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HomeMy WebLinkAboutBuilding Permits (3)DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M. G. L. Chapter 91 Waterways License Application Number X271336 Martha and Tommy Zurn NOTIFICATION DATE: July 1, 2016 Public notice is hereby given of the waterways application by Martha and Tommy Zurn to license and maintain a timber bulkhead, pier, ramp and floats at 172 Blue Rock Road, in and over the waters of Bass River, in the municipality of Yarmouth, MA, Barnstable County. The proposed project has been determined to be water -dependent. The Department will consider all written comments on this Waterways application received within 30 days subsequent to the "Notification Date" Failure of any aggrieved person or group of ten citizens or more, with at least five of the ten residents residing in the municipality(s) in which the license or permitted activity is located, to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (508) 946-2748. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only at the address below. Written comments must be addressed to: Dahlia L. Medeiros, Environmental Engineer II, DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA 02347. RECEIVED JUL 55 2016 BUILDING LiEFA�TMENT By - Ow ComnronweaCtk OfWassacFiusetts, �r:+c, No. '0 wo"'Oft SIMPLIFIED LICENSE BRP WWO6 App6kaut must #ill in pages f and 2 of this iliceum Martha and Tomm r.Zum of the Town/City of Yarmouth in: Barnstable Aolwnfs name TowNCUy County County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simplified License to: Please check. ❑ maintain an wdsting,(preR11W): Please check all that apply below: 0 pier/dock Cj boat ramp Q ramp floats) L1 pile($) © boat lift [} boathouse [j retaining wall/seawall 0 bulkhead 0 rip rap/stone revetment ❑ groin(s) ❑ Nonwater-dependent (NWID) residence ❑ other ® construct a proposed or naintain an existing (post 1984): Please check all that apply below.* pier/dock ramp float(s) to pile(s) ❑ boat lift ❑ pila-supported boat house 0 other 1af,1 %.,,1k t t3oikkt-k$ and has submitted plans of the same; and Whereas due notice of said application has been given, as required by law, to the [Please check one.] ® Board of Selectmen [3 Mayor and City Council, of the Town/City of: Yarmouth Townc * NOW, said Department, having heard all parties desifrng to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses said Licensee, subject to the provisions of the ninety first chapter of the General taws, and of all laws which are or may be in force applicable thereto, to: Please check all that apply. Please check aN that apply. 14 maintain existing structure(s) for: 0 construct and maintain structure(s) for: non c ommeroWdocking/access.to navigable. water. shoreline stabfliastion © residential, NW/D building ❑other Q noncommercial.docking/access to navigable water [� other, in and over the waters of: Bass River in the Tawn/City of: Yarmouth Watervvay TowMcity and in a=rdance with the locations shown and details indicated on the accompanying License Sketch Plan No. (total number. of Sheet(s): _.�. ..N_ ............._.) License # ,. i WPage 2 The total area of the combined structures, measured below mearVordinary high water shall be no greater than a total of 600 square feet for proposed water -dependent structures, odor structures -built or substantially altered after January 1,1984 without any fill. For structures or fill constructed prior to January 1,1984 and not substantially altered since that date: any structures and fill, either water -dependent or nonwater-dependent, total no more than 600 square feet. In both instances structure is not a marina (i.e. does not serve ten or more vessels). Dimensions of all structures are shown on the accompanying plan(s). "I hereby make application for a License to authorize the activities I have described herein. Upon my signature, I agree to allow the duly authorized representative of the Massachusetts Department of Environmental Protection to enter upon the premises of the project site at reasonable times for the purpose of inspection. I hereby certify that the information submitted in this document is true and adcurate to the best of my knowledge, And, upon my signature, that I have read the License and conditions and agree to the