

                                ACTIONS/METRODS/OUTCONE CRITERIA

                 .1  The City has adopted the revised harbor regulations which
                     provide more stringent guidelines on speed and wake than
                     that which heretofore existed.

                 .2  Install a buoy at the entrance to the Plum Island River and
                     install a no wake sign in the Basin near the dike.

                                      RESOURCE NEEDS/COSTS

                     N 1-4.1             FY-90          FY-89 Harbor Grant
                                                        $2,000.

                     N 1-4.2             FY-89          $ 500.

                                               5:2

          Newburyport Harbor Commission                                    June, 1989
          Management Plan

             TOPIC AREA: Navigation (N)

             GOAL #( 1 ) Protect and enhance the navigability of the Merrimack
                          River.

                                       OBJECTIVE      5

                  Provide fairways as required for adequate access to the
                  shore and federal channel.

                               ACTIONS/METRODS/OUTCOHE CRITERIA

              .1  Designate a local 200 f oot wide navigable channel which
                  extends through the entire corporate limits of the City.

              .2  Designate a 100 foot wide fairway running parallel with the
                  shoreline extending from the Gillis Bridge to the American
                  Yacht Club. The fairway would be 100 feet wide and would be
                  located on the channel side of existing marinas.           In the
                  vic inity of Hilton I s and Michael I s Harbors ide, the f airway
                  would narrow to seventy five feet between the outside floats
                  and the mooring areas.       A seventy five foot turning area
                  would also be maintained in front of Michael's Harborside.

              .3  Designate two fairways to provide access/egress from the
                  channel as follows:     One 400 foot wide fairway in front of
                  t he U . S . Coa st Gua rd St at ion and a port ion of the Mass
                  Electric property, and one 200 foot wide fairway at an angle
                  in front of the Custom House Maritime Museum and municipal/
                  commercial fishing facility.

                                     RESOURCE NEEDS/COSTS

                  N 1-5.1               FY-89           No Direct Cost

                  N 1-5.2               FY-89           No Direct Cost

                  N 1-5.3               FY-89           No Direct Cost

                                               53

             Newburyport Harbor Commission                                June. 1989
             Management Plan

               TOPIC AREA: Navigation (N)

               GOAL #( 1 ) Protect and enhance the navigability of the Merrimack
                            River.

                                        OBJECTIVE     6

                     Establish regulations which require specific setbacks between
                     all new structures and any designated channel, turning basin,
                     fairway, mooring or anchorage area.

                                ACTIONS/METHODS/OUTCOME CRITERIA

                .1   Incorporate the following proposed regulations into the
                     existing harbor regulations as follows:

                     In order to provide for safe and adequate maneuverability
                     (swing) and navigability, the placement of structures in the
                     Merrimack River shall comply with the following minimum
                     dimensional requirements:

                     a.  All structures shall be setback a minimum of twenty-
                         five feet from projected property lines to provide a
                         swing area, unless a lesser setback is mutually agreed
                         upon by the adjacent property owner and submitted in
                         writing to the Harbor Commission. All structures shall
                         be setback a minimum of twenty feet from the: federal
                         channel, navigable channel, fairways and federal turning
                         basin.

                     b.  Structures requirin-g a U.S. Army Corps of Engineers
                         General Permit:

                         All structures requiring a General Permit from the U.S.
                         Army Corps of Engineers (including boats) shall project
                         not more than 200 feet into the Merrimack River from
                         the shore (to be measured perpendicular from the mean
                         highwatermarkof the outermost portion of theproperty).

                         In certain geographic locations, constraints posed by
                         narrowness or shallowness of the channel and/or severity
                         of the current may not allow the project to extend the
                         full 200 feet into-the River.

                         The Harbor Commission shall review for approval all
                         general permits on a case by case basis.

                                               54

           Newburyport Harbor Commission                                June, 1989
           Management Plan

                  Navigation (N) 1-6; Continued

                  C.   Structures requiring an Individual Permit from the U.S.
                       Army Corps of Engineers:

                       All structures requiring an Individual Permit from the
                       U.S. Army Corps of Engineers will be reviewed for
                       approval on a case by case basis by the Harbor Commission
                       to determine maximum projections into the River.

                                    RESOURCE NEEDS/COSTS

                  N 1-6.1              FY-89          No Direct Cost

                                              55

             Newburyport Harbor Commission                             June, 1989
             Management Plan

               TOPIC AREA: Navigation (N)

               GOAL V I ) Protect and enhance the navigability of the Merrimack
                           River.

                                      OBJECTIVE J ( 7

                    Acquire accurate base maps for the federal channel, mooring
                    areas, shellfish beds, etc.

                               AGTIONS/KETRODSPOUTCO'KE CRITERIA

                .1  Accurate base maps for the federal channel, mooring areas,
                    shellfish beds, etc. will be acquired.

                .2  Maps should include the following information:  the! federal
                    channel and anchorage area/turning basin, the local r@avigable
                    channel and fairways, mooring grids, shellfish beds, barrier
                    beaches, floodplain (Federal Emergency Management Act) and
                    historic harbor lines where known.

                .3  Other maps which should be included in the Plan are the
                    Water Use Map (a reduction of the existing map with the
                    addition of local use areas including transient, passenger
                    boat and commercial fishing, mooring/docking and berthing),
                    the Land Use Plan indicating the continuous river-walk and
                    scenic overlooks, public land, etc.

                                     RESOURCE NEEDS/COSTS

                    N 1-7.1            FY-90          Requested FY-89
                                                      Harbor Grant

                    N 1-7.2            FY-90          Requested FY-89
                                                      Harbor Grant

                    N 1-7.3            FY-90          Requested FY-89
                                                      Harbor Grant

                                              56

           Newburyport Harbor Commission                                 June, 1989
           Management Plan

             TOPIC AREA: Recreational Boating (RB)

             GOAL #( 1 ) Work to maintain a planned pattern and program of
                          efficient utilization of the water's surface by
                          recreational boaters.

                                      OBJECTIVE      1

                  Provide adequate mooring and dockage space for the public
                  and sufficient anchorage with shore access for transient
                  boaters.

                              ACTIONS/NETRODS/OUTCONE CRITERIA

              .1  The Harbormaster will continue to refine the current system
                  of allocating moorage and dockage space for the public. The
                  Harbormaster should investigate the need for transient/guest
                  moorings for visiting boaters and develop a plan to accommodate
                  this need.

              .2  Install a dinghy dock facility at the central waterfront.
                  With the installation of three (25 foot by 8 foot) floats,
                  approximately twenty skiffs could be accommodated in this
                  area. Seasonal spaces could be rented for a fee.

                                     RESOURCE NEEDS/COSTS

                  RB 1-1.1             FY-90           Estimated Cost     $500.

                  RB 1-1.2             FY-89           Estimated Cost $20,000.

                                              57

              Newburyport Harbor Commission                                 June, 1989
              Management Plan

                TOPIC AREA: Recreational Boating MB)

                GOAL #( 1 ) Work to maintain a planned pattern and program of
                             efficient utilization of the water's surface by
                             recreational boaters.

                                         OBJECTIVE      2

                     Encourage the development of marine recreational facilities
                     including holding tank pump out equipment and launch, ramps.

                                 ACTI-ONS/METHODS/OUTCOME CRITERIA

                 .1  Identify alternative locations for the future construction
                     of launch ramps for skiffs and associated parking areas to
                     access the moorings in the central waterfront and at Plum
                     Island.

                 .2  Encourage all new marina facilities or expansions at existing
                     facilities to design  their ramp/float system so that parallel
                     access along the River for passive boaters is provided.

                 .3  The development of marine recreational facilities including
                     holding tank pump out equipment will be encouraged.

                 .4  Determine the feasibility of the City acquiring an easement
                     from Mass Electric for the purpose of creating a launch ramp
                     in the bulkhead or public berthing and associated parking at
                     their property on the waterfront.

                                        RESOURCE NEEDS/COSTS

                     RB 1-2.1             FY-90           No Direct Cost

                     RB 1-2.2             Annual          No Direct Cost

                     RB 1-2.3             Annual          No Direct Cost

                     RB 1-2.4             FY-91           No Direct Cost

                                                 58

          Newburyport Harbor Commission                             June, 1989
          Management Plan

            TOPIC AREA: Recreational Boating (RB)

            GOAL f( 1 ) Work to maintain a planned pattern and program of
                        efficient utilization of the water's surface by
                        recreational boaters.

                                   OBJECTIVE     3

                 Designate various use areas for different users such as
                 fairways, mooring areas, wind surfers, dinghy docks, etc.

                            ACTIONS/NETHODS/OUTCONE CRITERIA

             .1  Various use areas for different users such as wind surfers,
                 dinghy docks, clam flats, etc., will be designated on the
                 Water Use Map.

             .2  Identify alternative locations for ramp/ f loat/parking areas
                 for windsurfers.

                                  RESOURCE NEEDS/COSTS

                 RB 1-3.1           FY-89          No Direct Cost

                 RB 1-3.2            FY-90 and     No Direct Cost
                                    FY-93

                                           59

              Newburyport Harbor Commission                                 June, 1989
              Management Plan

                TOPIC AREA: Recreational Boating (RB)

                GOAL #( 1 ) Work to maintain a planned pattern and program of
                             efficient utilization of the water's surface by
                             recreational boaters.

                                         OBJECTIVE      4

                     Investigate the use of Cashman Park as a recreational marina
                     facility.

                                 -ACTIONS/METHOD,S/-GUTGONE-CRITERIA

                 .1  Continue to work with the state to ensure the completion of
                     the new boat launch ramp facility at Cashman Park.

                 .2  Install a float adjacent to the existing pier at Cashman
                     Park to allow recreational boats to load and unload passengers
                     and locate a dinghy dock in this area.

                 .3  Install restroom facilities (or repair existing) at Cashman
                     Park.

                                       ,RESOURCE NEEDS/COSTS

                     RB 1-4.1             FY-90           Estimated Cost $250.000.
                                                          State Funds

                     RB 1-4.2             FY-92           Estimated Cost $11,000.

                     RB 1-4.3             FY-92           Estimated Cost $20,000.

                                                 60

          Newburyport Harbor Commission                                  June, 1989
          Management Plan

            TOPIC AREA: Commercial Marine Industries and Facilities (CM)

            GOAL 1( 1 ) Protect and enhance the commercial fishing fleet.

                                      OBJECTIVE      1

                  Ensure the timely completion of the municipal/commercial
                  fishing facility.

                  Determine future service needs for the commercial fishing
                  industry and secure funds for their development.

                             -ACTI-ONS/-METHODS/OUTCONE CRITERIA

             .1   The Harbor Commission will work toward helping to ensure the
                  timely completion of the municipal/commercial fishing facility.

             .2   Determine future service needs for the commercial fishing
                  industry and secure funds for their development.        Identify
                  funding for buildings, ice facilities and new land area if
                  the need arises in the future.

             .3   Designate a future tie-up area for repairs to commercial
                  vessels.

             .4   The future possibility of using Cashman Park by commercial
                  haulers should be investigated including an analysis of
                  adequate fees.

             .5   The future feasibility of providing a cooling facility to
                  hold the commercial catch for transporting at a later date
                  (refrigerated area for holding after boxed) should be explored.

             .6   Encourage the development and expansion of the private
                  sector co-op concept.

             .7   Provide City assistance to the commercial fishing industry
                  by preparing permit applications and financing paperwork.
                  Support legislation on all levels that helps promote or fund
                  commercial fishing efforts.

                                             61

               hewburyport Harbor Commission                                   June. 1989
               Management Plan

                      Commercial Marine Industries and Facilities (CM) 1-1; Continued

                                         RESOURCE NE-EDS/COSTS

                      CM 1-1.1              FY-89           Estimated Cost $1,500.000.

                      CM 1-1.2              Annual          No Direct Cost

                      CM  1-1.3             FY-90           No Direct Cost

                      CM  1-1.4             FY-89           No Direct  Cost

                      CM  1-1.5             FY-91           Estimated  Cost     $3,000.

                      CM  1-1.6             Annual          No Direct  Cost

                      CM  1-1.7             Annual          No Direct  Cost

                                                   62

         Newburyport Harbor Commission                                  June, 1989
         Management Plan

           TOPIC AREA: Commercial Marine Industries and Facilities (CM)

           GOAL #( 2 ) Encourage the proper growth and stability of the
                        commercial passenger boat industry.

                                     OBJECTIVE

                 Encourage the development of a public passenger boat facility
                 with adequate parking and other services.

                 Investigate the feasibility of dredging upriver to Haverhill
                 to create a protected water cruise boat industry base.

                             ACTfONS/NETHOD-S/OUTCOME CRITERIA

             .1  The future development of a public passenger boat facility
                 with adequate parking and other services will be encouraged.

             .2  Allow passenger boat operations to utilize an area of the
                 new municipal/commercial fishing facility on a trial basis.
                 Use should be restricted to loading and unloading of passengers
                 only, with no long term tie up allowed. All users should be
                 required to carry liability insurance.        A systet for the
                 pre-approval of qualifications of captains and boats should
                 be developed.    Fees for the facility should be similar to
                 the commercial fishing fees with an allowance for "seasonal
                 use" reduction.

             .3  The City of Newburyport should work with other communities
                 to encourage the state or federal government to conduct a
                 feasibility study of dredging upriver to Haverhill.

             .4  Evaluate and review possible dredging at Cashman Park to
                 provide a facility for passenger boats.

                                   RES-OURCE NEEDS/COSTS

                 CM 2-1.1             Annual          No Direct Cost

                 CM 2-1.2             EY-91           Estimated Cost $11,000.

                 CM 2-1.3             FY-93           Estimated Cost $40,000.

                 CM 2-1.4             FY-91           Estimated Cost $12.000.

                                             63

                Newburyport Harbor Commission                                    June, 1989
                Management Plan

                  TOPIC AREA: Commercial Marine Industries and Facilities (CM)

                  GOAL #( 3 ) Encourage the proper growth and stability of the
                               commercial marinas and ancillary uses.

                                            OBJECTIVE #-( 1

                       Support marina expansion or new marina development: when the
                       plans are found to be safe and environmentally sound, including
                       parking, fueling and other considerations.

                                    ACTIONS/NETHODS/OUTCONE CRITERIA

                   .1  The City should be encouraged to assume an advocacy role to
                       support the expansion or development of sound marina proposals.

                   .2  Support mixed use developments which incorporate marine
                       dependent uses.

                   .3  Investigate the possibility of promoting off-site parking
                       for the entire waterfront area with a seasonal shuttle service.

                   .4  Help promote the installation and upgrading of environmentally
                       sound f uel ing f acilities .   Make available the appropriate
                       regulations issued by the State Fire Marshal's Office for
                       marina developers.

                                          RESOURCE-N'REDS/COSTS

                       CM 3-1.1              Annual           No Direct Cost

                       CM 3-1.2              Annual           No Direct Cost

                       CM 3-1.3              Annual           No Direct Cost

                       CM 3-1.4              Annual           No Direct Cost

                                                    E) 4

         Newburyport Harbor Commission                            June, 1989
         Management Plan

           TOPIC AREA: Commercial Marine Industries and Facilities (CM)

           GOAL 1( 3 ) Encourage the proper growth and stability of the
                      commercial marinas and ancillary uses.

                                  OBJECTIVE     2

                Investigate the need for providing a holding tank pump out
                station for the harbor.

                           ACTIONS/NETHODS/OUTCONE CRITERIA

            .1  A holding tank pump out station at the municipal /commercial
                fishing facility will be investigated and installed if
                appropriate.

                                 RESOURCE NEEDS/COSTS

                CM 3-2.1           FY-90          Estimated Cost $2,500.

                                         65

              Newburyport Harbor Commission                               June, 1989
              Management Plan

                TOPIC AREA: Commercial Marine Industries and Facilities (CM)

                GOAL #( 3 ) Encourage the proper growth and stability of the
                             commercial marinas and ancillary uses.

                                         OBJECTIVE     3

                      Evaluate the feasibility of off-site boat storage.

                                 ACTIONS/METHODS/OUTCONE CRITERIA

                  .1  Evaluate the feasibility of boat storage off-site and encourage
                      private enterprise to develop of f -site boat storage. Encourage
                      the City Council to amend the new zoning ordinance to include
                      boat storage in the industrial district.

                                       RESOURCE NEEDSICOSTS

                      CM 3-3.1            FY-90          No Direct Cost

                                                 66

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

            TOPIC AREA: Commercial Marine Industries and Facilities (CM)

            GOAL #( 3 ) Encourage the proper growth and stability of the
                         commercial marinas and ancillary uses.

                                     OBJECTIVE4 ( 4

                  Support the "Boatyard Preservation Act" and similar legislation
                  which protect and enhance marine dependent facilities.

                             ACT ION SMETRODS/-OUTCONE CRITERIA

             .1   The City should work towards introducing legislation which
                  would help eliminate environmental absolutes when such
                  regulations prove so restrictive that a marine dependent use
                  is prohibited.

             .2   Support the "Boatyard Preservation Act" and similar legislation
                  which protect and enhance marine dependent facilities.       The
                  City should continue to support this and other bills to
                  protect marine dependent uses. The City should also encourage
                  realistic funding for their implementation.

                                    RESOURGE NEEDS/GOSTS

                  CM 3-4.1             Annual         No Direct Cost

                  CM 3-4.2             FY-89          No Direct Cost

                                             67

              Newburyport Harbor Commission                               June, 1989
              Management Plan

                TOPIC AREA: Commercial Marine Industries and Facilities (CM)

                GOAL 1( 4 ) Encourage the rejuvenation of the shellfish industry
                            in the harbor.

                                         OBJECTIVE     1

                     Work towards improving the water quality of the River and
                     identify those problems which can realistically be addressed.

                                 ACTIONS/METHODS/-OUTCOME CRITERIA

                 .1 The Harbor Commission will work with local, regional, state
                     and federal agencies to develop a plan for improving the
                     water quality of the River and identify those problems which
                     can realistically be addressed.

                                       RESOURCE NEEDS/COSTS

                     CM 4-1.1            Annual          No Direct Cost

                                                68

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

            TOPIC AREA: Commercial Marine Industries and Facilities (CM)

            GOAL #( 4 ) Encourage the rejuvenation of the shellfish industry
                         in the harbor.

                                     OBJECTIVE      2

                  Work towards constructing a functional boat ramp area on
                  Plum Island or along the Turnpike for use by commercial clam
                  diggers.

                             ACTIONSMETHODS/OUTCONE CRITERIA

              .1  The Harbor Commission will work towards constructing a boat
                  ramp area on Plum Island or along the Turnpike for use by
                  commercial clam diggers and small recreational boats.       The
                  City should work with the town of Newbury to fund a boat
                  ramp facility near the off-ramp adjacent to the Wilkinson
                  Bridge at the Plum Island Turnpike. A second alternative is
                  to investigate the possibility of a ramp at Plum Island Point.

                                    RESOURCE NEEDS/COSTS

                  CM 4-2.1            FY-90           No Direct Cost

                                             69

              Newburyport Harbor Commission                                 June, 1989
              Management Plan

                TOPIC AREA: Access (A)

                GOAL #( 1 ) Encourage increased use of the waterfront and public
                            facilities on the waterfront.

                                         OBJECTIVE      1

                     Identify and establish a program for maintenance and management
                     of public parks and facilities such as Waterfront Park and
                     Cashman Park.

                                 ACTIONS/NETRODS/OUTCONE CRITERIA

                 .1  Encourage the City, through its Department of Public Works,
                     to establish a program for maintenance and management of
                     public parks and facilities such as Waterfront Park and
                     Cashman Park.

                 .2  Provide landscaping, trash containers and furniture at
                     public facilities.

                                       RESOURCE NEEDS/COSTS

                     A 1-1.1              Annual          No Direct Cost

                     A 1-1.2              Annual          Estimated Cost
                                                          $1,000. per year

                                                 70

           Newburyport Harbor Commission                               June, 1989
           Management Plan

             TOPIC AREA: Access (A)

             GOAL #( 1 ) Encourage increased use of the waterfront and public
                         facilities on the waterfront.

                                     OBJECTIVE      2

                  Develop a re-use plan for Cashman Park which increases the
                  marine use of the area.

                  Provide adequate parking and sanitary facilities for harbor
                  area users.

                  Work with the state to increase and enhance water related
                  use of Maudsley State Park.

                  Encourage the continued passive recreational use of the
                  Parker River National Wildlife Refuge.

                              ACTIONS/NETHODS/OU'TCONE CRITERIA

              .1  Evaluate the potential and develop a plan for re-use of
                  existing public areas to enhance their marine use.

              .2  Continue to support the City's efforts to secure funds for
                  the facility improvements at Cashman Park including marine
                  facilities, stabilization of the shoreline with riprap and a
                  boardwalk/walkway.   Lighting should also be installed along
                  with public restrooms and drinking fountains.

              .3  Adequate parking and sanitary facilities for harbor area
                  users will be provided at the central waterfront.

              .4  The City will seek to collaborate with the state's Department
                  of Environmental Management which controls Maudsley State
                  Park and the Trustees of Moseley Pines to increase and
                  enhance water related uses.

              .5  The passive recreational use of the Parker River National
                  Wildlife Refuge will continue to be encouraged and the
                  Harbor Commission will investigate the joint use of the
                  proposed headquarters for the National Wildlife Refuge near
                  Rolfes Lane.

                                             71

              Newburyport Harbor Commission                                  June, 1989
              Management Plan

                     Access (A) 1-2; Continued

                                        RESOURCE NEEDSICOSTS

                     A 1-2.1               Annual          No Direct Cost

                     A 1-2.2               FY-91           Estimated Cost $270,000.

                     A 1-2.3               FY-91           Estimated Cost $75,000.

                     A 1-2.4               Annual          No Direct Cost

                     A 1-2.5               Annual          No Direct Cost

                                                  72

           Newburyport Harbor Commission                                 June, 1989
           Management Plan

             TOPIC AREA: Access (A)

             GOAL #( 1 ) Encourage increased use of the waterfront and public
                          facilities on the waterfront.

                                      OBJECTIVE      3

                  Encourage and improve passive recreational use of the public
                  lands between Plum Island Point and the south jetty on Plum
                  Island.

                              ACTIONS/NETHODS/OUTCONE CRITERIA

              .1  Encourage increased use of public lands between Plum Island
                  Point and the south jetty or-, Plum Island by various associations
                  for activities such as kite flying and other passive activities
                  throughout the year and during festivals such as Yankee
                  Homecoming Week. Make necessary repairs and improvements to
                  the parking lot at Plum Island Point.

                                     RESOURCE NEEDS/COSTS

                  A 1-3.1               FY-92          Estimated Cost $37,000.

                                              73

             Newburyport Harbor Commission                                  June, 1989
             Management Plan

                TOPIC AREA: Access (A)

                GOAL    2 ) Develop better linkages between Water and Merrimac
                            Streets and the harbor.

                                         OBJECTIVE      I
                                         * * * * ** **** lk * ** **

                     Encourage the provision of public access in any new development
                     or re-development plans along the waterfront to install
                     pedestrian walkways to and from the street and waterfront,
                     through review of such plans by the Harbor Commission and
                     other city agencies.

                                 ACTIONS/NETHODS/OUTCONE CRITERIA

                 .1  The provision of public access in any new development or
                     redevelopment plans along the waterfront will be encouraged
                     with pedestrian walkways to and from the street and waterfront.

                                       RESOURCE NERDS/COSTS

                     A 2-1.1              Annual          No Direct Cost

                                                 74

          Newburyport Harbor Commission                                   June, 1989
          Management Plan

            TOPIC AREA: Access (A)

            GOAL #( 3 ) Provide additional public access to the waterfront.

                                      OBJECTIVE      I

                  Work towards creating a continuous public walkway system on
                  or around the waterfront including such efforts as designating
                  the ends of streets as scenic outlooks and providing a
                  system ofnature trails and small fishing piers through land
                  acquisition and donations.

                              ACTIONSMETHODS/OUTCONE CRITERIA

              .1  Designate areas on the Harbor Map where scenic views are
                  important and develop strategies to preserve them.

              .2  Create an annual capital expenditure program for developing
                  walkways. fish piers and river outlooks including walkways
                  to and from the street and waterfront.

              .3  Prepare an improvement program for the public property
                  adjacent to and including the seawall on Water Street which
                  would include such items as landscaping, street furniture,
                  alternative parking design and installation of informative
                  plaques and river overlooks.

              .4  Investigate the ownership of the small land parcels extending
                  from Simmons Beach to Sportsman's Lodge.       Trails for bird-
                  watching, strolling and parking and/or pull-over spaces for
                  viewing from autos should be constructed in this area.
                  Maintenance efforts should be initiated to cut and clear brush.

                                     RESOURCE NEEDS/COSTS

                  A 3-1.1              FY-90           FY-89 Harbor Grant

                  A 3-1.2              FY-91           Estimated Cost $15,000.

                  A 3-1.3              FY-92           Estimated Cost $40,000.

                  A 3-1.4              FY-92           Estimated Cost $10,000.

                                              75

              Newburyport Harbor Commission                                  June, 1989
              Management plan

                TOPIC AREA: Access (A)

                GOAL #( 3 ) Provide additional public access to the waterfront.

                                          OBJECTIVE      2

                     Acquire B&M Railroad Rights of' Way which are no longer in use.

                                  ACTIONS/METHODS/OUTCOME CRITERIA

                 .1  Evaluate the potential to use the B&M Railroad Right of Way
                     behind Tiger Marine on Water Street for public uses such as
                     parking and sailboard launching.

                 .2  The City should begin efforts to acquire any B&M Railroad
                     Rights of Way which are no longer in use and dedicate these
                     areas for access.

                                        RESOURCE NEEDS/COSTS

                     A 3-2.1               FY-92           No Direct Cost

                     A 3-2.2               FY-93           Cost unknown at this time.

                                                  76

          Newburyport Harbor Commission                               June, 1989
          Management Plan

            TOPIC AREA: Access (A)

            GOAL #( 3 ) Provide additional public access to the waterfront.

                                    OBJECTIVE      3

                 Investigate, map ard-reinstitute historic ways to the waterf ront
                 where feasible.

                             ACTIONS/METHODS/OUTCOME CRITERIA

             .1 Conduct a study to investigate, map and regain historic ways
                 to the waterfront where feasible.

                                   RESOURCE NEEDS/COSTS

                 A 3-3.1             FY-90           Estimated Cost $5.000.
                                                     FY-89 Harbor Grant

                                                     (see also LU 1-5.1)

                                            77

              Newburyport Harbor Commission                             June, 1989
              Management Plan

                TOPIC AREA: Access (A)

                GOAL #( 3 ) Provide additional public access to the waterfront.

                                       OBJECTIVE     4

                     Investigate the f easibility of creating a land bank to
                     acquire land along the River.

                                ACTIONSMETHODS/OUTCONE CRITERIA

                 .1  The feasibility of creating a land bank to acquire land,
                     development rights and/or conservation easements along the
                     River will be investigated.

                                      RESOURCE NEEDSICOSTS

                     A 3-4.1            FY-90          No Direct Cost

                                               713

         Newburyport Harbor Commission                               Ulune, 1989
         Management Plan

           TOPIC AREA: Public Awareness (PA)

           GOAL #( 1 ) Encourage public awareness of various activities
                       occurring in, on and along the waterfront.

                                    OBJECTIVE

                Help to educate the general public regarding public safety
                issues, cultural activities, the natural resources of the
                harbor and facilities that are available for the boating
                public.

                            ACTIONS/NETH-ODS/OUT-COME CRITERIA

             .1 The Harbor Commission will work with various public agencies
                to develop and distribute as appropriate, general information
                and educational pamphlets to the public.      These brochures
                will include information on "laws of the waterways," use of
                the facilities such as at the Parker River National Wildlife
                Refuge and publicly owned facilities, and other environmental
                and/or conservation oriented material to help educate the
                public.

                                  RESOURCR NEEDS/COSTS

                PA 1-1.1             Annual         No Direct Cost

                                            79

               .Newburyport Harbor Commission                                  June, 1989
               Management Plan

                 LAND USE PLAN

                       The Newburyport waterfront: is a community resource which
                 differs from other development sites by virtue of its proximity
                 to the water. The harbor includes ar area held under the public
                 trust doctrine for the benefit of Massachusetts citizens.           This
                 area includes lands seaward of the historic extreme low water
                 mark (which includes certain filled lands and wharves).

                       The many small marine enterprises as well as the open spaces
                 and institutional uses typical to Newburyport's waterfront all
                 contribute to the character of the harbor.

                       Because the waterfront is a unique area and a community
                 resource, there is a need to protect and enhance the diverse land
                 use pattern which has historically characterized the area.

                       The study area for development of the Land Use Plan includes
                 all the waterfront land extending from the water's edge to Water
                 Street, Merrimac Street and Curzonmill Road on the south and the
                 corporate boundaries on the east and west.

                       The proposed Land Use Plan is illustrated on Map 1:2.

                 Marine Dependent/Marine Related Use Areas

                       In the past few years, pressure to develop or re-develop the
                 waterfront for residential and other non-water related uses has
                 accelerated.   As a contemporary analysis of the working waterfront
                 suggests, "To drive off a certral waterfront any vestige of
                 marine business lessens that community's link with its past, rubs
                 out a chance for citizens arid visitors to become acquainted with
                 traditional skills and enterprises, and diminishes the area's
                 diversity of activity.1119

                       Realizing the uniqueness of Newburyport's waterfront, the
                 Harbor Commission voiced as one of its major goals of -the Harbor
                 Management Plan, to protect and enhance the existing marine
                 dependent uses and to attract new marine uses.

                       To implement this goal, the Harbor Commission's Land Use
                 Plan designates two areas of the waterfront as marine dependent/
                 marine related development areas. These areas coincide with the
                 recently adopted waterfront zoning districts.

                       The suggested marine dependent areas extend from Jefferson
                 Court (Yankee Marine) to the U.S. Route one Bridge and the U.S.
                 Coast Guard Station to the seawall on Water Street.

                       19   Caution: Working     Waterfront, The Impact of Change on
                            Marine Enterprises 1985.

                                                    80

         Newburyport Harbor Commission                                   June, 1989
         Management Plan

                 Uses in these areas should be marine dependent with a limited
            amount of non-marine dependent uses allowed.       For example. if a
            parcel of land were to be developed or re-developed, the proposal
            would have to contain a majority of the development devoted to
            marine dependent use(s) such as a marina, boatyard, passenger
            boat operation or similar activities.          Secondary, non-marine
            dependent uses would be allowed to a limited extent if the primary
            use is marine dependent.     A development which includes a marina/
            boatyard could also include some residential or a marine related
            business in its proposal.

            Downtown Waterfront

                 The downtown area of Newburyport is located in the vicinity
            of what is known as the "central waterfront." This area exhibits
            typical downtown mixed uses and generally extends from the Route
            1 Bridge to beyond the Atkinson Lumber Company on Water Street.
            Due to the relationship between this portion of the waterfront
            and the City's central business district, uses which will enhance
            the civic, cultural and busipess nature of the downtown in conjunction
            with marine type uses are encouraged.          Marine dependent and
            related uses are encouraged in this area and structures devoted
            solely to residential uses are not allowed.

            Conservation and Agricultural

                 There are large waterf ront areas in the City which are
            enjoyed f or their conservation, agricultural and/or open space
            qualities.

                 In most cases , the existing zoning designation of these
            areas adequately protects the uses.      However, the Moseley Pines
            area and the land owned by the Water Commission (between Moseley
            Pines and Route 1-95, and on the westerly side of Route 1-95) are
            presently zoned for two family development.

                 These areas have been designated on the Land Use Plan as
            open spa c e/ conservation areas and include the Maudsley Estate,
            land held by the Water Commission, Moseley Pines, the various
            tidal flats, Woodbridge and Seal Islands, the wetlands abutting
            Plum Island and the state owned portion of the northeastern tip
            of Plum Island.

            Residential Areas

                 The last two areas which were analyzed by the Harbor Commission
            are presently residential in nature and will remain that way for
            the foreseeable future.       The area which extends f rom Spof ford
            Street to Jefferson Court (Yankee Marine) is primarily single
            f amily residential and should remain this way.        Development of
            the lower water side portion of much of this area is prohibited
            due to the need for sewage pumping stations and the proximity of
            the 100 year flood elevation.

                                              81

               Newburyport Harbor Commission                                 June, 1989
               Management Plan

                      The second residential area is Plum Island.       The existirg
                 zoning designation of this area is inappropriate in that it
                 allows for multifamily development by special permit. For future
                 development purposes, the City should change this zoning designation
                 to single family due to the lack, of public water and sewer and
                 the existing pattern of very small lot, densely developed areas.

                 Public Access

                      A major goal of the Land Use Plan is to encourage and increase
                 public access to and from the waterfront.      Public access should
                 be created where possible.    one of the long range goals of this
                 Plan is to create a riverwalk along the length of the Merrimack
                 River.

                      The riverwalk system should incorporate connections: from the
                 street to the riverwalk.    The form of the riverwalk may involve
                 different widths and types of treatments.        For example, along
                 Water Street near the Joppa Flats, the riverwalk might be a
                 wooden walkway through the marshes and in Maudsley State Park,
                 the riverwalk might be in the form of a nature trail.     Conversely,
                 the walkway in the downtown area should be in the form of a
                 durable, hard surface such as wood or brick.      Where security or
                 other measures prohibit such a riverwalk scenario, the walkway
                 can be developed along the street side of the River.       A signage
                 system should also be developed.

                      The Land Use  Plan also calls for the construction of small
                 fish piers and/or   river outlooks at various locations along the
                 River.

                 Public Facilities

                      The location of public reS t rooms/ shower facilities and a
                 harbormaster's building are suggested at the future municipal/
                 commercial fishing facility and/or Cashman Park.        other harbor
                 needs include a pump-out station for boats to be located either
                 at the municipal /commercial fishing facility or in the vicinity
                 of the sewage treatment plant.

                      A parking facility near or in conjunction with the future
                 headquarters of the Parker River National Wildlife Refuge to be
                 located on the Plum Island Turnpike, to service passive recreational
                 use of the flats and salt marsh areas is also proposed.

                 Public Marine Uses

                      This Plan also identifies specific preferred uses for some
                 areas including the re-development of Cashman Park with marine
                 dependent uses such as additional boat ramps and a passenger boat
                 facility.   The relocation of the Parker River National Wildlife
                 Refuge to the proposed Ocean Avenue/Plum Island Turnpike site is
                 strongly encouraged. The development of an adequate parking area

                                                  8 2

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

            at this site to service the facility as well as the expanded use
            of the surrounding area for passive recreation is encouraged.

            Protection of Views

                  Protection of views and visual access to the waterfront is
            another goal of the Land Use Plan. Historically, the development
            pattern on the waterfront was in the form of relatively low
            buildings placed perpendicular to the waterfront.       This pattern
            of development provided both physical and visual access to the
            water and protected views to the waterfront.       New developments
            located in any of the waterfront zones should have criteria for
            the construction of perpendicular buildings with height restrictions
            to protect these historic amenities.

            Specific Land Use Areas

                  Due to the diversity in urban form, natural resource and
            economic functionsi the Land Use Plan divides the waterfront into
            five use areas. The areas include from east to west, Plum Island,
            the Flats, the South End Marine Area, the Downtown Mixed Use Area
            and the North End Marine Area (Map 10).

                  The proposed Land Use Plan for these areas is described as
            follows:

                  Plum Island

                  The Land Use Plan calls for the retention of Plum Island as
            a residential and recreational area.      The institutional uses of
            the area which should be retained include the Coast Guard Auxiliary
            use of the old Coast Guard Boathouse located at Plum Island
            Point, the city managed use of the state owned parking lot and
            beach area and the Shellfish Purification Plant.

                  The multifamily residential use of the Island should be
            restricted, and only single family development should be allowed.
            Finally, an area for a launch facility for clam diggers should be
            identified and developed.

                  The Flats

                  The area which extends from Plum Island to the seawall on
            Water Street should be protected as a conservation area. The
            relocation of the Parker River National Wildlife Headquarters
            should include adequate parking to service future development of
            a river outlook and boardwalk over the marsh areas.

                  South End Marine Area

                  This area extends from the seawall to and including the
            Atkinson Lumber Company on Water Street.        It is characterized
            almost exclusively by water dependent and related uses including

                                             83

              Kewburyport Harbor Commission                                 June, 1989
              Management Plan

                the American Yacht Club and Ti. S. Coast Guard Station, with the
                exception of residential uses along Water Street. Future development
                in this area should be marine dependent or related. A pedestrian
                riverwalk should be developed along the entire length of the B&M
                railroad right of way to and including the Atkinson property.

                     Downtown Mixed Use Area

                     The downtown mixed use area extends from the future municipal/
                commercial fishing facility behind Atkinson's to the B&M Railroad
                Bridge. This area is the cultural and civic center of the City.
                It is also the most visible and publicly used area of the entire
                waterfront.    The area also contains various marinas and marine
                service facilities and their expansion is encouraged. A continuous,
                hard surface riverwalk should be developed in this area.

                     North End Marine Area

                     This area extends from the B&M Railroad Bridge to and including
                Jefferson Court (Yankee Marine). The Land Use Plan calls for the
                development of marine dependent related uses with a certain
                percentage of non-marine uses allowed per project.         This area
                contains River's Edge, Cashman eark, Towle Manufacturing, the
                North End Boat Club and residential neighborhoods.

                Launch Ramps

                     Cashman Park

                     As noted, the state will be constructing a new double ramp
                launch facility within the next two years.

                     Sailboarders

                     Joint use of the new headquarters parking facility of the
                Parker River National Wildlife Refuge should be investigated. I&
                                                                                     .L
                this is possible, a new float system could be installed across
                the street extending a good distance into the Merrimack River.

                     The existing layout of the seawall on Water Street should be
                evaluated to determine if additional parking can be accommodated.
                In addition, the use of the B&M railroad right of way behind
                Tiger Marine on Water Street should be evaluated for use by the
                sailboarders .

                     Clam Digger Ramp

                     A feasibility study needs to be conducted for the location
                of an improved ramp/parking area for the clam diggers on Plum
                Island or near the Wilkinson Bridge on the Plum Island Turnpike.

                                                 84

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

            Publicly owned Riverfront Land

                 Cashman Park

                 Cashman Park is a twelve acre community park which has 1,200
            linear feet of frontage on the Merrimack River.      Presently, the
            Park contains one boat launch ramp and a dilapidated pier, both
            of which are owned by the state of Massachusetts.      Large pieces
            of granite block secure the shoreline and the area contains a
            paved parking lot.    The Park also contains a baseball field, a
            lighted, heavily used softball field, a tot lot, two tennis courts,
            two basketball courts and a few benches.      An old boathouse was
            located at the Park but was torn down due to excessive vandalism.

                 To enhance the marine use of this facility, a feasibility
            study should be prepared. The study should evaluate the possibility
            of creating a berthing area for passenger boats which would not
            interfere with the existing use of this facility.     In any event,
            the shoreline along the Park should be stabilized with riprap and
            a boardwalk/walkway with lighting should be installed.

                 Central Waterfront

                 The use of the existipa and proposed waterfront promenade
                                          0
            for interpretive programs in conjunction with the Custom House
            Maritime Museum and educational institutions should be developed.
            Interpretive use of the waterfront could include educational
            programs of the historical heritage of Newburyport as well as
            contemporary waterfront issues.

                 Seawall I

                 The use and potential of this area should be reviewed and
            s t u d i e d .Additional maintenance (cutting grass, removal of
            trash) is needed, as is additional police coverage. An investigation
            should take place to determine if more public parking could be
            made available in tbi.s area.    An information plaque, additional
            landscaping and street furniture should also be installed.

                 Simmons Beach to Sportman's Lodge

                 This area, which is located on the River side of Water
            Street, provides a natural point for viewing the Merrimack River
            mouth and is easily accessible by car.     Birdwatchers and general
            viewers use this area heavily on a twelve month basis. This area
            is either in private or unknown ownership and its potential
            should be investigated for purchase by the City. The City should
            put additional emphasis on cutting and cleaning this area and
            possibly, provide adequate parking and/or pull-over spaces.

                 Moseley Pines

                 Moseley Pines does not experience the amount of public use

                                             85

              Newburyport Harbor Commission                                    June, 1989
              Management Plan

                 of which it is capable.       Although the Park coptains several
                 lip-ear feet of frontage on the Merrimack River, the Park is not
                 oriented to the water.       There are no ramps or piers at this
                 facility and access to the Park from the River is limited due to
                 the existing steep slopes.     There is a picnic area located on a
                 bluff which overlooks the River at this facility. A study should
                 be prepared to evaluate the potential. of creating a marine orientation
                 to this Park. The potential for developing an interpretive nature
                 or hiking trail should be evaluated.

                      Plum Island State Park

                      This area could be utilized for kite flying and other passive
                 activities throughout the year during various festivals such as
                 Yankee Homecoming Week.

                      The passive recreational use of this area should be encouraged.
                 The parking lot should be clearly delineated to visibly mark
                 public from private parking areas.

                      Maudsley State Park

                      The City should work with the state to increase and enhance
                 water related use of Maudsley State Park. The City should become
                 closely involved in the current master planning efforts of the
                 state for this facility.

                 WATER USE PLAN

                      The Water Use Plan is illustrated on Map 13 and represents
                 theHarbor Commission's recommendations for conservation, development
                 and use of the harbor. The Water Use Plan will be referred to by
                 the Harbor Commission as it reviews: proposed projects which involve
                 the placement of structures and/or moorings into the River.

                      The Water Use Plan calls for the expansion of existing
                 marinas and boatyards as well as protection and conservation of
                 all the clam flats and protection of designated salt marsh areas.

                 Navigation

                      This Plan establishes a local fairway (channel) designation
                 with fairways running perpendicular to and from the shoreline.
                 Additionally, mooring areas have been designated along the River.
                 The Water 'Use Plan also calls for the establishment of minimum
                 setbacks between structures on the River.

                      Presently, the Merrimack River contains a federal channel
                 which does not coincide exactly with the navigable channel.         The
                 U.S. Coast Guard marks the navigable channel through the placement
                 of buoys in the middle of the deepest part of the designated
                 federal channel. This federal channel also contains a very large

                                                   86

           Newburyport Harbor Commission                                   June, 1989
           Management Plan

              turning basin which runs just east of the Gillis Bridge to just
              beyond the easterly boundary of the American Yacht Club.           The
              turning basins vary in width from a maximum of 600 feet to 400
              f e e t .

                   Because the federal channel is not necessarily the navigable
              channel, there is a need to designate the navigable channel as
              such.  The designation of local fairways to, from and along the
              shoreline to the channel is very important in order to maintain
              proper ingress and egress to the channel and along the shoreline.
              Such a designation would prohibit the placement of moorings
              and/or docks and would ensure the continued access to and from
              the channel.

                   The U.S. Army Corps of Engineers has a policy at present
              that no commercial structures may be placed in either a federal
              channel or turning basin.     New structures can be placed in the
              fairway paralleling the shoreline as long as the fairway can be
              relocated to the channel side of the structures. The abandonment
              or retention of the federal turning basin must be evaluated as to
              its impact on the boating public.

                   Two access/egress fairways are designated in the central
              waterfront area with one 200 foot wide fairway in front of the
              Custom House Maritime Museum. and a 400 foot wide one in front of
              the U.S. Coast Guard Station.

                   A parallel fairway is designated in the central waterfront
              area to relieve congestion and help ease the difficulty of maneuvering
              in the moorings. Neither parallel nor perpendicular fairways are
              designated upriver because of the relatively low amount of public
              use areas.   In the future. the designation of both perpendicular
              and parallel fairways may also be needed in this area.

                   While the function of the federal turning basin maneuvering
              area for very large ships is no longer valid, the Newburyport
              Harbor Commission does not recommend abandonment of this area at
              the present time.    In addition, by virtue of the turning basin
              being under federal jurisdiction, the ability to have the area
              dredged in the future could be seriously compromised if the
              Commission abandoned the turning basin.

              Shellfish

                   Areas which should be protected for shellfish resources have
              been shown on the Water Use Plan.       The placement of structures
              such as docks, pilings, breakwaters,- groins and seawalls should
              not be placed in the shellfish area. Limited uses and structures
              may be placed in the salt marsh areas as long as resource impacts
              are minimal and no feasible alternatives exist.

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               Salt Marsh

                    The Merrimack River contains extensive areas of salt marsh.
               Some salt marsh areas are located on or adjacent to existing
               marinas.    Some of the salt marsh areas have been transported
               during the spring through ice or water movement from upriver
               islands and shorelines.

                    Massachusetts General Laws Chapter 131,       Section 40, The
               Wetlands Protection Act, regulates work done in and around
               wetland areas.   This law is enforced via regulations promulgated
               under CMR 310 paragraph 10.00.