terms and conditions set forth herein.' BOX A: Martha and Tommy Zurn Print Name 172 Blue Rook Road Mailing Address South Yarmouth lty/rown (not village) MA 02664 Barnstable state Zip code County j 774-994-2476 maLtgum@,Lo2mcest.net (area code) telephone a -mad Notification: Your signature to the right certifies that you have notified,the entities as c hectced off in the boxes below. Signatu app Date Notification of application has been provided to: (pleso I1 Local Conservation Commission of Selectman ❑ Mayor and City Council Ct►ecafc} 11 Zoning Authority 10 Planning Hoard and has been sent by certMed mail to: (please check) 10 Abutters ❑ Interested Parties Q Landowner (If not applicant) BOX B: If site address is different from mailing address: Site Address of the structures City/Town State Zip Code County BOX C: If the applicant is different than the owner: Owner Engineer/Agent NOTE: This License is not valid until -such time as at has been. numbered -and signed by the appropriate State - officials (see page s) and recorded at the Registry of Deeds. - License # page USE: The structures authorized herein shalt be for private non-commercial use of the licensee. The structures shall not be used for commercial purposes, leased, rented or otherwise let for compensation. Any change in use shall require an amendment to this license by the Department The structures authorized herein shall be limited to the following uses: noncommercial docking and boating access to navigable waters. TERM: This License will expire fifteen (15) years from the date of License issuance. By written request of the Licensee for an amendment, the Department may grant a renewal for the term of years not to exceed that authorized in the original license. . 1. ACCESS: in accordance with any License condition, easement, or other public right of lateral passage that exists in the area of the subject property lying between the high and low water marks" or "below the ordinary high water mark", the Licensee shall allow the public in the exercise of such rights to pass freely over, under or around all structures within such (intertidal) area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on the easterly/westerly or northerlylsoutherly sides of the pier/dock, authorized herein or at each property line, adjacent to the high water shoreline. Said signs shall comply with the Department's signage guidelines (see instructions) and shall be posted immediately upon license issuance or completion of construction. Nothing in this condition shalt be construed as preventing the Licensee from excluding the public from portions of said structure(s) or property not intended for lateral passage. in partial compensation for the private use of structures and/or Of on tidelands and/or private tidelands and/or Great Ponds which interferes with the rights of the public to use such lands, the Licensee shall allow the public to pass on foot, for any purpose and from dawn to dusk, within the area of the subject property lying seaward of the high water mark or, for Great ponds within the public access way delineated on the License plan/or within 5 feet of the ordinary high water, shoreline: This condition shall -not be construed to prevent. the.Licensee.from taking reasonable measures to discourage unlawful activity by users of the area intended for public passage, Including but not limited to trespassing on adjacent private areas and deposit of refuse of any kind or nature in the water or on the shore. Further, the exercise by the public of free on -foot passage in accordance with this condition shall be considered a permitted use to which the limited liability provisions of M.G.L. c.21, sl7c shall apply. y�2}y. Thhyiys License authorizes stngAure(s) and/or fill on: IOWIVIO WO In accordance with the public easement that exists by law on private tidelands, the Licensee shalt allow the public to use and to pass freely upon 0 Private Tidelands the area of the subject property lying between the high .and low water. marks, for the purposes of fishing, fowling, navigation, strolling and the natural derivatives thereof. The Licensee shall not restrict the public's right to use and to pass freely, Q Commonwealth Tidelands for any lawful purpose, upon lands lying seaward of the low water mark. The Commonwealth holds said lands in trust for the benefit of the public. ❑Great Pond... The Licensee shall not restrict the public's right to use and to pass freely» uPa!lying of - the 1 in seaward of the h watermark lawful u h purpose. :_._..._..._._._._._._......