                    Paragraph 10.32 of CMR 310, regulates activities resulting
               in the "dredging, filling, removing or altering" of salt marsh
               areas. This section basically mandates that salt marsh shall not
               be destroyed or altered nor shall the productivity of a salt marsh
               be destroyed or adversely affected.  The regulations do not: provide
               any threshold, but rather, they simply prohibit any modification
               to salt marsh (with the exception of individual catwalks). The only
               method available to a property owner to alter or destroy any existing
               salt marsh is to petition for a variance as allowed under paragraph
               10.36. The variance process is presently estimated by the Department
               of Environmental Protection (DEP) to take in excess of two years.
               Furthermore, the regulations state that a variance should only be
               granted in rare cases when the public need is overwhelming.
               Additionally, prior to requesting a variance, the applicant must
               f irst f ile a Notice of Intent with the local Conservation Commission,
               have the project denied, request a Superseding Order of Conditions
               and be provided the opportunity to have an adjudicatory hearing.
               It is only at this point in the process that a request for a
               variance may be filed with the Commissioner of DEP.

                    By a literal reading of these regulations, it is apparent
               that any existing salt marsh growing in, near or around any
               existing marinas must remain in its present state, regardless of
               where the salt marsh is located in proximity to the needed work,
               or how small an area of salt marsh is in question. The City has
               also found, through experience, that it makes no difference if the
               salt marsh is native to the site or if it was recently transported
               by ice floes.

                    The Harbor Commission considered the potentially conflicting
               policies of encouraging the expansion of marine dependent/related
               activities while also protecting the important salt marsh resources
               of the Merrimack River. Based on these discussions, areas of the
               City have been mapped to indicate where the salt marsh should be
               protected and areas where salt marsh is interfering with existing
               operational and expansion needs of marine dependent uses.

                    Existence of salt marsh in a marine dependent facility could
               have an adverse effect on the economic viability of the continued
               existence and expansion of these types of land uses.     To resolve

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             this potential problem, the Harbor Commission plans to file a
             Notice of Intent with just cause with the local Conservation
             Commission and request that a determination be made as to whether
             the salt marsh resource areas found in the marine dependent areas
             of Newburyport are insignificant to the interests outlined in CMR
             310 10.32   (1)  (to the protection of marine fisheries, wildlife
             habitat and the protection of land containing shellfish, prevention
             of pollution or storm damage prevention and ground water supply).

                   The reasons it is presumed that the ice borne, water borne
             and isolated areas of salt marsh are insignificant to the resources
             outlined are as follows:

             a.    The growth, composition and distribution    of these isolated
                   areas of salt marsh, separated from much    larger salt marsh
                   systems and relatively isolated, are not conducive to the
                   production of large amounts of organic      matter and do not
                   significantly contribute to the export of detritus and dis-
                   solved organices to the Merrimack River.     Because of this,
                   these resources are not significant food webs supporting marine
                   orine organisms, including finfish and shellfish as well as
                   bird species.   There are much larger, more extensive areas
                   of salt marsh both upriver and downriver from the central
                   waterfront which contain significant salt marsh resources.

             b.    The isolated areas of salt marsh are too small to provide
                   significant spawning and nursery habitat for various forage
                   finfish nor do they provide important food, shelter, breeding
                   areas, or migratory and overwintering areas for many wildlife
                   s p e c i e s .There are extensive areas of salt marsh in the
                   Merrimack River   and Plum Island Sound which provide food,
                   shelter, breeding and migratory habitat for various wildlife
                   species.   There is a National Wildlife Refuge located on
                   Plum Island which was created for this purpose.

             C.    These areas do not affect the flow and level of tidal and
                   fresh water protection nor do they significantly prevent
                   pollution. The isolated salt marsh areas are located in the
                   developed portion of the City of Newburyport's waterfront.
                   Due to their small size, they do not absorb significant
                   amounts of chlorinated hydrocarbons, heavy metals or retain
                   nitrogen and phosphorous.

             d.    The presence and depth of peat in these areas is significant
                   due to their small size and the fact that the majority of
                   the salt marsh has been ice borne or water borne to a non
                   peat environment.     Thus, these areas do not protect the
                   ground water supply, prevent pollution and/or provide storm
                   damage protection.     The isolated salt marsh areas - are so
                   small that the underlying peat does not serve as a barrier
                   between f resh ground water landward of the salt marsh and
                   the ocean and therefore does not contribute to maintaining
                   the level of such ground water. Rather, the existing bulkheads

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              Newburyport Harbor Commission                                   June, 1989
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                      and other waterfront structures serve as the barriers between
                      fresh water and ground water and the ocean waters.

                e.    The majority of the salt marsh is located in areas where the
                      shoreline is altered.    Given this. the salt marsh does not
                      act as a dissipater of wave energy. This function is performed
                      by the altered shoreline which serves as the buffer reducing
                      wave damage.

                      CMR 310 10.32 (3) allows the local issuing authority to make
                such a determination on what is known as Form Seven (7) and the
                determination must be filed with the regional office of DEP on
                the date of issuance.

                      In making a written determination to such effect, the
                Conservation Commission will be asked to detail the specific
                geographic areas where the salt marsh may be determined insignificant
                to the protection of the resources outlined in CMR 310 10.32 (1).

                      In general, it is the Harbor Commission's opinion that the
                area includes the City of Newburyport waterfront 1 and waterfront
                2 zoning districts which extend from the west end of the seawall
                on Water Street to Jefferson Court off Merrimac Street and encompass
                the marine based land use and economy of the community.

                      The Harbor Commission will work with the Conservation Commission,
                the Department of Environment Protection and Massachusetts Coastal
                Zone Management in developing local performance standards to
                allow the modification of salt marsh in these areas. Such perf ormance
                standards will ensure that any alteration, dredging or removal of
                salt marsh in these areas will require the transplanting or
                replication on a 1:1 basis at a designated location in the Merrimack
                River.   The Harbor Commission will propose that the alteration,
                dredging or removal of salt marsh be allowed under the following
                circumstances:

                1.    When the salt marsh has been ice borne and/or water borne
                      and has been deposited at an operating marine dependent
                      business or in municipal marine dependent use areas; or

                2.    When an established isolated salt marsh interferes with the
                      regular day to day operation or seasonal maintenance of
                      existing marine dependent businesses or municipal marine
                      dependent use areas (such as under or in travel lift slips,
                      embayments, launch ramps and along bulkheads which require
                      periodic maintenance dredging); or

                3.    If water borne, ice borne or established isolated salt marsh
                      interferes with the plans for a new marine dependent business
                      or existing marine dependent business which desires to expand.

                      Furthermore, the Harbor Commission intends to pursue the
                development of a state policy with the DEP and CZM which would

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             allow the removal and/or transplanting of migrating salt marsh
             from marine dependent areas to a designated salt marsh replication
             area somewhere in the Merrimack River.

                   The Water Use Plan (Map 13) indicates those areas in Newburyport
             where the Harbor Commission believes the alteration of salt marsh
             is inviolate and cannot occur for any reason except those associated
             with navigational safety or shellfish resource needs. The Map also
             indicates the geographic area where the request for determination
             will be made as to whether the salt marsh is insignificant to the
             protection of resources outlined in CMR 310 10.32 (1) when the
             alteration of such areas is necessary for the protection of existing
             marine dependent uses and, under certain circumstances, the ex-
             pansion of existing and development of new marine dependent uses.

             Use Areas

                   Special use areas have been shown on the Water Use Plan
             including the use of the Joppa Flats area for sailboarders, an
             area for dinghy docks and an area for transient moorings.

                   The municipal /commercial f ishing f acility, now being constructed,
             is located on the downtown waterfront and is designated as the
             fishing complex. Finally, various mooring areas are also designated
             on the Water Use Plan.

             Moorings

                   While the City has more than an adequate supply of mooring
             space, the ancillary facilities are inadequate in some cases.
             The City presently has two public launch ramp facilities for car
             trailer boat users, one at Cashman Park and one at the seawall.
             The ramp at the seawall can only be used at high tide. There is
             a need for skiff areas and ramps for skiffs for people who have
             their boats moored and do not belong to a private club which
             provides ferrying and/or ramp service.         While the potential for
             the expansion of moorings in the Plum Island Basin is great,
             there is virtually no land side facility for people to use to
             access the moorings.      Future boat ramp/parking facilities should
             be evaluated at Plum Island Point and in the vicinity of the
             downtown area.     The windsurfers are also in need of an improved
             parking area and    float system to provide access to the water.

                   Plum Island   and Basin

                   There are public moorings located eastward to the old U.S.
             Coast Guard Station up to Ball Flats off Old Point and into the
             basin to the Newbury line.

                   The parking area at Plum Island Point has public access and
             parking for inflatable type or car top boats. but not for trailers.
             There is no launch facility currently in this area, but the
             development of one in the future is desirable.           The City should

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             Newburyport Harbor Commission                              June, 1989
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               work with the state to evaluate the possibility of using this
               area for construction of a state ramp.

                    Utilization of Plum Island Basin for moorings has been light
               with approximately 75 moorings.      With proper management, the
               number of moorings could be doubled. Protection is excellent for
               boats 30 feet and under.

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          Newburyport Harbor Commission                                   June, 1989
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                  American Yacht Club

                  This mooring area could accommodate a few public moorings,
            however access is limited.        This area could accommodate up to
            twenty more moorings if members requested such use.

                  Due to the bulkheads, salt marsh and shallow water, this
            general area is not adequate for the construction of a launch
            f acility .  A possible location for the future construction of a
            launch ramp would be for the City to gain permission to use the
            Mass Electric bulkhead area.. A launch ramp could be cut into the
            bulkhead for use by the public.

                  Central Waterfront

                  The area from Mass Electric on the eastward to the westward
            side of the central waterfront could accommodate a great number
            of additional public moorings. There are approximately 30 moorings
            in the area now and with proper management, another 30 moorings
            could be accommodated.      This area is especially suited to large
            boats which have difficulty pessing under the Gillis Bridge.
            This area can also accommodate commercial boats off the
            municipal/commercial fishing facility. Parking and public access
            are excellent. This area appears to be underutilized.

                  Hilton's/Wip-dward Yacht Yard

                  This area from the western end of the central waterfront to
            the Gillis Bridge is full with approximately 30 moorings of
            larger boats serviced by the two marina facilities with a few
            public moorings interspersed. There is no public parking in this
            area.

                  Cashman Park

                  This area has approximately 100 public moorings and could
            easily accommodate 50 more.        It has public parking and public
            access.   Smaller boats which have shallow draft and can go up-der
            the Gillis Bridge can best utilize this area. A float should be
            built for the existing pier to allow boats to load and unload
            passengers.

                  North End Boat Club

                  This area has limited public access and now accommodates
            only a few public moorings. This area is basically full with the
            60 moorings of the Boat Club.

                  City Boat Works

                  The area from City Boat Works westward to the 3R Marina has
            both public and commercial moorings.            City Boat Works has
            approximately 40 moorings, 25 of which belong to the City Boat

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              Newburyport Harbor Commission                               June, 1989
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                Works, in front of their property. The upriver area is available
                for public moorings but with very limited access and no parking.

                     3R Marina, Merri-Mar Yacht Basin and Yankee Marine

                     These three marinas have a combined total of 70 moorings.
                This space is completely utilized. by the marinas as there is no
                public access or parking.    Westward of Yankee Marine there are
                several public moorings at the foot of Jefferson Court where
                there is public access but little or no parking.

                     Guest Moorings

                     Approximately 20% of the boats which are moored are off
                their moorings at   any given time.     The Harbormaster usually
                contacts private marinas to determine availability of moorings
                when guests arrive.   If the marinas have available moorings, the
                Harbormaster will then assign these moorings as guest moorings.

                     There is also a privately owned guest mooring in the central
                waterfront which the owner allows the Harbormaster to use gratis
                for guest.   There is presently no problem with assigning guest
                moorings and there should be no problem in the foreseeable future.

                     Moorings Summary

                     All slip space is presently full.      Any expansion of slip
                space would reduce mooring space.   It would appear that from 150
                to 200 additional public moorings could be placed in the River.
                The Harbormaster's Office has granted requests for moorings in
                the past and there is no waiting list at the present time.

                Dinghy Docks

                     The City needs to create facilities for dinghy docks in at
                least two locations -- Cashman Park and the central waterfront.
                Some of these spaces should be reserved for transients.          In
                addition, public moorings should be acquired and installed for
                transient use in both of these locations.

                     The Harbor Commission is recommending the use of the central
                waterfront embayment area for the installation of a dinghy dock
                facility.

                     With the installation of three (25 foot by 8 foot) floats,
                approximately twenty skiffs could be accommodated in this area.
                A fee structure would be instituted for seasonal and transient

                use.

                Holding Tank Pump Out Station

                     To encourage development of marine recreational facilities
                including a holding tank pump out: station, the Harbor Commission

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         Newburyport Harbor Commission                                  June. 1989
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           is recommending that a holding tank pump out station be included
           in the area of the central waterfront near or at the municipal/
           commercial fishing facility. The installation of such a facility
           cannot be accomplished until a sewer system is present in the
           area.

           Sailboardin

                 There is an organized sailboarding association group for the
           Merrimack River which has published a pamphlet and recommended
           areas for conducting this sport.      Areas should be designated on
           the Water Use Map which encourage the use of these areas by
           sailboarders.

           Commercial Fishing Needs

                 The most pressing need of Newburyport's commercial fishing
           fleet is the provision of a winter berthing area.        The  City is
           actively pursuing additional funding to complete this         project
           which was approved by the state in 1988. The completion       of this
           facility will provide a sheltered berthing area for           nine to
           twelve vessels, parking and a load ing/unloading dock area which
           will satisfy the present needs of the fleet.

                 Depending upon the success and growth of the commercial
           fishing fleet, future facility needs may include another unloading
           facility with adequate booms, an area for separating, handling
           and trucking the catch and the provision of ice facilities in the
           immediate area or the ability for trucks to deliver ice to the
           vessels at an ice loading area.

                 An additional future need will be a designated tie up area
           for repairs so vessels will be accessible for welding, mechanical
           repairs and other maintenance activities.

                 The development and expansion of the private sector co-op
           concept is encouraged.   The co-op concept seems to be very suitable
           to the commercial fishing industry as the rules, regulations and
           prices are established by the users. Under this type of a cooperative
           program, facility expansion takes place as it is necessary and
           warranted.

                 Additionally, charges to the fishing industry are minimal
           and excess profits are returned to the members. The co-op concept
           also creates a self-policing attitude where producers are welcome
           and people who lack appropriate motivation fall by the wayside.
           The biggest benefit to the public is that a public subsidy is not
           necessary. and consequently, if the operation or facility is not
           profitable or no longer feasible, then other private ventures can
           intervene without the problems of up-front capital expenditures.

                 The commercial fishing industry in New England-is no longer
           in a growth pattern and stock assessments and yield projections

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               Newburyport Harbor Commission                                     June, 1989
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                  point to a decline in the industry in the foreseeable future.
                  The Newburyport fleet, however, in terms of both human and material
                  resources is in a position to better weather an industry decline
                  than many other New England ports of this size or larger.           This
                  is due primarily to the aggressive nature of many of its captains
                  and the conditions of the fleet.

                  Passenger Boat Facilities

                       The passenger boat industry in Newburyport is it, need of
                  additional docking space.      The possibility of creating a public
                  area for passenger boat berthing and loading/unloading passengers
                  should be analyzed.     The proposed fee/lease/management structure
                  would have to be investigated to parallel the commercial marinas.

                       For a variety of reasons relating to tourism and economic
                  viability, the ideal location for a public passenger boat facility
                  is in the vicinity of the central waterfront.         Off-site parking
                  would be necessary for the facility.

                  River Cruises

                       In other parts of the county, areas with calm, protected
                  waters (such as the Merrimack River between Newburyport and
                  Haverhill) have experienced a dramatic increase in tbt-
                  dinner/ s ight seeing/ cruising industry.   Although it would take a
                  great effort in dollars to complete such an ambitious project,
                  tourist dollars have historically, proven to be a good investment.
                  With the increased awareness of our natural resources and public
                  access to water a priority, this project should be addressed.

                       The City of Newburyport should work with other communities
                  to encourage the state and federal governments to conduct a
                  feasibility stu-dy of such an undertaking. Issues which should be
                  addressed in the study include: a projection of use; the need to
                  construct public loading facilities at each end of the trek;
                  potential sites for such loading areas; a cost pro           ection of
                  dredging andancillary facilities; identification and cost projection
                  for mechanizing or changing the characteristics of the Deer
                  Island Bridge; and an estimate of additional marine services and
                  land areas which would be needed.

                  Water Quality

                       The City should encourage the      identification of sources of
                  water pollution and develop methods     to improve the water quality
                  of the harbor.     For example, the installation of a municipal
                  holding tank pump out station at        the new municipal/commercial
                  fishing facility could alleviate       some of the problems created
                  through improper waste disposal by recreational boaters.

                       Local, federal and state agencies should be encouraged to
                  work in collaboration to better monitor compliance with sewage

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         Newburyport Harbor Commission                                June, 1989
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           treatment plants and encourage regional cooperation in management
           and enforcement of sewage treatment plant discharges. As part of
           this ef fort, the City should continue its program of monitoring
           the industrial wastes entering the Sewage Treatment Plant.

           Proposed Facilities

                 Proposed facilities are shown on Map 12. The Water Use Plan
           calls for the evaluation of the potential use of Cashman Park as
           a passenger boat facility.   The future potential use of the Mass
           Electric property west of the U.S. Coast Guard Station as an area
           for smaller classed boats under 25 feet or for passenger boats is
           also recommended.

                 Three additional launch ramps, two at Cashman Park and one
           at Maudsley State Park, are described in the Plan. Two potential
           areas for dinghy docks are proposed, one at the central waterfront
           embayment area and the other at Cashman Park.

                 In addition, two possible locations of a pump out facility
           are designated on the Land 'Use Map (Map 12). one at the proposed
           municipal/commercial fishing facility and another in proximity to
           the sewage treatment plant.

                 An additional or improved ramp/parking facility for the clam
           diggers needs to be developed on the northern tip of Plum Island
           and/or in the vicinity of the Plum Island Turnpike in Newbury.

                 The Water Use Plan also calls for additional moorings for
           transients at the central waterfront, Cashman Park and Maudsley
           State Park.

           DREDGING PLAN

           Public and Private Marine Dependent Facilities

                 Under this section, an inventory of the existing commercial
           and public marine facilities and services and their expansion
           needs including the short and long term mairtenance and new
           dredging needs, have been identified.

                 The specific dredging projects which are described include
           projects necessary for navigation through the channel, projects
           which by enhancing navigability would result ir opening new
           economic markets and projects which would     accommodate existing
           and future berthing and/or mooring of boats.

                 In arriving at the Dredging Plan, past  dredging activities,
           the projected need for expansion of existing  facilities, the need
           for new or re-use projects, an assessment     of existing problems
           with navigation and new areas for dredging were analyzed.

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               Newburyport Harbor Commission                                     June, 1989
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                       The Newburyport Harbor Commission believes very strongly
                  that the existing marinas and mari  'ne dependent uses in Newburyport
                  must be allowed to maintain and under certain circumstances,
                  expand their facilities, even if it means that alteration or
                  dredging of salt marsh areas must occur.         The City must ensure
                  that these vital industries, critical to the economic development
                  and stability of Newburyport, are able to stay in business.

                       On the Water Use Plan (Map 13) , the areas where a request
                  for determination will be made as to whether that salt marsh is
                  insignificant to the protection of resources outlined in CMR 310
                  10.32 (1) have been shown.

                  Dredging Needs

                       Private Dredging Needs

                       A traditional activity at many private marinas is the occasional
                  maintenance dredging and dredging for expansion. However, most marina
                  owners in Newburyport are reluctant to go forward with their dredging
                  plans due to the expensive, lengthy and bureaucratic procedures one
                  must undertake to receive all the necessary permits . As waterf ront
                  sp e c ial is t Neil Ros s ha s pu t it , "Envi ropmen t al r egula t o ry c on s t ra int s
                  in some areas have severely curtailed maintenance dredging of
                  existing marinas ... To expand you may have to resort to 'midnight
                  dredging, I or sell out for land development, or go out of business.,,20

                       Marina owners also point to the lack of an approved disposal
                  site within close proximity to the mouth of the River as a critical
                  cost obstacle which is a significant barrier to performing the
                  necessary dredging. The major factor which has led to an accelerated
                  schedule of maintenance dredging needs was the construction of
                  the Gillis Memorial Bridge in the 19701s. Prior to construction
                  of the bridge, maintenance dredging downriver was needed only
                  every ten or more years.        Construction of the bridge however,
                  changed the direction of the flow of the Merrimack considerably
                  in this area. Along with the change in flow, there is a problem
                  on the southerly side of the River extending from the bridge to
                  the City's central waterfront.      A back eddy has been created by
                  the bridge during an outgoing tide which has caused excessive
                  siltation and has created a continual maintenance dredging problem
                  for several facilities in this area.

                       The Harbor Commission polled the existing marinas to determine
                  their immediate and long term dredging plans.         These needs are
                  outlined by facility as follows:

                       o Yankee Marine

                       Yankee Marine is in need of maintenance dredging in the

                       20  Keeping Afloat Amidst the Gales of Regulation 1986, p. 15.

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          Newburyport Harbor Commission                               June, 1989
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            vicinity of its travel lift.    At low or half tide, this marina
            cannot haul or launch some boats which use this service.        The
            dredging area is approximately 100 feet by 100 feet to a depth of
            2 to 3 feet or 1,111 cubic yards.

                 o Merri-Mar Yacht Basin

                 Merri-Mar is not in need of any maintenance dredging at this
            time. However, Merri-Mar would like to expand which would involve
            dredging an old embayment area approximately 200 feet by 210 feet
            to a depth of nine feet or 14,000 cubic yards.

                 o 3R Marina

                 3R is not in need of dredging at this time.

                 o City Boat Works

                 There are no dredging plans for this facility in the near
            future. There are plans, however, to connect two facilities with
            the construction of a bulkhead, and to reconfigure the float
            system.

                 o North End Boat Club

                 North End Boat Club needs maintenance dredging near its
            docks. The estimated area is 100 feet by 60 feet by 3 to 4 feet
            deep or approximately 670 cubic yards.

                 o River's Edge

                 Given that this is a new marina which is located west of the
            Route One Bridge, there should be no need for dredging in the
            near future.

                 o Tournament Wharf

                 This facility is not in need of any dredging at this time.

                 o Windward Yacht Yard

                 The Windward Yacht Yard needs maintenance dredging near its
            travel lift and around the service dock.     There are areas near
            the dock that are totally submerged at low tide. The approximate
            area is 50 feet by 100 feet to a depth of 3 feet or approximately
            560 cubic yards.

                 o Hilton's

                 The embayment area is in need of dredging in an area 150
            feet by 100 feet to approximately 3 feet in depth or approximately
            1,666 cubic yards.

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              Newburyport Harbor Commission                                June, 1989
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                     o Potential Re-Use Areas

                     The area which extends from the American Yacht Club to the
                central waterfront is primarily devoted to non-water dependent
                uses with the exception of the U.S. Coast Guard Station, the
                Yacht Club and Tri-Coastal.      In general, these areas will. not
                need dredging should marine dependent uses locate there.

                     o Long Term Future Potential Re-Use Areas

                     There is a vast area east of the American Yacht Club
                (approximately 1000 to 1500 feet of waterfront), which if dredged,
                could create an entirely new area for marine complexes with
                nearly 50 acres of water area and ten acres for upland service.21

                     While such a project would not be expected to epe-roach on
                clamming areas, there is a vast amount of salt marsh which has
                located in this area over the past ten years.

                     o Total Private Dredging Needs

                     The private maintenance dredging needs total approximately
                4,000 cubic yards of material (not including the American Yacht
                Club).   The private dredging needs for expansion total 14,000
                cubic yards. At this time, there are too many unknown factors to
                estimate the future potential dredging for new developments.

                     Public Dredging Needs

                     o The Outer Channel

                     The only public area of the Newburyport harbor which has
                been dredged in the past 25 years is the outer entrance channel,
                a designated federal channel.

                     The channel experiences shoaling.     A study which involved
                the creation of a model of the dynamics of the Merrimack River to
                determine the means to reduce the need for triannual dredging was
                completed by the U. S. Army Corps of Engineers in the late 1970's.
                In summary, the analysis revealed that the most cost effective
                method was to continue the mainterarce dredging of the channel.
                The study found that other structural changes to the channel were
                cost prohibitive and might riot result in a reduced schedule of
                maintenance.

                     Dredging a deeper channel, realigning the jetties and changing
                the channel configuration were among the structural alternatives

                     21   Massachusetts Department of Community Affairs Planning
                          and Developing Small Harbor Areas.

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           Newburyport Harbor Commission                                     June, 1989
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             which the model evaluated.

                   The U. S. Army Corps of Engineers concluded that the best
             program to ensure the safe navigation of the outer channel of the
             Merrimack River is to dredge the area once every three to five
             years.

                   The material which is dredged is a clean, coarse, silty
             sand.   The various state and federal environmental agencies have
             imposed several conditions on the dredging operation over the
             years, most importantly, the approved dredging window which
             extends from November through March.

                   o The Merrimack River Project

                   The Merrimack River Project is presently being re-surveyed
             by the U. S. Army Corps of Engineers. While the outer channel of
             the Merrimack River continues to experience the need for maintenance
             dredging on a triannual basis, the Merrimack River channel has
             rot been dredged since the early 1900's.         Dredging of this area
             would provide a pleasant navigation channel upriver to Haverhill
             and wo.uld boost the tourist industry in communities which bost
             unloading/off-loading facilities.

                   Should these areas be dredged, an analysis would have to be
             made to determine whether future shoaling would occur and how
             often maintenance dredging would need to occur. In addition, the
             costs and methods of disposing dredged material would have to be
             investigated.

                   o Plum Island Basin

                   Plum Island Basin could be dredged to accommodate additional
             moorings. The number of moorings presently in the Basin could be
             doubled however, without dredging.

                   In addition, the dredging of this Basin could have adverse
             effects on the flow of the Merrimack River and over time, could
             result in the breaching of Plum Island.         As a result, no plans
             for dredging this area are recommended at this time.

                   o Public Use of Massachusetts Electric

                   If the City acquires the waterfront portion of the property
             in and around Mass Electric, the area may have to be dredged to
             some extent, but probably no more than a total of 1,500 cubic
             yards.

                   o Cashman Park

                   The Plan also calls for the long term potential to dredge in
             front of Cashman Park.      If dredged, this area could be used for
             berthing of passenger boats ard/or for the creation of a municipal

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              Newburyport Harbor Commission                                   June, 1989
              Management Plan

                marina.   Approximately 4,500 cubic yards of material would need
                to be dredged for an area 200 feet by 100 feet.

                      o Maudsley State Park

                      The state may need to dredge if water access to the Park by
                floats and ramps is desired.

                      o Central Waterfront Embayment Area

                      If this area is used for floats and skiffs only, dredging
                will not be necessary. If larger boats are to be berthed there
                dredging will need to occur in the- next f ew years for a total of
                approximately 1,000 cubic yards.

                      o Municipal/Commercial Fishing Facility

                      The City, with receipt of state grant funds, is now constructing
                the municipal/ commercial fishing facility just east of the central
                waterfront.   Part of this project involves the dredging of 4,800
                cubic yards of material to create an embayment area for the
                fleet.

                      o Total Public Dredging Needs

                      The identified future municipal dredging needs total
                approximately 11,800 cubic yards of which only 4,800 have been
                targeted to occur by the end of 1989.

                      The maintenance dredging of the fedpral channel should
                amount to anywhere between 100,000 and 150,000 cubic yards every
                three to four years (Appendix 9).

                      Dredging Methods and Disposal Alternatives

                      o Small Scale Dredging

                      The various marinas in Newburyport have traditionally used a
                clam shell bucket to dredge their facilities. The dredged material
                would then be deposited on land and undergo a de-watering process.
                Upon completion of the de-watering process, the material would
                then be transported to the local landfill. For smaller projects,
                the clam shell dredge is still the preferred method for dredging.

                      o Federal Project Dredging

                      Dredging of the outer entrance -channel of the River has
                historically been accomplished by a small class, self -propelled ,
                government hopper dredge.     The hopper dredge does not have to be
                anchored and as a result, is better suited to the swells and
                severe waves characteristic of this area.

                      Most hopper dredges and bucket dredges do not have a "pump

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           Newburyport Harbor Commission                                      June, 1989
           Management Plan

              out" capability which precludes disposal of the material as beach
              nourishment.    Some hopper dredges do have a pump out capability,
              but the U. S. Army Corps of Engineers has not used this system
              due to the additional costs incurred and the time required to
              pump out as opposed to discharging sand from the hoppers at sea.
              In a letter dated April 13, 1983, the U. S. Army Corps of Engineers
              stated to the National Marine Fisheries (NMF) Service, that
              should such an option become a reality, that the Corps policy
              requires that local interests -- in this case the City of Newburyport
              -- provide cost-sharing funds equal to the additional costs
              incurred to pump out the sand onto the beach.

                    The hopper dredge is still the preferred dredging method.
              The City agrees with many other agencies that funding provided,
              the dredge should have a pump out capability so that the material
              cap be deposited onshore.

                    o Disposal Alternatives

                    The maintenance dredging activities at the outer channel of
              the Merrimack River have, since 1961, been deposited offshore,
              eastward of Plum Island (Map 14).       From May. 1961 to May. 1981,
              975,000 cubic yards were deposited in this location which is in a
              direct line with the mouth of the Merrimack River and in a dispersal
              zone.   The state and federal reviewing agencies believe that the
              dredged material may be transported back to the channel as a
              result of the tides and currents at sea, in connection with this
              proj ect .  These agencies have contended that if the dredged
              material is migrating back into the channel, it may be advisable
              to move the disposal site eastward of the harbor entrance so that
              the major portion of the material can be dumped in waters deeper
              than 85 feet.    This could lessen the possibility of channel-ward
              movement of dredge spoils.

                    Historically, material dredged from the entrance channel has
              been disposed of offshore in 70 to 90 feet of water.            In 1983,
              the U. S. Army Corps of Engineers changed the location of the
              disposal site and disposed the 120,000 cubic yards of the dredged
              material by dumping in "windows" parallel to the northern 1 1/2
              nautical miles of Plum Island Beach in depths of water varying
              f rom 18 to 3 0 f eet at mean low water.        Since 1977, the U. S.
              Department of the Interior, Fish and Wildlife Service, Ecological
              Services. has been on record recommending that the dredged material
              be used as beach nourishment.        Beach nourishment is consistent
              with Massachusetts Coastal Zone Management (CZM) Policies.

                    In January of 1986, the U. S. Department of the Interior,
              Fish and Wildlife Service, again went on record stating that
              their preferred disposal site for dredged material is above the
              mean water line on either Salisbury or Plum Island Beaches. This
              disposal option would require changing the dredging dates to the
              November to March time period due to anadromous fish migrations.

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             Newburyport Harbor Commission                                  June, 1989
             Management Plan

                     Because little data on currents, near shore sediment motion
               or wave climate is available for Salisbury Beach, the U. S. Army
               Corps of Engineers disposed the dredged material offshore of Plum
               Island in 1987.

                     Dredae-Disposal Recommendation

                     o Large Scale Dredging

                     The City agrees with the federal and state governments that
               a suitable site offshore on Salisbury Beach, north of the north
               jetty, should be evaluated for use as a disposal area.   In addition,
               the state should consider providing a cost sharing with the
               federal government to deposit the sand onto both beaches under a
               beach nourishment program.

                     o Small Scale Dredgirg

                     An approved ocean disposal site either near shore or nearby
               offshore should be provided for the smaller marine enterprises to
               deposit maintenance dredged materials.

               RESOURCE NEEDS/FISCAL PLAN

                     The following section OUtliVE?S a five year Resource Needs/
               Fiscal Plan based on the fiscal year beginning July 1, 1988
               (Fiscal Year 1989). This is the most vital portion of the entire
               Harbor Management Plan.      Through the iritial implementation. of
               this Plan, and continuous review and modificati.on on an annual
               basis by the Harbor Commission, the goals and objectives will be
               able to be realized.

                     The actions are organized by year and by cost and non-cost
               activities.     When the projects require funding, the costs and
               sources of fur-ding are identified wben krown.     Some actions (both
               cost and non-cost) will occur on a one time basis and others will
               occur annually.

                     The Harbor Commission will be the primary force in implementing
               this Plan.    Many of the actions will require the Commission to
               petition other Boards and Commissions for legislative amendments,
               fiscal appropriations ard the preparation of grant applications.

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           Newburyport Harbor Commission                                    June, 1989
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                    RECOMMEMDED ACTIOM, COSTS, SOURCES OF FUNDING AMD YEAR

              Annual Non-Cost Action Items

              1.    Encourage appropriate local and state agencies to conduct
                    investigatory studies to identify sources of pollution that
                    affect the Merrimack River. (NR 1-1.1)

              2.    Based on the results of those studies, the Harbor Commission
                    will advocate for the necessary corrective actions to be
                    taken.  It is expected that these actions will improve the
                    water quality of the harbor. (NR 1-1.2)

              3.    The Harbor Commission will work with other local Boards and
                    Commissions to develop a. local system for monitoring compliance
                    with conditions placed on environmental permits.     This system
                    will then be recommended to the City Council for adoption.
                    (NR 1-1.3)

              4.    The Harbor Commission will seek to work with regional and
                    state agencies to advocate the construction and proper
                    operation of municipal and industrial sewage treatment
                    plants. (NR 1-2.1)

              5.    The City should continue its program of monitoring the
                    industrial wastes entering the Sewage Treatment plant. (NR
                    1-2.2)

              6.    In addition, direct waste discharges should be investigated
                    and necessary corrective actions taken as needed. (NR 1-2.3)

              7.    Through this effort, it is anticipated that the water quality
                    of the Merrimack River will be enhanced and improved. (NR 1-
                    2.4)

              8.    The Harbor Commission will support periodic monitoring by
                    the state's Department of Public Health and Division of
                    Marine Fisheries to sample and test the quality of the fish
                    and shellfish in the Merrimack River harbor area. (NR 1-3.1)

              9.    The Merrimack River Basin provides an ideal habitat for
                    hundreds of species of fish and fowl. Over time, the natural
                    state of the area has been degraded by land use policies,
                    industrial development and modern-day contaminants.           The
                    Harbor Commission will seek to preserve the remaining natural
                    areas and to protect from further misuse, those areas which
                    have experienced encroachment. (NR 1-4.1)

              10.   Future development which protects existing marine dependent
                    use will continue to be promoted. Development projects will
                    be reviewed with regard to their impact on existing and
                    future marine use.      Existing land use controls will be

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             Newburyport Harbor Commission                                   June, 1989
             Management Plan

                     modified as appropriate to impose view corridors, height
                     restrictions, public access and parking.       A limited number
                     of non-marine dependent uses of the waterfront will be
                     encouraged when it is necessary to support the development
                     of marine dependent uses such as boatyards or public access.
                     (LU 1-1.1)

              11.    The U.S. Coast Guard Station, the Sbellfish Purification
                     Plant and Tri-Coastal Co-op are essential to provide safety
                     for the general boating public and to maintain the commercial
                     fishing and shellfishing industries.     They will be encouraged
                     to expand in the City of Newburyport. (LU 1-3.1)

              12.    Uses which are not compatible with the waterfront will be
                     encouraged to be moved to other, more suitable locations.
                     (LU 1-6.1)

              13.    Abandoned structures will be reviewed for possible transformation
                     into water dependent/marine related facilities. (LU 1-6.2)

              14.    Continue to work with the state and federal governments in
                     securing the proper and cost effective disposal of the
                     channel dredged material. (N 1-1.2)

              15.    On an annual basis, the City should continue to work with
                     the U.S. Coast Guard to ensure the marking of the navigable
                     channel. (N 1-3.1)

              16.    Work with the U.S. Coast Guard to continue to ensure safety
                     of the water with the installation of aids to navigation. (N
                     1-3.2)

              17.    Encourage all new marina facilities or expansions at existing
                     facilities to design their ram.p/float system so that parallel
                     access along the River for passive boaters is provided. (RB
                     1-2.2)

              18.    The development of marine recreational facilities including
                     holding tank pump out equipment will be encouraged. (RB 1-
                     2.3)

              19.    Determine future service needs for the commercial fishing
                     industry and secure funds for their development.         Identify
                     funding for buildings, ice facilities and new land area if
                     the need arises in the future., (CM 1-1.2)

              20.    Encourage the development and expansion of the private
                     sector co-op concept. (CM 1-1.6)

              21.    Provide City assistance to the commercial fishing industry
                     by preparing permit applications and financing paperwork.
                     Support legislation on all levels that helps promote or fund
                     commercial fishing efforts. (CM 1-1.7)

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          Newburyport Harbor Commission                                   June, 1989
          Management Plan

            22.   The future development of a public passenger boat facility
                  with adequate parking and other services will be encouraged.
                  (CM 2-1.1)

            23.   The City should be encouraged to assume an advocacy role to
                  support the expansion or development of sound marina proposals .
                  (CM 3-1.1)

            24.   Support mixed use developments which incorporate marine
                  dependent uses. (CM 3-1.2)

            25.   Investigate the possibility of promoting off-site parking
                  for the entire waterfront area with a seasonal shuttle
                  service. (CM 3-1.3)

            26.   Help promote the installation and upgrading of environmentally
                  sound fueling facilities.      Make available the appropriate
                  regulations issued by the State Fire Marshal's Office for
                  marina developers. (CM 3-1.4)

            27.   The City should work towards introducing legislation which
                  would help eliminate environmental absolutes when such
                  regulations prove so restrictive that a marine dependent use
                  is prohibited. (CM 3-4.1)

            28.   The Harbor Commission will work with local. regional, state
                  and federal agencies to develop a plan for improving the
                  water quality of the River and identify those problems which
                  can realistically be addressed. (CM 4-1.1)

            29.   Encourage the  City, through its Department of Public Works,
                  to establish   a program for maintenance and management of
                  public parks   and facilities such as Waterfront Park and
                  Cashman Park.  (A 1-1.1)

            30.   Evaluate the   potential and develop a plan for re-use of
                  existing public areas to enhance their marine use. (A 1-2.1)

            31.   The City will seek to collaborate with the state's Department
                  of Environmental Management which controls Maudsley State
                  Park and the Trustees of Moseley Pines to increase and
                  enhance water related uses. (A 1-2.4)

            32.   The passive recreational use of the Parker River National
                  Wildlife Refuge will continue to be encouraged and the
                  Harbor Commission will investigate the joint use of the
                  proposed headquarters for the National Wildlife Refuge near
                  Rolfes Lane. (A 1-2.5)

            33.   The provision of public access in any new development or
                  redevelopment plans along the waterfront will be encouraged
                  with pedestrian walkways to and from the street and waterfront.
                  (A 2-1.1)

                                              107

             Newburyport Harbor Commission                               June, 1989
             Management Plan

              34.   The Harbor Commission will work with various public agencies
                    to develop and distribute as appropriate. general information
                    and educational pamphlets to the public.      These brochures
                    will include information on "laws of the waterways," use of
                    the facilities such as at the Parker River National Wildlife
                    Refuge and publicly owned facilities, and other environmental
                    and/or conservation oriented material to help educate the
                    public. (PA 1-1.1)

                                               108

          Newburyport Harbor Commission                               June, 1989
          Management Plan

            Annual Cost Action Items

            1    On an annual basis, the City's Harbormaster, with the cooperation
                 of the local f ishirg and passenger boat industries, will
                 perform an annual monitoring of the depth of the River and
                 make a request to the U.S. Army Corps of Engineers for
                 dredging assistance. (N 1-1.1)

            2.   Include an annual line item in the Harbormaster's budget for
                 landscaping, trash containers and street furniture. (A 1-1.2)

                                            109

              Newburyport Harbor Commission                               June, 1989
              Management Plan

                Fiscal Year 1989 Non-Cost Action Items

                1    one comprehensive set of harbor regulations will be developed
                     for the various use areas including general regulations and
                     special use areas; mooring regulations, Cashman Park, the
                     central docks and the municipal/commercial fishing facility.
                     (HM 1-2.1)

                2.   Develop and recommend adoption of regulations by ordinance to
                     the City Council. (HM 1-2.2)

                3.   Request the City Council to designate the Harbormaster
                     department, under the auspices of the Harbor Commission, with
                     management responsibility for the general harbor, moorings,
                     municipal/commercial fishing facility, central docks and
                     Cashman Park. (HM 1-2.3)

                4.   Draft an ordinance for submission to the City Council which
                     would require the deposit of all fees collected into the
                     Waterways Account.    Retain two separate accounts, one for
                     the Cashman Park ramp (which already exists) and one for all
                     other sources of income. (HM 2-1.1)

                5.   The City Council has approved a fee schedule for moorings,
                     slips and launches at Cashman Park. (HM 2-2.1)

                6.   The City Council has been requested to approve dock fees for
                     the central waterfront area. (HM 2-2.2)

                7.   As a result of these actions, a fee structure and management
                     collection process is now being fully developed. (H'M 2-2.4)

                8.   The Harbor Commission will contact area legislators to
                     recommend their support for passage of House Bill 2150,
                     which will provide necessary conservation officers to coastal
                     communities. (NR 1-5.1)

                9.   Designate areas on the Land Use Map which would allocate
                     land to assure adequate shoreside facilities for various
                     water dependent activities. (LU 1-2.1)

                10.  Designate a local 200 fool: wide navigable channel which
                     extends through the entire corporate limits of the   City. (N
                     1-5.1)

                11.  Designate a 100 foot wide fairway running parallel   with the
                     shoreline extending from the Gillis Bridge to the    American
                     Yacht Club. The fairway would be 100 feet wide and   would be
                     located on the channel side of existing, marinas.,     In the
                     vicinity of Hilton's and Michael's Harborside-V the fairway
                     would narrow to seventy five feet between the outside floats
                     and the mooring areas.     A seventy five foot turning area

                                                110

         Newburyport Harbor Commission                                 June, 1989
         Management Plan

                 would also be mairtained in front of Michael's Harborside.
                 (N 1-5.2)

          12.    Designate two fairways to provide access/egress from the
                 channel as follows: One 400 foot wide fairway in front of
                 the U.S. Coast Guard Station and a portion of the Mass
                 Electric property and one 200 foot wide fairway at an angle
                 in front of the Custom House Maritime Museum and municipal/
                 commercial fishing facility. (N 1-5.3)

          13.    Regulations which require specific setbacks between all new
                 structures and any designated channel, turning basin, fairway,
                 mooring or anchorage area will be established. (N 1-6.1)

          14.    Various use areas for different users such as wind surfers,
                 dinghy docks, clam flats, etc., will be designated on the
                 Water Use Map. (RB 1-3.1)

          15.    The future possibility of using Cashman Park by commercial
                 haulers should be investigated including an analysis of
                 adequate fees. (CM 1-1.4)

          16.    Support the "Boatyard Preservation Act" and similar legislation
                 which protect and enhance marine dependent facilities.       The
                 City should continue to support this and other bills to
                 protect marine dependent uses. The City should also encourage
                 realistic funding for their implementation. (CM 3-4.2)

                Newburyport Harbor Commission                                     June, 1989
                Management Plan

                  Fiscal Year 1989 Cost Action Items

                  1     A set of emergency procedures (with telephone numbers,
                        agencies responsible and contact persons according to the
                        type of emergency) will be developed and periodically updated
                        by the Harbor Commission.      These procedures will be widely
                        promulgated. (HM 1-3.1)

                  2.    Ensure the continued installation of a private aid to navigation
                        at the dike near the entrance to the Plum. Island River. (14
                        1-3.4)

                  3.    Install a buoy at the entrance to the Plum Island River and
                        install a no wake sign in the Basin near the dike. (N 1-4.2)

                  4.    Tnstall a dinghy dock facility at the central waterfront.
                        With the installation of three (25 foot by 8 f oot) f loats,
                        approximately twenty skiffs could be accommodated in this
                        area. Seasonal spaces could be rented for a fee. (RB 1-1.2)

                  5.    The Harbor Commission will work toward helping to ensure the
                        timely completion of the municipal/commercial f ishing facility.
                        (CM 1-1.1)

                               PROPOSED BUDGET PLAN FOR FISCAL YEAR 1989

                                              Total
                  Action Items                Cost       State       Federal           qLt-Y

                  Monitor Outer Channel       500.                                     500.

                  Landscaping/Furniture      1,000.                                 11000.

                  Emergency Procedures/       500.                                    500.
                   Signs

                  No Wake Signs/Buoys        1,000.                                 11000.

                  Docks Central             20,000.                                20,000.
                   Waterfront

                  Municipal/            1,500,000.     1,500,000.
                   Commercial
                   Fishing Facility

                        TOTAL           1,523,000.     1,500.000.                  23.000.