_._...._. ------- __.......___._._._..___._..___._..........._..T........w__.______..._M._.__.........__.i Navigable River or $cream The Licensee shall not restrict the public's right to use and to pass freely, _..........._....._._.. .___. for any lawful purpose, 3. Unless otherwise expressly provided by this license, the Licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. Licensee # W, Gage 4 4. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws, Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 5. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This License may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct -said -noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 6. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein. 7. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written _consent -of the owner(s) thereof, S. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to G.L. Chapter 131, s.40, the Wetlands Protection Act. CONSTRUCTION: 9a. The project shall not significantly interfere with littoral or riparian property owners' fights to access and egress their property from the waterway. All structures shall be set back, at a minimum, at least twenty-five (25) feet from abutting property lines, where feasible. . 9b. Structures shall not extend beyond the length of existing piers used for similar purposes; in no case shall the length extend more than % of the way across a water body and shall conform to the square footage requirements as stated in Construction Condition 9a. 9c. Within areas of salt marsh, structures shall be constructed with a minimum height of 4 feet above ground level measured from the bottom of the stringer, and maximum width of 4 feet, or at a 1:1 ratio so as not to have an adverse impact on the salt marsh or aquatic vegetation. Whereas, the width of the pier maybe equal to but not greater than the height. Any ladders shall be constructed of durable materials., shall be fixed to the pier in such a manner so as not to rest on the marsh, shall have a minimum width of 2.0 feet, and shall have adequate railings extending above the pieddock decking in order to facilitate safe passage. 9d. When removed, all seasonal structures shall be stored landward of the mean or ordinary high water shoreline, vegetated wetlands, dunes and all wetland resource areas. $aid storage shall be in conformance with any applicable local, state or federal"requirements, 9e. The float(s) shall be constructed with an appropriate number of piles/pipes, legs or stop blocks attached to the float structural elements In order to maintain at least 24 inches of clearance off the bottom at extreme low tides. 9f. All work authorized herein shall be completed within five (5) years of the date of License issuance. Said construction period may be extended by the Department for one or more one year periods without public notice, provided that the Applicant submits to the Department, thirty (30) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. DOCKING OF VESSELS: 108. Motorized vessels shall be moored stern seaward of the float and shall have a draft no greater than that which provides a minimum of one foot -clearance from the bottom_ at extreme low water.. Where.eeigrass is Present, vessels shall not have any adverse affects on eelgrass in the area. License # r : " `y: '� Page 5 10b. Vessels shall be moored such that they do not become grounded at any tide. 10c. No dredging (including, but not limited to effects of prop wash) is permitted herein, 10d. No boat moored at any dock may block or unduly impede navigation within the waterway or the use of any adjacent dock. COMPLIANCE The Licensee, within sixty (60) days of completion of the licensed project, shall submit a written statement to the Department that the project has been completed in substantial conformance with'the.conditions and plans of said license, or a copy of the Certificate of Compliance for this project issued pursuant to the Wetlands Protection Act (if the project was previously issued an Order of Conditions or Superseding Order of Conditions under said Act). This License shall be void unless the License and the accompanying plan(s) are recorded within 60 days from the date hereof, in the Registry of Deeds for the said County. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. This. License is granted upon the express condition that any and all other - applicable authorizations required due to the provisions hereof shall be secured by the Licensee odor to the commencement of any activity of use authorized pursuant to this License. THE COMMONWEALTH OF MASSACHUSETTS IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this day of in the year date month year Commissioner Department of Program Chief Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS This License is approved in consideration of the payment into the treasury of the Commonwealth by said — of the further sum dollars and zero cents ($ .00) APOCOM of Amount The amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. Approved by the Governor. Boston error t ABUTTER #2 Rn PD License No. t Approved by Department of Environmental Protection Date: MARTHA H. AND TOMMY R, ZURN 172 BLUE ROCK ROAD, SOUTH YARMOUTH, MA 02664 ASSESSORS MAP 101, PARCEL 159 CERTIFICATE #179925 Ex, Dwelling I LOCUS MAP - YARMOUTH, MA II ABUTTER #1 NOTE; ALL STRUCTURES ORIGINALLY LICENSED BY DEP INTERIM APPROVAL #3342 (1993) -"- Top of coastal ban V" __"•'_"�_ Ex. Deck SITE PLAN Existing access 20 10 20 40 80 steps & landings .� SCALE: 1 "=40' Existing 101't timber bulkhead Existing pier, --- ramp, and floats ML o od�acent structore �g9 t ,BASS RIVER (TIDAL) OFLOW A S Io DATUM FOR ALL ELEVATIONS IS MEAN LOW WATER Purpose: Simplified Licensing Plan accompanying petition of: Project Description: Adjacent Property Owners: LICENSE AND MAINTAIN EXISTING BULKHEAD, PIER, RAMP AND FLOAT IN BASS RIVER 1. t'ICQO. LAURA F. TR AT: DENNIS BLUE ROCK ROAD REALTY TRUST MARTHA H. AND TOMMY R. ZURN COUNTY OF: BARNSTABLE 185 SYCAMORE DR., WESJWOOD, MA 02090 172 BLUE ROCK ROAD STATE: MA 2. IAN IM. DOUGLASS SOUTH YARMOUTH, MA 02664 APPLICATION BY: SHOREFRONT CONSULTING 178 BLUE BOCK ROAD SHEET 1 OF 3 DATE: JUNE 23, 2016 SOUTH YARMOUTH, MA Q2664 NOTE: X x.x'= DEPTHS SHOWN WERE MEASURED AT MEAN LOW WATER ON 6/23/16 BY SHOREFRONT CONSULTING Ex, Landings and steps Existing 101, timber bukknea"' — PubtiC access under pier Existing 1.91x11' Existing 4.5'x10' ftoats (2) total— .. nr V Existing pikes (typ) -3.2' License No. Approved by Department of Environmental Protection Date: MLW 4' wide board walk w/bench Existing 3.5'x12,3' Pier EXISTING PIER, RAMP AND FLOAT CONFIGURATION 5 Q 5 10 40 SCALE: 1 "=10' DATUM FOR ALL ELEVATIONS IS MEAN LOW WATER Purpose: Simplified Licensing Plan accompanying petition of: Project Description: Adjacent Property Owners: LICENSE AND MAINTAIN EXISTING BULKHEAD, 1. RICCIO, LAURA F. TR PIER, RAMP AND FLOAT IN BASS RIVER BLUE �ROCK RQAQ_REALTY TRUST AT: DENNIS 185 SYCAMQRE DR.. MARTHA H. AND TOMMY R. ZURN COUNTY OF: BARNSTABLE WES_TWOOD, MA 02099Q 172 BLUE ROCK ROAD STATE: MA 2. i,9N M.DoucLASS SOUTH YARMOUTH, MA 02664 APPLICATION BY: SHOREFRONT CONSULTING 178 BLUE ROCK ROAD SHEET 2 OF 3 DATE: JUNE 23, 2016 SOUTH YARMOUTH. MA 02564 NOTE: PROFILE SHOWN IS FROM FIELD MEASUREMENTS MADE BY SHOREFRONT CONSULTING ON 6-23--16. License No. Approved by Deportment of Environmental Protection Date: Bottom ofIbank I �-+ STRUCTURES EXTEND 30't BEYOND MHW t Ex. Landings and steps w/ rope handrail Existing steps (beyond; at far end of boardwalk) 4' wide boardwalk Existing 4.5' x 10' w/bench; el. 3.5't Existing 3.5'x 12.3' floats (2) total 0-step below pier) Pleri et. 4.3't t:1 isting 1.9X ramp MHW = 2.6' 5.5' public �xdsting 101' access . . . . MLW . 0.0. . . . . . . . . . . . . . . . . . . . . timber ou(khead Existing Existing grade piles Ctyp) SECTION A -A (EXISTING)- 2.5 2.5 5 10 SCALE: 1 "=5' Purpose: Simplified Licensing Adjacent Property Owners: DATUM FOR ALL ELEVATIONS IS MEAN LOW WATER Plan accompanying petition of: Project Description: LICENSE AND MAINTAIN EXISTING BULKHEAD, PIER, RAMP AND FLOAT IN BASS RIVER AT: DENNIS MARTHA H. AND TOMMY R. ZURN COUNTY OF: BARNSTABLE 172 BLUE ROCK ROAD STATE: MA SOUTH YARMOUTH, MA 02664 APPLICATION BY: SHOREFRONT CONSULTING SHEET 3 OF 3 DATE: JUNE 23, 2016