                                                     112

          Newburyport Harbor Commission                                      June, 1989
          Management Plan

            Fiscal Year 1990 Non-Cost Action Items

            1.    Request the City Council to amend city ordinances to require
                  that the Harbor Commission is informed of proposed activities
                  including development projects relating to the waterfront.
                  (HM 1-1.1)

            2.    Develop an annual capital improvement program for the public
                  waterfront facilities. (HM 2-1.2)

            3.    A public hearing has been held with representatives of the
                  commercial fishing industry to gain their input in the
                  establishment        of   regulations       a. n d f ees  f o r t h e
                  municipal/commercial fishing facility. (HM 2-2.3)

            4.    An area/facility will be provided to ensure the safe winter
                  storage of the central waterfront floats. (HM 3-1.3)

            5.    Continue to work toward alternative methods of construction
                  to ensure the installation of an entrance light at the
                  Merrimack River north jetty. (N 1-3.3)

            6.    Identify alternative locations for the future construction
                  of launch ramps for skiffs and associated parking areas to
                  access the moorings in the central waterfront and at Plum
                  Island. (RB 1-2.1)

            7.    Identify alternative locations for ramp/ f loat/parkirg areas
                  for windsurfers. (RB 1-3.2)

            8.    Designate a future tie-up area for repairs to commercial
                  vessels. (CM 1-1.3)

            9.    Evaluate the feasibility of boat storage off-site and encourage
                  private enterprise to develop off-site boat storage. Encourage
                  the City Council to amend the new zoning ordinance to include
                  boat storage in the industrial district. (CM 3-3.1)

            10.   The Harbor Commission will work towards constructing a boat
                  ramp area on Plum Island or along the Turnpike for use by
                  commercial clam diggers and small recreational boats.             The
                  City should work with the town of Newbury to fund a boat
                  ramp facility near the off-ramp adjacent to the Wilkinson
                  Bridge at the Plum Island Turnpike. A second alternative is
                  to investigate the possibility of a ramp at Plum Island
                  Point. (CM 4-2.1)

            11.   The feasibility of creating a land bank to acquire land,
                  development rights and/or conservation easements along the
                  River will be investigated. (A 3-4.1)

                                                113

               Newburyport Harbor Commission                                June, 1989
               Management Plan

                 Fiscal Year 1990 Cost Action items

                 1.   Advocate and support funding of the Harbormaster's budget
                      for the protection of the boating public. (HM 2-1.3)

                 2.   A Harbormaster's office/storage area will be constructed on
                      the waterfront. (HM 3-1.2)

                 3.   A collaborative arrangement with state and federal agencies
                      will be developed for assistance in identifying and mapping
                      jurisdictional areas such as previously filled tidelands and
                      harbor lines; and re-identifying historic public ways to the
                      waterfront. (LU 1-5.1)

                 4.   A plan will be developed to re-designate the federal channel
                      so that it will align with the actual navigable channel. (N
                      1-2.1)

                 5.   Recommend that the City petition the United States Congress
                      to abandon a portion of the federal turning basin running
                      parallel with the shore from the central waterfront eastward
                      to the American Yacht Club. Develop plan requirements and
                      other criteria for persons wishing to place structures in
                      this area. (N 1-2.2)

                 6.   The City has adopted the revised harbor regulations which
                      provide more stringent guidelines on speed and wake than
                      that which heretofore existed. (N 1-4.1)

                 7.   Accurate base maps for the federal channel, mooring areas,
                      shellfish beds, etc., will be acquired. (if 1-7.1)

                 8.   Maps should include the following information: the federal
                      channel and anchorage area/turning basin, -the local navigable
                      channel and fairways, mooring grids, shellfish beds, barrier
                      beaches, floodplain (Federal Emergency Management Act) and
                      historic harbor lines where known. (N 1-7.2)

                 9.   other maps which should be included in the Plan are the
                      Water Use Map (a reduction of the existing map with the
                      addition of local use areas including transient, passenger
                      boat and commercial fishing,, mooring/docking and berthing),
                      the Land Use Map indicating the continuous riverwalk and
                      scenic overlooks, public land, etc. (N 1-7.3)

                10.   The Harbormaster will continue to refine the current system
                      of allocating moorage and dockage space for the public. The
                      Harbormaster should investigate the need for transient/guest
                      moorings for visiting boaters and develop a plan to accommodate
                      this need. (RB 1-1.1)

                11.   Continue to work with the state to ensure! the completion of

                                                 114

          Newburyport Harbor Commission                               June, 1989
          Management Plan

                 the new boat launch ramp facility at Cashman Park. (RB 1-4.1)

           12.   A holding tank pump out station at the municipal/commercial
                 fishing facility will be investigated and installed if
                 appropriate. (CM 3-2.1)

           13.   Designate areas on the Harbor Map where scenic views are
                 important and develop strategies to preserve them. (A 3-1.1)

           14.   Conduct a study to investigate, map and regain historic ways
                 to the waterfront where feasible. (A 3-3.1)

                                            115

               Newburyport Harbor Commission                                      June, 1989
               M'anagement Plan

                               PROPOSED BUDGET PLAN FOR FISCAL YEAR :1990

                                              Total
                 Action Items                 Cost       State       Federal          City

                 Monitor Outer                500.                                      500.
                  Channel

                 Landscaping/Furniture 1.000.                                        1.000.

                 Expand Harbormaster
                    Budget

                  A.  F/T Parbormast(@?r 12,500.                                     12,500.
                      (1/2 Year)
                  B.  P/T Dock/Ramp        15,000.                                   15,000.
                      Help
                  C.  Stickers/Supplies     3,000.                                   3.000.
                  D.  Communication         1,000.                                   1,000.
                      Equipment

                 Harbormaster office/       5,000.                                   5,000.
                    Storage

                 Identify/Map original      7,000.         7,000.
                    Harbor Lines

                 Prepare Base Map           3,200.         3,200.
                    of Harbor

                 Edit/Publish Maps
                    Harbor Plan             2,000.         2,000.

                 Cashman Park Launch 250,000.             250.000.
                    Ramp

                 Guest Moorings               500.                                      500.

                 Pump Out Station           2,500.         2,500.

                 Study Recreational        13,760.         13,760.
                    Future Use of
                    Central Water-
                    front to Sea-
                    wall

                 Map/Researcb Public        5,000.         5,000.
                    Ways

                      TOTAL               321.960.        283.460.                  38,500.

                                                    116

          Newburyport Harbor Commission                              June, 1989
          Management Plan

            Fiscal Year 1991 Non-Cost Action Items

            1.  Determine the feasibility of the City acquiring an easement
                from Mass Electric for the purpose of creating a launch ramp
                in the bulkhead or public berthing and associated parking at
                their property on the waterfront. (RB 1-2.4)

                                           117

             Newburyport Harbor Commission                                 June, 1989
             Management Plan

               Fiscal Year 1991 Cost Action Items

               1    Public restrooms and drinking fountains will be constructed
                    and installed at major public use areas on the harbor. (HM 3-
                    1.1)

               2.   Install sewer lines where neceSsary to construct restrooms at
                    publicly owned areas. (LU 1-4.1)

               3.   Install a new twelve inch water service loop between the
                    central waterfront and the vicinity of the Atkinson Lumber
                    Company to by-pass the existing six inch service in Water
                    Street. (LU 1-4.2)

               4.   Continue to support the Sewer Commission in its efforts to
                    secure Environmental Protection Agency funding to correct
                    existing deficiencies in some of the streets (the downhill
                    side of Merrimac Street). (LU 1-4.3)

               5.   The future feasibility of providing a cooling facility to
                    hold the commercial catch for transporting at a later date
                    (refrigerated area for holding after boxed) should be explored.
                    (CM 1-1.5)

               6.   Allow passenger boat operations to utilize an area of the new
                    municipal/ commercial fishing facility on a trial basis.     Use
                    should be restricted to loading and unloading of passengers
                    only, with no long term tie-up, allowed.   All users should be
                    required to carry liability insurance. A system for the pre-
                    approval of qualifications of captains and boats should be
                    developed.   Fees for the facility should be similar to the
                    commercial fishing fees with an allowance for "seasonal use"
                    reduction. (CM 2-1.2)

               7.   Evaluate and review possible dredging at: Cashman Park to
                    provide a facility for passenger boats. (CM 2-1.4)

               8.   Continue to support the City's efforts to secure funds for
                    the facility improvements at Cashman Park including marine
                    facilities, stabilization of the shoreline with riprap and a
                    boardwalk/walkway.   Lighting should also be installed along
                    with public restrooms and drinking fountains. (A 1-2.2)

               9.   Adequate parking and sanitary facilities for harbor area
                    users will be provided at the central waterfront. (A 1-2.3)

               10.  Create an annual capital expenditure program for developing
                    walkways, fish piers and river outlooks including walkways to
                    and from the street and waterfront. (A 3-1.2.)

                                                118

            Newburyport Harbor Commission                                     June, 1989
            Management Plan

                           PROPOSED BUDGET PLAN FOR FISCAL YEAR 1991

                                           Total
              Action Items                Cost       State         Federal          City

              Monitor Outer Channel         500.                                    500.

              Landscaping/Furniture       11000.                                 1,000.

              Public Restrooms          20,000.                                 20,000.
                Central Waterfront

              Sewer/Water Lines         120,000.                               120,000.
                Central Waterfront

              Expand Sewage System 372,000.          334,890.                   37,110.
                Riverfront

              Cooling Facilities/         3,000.         1,500.                  1,500.
                Fish Holding

              Floats/Passenger Boats 11,000.                                    11,000.

              Evaluate Dredging         12,000.          6,000.                  6,000.
                Cashman Park

              Cashman Park              270,000.     270,000.
                Improvements

              Parking/Sanitary          75,000.        75,000.
                Facilities Central
                Waterfront

              Walkways/Fish Piers/      15,000.        15,000.
                River Overlooks

                  TOTAL                 899.500.     702.390.                  197,110.

                                                 119

             Newburyport Harbor Commission                             June, 1989
             Management Plan

               Fiscal Year 1992 Non-Cost Action Items

               1.  Evaluate the potential to use the B&M Railroad Right of Way
                   behind Tiger Marine on Water Street for public uses such as
                   parking and sailboard launchings. (A 3-2.1)

                                              120

           Newburyport Harbor Commission                                   June, 1989
           Management Plan

              Fiscal Year 1992 Cost Action Items

              1.  Install a float adjacent to the existing pier at Cashman Park
                  to allow recreational boats to load and unload passengers and
                  locate a dinghy dock in this area. (RB 1-4.2)

              2.  Install restroom facilities (or repair existing) at Cashman
                  Park. (RB 1-4.3)

              3.  Encourage increased use of the public lands between Plum
                  Island Point and the south jetty on Plum Island by various
                  associations for activities such as kite flying and other
                  passive activities throughout the year and during festivals
                  such as Yankee Homecoming Week.        Study and make necessary
                  repairs and improvements to the parking lot at Plum Island
                  Point. (A 1-3.1)

              4.  Prepare an improvement program for the public property adjacent
                  to and including the seawall on Water Street which would
                  include such items as landscaping, street furniture, alternative
                  parking design and installation of informativp plaques ard
                  river overlooks. (A 3-1.3)

              5.  Investigate the ownership of the small land parcels extending
                  from Simmons Beach to Sportsman's Lodge. Trails for birdwatching,
                  strolling and parking and/or pull-over spaces for viewing
                  from autos should be constructed in this area.         Maintenance
                  efforts should be initiated to cut and clear brush. (A 3-1.4)

                                               121

              Newburyport Harbor Commission                                     June, 1989
              Management Plan

                              PROPOSED BUDGET PLAN FOR FISCAL YEAR 1992

                                            Total
                Action Items                 Cost       State      Federal           ELt-Y

                Monitor Outer Channel        500.                                    500.

                Landscaping/Furniture      1,000.                                 1,000.

                Floats at Cashman        11,000.                                11,000.
                  Park

                Public  Restrooms        20,000.                                20,000.
                  Cashman Park

                Parking Lot Repair       37,000.                                37,000.
                  Plum Island

                Improve Seawall          40,000.       20,000.                  20,000.
                  Area

                Simmon's Beach           10,000.        5,000.                    5,000.
                  to Sportsman's
                  Lodge

                    TOTAL                119.500.      25.000.                  94,500.

                                                   122

          Newburyport Harbor Commission                              June, 1989
          Management Plan

            Fiscal Year 1993 Non-Cost Action Items

            1.  Arrive at a joint use agreement with the U.S. Park Service
                for a designated parking area for sailboarders at the proposed
                new Parker River National Wildlife Refuge Headquarters near
                Rolfes Lane. (RB 1-3.2)

                                           123

              Newburyport Harbor Commission                                     June, 1989
              Management Plan

                Fiscal Year 1993 Cost Action Items

                1.   Request the U.S. Army Corps of Engineers to dredge the harbor
                     entrance and the large spit area which has formed near the
                     south jetty. (N 1-1.3)

                2.   The City of Newburyport should work     with other corimunities to
                     encourage the state or federal government to conduct a feasibility
                     study of dredging upriver to Haverhill. (CM 2-1.31,

                3.   The City should begin efforts to acquire any F&M Railroad
                     Rights of Way which are no longer in use and dedicate these
                     areas for access. (A 3-2.2)

                              PROPOSED BUDGET PLAN FOR FISCAL YEAR 1993

                                             Total
                Action Items                Cost       State       Federal          City

                Monitor Outer Channel         500.                                  500.

                Landscaping/Furniture       1,000.                                11000.

                Dredge Harbor             300,000.                300.000.
                  Entrance and Spit

                Evaluate Dredging to       40,000.     20,000.      20,000.
                  Haverhill

                Acquire B&M Railroad        ?             ?          ?             ?
                  Rights of  Way

                     TOTAL                341,500.     20,000. 320.,000.          1.500.

                                                   124

          Newburyport Harbor Commission                               June, 1989
          Management Plan

                                        APPENDICES

                                          Supplemental Narrative Materials
                                          Maps
                                          Bibliography

              Newburyport Harbor Commission                                June, 1989
              Management Plan

                                 SUPPLEMEMTAL NARRATIVE MATERIALS

                                     Appendix 1:     Jurisdictions

                                     Appendix 2:     Harbor Regulations

                                     Appendix 3:     Mooring, Slip and Launch Fees

                                     Appendix 4:     Central Waterfront Fees

                                     Appendix 5:     Annual Yields, Merrimack River
                                                       Clam Flats:

                                     Appendix 6:     Point and Non-Point Pollution
                                                       Sources, 1.964

                                     Appendix 7:     Species of Flora, Merrimack River
                                                        Estuary

                                     Appendix 8:     Transfer of Floats

                                     Appendix 9:     Maintenance Dredging

         Newburyport Harbor Commission                                  June, 1989
         Management Plan

                                        Appendix 1

            JURISDICTIONS

                 Several federal, state and local agencies have jurisdiction
            over various activities in, on and adjacent to the harbor. These
            authorities perform different, but often overlapping functions in
            the regulation of harbor activities.      The key authorities with
            administrative control or interest in Newburyport's harbor include:

            Federal

                 U.S. Army Corps of Engineers
                 U.S. Coast Guard

            State

                 Executive Office of Environmental Affairs
                      Department of Environmental Management
                       Division of Marine and Recreational Vehicles
                       Division of Marine Fisheries
                       Massachusetts Office of Coastal Zone Management
                       Public Access Board

                 Department of Environmental Quality Engineering
                      Division of Water Pollution Control
                      Division of Waterways
                      Division of Wetlands

            Nunicipal

                      Board of Health
                      City Council
                      Conservation Commission
                      Fire Department
                      Harbor Commission
                      Harbormaster
                      Planning Board
                      Police Department
                      Redevelopment Authority
                      Sewer Commission
                      Shellfish Warden
                      Water Commission
                      Zoning Board of Appeals

                 The flow charts on the following pages illustrate these various
            jurisdictional agencies.

                                            125

               Newburyport Harbor Commission                                     June, 1989
               Management Plan

                                          Appendix 1, continued

                          GOVERNMENTAL AGENCIES WITH REGULATORY AND ADVISORY

                                   AUTHORITY IN NEWBURYPORTIS HARBOR

                 Federal

                                             U.S. Government

                               F
                         S. Coast Guard                               S. Army Corps
                      Fu                                          FU -of Engineers

                  State

                                      Commonwealth of Massachusetts]

                                            xecutive Office of
                                         [Environmental Affairs

                               Dept. of                                  Dept.  of
                             Environmental]                            Envi ronmental
                              Management                            [Qua li ty Engineering

             Div. of        Div. of         ce of     Public    Div. of      Div. of
            Marine &        Marine          stal      Access      Water       @Water-
          Recreational    Fisheries          Mgt.     Board
                                                      Pub 1 ic                  v;eof
                                                      Ac  e  s                 a r-
                                                       0 c sl                  ays]
                                                          rd    Pollution     ways       iv  01
                                                       'Ba                                Wet-
            Vehicles-                                           Control                Elands

                                                    1 .2 6

         Newburyport Harbor Commission                                June, 1989
         Management Plan

                                  Appendix 1. continued

           Municipal

                                   City of Newburyport
                                          T-
                                      city council]
                                            I
           Harbormaster            Harbor Commission       [Shellfish Warden
                 F-
                                                           [Sewer Commission
          FW ater Commission]          onservation
                                     FCommission

             Fire                         Board         Planning        Zoning
                               lice@n]t    Hea           Board        Board of
          [Department]         rtm                                      Appeals

                                        Newburyport
                                        Redevelopment
                                        Authority

                                           127

               Newburyport Harbor Commission                                   June, 1989
               Management Plar

                                         Appendix 1, continued

                 FEDERAL GOVERNNENTAL AGENCIES

                 United States Army Corps of Engineers

                      Under Section 404 of the Clean Water Act as amended, a
                 permit is required from the U.S. Army Corps of Engineers for the
                 placement of dredged or fill material in waters of the United
                 States.   In addition, under Section 10 of the Rivers and Harbor
                 Act of 1899, Army Corps authorization is required for the placement
                 of structures in navigable waterways.

                      The landward limit of jurisdiction in tidal waters, in the
                 absence of adjacent wetlands, is the high tide line and the
                 landward limit of jurisdiction of all other waters, in the absence
                 of adjacert wetlands, is the ordinary high water mark.

                 Types of Permits

                      There are three basic permits issued by this OfEiCe.

                 Nationwide Permit

                      This permit is "automatically granted" without the approval
                 of the Harbormaster for such things as individual moorings which
                 are not for sale or rent and not part of a larger commercial
                 facility. A Nationwide Permit will not be granted iE a structure
                 interferes with navigation in any way.

                 General Permit

                      This permit is issued for such things as commercial moorings
                 used in conjunction with a waterfront facility (boat repair yard,
                 marine supplies) .    These moorings cannot be rented or sold and
                 must be associated with a permanent facility. Permits are subject
                 to Harbormaster approval.

                 Individual Permit

                      This permit is issued for larger scale developments including
                 commercial moorings for sale or rent and marinas and slips for
                 sale or rent.    A Chapter 404 permit cannot be issued by the U.S.
                 Army Corps of Engineers if a state or local permit has been
                 denied.    Under this permit, the U.S. Army Corps of Engineers
                 requests input from state and federal agencies including the EPA,
                 U.S. Fish and Wildlife Service and the National Marine Fisheries
                 Service.

                                                   128

          Newburyport Harbor Commission                                 June, 1989
          Management Plan

                                   A-ppendix 1. continued

            Grandfather Clause

                  Structures existing before 1968 are "grandfathered" as long
            as there is no change in use and as long as the use does not
            interfere with navigation and is not in a Federal project.

                  Additionally, because the Merrimack River contains a federal
            channel, the U.S. Army Corps of Engineers has additional regulations
            which are  imposed.

                  1.   The U.S. Army Corps of Engineers will use a locally
                       adopted Harbor Managemert Plan as a guide in determining
                       the appropriateness of a particular project.

                  2.   Marinas or structures supporting slips or piers which
                       provide docking/mooring space in the channel must allow
                       the general public to apply and register for docking
                       and mooring space.

                       A.   Waiting lists for such space must be available to
                            the Newburyport Harbormaster.

                       B.   Docking/mooring space must be provided for transient
                            vessels.

                  3.   Facilities located in the channel cannot operate at a
                       profit.

                  4.   Facilities must provide equitable parking for vehicles
                       and trailers.

            United States Coast Guard

                  The Coast Guard is concerned with the general safety of the
            boating public and with navigational safety.    This is accomplished
            primarily though the placement and maintenance of aids to navigation
            buoys and channel markers.

            COMMONWEALTH OF MASSACHUSETTS

            Massachusetts Department of Environmental Management

                  The Massachusetts Department of Environmental Management
            administers the Massachusetts Environmental Policy Act (MEPA) and
            requires the filing of an Environmental Notification Form for
            projects which exceed certain thresholds. Refer to CMR 310.

                                             129

              Newburyport Harbor Commission                                   June, 1989
              Management Plan

                                        Appendix 1. continued

                Division of Marine and Recreational Vehicles

                      This Division is principally concerned with rules and regulations
                for boaters to ensure the safety of the boating public.

                Division of Marine Fisheries

                     � Regulates fishing and shellfishing industries.

                     � Conducts sanitary surveys of various harbor waters.

                     � Operates Shellfish Purification Plants.

                     � May require dredging "windows" as part of a project.

                Massachusetts Office of Coastal Zone Management

                      The Massachusetts Coastal 'Zone Management Of f ice provides
                public access assistance to communities through several programs.
                Specifically, MUM has undertaken to:

                     �  publish a series of access guides to the coast,

                     �  inventory and map coastal resources including recreational
                        areas,

                     �  provide technical assistance in drafting model easements
                        or planning bylaws for public access,

                     �  consult with local planners and developers to assure that
                        coastal projects adhere to the MCZM plan, including public
                        access objectives,

                     �  provide funds f or public access improvement through the
                        Coastal Facilities Improvement Program (CFIP), and

                     �  provide a Harbor Planning Grant Program.

                Public  Access Board

                     Part of the Department of Fisheries, Wildlife and Recreational
                Vehicles, since 1962 the Public Access Board (PAB) has funded the
                construction of some 14 coastal, 9 river and 30 Great Poiad facilities
                f or boat launching purposes.      While these facilities remain in
                state ownership, frequently a management agreement is executed
                between the PAB and the municipality for the operation and maintenance
                of the facility.    These management agreements allow for revenues
                generated to be used for the upkeep of the facility. ALl facilities
                funded by the PAB must be available for public use on a non-
                discriminatory basis. The PAB may also provide funds for acquisition

                                                  130

           Newburyport Harbor Commission                                    June, 1989
           Management Plan

                                     Appendix 1, continued

             of public rights of way, construction of parking areas, and for
             the construction of public trails and walkways to the shore.

             Department of Environmental Quality Engineerin

             Division of Water Pollution Control

                  When a project in the harbor involves dredging, dredged
             material disposal and/or filling projects in waters of the
             Commonwealth, a water quality certificate must be secured from
             the Division of Water Pollution Control. The intent is to encompass
             dredging projects in the waters or wetlands area of the Commonwealth
             which are also subject to the jurisdiction of a federal agency
             under Section 401 of the Water Pollution Control Act of the
             Department of Environmental Quality Engineering, under Chapter
             91, Waterways or MGL Chapter 131, Wetlands.

             Relation to Section 401 Federal Water Pollution Control Act

                  Section 401 requires that an applicant must provide the U.S.
             Army Corps of Engineers with a certification from the state's
             water pollution control agency that the proposed discharge of
             f ill will not violate applicable federal or state discharge
             limitations or water quality standards.           Thus, such federally
             licensed projects require a Section 401 certification by the
             Division of Water Pollution Control.

             Division of Waterways

                  The Division of Waterways administers Chapter 91 of Massachusetts
             General Laws (MGL) which governs licenses on tidelands owned by
             the Commonwealth of Massachusetts.         The Commonwealth tidelands
             are defined as areas seaward of the historic, extreme low water
             line.    Both water dependent and non-water dependent uses are
             regulated by the Division. This law protects the publics' common
             rights in tidelands, great ponds and certain rivers and streams.

                  Changes in the use of structures in the Commonwealth tidelands
             or any alterations or fillings will require a new license for the
             proposed use. All license requests are subject to a local zoning
             test.    The municipal clerk of a city/town must certify that the
             proposed use is allowed by zoning. The local Planning Board must
             receive a copy of the application and may hold a public hearing
             to determine the appropriateness of the project in terms of
             public use and benefit.

             Division of Wetlands

                  The Division of Wetlands enforces the regulations of MGL
             Chapter 131, the Wetlands Protection Act, when a proposed development

                                                131

             Newburyport Harbor Commission                               June. 1989
             Management Plan

                                      Appendix 1, continued

               project results in any activity that involves filling, dredging,
               removing or otherwise altering any coastal wetland, coastal dune,
               tidal flat, coastal bank, land subject to coastal storm damage or
               tidal action.   A Notice of Intent must be filed with the local
               Conservation Commission with a copy to the Department of Environmental
               Quality Engineering, Division of Wetlands.

                   The Division of Wetlands may issue a Superseding Order of
               Cond it ions if a 1 oca 1 Con s e rva t ion Comm i s s ion I s d ec i s ion IS
               appealed.

                                               132

                                             Appendix 2

                                   CITY OF NEWBURYPORT

                                               IN CITY COUNCIL

             ORDERED                                 ------------ February__13 ............. 198-9---

                 An Ordinance Entitled an Ordinance to Amend an Ordinance Entitled "Boats,
                 Docks, and Waterways."

                 Be it ordained by the City Council of the City of Newburyport as follows:

                 Chapter 5, Boats, Docks, and Waterways of the Revised Code of Ordinances of
                 the City of Newburyport is hereby amended by striking out Chapter 5, Sections
                 1 and 2, in their entirety and inserting in place thereof the following new
                 sections:

                 Section 5-3, Harbor Commission, of the Revised Code of Ordinances of the City
                 of Newburyport shall now be known as Section 5-8, Harbor Commission.

                                (Please see Page 2. for the remainder of the ordinance)

        In City Council, February 13, 1989:

        Councillor Bell moved, seconded by Councillor Pramberg to approve. On roll
        call, 9 yes, 2 absent (Harnch,Leary). Ordinance a-ouroved first reaeing and
        ordered published.

                                           Attest:
                                                   Mic@ael- J':,-/8ulll-*van,City Clerk

        In City Council, February 27, 1989:
       Councillor Gurczak moved, seconded by C,7ncillor B)ell        ,,,o table. So voted.
                                          Attest:         - /ft
                                                  MCEAe,l J. "?,u I-1ivan,City Clerk
                                                     133

                                      Appendix 21 continued

           In City Council-, March 13, 1989:

           Councillor Gurczak moved, seconded by Councillor Hawry1ciw to take from
           the table. So voted.

           Councillor Gurczak moved, seconded by Councillor Pramberg to amend the
           ordinance by submitting the attached amendments: (see four typewritten
           sheets).

           Amendments adopted by voice vote.

           Councillor Welch moved, seconded by Councillor Hawrylciw to approve.
           On roll call, 10 yes, 1 absent (Leary). Ordinance approved second and
           final reading and ordered published.

                                   Attest:
                                                 1 J. Suplivan,City Clerk
                                                      V

           Approved: March 14, 1989

           Edward G. Molin,Mayor

                                             134

                                         Appendix 2, continued

                                    CITY OF NEWBURYPORT HARBOR REGULATIONS

               GENERAL HARBOR REGULATIONS FOR THE CITY OF NEWBURYPORT

               AN ORDINANCE ENTITLED AN ORDINANCE TO AMEND NEWBURYPORT CITY ORDINANCE, CHAPTER
               51'

               Be it ordained by the City Council of the City of Newburyport that Newburyport
               City Ordinance, Chapter 5.

               5-1. PURPOSE

               A.   It is the intent of these regulations to establish regulations for
                    marine activities within harbors, waterways and tidal waters of the
                    City of Newburyport in order to ensure safety to persons and property,
                    to promote availability and use of a valuable, public resource, and
                    to provide for safe navigation.

               B.   Regulations governing the safe operation of vessels in the Harbor
                    and regulations protecting the environment are also contained
                    herein.

               C.   These regulations apply in all parts of Newburyport Harbor which
                    are under the jurisdiction of the Newburyport Harbormaster as defined
                    M.G.L. Ch. 90B and in Sec. 5-3 A. below.

               D.   The regulations promulgated herein are in addition to the
                    requirements of state and federal law.

               5-2  DEFINITIONS

               A.   Newburyport Harbor shall be all tidal waters under the jurisdiction of
                    the Newburyport Harbormaster and lying within the corporate boundaries
                    of the City of Newburyport.

               B.   Length Overall (LOA): The length of a vessel inclusive of
                    bowsprits, booms and boomkins, pulpist, swim platforms,
                    engines or extensions.

               C.   Mooring: Shall mean any structure or apparatus including
                    floats and rafts held by anchors or bottom moorings.

               D.   Commercial Mooring: Shall mean any mooring placed in
                    the Newburyport Waters for which a rental or service fee
                    may be charged.

               E.   Individual Mooring: Shall mean any mooring placed in Newburyport
                    waters for the owners private use.

               F.   Person: Shall include individuals, corporations, clubs,
                    associations, partnerships, including their agents.

                                                   135

                                           Appendix 2, continued

                 G.   Vessel: Shall include any ship, boat:, or any other type
                      of watercraft including personal watercraft being used as
                      a means of transportation on the water and other floating
                      structures such as barges and rafts.

                 H.   Operator: Shall mean any person engaged in the operation, and
                      navigation of a vessel.

                 I.   Harbormaster: Shall be considered to be the Harbormaster, P.Ssis-t:ant
                      Harbormaster or any authorized agent.

                 J.   Navigable Channel: That area of watE!r in the Merrimack River buoyed
                      by the U.S. Coast Guard.

                 K.   Channel: See navigable channel.

                 L.   Fairway: Locally designated channels; shown on the official Newburyport
                      Harbor map as adopted by the Harbor Comission and City Council.

                 5-3  OPERATION OF VESSELS IN NEWBURYPORT HARBOR

                 A.   Speed

                      It shall be unlawful to operate or suffer or permit the
                      operation of any motor boat or other vessel propelled by
                      machinery at a speed exceeding five 1:5) miles per hour
                      and no disturbing wake shall be made in any waters of the
                      Merrimack River lying within city limits.

                 B.   Wake and Speed

                      Notwithstanding the speed limit established in paragraph
                      A above, no vessel shall create a wake or operate at a
                      speed which endangers life, safety or property of any
                      person in Newburyport Harbor. In narrow channels,
                      designated mooring areas, or where posted, the speed of
                      all vessels shall be reduced to the minimum speed required
                      for safe steerage of the vessel.

                 C.   Unlawful Pollution and Discharges

                      No oil, petroleum products, untreated sewage, rubbish, debris
                      garbage shall be disposed of within Newburyport Harbor. No cleaning
                      of fish is permitted on City facilities except where designated by
                      the Harbormaster.

                 D.   Windsurfing, Waterskiing and Jetskiing

                      1.   Winsurfers and waterskiers are riot to operate in the
                           navigable channel of the river or in mooring ares from the
                           Ice Breaker to West of Carr Island.

                                                       136

                                        Appendix 2, continued

                   2.   Personal watercraft may operate in the channel or in mooring
                        areas at a speed not to exceed 12 mph. Operators of personal
                        watercraft must be in a seated or kneeling position and must
                        proceed in a direct route without swithing back and forth in
                        the channel.

                   3.   If a Windsurfer or Waterskier is obliged to cross the marked
                        channel he shall do so at right angles and with due care to the
                        traffic flow in the marked channel so as not to create a hazard
                        to river traffic.

              E.   Operation of Vessels

                   1.   No person shall operate a vessel in Newburyport Harbor
                        so as to endanger the lives, safety or property or others.

                   2.   No person shall operate a vessel in Newburyport Harbor
                        while under the influence of intoxicating liquors or drugs.

                   3.   No person shall operate a vessel in a mooring area or within
                        300 feet of any beach or swimming area while towing
                        waterskiers, aquaplanes or similar devices.

              F.   Obstructions

                   Obstructions including but not limited to derelict and/or
                   abandoned vessels to safe navigation of the Merrimack River shall be
                   subject to removal by the Harbormaster without notice. Obstructions
                   reinoved and stored by the Harbormaster shall be at the expense of the
                   owner.

              G.   Races and Regattas

                   1.   No boat race or regatta shall be held in the Newburyport Harbor
                        without first obtaining an U.S. Coast Guard Permit and notifying
                        the Harbor commission and the Harbormaster; and providing the
                        Harbor Commission and Harbormaster with a copy of the Coast Guard
                        permit for said race or regatta.

                   2.   All races and regattas in Newburyport Harbor must be operated
                        under the supervision of a race or regatta committee. All such
                        committees shall, prior to their activity, file a written
                        statement with the Harbor Commission two months prior to the
                        event, containing the following information:

                        a) The identity address and telephone number of the group or
                           organization sponsoring the activity.

                        b) A brief description of the activity, time of commencement, a
                           estimate of hours and/or days, location specifying the course to
                           be run, date of the activity and any alternative dates in the

                                                    137

                                              Appendix 2, continued

                                event of a weather postponement, and a listing of the 1'4--es
                                to be charged.

                            c)  A roster of the names and addresses and phone numIx!rs of the
                                members of the comittee responsible for the, organization and
                                conduct of the activity.

                            d)  A brief statement of the efforts by the comdttee to publicize the
                                activity sufficiently such as will give reasonable notice to the
                                boating public of the time, date, place and nature of tl-le activity
                                and thereby warn the public of courses to be! run by participants
                                and areas to be closed to the public during the activity. Warning
                                the public can be accomplished thru notice to marinals. All
                                races and regattas shall be accompanied by at least one
                                motor-powered committee vessel. Comittee boats must keep a
                                constant monitor on VHF Channel 13 and have the ability
                                to monitor on VHF Channel 16) for the duration of a race,

                  H.   Fueling

                       Fueling is permitted only at licensed fuel docks in accordance with
                       State Fire Marshal Code 527CMR 1-50..

                  I.   City Liability

                       The City assumes no responsibility on account of fire theft or
                       damage of any nature to any vessel or property connected therewith,
                       nor for personal injury to any person arising out of the use of
                       waterways under the jurisdiction of the City of Newburyport or
                       any facility in or related to said waterways. Any person using any
                       City facility for the conduct of a permitted activity shall file a
                       statement with the Harbor Corrmission indemnifying and holding the
                       City harmless from any lawsuit arising out of the conduct of the permitted
                       activity by anyone.

                  J.   Excise Tax & Fees

                       No mooring space or slip shall be assigned to any person W@io is arrears on
                       any boat excise tax, mooring, slip or dockage fees, due and payable to the
                       City, for any year present or previous. Proof of said payment shall be
                       submitted with application for mooring/slip.

                  K.   Accidents

                       1.   The operator of a vessel involved in an accident shall. render
                            all practical and necessary assistance to persons affected by
                            the accident to the extent possible without serious danger to
                            life, crew, passengers, and vessel.

                       2.   The Harbormaster shall be notified of all accidents wtdch are
                            required to be reported by M.G.L. Ch 90B Section 9 and shall
                            also be notified of accidents which result in environmental

                                                         138

                                        Appendix 2, continued

                        damage, or navigational obstructions.

                        The Harbormaster should be notified as soon as possible of
                        the accident. A written report shall be submitted within
                        five days of the accident if the accident results in loss of
                        life, injury requiring medical attention, loss of consciousness,
                        property damage in excess of $200, or disappearance of any person
                        on-board under circumstances which suggest any possibility
                        of injury or death. The operator and owner of the vessel(s)
                        are responsible for this report. A copy of the report required
                        by M.G.L. Ch. 90B Section 9 filed with the Harbormaster will
                        satisfy the written report requirement.

                   3.   No vessel, mooring or other object shall be abandonedr sunk or
                        placed where it may constitute a hazard to navigation.

                   4.   Any vessel, mooring or object constituting a hazard to
                        navigation, and any vessel or object improperly secured, swamped,
                        sunk, washed ashore or found in a restricted area, may be removed
                        or relocated at the direction of the Harbormaster if corrective
                        action is not taken by the owner immediately upon being notified
                        by the Harbormaster.

                   5.   The expense of such removal or relocation and liability therefore
                        shall be the responsibility of the owner.

                   6.   Nothing in these sections shall restrict earlier action by the
                        Harbormaster or an Assistant Harbormaster, with or without
                        notifying the owner if, in their judgment, such action is
                        necessary to protect life or property.

              5-4  Mooring and Float Regulations

              A.   Berthing permits for slips, floats, moorings or other docking
                   mechanisms shall be issued by the Harbormaster according to the
                   terms and requirements of the applications and available space
                   and in accordance with Section 5.4 J above.

              B.   Fees for mooring permits issued by the Harbormaster shall be
                   those authorized under Section 5-7 of this ordinance.

              C.   General Regulations for Placement of Moorings, Floats and other
                   Structures.

                   1.   All structures shall be setback a minimum of twenty five
                        feet from the projected property line to provide a swing
                        area unless a lesser set back is mutually agreed upon
                        by the adjacent property owner and submitted in writing
                        to the Harbor Commission for approval. All structures shall
                        be set back a minimum of 20 feet from federal channel,
                        navigable channel, fairways and federal turning basins.

                                                   139

                                             Appendix 2, continued

                        2.   Structures requiring an Army Corps General Permit

                             All structures requiring a GENERAL PERMIT from the
                             Army Corps of Engineers (including boats) shall projE!Ct
                             not more than 200 feet into the Merrimack River from the
                             shore (to be measured perpendicular from the mean hi@h
                             water mark of the outermost portion of the pro- rty).
                                                                           pe

                             In certain geographic locations, constraints posed by
                             narrowness or shallowness of the channel and/or sevexity
                             of the current may not allow the project to extend the full
                             200 feet into the river.

                             The Harbor Commission shall review for approval all general
                             permits on a case by case basis.

                        3.   Structures requiring and INDIVIDUAL PERMIT from the Pxmy
                             Corps of Engineers

                             All structures requiring an individual permit from the ArTny
                             Corps will be reviewed for approval on a case by caSE! basis
                             by the Harbor Commission to determine maximum projection
                             into the river. The setback between structures shall. be
                             required in 5-5 C.l. above.

                   D.   individual Mooring Permits

                        1.   No person shall establish.or maintain a mooring or float
                             (including temporary floats) within the waters of Neviburyport
                             Harbor without first obtaining an annual mooring permit from
                             the Harbormaster. Applications for mooring permits may be-
                             submitted to the Harbormaster from January 1 of any calendar
                             year to June 1 and shall contain such information and shall be
                             in such a form as prescribed by the'Harbormaster. Applications
                             may be obtained from the, Harbormasters Office.

                        2.   Floats, rafts, and the mooring of boats held by anchors or
                             bottom moorings installed without permission from thE!
                             Harbormaster shall be considered a public nuisance arid may
                             be removed by the Harbormaster at the expense of the owner
                             in the event he/she fails to remove same after notiM from the
                             Harbormaster. For the purpose Of this section, temporary
                             shall mean no longer than to the end of any given calendar
                             year.

                        3.   No permit may be issued without prior payment of all
                             appropriate fees by the applicant including, but not limited
                             to, annual boat excise tax if applicable.

                   E.   Issuance of Mooring Permit; Waitincl List

                                                         140

                                       Appendix 2, continued

                  1.   Permits will be denied if the Harbormaster determines that
                       the mooring will constitute a hazard to navigation, will not
                       conform to the requirements of these regulations, or will
                       otherwise not conform to the requirements of law or rights
                       of the public. Permits will be issued for one calendar year only.

                  2.   Individual mooring permits are not transferable.

                  3.   Upon issuance of a permit, the Harbormaster will assess a
                       mooring location and specify the marking and number of the
                       mooring. moorings shall be installed prior to June lst each
                       season for permits issued prior to May 7th. For permits
                       issued after May 7th, moorings shall be installed within
                       15 working days following issuance.

                  4.   The Harbormaster will keep a chart available for public
                       inspection at City Hall which clearly indicates the mooring/areas
                       permitted.

                  5.   The Harbormaster shall keep a waiting list for available
                       space and does not discriminate against any person based
                       upon race, religion, sex, or other illegal distinction.

                       Priority for the issue of permits to persons on the waiting
                       list will be in this order: date of application and assignment
                       to the waiting list, and subject to the size and type of boat
                       related to the space available.

                       Allocation of space shall be made based on date of application
                       and subject to the size and type of boat related to the space
                       available. Copies of the up-to-date waiting lists must be
                       made available to the public by the Harbormaster upon request.

             F.   Group Mooring Permits

                  1.   In lieu of obtaining individual permits, boating clubs or other
                       organizations such as yacht clubs and marinas, may apply to the
                       Harbormaster for a group mooring permit for a specified mooring
                       area.

                  2.   Commercial and group permits may be transferred with the approval
                       of the Harbormaster and such approval shall not be unreasonably
                       withheld provided that the Harbormaster shall find that the
                       transfer is in the public interest.

                  3.   The facilities of any marina located within the City of
                       Newburyport shall be available for use by the general boating
                       public, providing they abide by the marina's fee structure
                       and all lawful regulations of the marina.

                  4.   The maximum term of any contract or agreement relating to

                                                   141

                                              Appendix 2, continued

                             slip facilities shall not extend beyond December 31st
                             of any year of issue.

                        5.   The marina owner shall maintain a waiting list of people
                             applying for mooring/slip/berthing space. Available space must be
                             allocated without discrimination against any based upon race,
                             religion, sex or other illegal distinction.

                        6.   Group permit/or slip/owners shall provide to the Harbormaster
                             a list of the renters of moorings and/or slips to include:
                             name, address and telephone number of owner, name of vessel,
                             type of vessel, year and length of vessel, registration or
                             documentation numbers, private and business address and phone
                             numbers of renters by July 10t.h of each year. The Harbormaster
                             shall send a copy of this list. to the City Assessors to ensure
                             imposition of Boat Excise tax.

                        7.   Vessel owners at slips or moorings who have not paid their boat
                             taxes shall be subject to the fines.

                   G.   Guest Moorings

                        1.   The Harbormaster will designate moorings to be used by transient
                             guests. The length of stay shall be limited to 72 hours..
                             Extensions shall be at the discretion of the Harbormaster. The fee
                             shall be as outlined in Section 5-7 of this ordinanCE?.

                   H.   Abandonment; Forfeiture Removal

                        1.   A permittee may relinquish his permit at any time upon
                             notification to the Harbormast:er. Any mooring tackle
                             not removed within 30 days after receipt of such
                             notification shall be considered abandoned and may be
                             removed pursuant to paragraph 3 of this section:

                        2.   A permittee may be deemed to have forfeited his/her permit
                             by reason of any of the following if not corrected within
                             48 hours.

                             a.  Locating the mooring at a place other than that
                                 specified on the permits;

                             b.  Failure to pay annual mooring fee or excise tax id-len due;

                             c.  Failure to repair or replace a mooring within 30
                                 days after being advised by the Harbormaster that
                                 the mooring is defective or within such lesser time
                                 as specified by the Harbormaster if circumstances
                                 should require;

                             d. Failure to otherwise comply with the terms, conditions
                                 or restrictions placed on the permit by the Harbormaster.

                                                          142

                                       Appendix 2, continued

                           Upon written notification of forfeiture by the
                           Harbormaster, the permittee shall remove or otherwise
                           dispose of the mooring.

                  3.   Any abandoned or forfeited mooring, or any mooring installed
                       in the waters of Newburyport Harbor without the permission
                       from the Harbormaster shall be considered a public nuisance,
                       and may be removed by the Harbormaster at the expense of the
                       owner in the event he fails to remove same within 48
                       hours after notice in writing from the Harbormaster. Said
                       notice shall be secured to the mooring and mailed to the
                       owner's address as given in said owner mooring permit application.

                  Mooring/Dockage Specifications and inspections

                  1.   mooring specifications

                  All mooring tackle shall be subject to inspection and approval by
                  the Harbormaster prior to installation. The suitability of
                  mooring tackle for a particular installation will be judged on a
                  case-by-case basis with reference to the standards set forth in
                  the most recent edition of Chapman's "Piloting and Seamanship".

                  2.   Owner Inspections

                  Each permittee shall inspect or shall cause his/her mooring to be
                  inspected each season. Winter logs or metal kegs shall not be
                  used in the harbor.

                  3.   Harbormaster Inspections

                  All moorings are subject to Harbormaster inspections at any
                  time. No notice is required for underwater inspections. Notice
                  of at least five working days will be given if a mooring is to
                  be hauled for inspection. Mooring installations found defective
                  will be subject to loss of mooring permit if not corrected within
                  the time specified by the Harbormaster. The maximum time allowed
                  shall be 48 hours.

                                                   143

                                               Appendix 2, continued

                                                       Section 5.5

                                              SPECIAL USE ARIAS REGULATIONS

                   5.51  COMMERCIAL FISH PIER

                   A.    General
                         The general operating policy of the Municipal Pier/E@rbayment
                         facility shall be that the property is intended primarily for
                         the berthing and loading/unloading of the Newburyport commercial
                         fishing fleet.

                   B.    Specific Use Regulations

                         1.   Embayment Area Dockage

                              a.  The embayment area dockage shall be designated for
                                  commercial fishing vessels only.

                              b.  The number of vessels permanently assigned. berthing
                                  space in the embayment area shall be determined annually
                                  by the Harbor Commission.

                              c.  All vessels using the embayment area are required
                                  to pay the appropriate fee prior to accessing the
                                  facility (see Section 5.7 of this ordinance).

                              d.  The Harbormaster will maintain a waiting list for
                                  any additional vessels wishing to secure space al:
                                  the embayment area should a space become a,vailabl-e.
                                  The Harbormaster shall keep a waiting list: for available
                                  space and does not discriminate against any person based
                                  upon race, religion, sex, or other illegal distinction.

                                  Priority for the issue of permits to persons on the waiting
                                  list will be in this order: date of application and assignment
                                  to the waiting list, and subject to the size and type of boat
                                  related to the space available.

                                  Allocation of space shall be made based on date of application
                                  and subject to the size and type of boat related to the space
                                  available. Copies of the up-to-date waiting lists must be
                                  made available to the public by the Harbormaster upon request.

                         2.   Pier and bulkhead usage

                              a. Only commercial fishing vessels shall be allowed to
                                  dock at the pier except as provided under paragraph
                                  "D" below.

                                                          144

                                        Appendix 2, continued

                        b.  All vessels docked for use of pier services shall do
                            so at designated areas only and shall be subject to
                            time limitations set by the Harbor Commission.

                        c.  Because of the limited amount of docking/berthing space
                            available, tie-up space is limited to the amount of time
                            it takes to load or unload a cargo plus a length of time as
                            determined by the Dockmaster. Vessels that are tied
                            up at the pier after discharging or loading will be
                            charged docking/berthing fee according to Section 5.7.

                        d.  No vessel shall be allowed to stay at the pier or bulkhead/
                            float area while repairing the vessel or any of its power,
                            machinery or fishing gear without prior express permission
                            of the Harbormaster.

              3.   Motor Vehicles and Use of Parking Areas

                   a.   Vehicles shall be permitted on the pier only with the approval
                        of the Harbormaster.

                   b.   No person shall drive other than a legally registered
                        motor vehicle on any portion of the municipal pier/
                        embayment facility.

                   C.   The parking of trucks, trailer trucks or parts of trailer
                        trucks is prohibited on any portion of the pier without
                        permission to do so having been first obtained from the
                        Harbormaster.

                   d.   The parking of pleasure cars within the municipal pier/
                        embayment facility confines is prohibited, except for
                        those vehicles having temporary business.

                   e.   Trucks transporting fish must be properly covered.

                   f.   Trucks transporting fish must be water tight thereby
                        preventing leakage onto the pier.

                   g.   All persons shall obey any requests made by Harbormaster
                        officials relative to matters of safety and orderliness.

                   h.   All fuel trucks making deliveries will have the proper
                        authorization i.e. in accordance with State Fire Marshal Code
                        527CMR 1-50, and will fuel vessels in accordance with proper
                        U.S.C.G. procedures.

              C.   Other Regulations

                   1.   No trash and/or waste oil shall be placed or stored on
                        or about the pier.

                                                   145

                                             Appendix 2, continued

                       2.  The City assumes no responsibility on account of fire theft or
                           damage of any nature to any vessel or property connected therewith,
                           nor for personal injury to any person arising out of tie use of
                           waterways under the jurisdiction of the City of Newburyport or
                           any facility in or related to said waterways. Any person -using any
                           City facility for the conduct of a permitted activity shall. file a
                           statement with the Harbor Comission, indemnifying and 'holding the
                           City harmless from any lawsuit arising out of the conduct of the
                           permitted activity by anyone.

                                                       146

                                         Appendix 2, continued

                    2.   No material or spare gear shall be stored on or about the pier.

                    3.   No persons shall dive, swim, or fish from the pier, floats
                         or bulkhead.

                    4.   No soliciting shall be permitted on the pier.

                    5.   All vessels shall reduce to headway speed when approaching
                         or leaving the pier.

                    6.   The Harbormaster shall have the authority to accept or
                         reject any application for pier usage and/or berthing
                         which appears, in the opinion of the Harbormaster to expose
                         the pier, waters adjacent to the pier, or other vessels to
                         undue risk.

               D.   Charter Boat

                    1.   The loading of passengers for charter boats will take place
                         only at floats designated by the Harbor Conmission.

                    2.   Schedule charter boats will arrive at said float within
                         15 minutes before loading time and will leave within 15
                         minutes after discharging passengers.

                    3.   Charter Boats must comply with paragraphs B.3. a through
                         c, E and F of Section 5.61 of this ordinance.

               E.   Fees

                    1.   Fees shall be as established in section 5.7 of this ordinance.

                    2.   The provision of this ordinance shall be posted in plain view
                         at the floats and along the bulkheads at "The Comercial Fish Pier

                    3.   Enforcement of the provisions of these ordinances and collection
                         of any and all docking fees created thereunder, shall be within
                         the authority and responsibility of the Harbormaster and/or
                         Treasurer of the City of Newburyport.

               F.   Insurance and Liability

                    1.  When applying for a berthing permit, excepting daily
                        transients, the applicant shall exhibit a certificate
                        of insurance for review by the Harbormaster before
                        permit approval or rejection. Minimum insurance
                        requirements shall be set by the Harbor Commission. If
                        accepted, a copy of the insurance certificate shall
                        be filed with the Harbormaster.

                                                     147

                                            Appendix 2, continued

                                           5.52 CENTRAL WATERFRONT DOCKS

                 A.   Use Regulations

                      The use of floats at the Central Waterfront shall be limiteJ and
                      regulated as follows:

                      1.    No vessel shall be "rafted", (secured to another vessel) Which
                            is secure at any such docking location.

                      2.    No vessel shall dock at the floats without first notifying
                            and obtaining permission the dockmaster/wharfinger or
                            Harbormaster if the dockmaster/wharfinger is unavailable.

                      3.    No festival shall plan on the use of the floats and no person
                            shall be given exclusive use of the floats without first getting
                            approval for such use from the Harbor Commission.

                      4.    No vessel shall remain secured at the floats in excess of
                            seventy two (72) consecutive hours per docking, after which,
                            at least twenty-four (24) hours shall have elapsed before
                            the vessel may be permitted to re-secure except to load or
                            unload.

                      5.    Two floats (501 of space) shall be designated by the
                            Dockmaster for loading and unloading, and shall be
                            restricted to twenty minute use at no cost.

                      6.    No vessel may be docked or secured at any locatJ 'on other than
                            the floats without permission from the Harbormaster.

                 B.   Fees

                      The Dockmaster shall inquire of the person in charge of any
                      vessel to be secured to the floats, -the intended length of
                      stay and shall collect in advance the appropriate fee. Fees
                      shall be as established in Section 5.7 of this ordinance.

                 C.   Emergency docking

                      1.  "Emergency" is a sudden unexpected happening requiring
                          immediate emergency medical attention to the operator
                          or a passenger of the vessel.

                      2.  When necessary, due to any emergency, any vessel shall be
                          permitted to secure to the bulkhead or floats, without
                          charge, for up to four (4) hours, after which, docking
                          fees will be assessed.

                 D.   Other Regulations

                      1.    Fishing and swinining

                                                        148

                                           Appendix 2, continued

                         5.53 CASHMAN PARK LAUNCHING RAMP, PARKING FACILITY AND PIER

               A.   General

               1.   The usage of municipally owned and or controlled boat Launching ramps
                    shall be controlled from time to time by rules established by the
                    Harbor commission and approved by thE 'ity Council. These rules may
                    include control of temporary parking (:@,f boat trailers and motor
                    vehicles at or near the approach to eitch ramp. Vehicles with boat
                    trailers shall be parked in designated areas.

               2.   With the exception of charter or commercial fishing vessels or a
                    storm/repair emergency, persons using ramps for hauling of
                    larger vessels requiring cradles shall do so only with permission,
                    in advance, in writing, from the Harbormaster. Cradles and/or
                    vessels shall not remain on the town ramps for more than one (1)
                    hour.

               3.   Swimming will not be allowed from the pier.

               4.   All vessels persons, and vehicles using the launch ramp shall
                    abide by the rules and regulations contained herein and all
                    other applicable laws, ordinances, rules and regulations
                    concerning the operation of vessels and the use of the landing.

               5.   All persons, vessels and vehicles using the landing shall be
                    responsible for the security of their own property.

               6.   The launch ramp shall be open to the general public from sunrise
                    to sunset from April Ist to October 31st of each year.

               7.   The use of the launch ramp is primarily for the benefit of the
                    general public engaging in recreational boating.

               B.   Fees

               1.   Fees shall be established as in Section 5.7 of this ordinance.

                                                     149

                                           Appendix 2, continued

                           No person shall fish or swim from the floats or the bulkheads.

                      2.   The provision of this section (5.62) of the ordinance :shall be
                           posted in plain view at the floats and along the bulkheads at
                           "Market Square Landing Docks", on the Central Waterfront.

                      3.   Enforcement of the provisions of this section (5.62) of the
                           ordinances and collection of any and all docking fees created
                           thereunder, shall be within the authority and responsibility
                           of a Dockmaster, who shall be under the direction and control
                           of the Harbormaster of the City of Newburyport.

                                                      150

                                         Appendix 2, continued

                                              Section 5.6 Fees

              A.    Establishment

                    The Harbor Commission shall establish fees and may amend them from
                    time to time, for all the facilities governed by this ordinance. The
                    Commission shall establish fees subject to the approval of the City
                    Council. Said fee schedule shall be published and available to the
                    public upon request.

               B. ACCOUNTS AND APPROPRIATIONS

                    All of the fees collected under paragraph "All above and any money
                    generated through this ordinance shall be deposited into accounts
                    designated by the City Council for the sole purpose of returning
                    said fees to the management and operation of the harbor. REvenues
                    shall not be appropriated from these accounts for any expense
                    except harbor operation, maintenance to the harbor, capital
                    improvements to the harbor and for matching state and local grants
                    for harbor related projects. Approvale of the Mayor and City
                    Council shall be necessary to appropriate said funds for harbor
                    related operations.

                                                    151

                                          Appendix 2, continued

                                         Section 5.7 Fine and Penalties

                A.   Penalty for violations of the foregoing sections shall be punished
                     by a fine of not less than $50.00 nor more than $300.00 per violation.

                B.   Prosecution shall be under Chapter 102, Section 25, of the
                     Massachusetts General Laws.

                C.   Any fees which are not paid may be converted to a civil assessment
                     payable to the City of Newburyport.

                D.   Non payment of berthing fee and/or removal of vessels for non payment
                     of same shall result in loss of permanently assigned berthing for
                     a minimum of one twelve month period.,

                                                      152

                                            Appendix 3

                                 CITY OF NEWBURYPORT

                                              IN CITY COUNCIL

           ORDERED                                   ------------ February--1-3 ------------- 19 --89

                That the following fee schedules and accounts thereto be established for boats
                using Newburyport Harbor and that the Harbor Commission is hereby instructed
                to implement said fees effective as of March 1, 1989, with the exception of
                the slip fee. Said slip fee shall take effect March 1, 1990.

                There shall be a mooring fee for all boats in Newburyport Harbor. Said fee
                shall be established at one dollar ($1.00) per foot per season. There shall
                be a minimum fee established of twenty dollars ($20.00) per season.

                There shall be a slip fee for all boats in Newburyport Harbor. Said fee shall
                be established at one dollar (1.00) per foot per season. There shall be a
                minimum fee established of twenty dollars ($20.00) per season.

                All mooring and slip fees collected shall be deposited into a fund referred to
                as "Reserve for Appropriation - Municipal Mooring Fees and Slip Fees". Said
                revenue shall not be appropriated from this account for any expenses except
                harbor operations, maintenance to the harbor, capital improvements to the
                harbor, and for necessary matching funds for any grants for harbor related
                projects.

                There shall be a launch fee established for all recreational and commercial
                boats using the launch ramp(s) situated at Cashman Park. Said fee shall be
                established for recreational boats at three dollars ($3.00) per launch or
                thirty dollars ($30.00) per season. Said fee for commercial boat haulers
                shall be established at fifty dollars ($50.00) per launch or fifteen hundred
                dollars ($1,500) per season.

                All launch fees collected at Cashman Park shall be deposited into an account
                known as the "Cashman Park Launch Ramp" Account. This is in accordance with a
                "Land Use Agreement" to be executed with the state and in accordance with the
                state grant to construct a new launch ramp at Cashman Park.

                Said revenue deposited in the "Cashman Park Launch Account" shall not be
                appropriated from this account for any expenses except improvements to and/or
                repairs to the Cashman Park Launch ramp or improvements to and/or repairs to
                that portion of Cashman Park utilized by boaters in conjunction with the
                Launch Ramps.

                                                         -Villiam, E. Ou'rczak,&e.

                                                     153

                                    Appendix 3, continued

             In City Council, February 13, 1989:

             Councillor Welch moved, seconded by Councillor Bell to approve.
             On roll call, 8 yes, 1 present (Nolan), 2 absent (Harnch,Leary).
             Order approved.
                                                                /A
                                       Attest:
                                              i@i6hael J. 4ullivan,City CT-erk

             Approved, February 14, 1989

             Edward G. Molin,Mayor

                                               154

                                      Appendix 4

                              CITY OF NEWBURYPORT

                                         IN CITY COUNCIL

             "0
          ORDERED                                     --.---Apr i I __24 --------------- 19 89--

          That in accordance with Section 5-6, Fees, of an ordinance enacted
          on March 13, 1989 entitled "General Harbor Regulations for the City
          of Newburyport", the following fees be established for the     use of
          floats at the Central Waterfront Docks:

                     DAYTIME - a. For craft up to twenty (20) feet in    length
                                   overall, $1.00 per hour or fraction   thereof.

                                b. For craft twenty (20) feet to forty   (40) feet
                                   overall, $2.00 per hour or fraction   thereof.

                                c. For craft forty (40) feet to sixty   feet
                                   overall, $3.00 per hour or fraction thereof.

                                d. For craft over sixty feet overall $5.00 per
                                   hour or fraction thereof.

                      OVERNIGHT-   Any craft secured to the floats at 7:OOPM or
                                   any time between 7:OOPM and 7:OOAM shall pay
                                   fifty cents (50) per feet overall length
                                   overnight docking fee for the period 7:OOPM
                                   to 7:OOAM.

                     TWENTY FOUR HOURS
                                   Persons wishing to secure a craft for a twenty
                                   four 24 hour period shall pay a fee in advance
                                   of fifty (50) cents per foot overall length.

                                           Councillor William E. Gurczak

      In City Council, April 24, 1989:

      Councillor Hawryl.ciw moved, seconded by Councillor Nolan to amend by deleting
      the entire section regarding the fees for twentv=four hours. So voted.

      Councillor Lawler moved, seconded by Councillor Nolan to approv,@ a,,., amended.
      So voted.

      Approved, April 25, 1.989:       Attest:
                                                  h a e 1 JT .41. ZIft-a n , C i t yrk
      Edward G. Molin,Mayor

                                              155

                   Newburyport Harbor Commission                                                           June, 1989
                   Management Plan

                                                               Appendix 5

                                                    ANNUAL YIELDS 1950 - 1980

                                                   MERRIMACK RIVER CLAM FLATS

                                Year                                                     Yield (Bushels)

                                1950                                                             102
                                1951                                                                 8
                                1952                                                             958
                                1953                                                           1119
                                1954                                                             851
                                1955                                                           1116
                                1956                                                           1514
                                1957                                                             3 52
                                1958                                                             105
                                1959                                                             35@@
                                1960                                                             666
                                1961                                                             400
                                1962                                                             346
                                1963                                                           1205
                                1964                                                           1470
                                1965                                                           1469.5
                                19 6 6                                                           720.5
                                1967                                                             3 27 . 5
                                1968                                                             30:3.5
                                1969,                                                            146.5
                                1970       1980

                                                                    156

          Newburyport Harbor Commission                                   June, 1989
          Management Plan

                                          Appendix 6

                          DIVISION OF MARINE FISHERIES MONOGRAPH

                        POINT AND NON POINT POLLUTION SOURCES 1964

            A. Shoreline Survey

                In all, 9 definite and 36 potential sources of pollution were
                identified.

                               Definite Sources of Pollution

                Salisbury

                Dl  Chlorinated sewage discharge from Salisbury Water Company's
                    1611 concrete outfall into Black Rock Creek, 2001 west of
                    rotary on State Reservation Road.

                D2  Sewage leachate from failing septic system at Turnbuckle
                    Lounge on Bridge Road.

                D3  Sewage leachate from failing septic system at Riverview
                    Restaurant on Bridge Road.

                D4  Sewage discharge from 121 corrugated pipe emerging into
                    ditch by Texaco Station on Bridge Road.

                D5  Culvert on Ferry Road approximately 200 yards north of
                    First and March Streets.       Drains marshland receiving
                    sewage leachate from failing septic systems on Route 1A.

                D6  Sewage discharge from 411 C.I. pipe emerging from banking
                    between transmission lines and old barge at Rings Island.

                Newburyport

                D7 Discharge from 3611 concrete pipe between Michael Is Harborside
                    and Route 1A Bridge.

                D8  Discharge from 3611 concrete pipe at foot of Hudson's Boat
                    Ramp.

                D9  Discharge from 2411 Sewage Treatment Plant outfall 2001
                    from shore.

                                             157

              Newburyport Harbor Commission                               June, 1989
              Management Plan

                                       Appendix 6, continued

                                  Potential Sources of Pollutioij

                    Salisbury

                    Pl  Drainage ditch along the east side of State! Reservation
                        Road.

                    P2  Drainage ditch immediately north of rotary and gatehouse
                        on State Reservation Road.

                    P3  Second drainage ditch north of rotary.

                    P4  Third drainage ditch north of rotary.

                    P5  Fourth drainage ditch north of rotary.

                    P6  Ditch behind Emerson's Electric Company on Bridge Road.

                    P7  Ditch behind Motorsports, Inc. on Bridge! Road.

                    P8  3611 concrete drainage pipe to left of Manson's Boat Yard
                        200 yards off Bridge Road.

                    P9  Culvert at the intersection of First and. March Streets.

                    Newbur7port

                   P10 811 combined sewer outfall on Merrimac St:,eet between
                        Spofford and Moulton Streets.

                   Pll  811 combined sewer outfall between Coffin and Ashland
                        Streets near 369 Merrimac Street.

                   P12  1211 concrete pipe behind Gould Engineering.

                   P13  2011 vc pipe and 1611 drain behind Towle Manufacturing.

                   P14  16" drain upstream from Cashman Boat Ramp.

                   P15  2411 concrete storm drain at the intersection of Plum
                        Island Turnpike and Old Point Road.

                   P16  411 plastic pipe from house at #2 Plumbush Downs.
                           P

                   P17  4" C.I. pipe from house at #16 Plumbush Downs.

                   P18  811 C.I. combined sewer outfall between Beacon.

                   P19  Two (2) 1811 concrete drainage pipes at southwest corner of
                        Sportsman's Lodge parking lot.

                                                158

          Newburyport Harbor Commission                                June. 1989
          Management Plan

                                   Appendix 6, continued

               P20 36" culvert of f Plum Island Turnpike north of telephone
                   pole #66.

               P21 Drain opposite Peterson's Clam Shack.

               P22 Three (3) 411 clay pipes emerging f rom Thurlowl s Clam
                   Shack.

               P23 1211 corrugated steel street drain behind #247 Water Street.

               P24 1211 corrugated steel street drain behind #243 Water Street.

               P25 2411 corrugated steel street drain behind #241 Water Street.

               P26 121 vitrified clay pipe behind #235 Water Street.

               P27 2411 corrugated steel drain at east end of Water Street
                   Boat Ramp.

               P28 41 drains along bulkhead.

               P29 1211 concrete pipe with headwall approximately 150 feet
                   east of boat ramp.

               P30 2411 concrete pipe with headwall approximately 150 feet
                   from east end of bulkhead.

               P31 3611 concrete pipe at east end of bulkhead.

               P32 1211 C.I. pipe behind Atkinson Lumber.

               P33 Clear flow behind Atkinson Lumber at base of landfill.

               P34 Flow f rom base of bulkhead behind Atkinson Lumber at
                      east side of inlet.

               P35 81' clay pipe between Atkinson Lumber and Tri-Coastal
                   Fisheries, Inc.

               P36 1211 concrete pipe under Coast Guard Pier behind Mass
                   Electric.

                                            159

               Newburyport Harbor Commission                                       June, 1989
               Management Plan

                                                 Appen ix 7

                                   A CHECK LIST OF ALL. SPECIES OF FLORA
                                    COLLECTED AND IDENTIFIED FRON THE
                                   NERRINACK RIVER ESTUARY. 1963 - 1964

                  Scientific Name                               Common Name

                                                    AL GA E

                  Class: Chlorophyceae                          green algae
                   Chaetomorpba sp.
                   Derbesia vaucheriaformis
                   Enteromorpha mathinata
                   Monostroma. sp.
                   Ulothrix flacca
                   Ulva latuca                                  sea lettuce
                  Class: Rhodophyceae                           red alg,ae
                   Chondrus crispus                             Irish moss
                   Physodrys rubens
                  Class: Phaeophyceae                           brown algae
                   Agarum cribrosum                             holed 'kelp
                   Ascophyllum nodusum.                         rock weed
                   Desmarestia aculeata
                   Fucus spirals                                rock weed
                   Fucus vesiculosis                            rock weed
                   Laminaria saccarina                          kelp

                                               VASCULAR PLANTS

                  Acorus calamus                                sweet flag
                  Artemisia stelleriana                         dusty miller
                  Eleocharis sp.                                spike rush
                  Lythrum salicaria                             swamp loosestrife
                  Pontederia cordata                            pickerel weed
                  Sagittaria latifloia                          duck potato
                  Scirpus americanus                            three square bull    rush
                  Scirpus validus                               soft  stem bull rush
                  Spartina alterniflora                         salt water cord grass
                  Spartina patens                               high  water cord grass
                  Spartina pectin                               fresh water cord grass
                  Zizania acquatica                             wild rice

                                                      160

    								Appendix 8

    							 CITY OF NEWBURYPORT

    							   IN CITY COUNCIL

    ORDERED										 March 13				1989

    	That the City of Newburyport, for the sum of one dollar, accept the transfer
    	of all harbor floats from the jurisdiction of the Newburyport Redevelopment
    	Authority.

    	Upon receipt of said harbor floats, they shall be remanded to the care of the
    	Newburyport Harbor Commission for proper maintenance.

    									Councillor Laura Rowe

    	In City Council, March 13, 1989:

    	Acting President Rowe, with the approval of the members, relinquished the chair
    	to Councilor Harnch in order to speak on this issue.

    	Councillor Rowe moved, seconded by Councillor Hawrylcaw to table.  So voted.
    						Attest:
    							Michael J. Sullivan, City Clerk

    	In City Council April 10, 1989:
    	Councillor Rowe moved, seconded by Councillor Battis to take from the table.  So
    	voted, with Councillor Hawrylciw voting no.
    	Councillor Rowe moved, seconded by Councillor Welch to approve.  On roll call
    	10 yes, 1 no (Hawrylciw).  Order approved.

    						Attest
    							Michael J. Sullivan, City Clerk

    	Approved, April   , 1989					   A TRUE COPY ATTEST

    	Edward G. Moli    yor

    										161

               Newburyport Harbor Commission                                     June, 1989
               Management Plan

                                                Appendix 9

                                          Maintenance Dredging

                      The U.S. Army Corps of Engineers has developed the following
                 historic dredging profile:

                      Year                         Material Dredged-(cubic yards)

                      1987                                    158,000
                      1983                                    123,500
                      1981                                    102,633
                      1977                                     54,000
                      1974                                     93.650
                      1971                                    106,196
                      1969                                     86.000
                      1966                                     50.000
                      1964                                    131,102 (1)
                      1962                                    250,000 (1)

                 (1)
                 Quantity of material dredged computed on the basis of bin measurement
                 rather than by comparison of pre-dredge and after dredge surveys.
                 Bin measurement tends to overstate quantity of material dredged.

                                                    162

           Newburyport Harbor Commission                                   June, 1989
           Management Plan

                                               MAPS

                                                Map 1:  Changes in Harbor Entrance

                                                Map 2:  Mills and Shipyards

                                                Map 3:  Shipyards and North End

                                                Map 4:  The U. S. Army Corps of
                                                        Engineers Federal Channel

                                                Map 5:  Plum Island:       B a r r i e r
                                                        Beach Inventory

                                                Map 6:  Location and Names of Clam
                                                        Flats: Merrimack River

                                                Map 7:  Location of Shellfish
                                                        Flats and Contaminated
                                                        Areas

                                                Map 8:  Location of Definite
                                                        Sources of Pollution

                                                Map 9:  Existing Zoning

                                                Map 10: Existing Land Use

                                                Map 11: Existing Water Use

                                                Map 12: Land Use Plan

                                                Map 13: Water Use Plan

                                                Map 14: Dredge Disposal Sites

                                                                                                  SALISBURY
                                                                                                        BEA CH

                                                                                                                                                                    AH

                                                                                                                                                                                                                   NORTH JETTY

                                                                                                                                                    .. .........
                                                                                                                                                                                                     1yCRR11YA Cff /q/ VE19
                                                                                                                                        ........... .
                                                                                                                                       .... .. ..... .. ..
                                                                                                                                                                                                                'o On" lw
                                                                                                                                                ... . . .

                                                                                                                                                                                              ......... .
                                                                                                                                                                                                                   SOUTH JETTY
                                                                                                                                                    PLUM ISLAND.*.:@                   .... . .... ..
                                                                                                                                                          ......................

                                                                                                                                                   . .... .. .... ..... .....

                                                                                                                                                                                  ....... ... ........ ..........
                                                                                                                                                                                              ...........

                                                                                                                                                                                              .. ... .... .

                                                                                                                                                            .. .... .                     ..
                                                                                                                                                                     . ..............
                                                                                                                                                                            .........

                                                                                                                                                                                              . ... .........
                                                                                                                  ... .........
                                                                                                             . ..........
                                                                                                                 ............. .

                                                                                                               . .........

                                                                                                              . ........ ....                                                                   . .... ...

                                                                                                                                                                                  ...... .........
                                                                                                                                . .. .......
                                                                                                                            ... .......... ....
                                                                                                                                                                                       . ..........

                                                                                                                                                                                                     . .........
                                                                                                                                              ....... . . .

                                                                                                                                                                                                     .. ....... .
                                                                                                                              .............

                                                                                                                                    ... . ..... ........

                                                                                                                                                 ... ............. V.:.
                                                                                                                                                                                                     .. .. .. . ... .

                                                                                                                                                   ... . ....... . .....                             ....... ....

                                                                                                                                                       ............ .. ..

                                                                                                                                          PL LIM ISt A NO

                                                                                                                  SHORE t INES A T MEAN                                    HIGH           TIDE

                                                                                                        --------1827, U.S, ARMY ENGINEERS
                                                                                                                                              US ARIVY ENGINEERS
                                                                                                                                19 16, US ARM Y ENGINEERS
                                                                                                        --1940, R.L. NICHOLS (PLUM ISLAND ONLY)
                                                                                                        11A CH                                                                                              MA P 1
                                                                                                                                                                                                            CHANGES IN
                                                                                                                                                                                                            HARBOR ENTRANCE

                     PREPARED roR. ary or NirwBuRypoRr - HARBOR MANAGEMENT PLAN
                     DRAWN BY: DRAFT MASU

                           CARR ISLAND

                                       41    41

                                 COFFIN
                                                             RAM'
                                                           ISLAND
                                                          4.
                                      CURRIEP -,k-
                                      CURRIER &

                                                 JACKMAN
                                                      MERRILL
                                                       JOHN CUR@@R

                                                              MANSON
                                                                                                                                 SA L ISS UR Y

                                                                           ESSEX
                                                                            HILL

                                                                                              A rKINSON & FILLMORE
                                            c                                             BARTLET @0                         A S-K
                                                                                                               FEA &W                       R
                                                                                                       WA TER        L             GREENLEAF
                                                                                                                                       @,JOHNSON
                                                                           J)                                                                 CROSS

                                                                                                                                           JA UES UIL L

                                                                               OL
                                                             T                     YING                                                        WOODWELL

                                                                   GHLA
                NEWBURYPORT                                        CEM.
                                                                     C@n                                                        NN

                                                                                                + +
                                                                                                      +
                                                                                              OAK HILL
                                                                                                 ETARY

                                                                 Ln
                     INDUSTRML           -K

                                                                                                             MAP 2
                                                     NEWSU            y                                      MILLS AAD @.)`HIPYARDS.,
             PREPARED FOR.- CITY OF NEWPURYPORT   HARBOR MANAGEMENT PLAN
             DRAwN By. oRAFT mAsTrR

                                                    LEGEND
                 NO  ISAMUEL COFFIN - L ATER W C COFFIN -NAT CHASE - C COLLINS - JOSEPH COFFIN
                 NO  2JOSEPH COFFIN - LA rt-R W C. AND JOSEPH, SONS Of- JOSEPH COFFIN - NAT. CHASE - rZRA TRUMBELL
                 NO J JOHN CURRIER, JRD                                                                         MERRIMA 6
                 NO  4ELISHA BRIGGS - LA 7ER CURRIER & MCKA Y - CURRIER & TOWNSEND - W C CURRIER - COLBY & LUNT
                        CHARLES H CURRIER & CO - GEORGE C CURRIER & CO - W S CURRIER                                          MOGGRID
                 NO  5ELMS, JOSEPH, STEPHEN AND GEORGE W JACKMAN.
                 NO  6SAMUEL MOGGRIDGE - LA 7ER JONA THAN, NA THAN, ORLANDO AND JAMES MERRILL YcKA Y & PICKETT                  0
                      - JAMES L. TOWNSEND - HARDY BROTHERS                                                                     0.
                 NO  7JOHN CURRIER, JR

                                                                   NO. J
                                                                                                                           NO. 6

                                  NO. 1
                                                                                 NO. 4                NO. 5
                               COFFIN 5

                                                NO. 2
                 A    CT                                                           B.    c                                     F.
                                          Cz>

                                       m   RRIMA C

                                            C-)
                                            C3

                                             Ll
                         Ln                                                           IS

                                                                                                         Lo

                                                                                       Lo
                            LEGEND

                 A.  COUNTING HOUSE
                 B.  CURRIER & TONSEND WORK SHOP
                 C   C. & T WORK SHED AND SM17H SHOP
                 D.  MOSES FOgffR'S SHbP
                 E.' PET77GREW SM17H SHOP
                 F OX BARN
                 G. COUN71NG HOUSE
                 H.  j CURRIERS WORK SHOP

                                                                                     SALISSURY
                                                                                                                                                                                     -r IC
                                                                                                                     -Cr A@SALI.,         BEACH            A ITLI AN//
                                                                                                                               STA TE      VA TION
                                                                                                                                                                 0 CEA N

                                                                                                                               BADGERS
                                                                                                                                 ROCK
                                                                                                                   BLACK
                                    RINGS                                                                          ROCKS                                     NORTH JETTY
                  TREAM LIMI           A
                   FEDERAL                                                                                                                 PLUM                                        400 FT
                    OJECT                                                                           2DO FT                                    ISLAND
                                                                    R                    9 FOOT CHANNEL                                          POINT     SOUTH TTY
                                                                                        (12 FT DEPTH NOT
                                                        TURNING           200 Fl.      DREDGED    INACTIVE)   A T  S         GRASS                                                 12 FOOT CHANNEL
                                                         BASIN                                                                                                                    (15 FT. DEPTH NOT
                                                                                                                                                                                 DREDGED - INACTIVE)
                                                                                    "lleo

                                                                                                     WOODBRIDGE                                                               BRIDGE' CLEARANCES
                      NEWBURKPORT                                                                       ISLAND                                     THE
                                                                                                                                                 BA SIN                  R TE I BRIDGE (SWNG)
                  TO                18'                                                           GRASS                                                                         76 FT HORIZ.
                    [L. = 12. 0'            OCEAN                                                                      HArF                                                     I J F T VL`R T (CL OSEQ)
                   P OF MOUND
                                               M. H. W EL.                GRASS                                         11Z Al
                                                                                                                                                                         S&M R R BRIDGE (SWAG)
                 RI VLER SIDE                    L. Y. L
               alur: JLurL                                                                                                                                                      CQ CT IJIID17
                                                                                                 GRA,@5S@@@ TUPNP@IXE\
                                                                                                                                                                                'IJ'  VERT (CLOSED)
                                                              1:2
                                                  EXIS77NG BOTTOM
                                                                                                 N
                                                                                             @ISLAD
                                                           @)IUt

                  I'D110C C'rl'TII)AI tlf'   AIIIDTLJ lr'77V
                            l)LLllL/ly V/   IYVI% I I I %lL
                                                                                         LANDlrl@'@
                    TOP OF MOUND        18         RI V@R SIDE
                       Et. = 12. 0'                SIDE SLOPE 1:1                                                                                          MAP 4
                                               Y.H.W EL.=78'
                 OCEAN SIDE                           K7=@OT-                                                                                              THE U.S. ARMY
               SIDE SLOPE                                                                                                     NEWBURK
                  1:2                                    EXIS77NG BOTTOM                                                                                   CORPS OF ENGINEERS
              -CROSS SECTION OF SOUTH JETTY                                                                                                                FEDERA L CHA NNEL

                                                                                                   CIRCLED CODE NUMBER REFERS TO DELINEA TED HIGH
                                                                                                   HAZIRD DEVELOPED BARRIER BEACHES IN YOUR COMMUNITY-
                                                                                                   UNCIRCLED CODE NUMBERS IN YOUR COMMUNITY REFER
                                                                                                   TO PROXIMA IF UNDE@ELOFED OR LESS HAZARDOUS
                                                                                                   BARRIER BEACHES,

                                              R T IA

                                                  BROWN'S POIN
                                                                                                                A ILANTIC
                                                              AO'
                                            LISBURY

                                                                                  SAL        BEA CH
                                                                                 S TA         VA TION't

                                                                             Q,
                                                                                                                      UC[AN

                                                                                      DOERS
                                                                         BLACK       Ro;*
                                                                         ROCKS
                                                                                                         - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                                                            v                              V5L
                                                        R                                      ISLAN
                                                                                                 POIN 7\
                                         C
                                                                                                     p
                         R
                                                          L A T S

                                                                                     -1N
                                                         WOODBRIDGE
                                                          ISLAND                                     B

                                                                             Is.

                                                                      UY BUSH            TURNPIKE

                                                   ISLAND
              NE WS UR YP
                                            LANDIN
                                                                                                                             MAP 5
                                                         @ tt,

                                                                                                                             PLUM ISLAND
                                                                                           NEWBURY                           BARRIER BEA GH
                                                                                                                             IN VEN TOR Y

            PREPARED FOR. CITY OF NEWBURWORT - HAR80R MANAGEMENT PLAN
            DRAWN BY: DRAFT MASTER

        t3c)

                                                SALISBURY                                                                                                    A TLA N TIC
                                                                                                                                                                OCEAN
                                                                                                  RIVER--' HUMPSAND FLAT          OLD POINT FLA IS
                                                                                                                                  OLD POINT MUSSEL BED

                                                                                                                                                  BALLS FLATS SEC77ON I
                                                       MINIMA CK- -       'HUMPSAND MUSSEL BED
                                                                                  FLA T GROUNDS                                                   BALLS FLATS SECTION 2

                                                                                    POR TA R@TH@UR
                                                                                        L T
                                                                                        L T
                                                                 JOPPA FLATS      @7F A            NOR THEA 5 T                          BASIN
                          NEWBURYPORT                             SECTION I                          SANDS

                                                                                      SECTION 2
                                                                                                                                  THE SOUND

                                                                                              NFWBURY
                                                                                                                                             MAP 6
                                                                                                                                             L 0 CA TION A ND NA MES
                                                                                                                                             oFaAM FLA TS,
                                                                                                                                             MERRIMA C. K RIVER

                                                               SALISBURY
                                                                                                                                                                                                                 A TLANTIC
                                                                                                                                                                                                                     OCEAN
            5Z
                                                                                                                                                                                 PL Um
                                                                                                                                   01VER-                                       ISLAND
                                                                                                                                                                                 POINT

                                                                                                                                      .................. ..
                                                                                                                                       .................
                                                                                                                                        ................                      ...
                                                                                                                                         ...............                       ...
                                                                                                                                        ...... I ........                       ...
                                                                                                                                          ..............
                                                                                                                                          ..............
                                                                                                                                           .............
                                                                         MERRIMACK- -

                                                                          ........................................
                                                                           ................................................
                                                                          ................................................
                                                                                                                                                                        OLD
                                                                            ..............................................
                                                                              .......                                                                                  POIN T
                                                                              ...............   ` ` ` * " ` ' * ' * ' * ' * ' ' ' ' ` * `* ' ' ' * , '
                                                                                                                                     WOODBRIDOE
                                                                                       ..............................
                                                                                  .........................................
                                                                                  ........................................
                                  NEWBURYPORT                                      ...........................................                                        MARSH
                                                                                                                          .....         ISLAND                                          .........
                                                                                                      .......................

                                                                                         .........................................
                                                                                           I.............  I.........................
                                                                                          .........................................
                                                                                           ..........................................
                                                                                           .........................................
                                                                                                  ....................................
                                                                                            .........................          ...........
                                                                                                                                                            SEA L
                                                                                                     ..................................
                                                                                               .......................................
                                                                                                     .................................
                                                                                                   .................................
                                                                                                   ..................................
                                                                                                                       .................

                                                                                                                               NEWBURY

                                    MODERA TEL Y CONTAMINA TED AREAS.- 94.9 ACRES                                                                                               MAP 7
                                    (OPEN TO DIGGING WITH TREA IMEN T)                                                                                                          LOGA TION OF SHELLFISH
                                    GROSSL Y CON TA MINA TED A REA S- 4J5. J A CRES                                                                                             FL A TS A ND C ON TA MINA TED
                                    (CLOSED TO ALL DIGGING FOR HUIVAN CONSUMPTION)                                                                                              A REA S

                                 86@QMA IyA
                                               R.
                                                                     \V

          At,
                                                                                                                                      A TLAN TIC

                                                                                                                 D!
                                                                                                                                          OCEAN
                                                                        D2                    BUR Y
                                       CARR
                                        ISLAND

                                                 RA                 Di
                               U/4                                OD
                                                                  D5
                                                                                                            V E

                                                                                                                          'A
                                                                                                                     iL-L- ISLA

                                                                        nQ                              F
                                                         @U @171@&,-                                                     Mob)-

                                                                J` 1-3
                                                                                                      ISLAND
                                                                   fiR

                       UR        RT

                                                                                                         IMAID1 ID V
                                                                                                       IYL ryvvii

                                                         Ln

                                                                                                                               MAP 8
                                                                                                                               L 0 CA TION OF DEFINITE
                                                                                                                               SOURCES aF POLLUTION

                                                                                               ..........

                                                                                                                                              *%

                                                                                                                  Z\          V__
                                                                                 ..........                                                                WYD

                                                          ...   ...                                                                                      NAD fl

                                                                                                                  RES
                                                                                                    .......      ........                                                    IND

                                                                                                                                                                                                 IND H

                                                                                                                                                                                                        IND fl

                                                                        VC
                                                                                                   NEWBURYPORT

                                                                                                                                                                                    H
                                                                                                            ----------

                                                                                                                                                                     BURY
                                                                                                                                                               NEW
                                                                             %1.    All,

                                                 PREPARED FOR. CITY OF NEWBURYPORT   HARBOR MANAGEMENT PLAN
                                                 DRAWN BY.- DRAFT MASTER

                                                                                                                                                           ...........

                                                                                                                                         ..........................
                                                                                                                                                                                            . ...........
                                                                                                                                                     .............  .......
                                                                                                                                         .........       .......
                                                                                                                                                                                                                           ...........

                                                                                                                                                                                                                                .. .........
                                                                                                                             ..............                         ..... ..

                                                                                                                                                 ..........
                                                                                                                                      ... ........
                                                                                                                             ...................
                                                                                                                                    ..........
                                                                                                                             ..........
                                                                                                                             . .............. ...
                                                                                             of                              ....... .......
                                                                                                                                ...........

                                                                                                                                                                         ... ... .... .     - -
                                                                                                                                                                         ... . .... ..    ... ....                                           ............

                                                                                                .......    .............
                                                                                                                                                                        ...     ..... ...

                                                                                                                                      . ..... ....
                                                                                                       ... ...........                                 ...... *.                                     @TOR        A

                                                                                                                                                                                                             I N
                                                                                                                                                                                           ....... .......-
                                                                                                                                                                                              .................
                                                                                                                                                                                                         ...............

                                                                                                                                                                                                                 ...............
                                                                                                                                                                                              ........... .  ...............

                                                                                                                                                                                            ..............

                                                                                                                                                                                        .... . .....                             ........

                                                                                                                                                                                      ............

                                                                                                                                                                                                  . .........

                                                                                                                                                                                                                                                                                                                                                                                     ...................
                                                                                                                                                                             .....         . ........ . .....                   .. ... ......    ..........
                                                                                                                                                                                             ...........
                                                                                                                                                                                                                .. ...             ........  ................
                                                                                                                                                                          ........         .....                                   ........    .............   ........
                                                                                                                                                                                                                        ...................... ...........- ..........
                                                                                                                                                                                                           ....                              ........
                                                                                                                                                                                                                                   ...........                ........
                                                                                                                             ........ ....
                                                                                                                                                                                                           ................                              ... ......
                                                                                                                             .......... ...............                  .......-                       .......
                                                                                                                                                                                 NEWBURYPORT
                                                                                                                                                                                              ...............

                                                                                                                                                                                                -----------

                                                                                                                                                                                                                                                                                             OEWBURY

                                                                                    PREPARED FOR.' CITY OF AfEWMIRYPORT                               HARBOR MANAGEMENT PLAN
                                                                                    DRAWN BY.- DRAFT WSW

                     J1,
                     D,                                   YESBURY
                     :ju_
                                                                                                BOSTON & UAINC Rj?

                                                                                                                                                          ,fJ-

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                                                                                                                    DREDGE DISPOSAL SITES

             PRrPAR.rD FoR.- CITY OF NEWBURYPORT - HAR90R MANAGEMENT PLAN
             DRAWN BY. DRAFT MASTER

         Newburyport Harbor Commission                               June, 1989
         Management Plan

                                       BIBLIOGRAPHY

          Newburyport Harbor Commission                                   June, 1989
          Management Plan

                                         BIBLIOGRAPHY

             Breen, Ann and Rigby, Dick.      Caution:   Working Waterfront, The
             Impact of Change on Marine Enterprises.       Washington, D.C.:     The
             Waterfront Press, 1985.

             Coffin, J.   A Sketch of the History of Newbury, Newburyport        and
             West Newbury from 1635-1845. Boston: Drake, 1845. p. 416.

             Currier, J.J.     History of Newbury, Massachusetts 1635-1902.
             Boston: Damrell and Upham, 1902. p. 775.

             Dunham, James W. and Finn, Arnold A.          "Small Craft Harbors:
             Design, Construction, and operation." Special Report No. 2.
             December, 1974.     Prepared for:     U.S. Army Corps of Engineers,
             Coastal Engineering Research Center, Virginia.

             Jerome, W. C., Jr., Chesmore, A. P., Anderson, C. 0., Jr. and
             Grice, F.    "A Study of the Marine Resources of the Merrimack
             River Estuary."     Mono. Ser. No. 1.      Massachusetts Division of
             Marine Fisheries. 1965. p. 90.

             Massachusetts Department of Environmental Quality Engineering and
             Merrimack Valley Planning Commission. "Sanitary Survey of Merrimack
             River Estuary and its Tributaries." 1981.

             Massachusetts Office of Coastal Zone Management. "The Way to the
             S e a :Methods for Massachusetts Communities to Provide Public
             Access to the Coast." 1985.

             Moore, John, Jr., Editor.      "Keeping Afloat Amidst tbe Gales of
             Regulations."    28 March 1986.    Proceedings of a Conference held
             at the Woods Hole Oceanographic Institute, Sea Grant Advisory
             Service.   Sponsored by:  The Massachusetts Coastal Zone Management
             Office, the Woods Hole Oceanographic Institution.          Publication
             Date: 13 August 1987.

             U. S. Army Corps of Engineers.       "Low Cost Shore Protection:      A
             Guide for Local Government Officials." 1981.

             Wrenn, Douglas M..      Associate, Urban Land Institute, Casazza,
             John A., Associate,     Urban Land Institute and Smart, J. Eric.
             Associate, Urban Land Institute.      Urban Waterfront Development.
             1984.

                                     in press.  "Water resources of the Parker and
             Rowley River Basins.11 Massachusetts: U.S. Geol. Survey. Hydrol.
             Inv. Atlas HA --- 247.

                                               177

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