HomeMy WebLinkAboutChapter 91Bk 29849 P a 57 -40004
08-08-201 Es & 02 = 4Brs
The Commiallbieaftb of 01aaarbagetto
No. 14167
Applicant must fill in pages 1 and 2 of this license.
SIMPLIFIED LICENSE
BRP WW06
Chris & Paula Erickson Yarmouth Barnstable
Applicant's name of the Town/City of- Town/CityIn
County
County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simplified
License to:
Please check: ®maintain an existing (pre-1984):
Please check all that apply below:
❑ pier/dock
❑ boat ramp
® ramp
® float(s)
❑ pile(s) (as part of pier)
❑ boat lift
❑ boat house
❑ retaining wall/seawall
® bulkhead
❑ rip rap/stone revetment
❑ groin(s)
❑ Nonwater-dependent (NWD) residence
❑ other
❑construct a proposed or maintain an
existing (post-1984):
Please check all that apply below.
❑pier/dock
❑ramp
❑ float(s)
❑pile(s)
❑ boat lift
❑ pile -supported boat house
❑ other
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 ❑ Mayor and City Council, of the Town/City of:
Yarmouth
Town/City
NOW, said Department, having heard all parties desiring 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 Laws, and of all laws which are or may be in force applicable thereto, to:
Please check all that apply: Please check all that apply.
® maintain existing structure(s) for: ❑construct and maintain structure(s) for:
® non commercial docking/access to navigable water
❑ shoreline stabilization
® residential, NWD building
❑other
in and over the waters of:
Parker River
Waterway
❑ non commercial docking/access to navigable water
❑ other
in the Town/City of:
Yarmouth
Town/City
and in accordance with the locations shown and details indicated on the accompanying License Sketch Plan No.14167.
(total number of Sheet(s): 1)
,If
{VlassQER�
Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Southeast Regional Office • 20 Riverside Drive, Lakeville NIA 02347.508-946-2700
Chris & Paula Erickson
2 Cape Isle Drive
South Yarmouth, MA 02664
AUG 0 2 2016
RE: Waterways Application W15-4450/ License No.14167
Parker River, Yarmouth, Barnstable County
Dear Sir or Madam,
Matthew A. Beaton
Secretary
Yarmouth Conservation Martin Suuberg
)mmis� siion Commissioner
AUG o 4 20i&
R EC VED
The Department of Environmental Protection hereby issues the above -referenced Waterways License,
enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91, the Public Waterfront
Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure or fill not
authorized by this license may render this license void.
This License is not final until all administrative appeal periods from this License have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed. The appeal
period is for twenty-one (21) days. No work shall be undertaken until the License has become final and
has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property
RECORDING OF THE LICENSE
This License must be recorded at the Registry of Deeds or, if registered land, with the Land Registration
Office within sixty (60) days from the date of license issuance. In the case of recorded land, the License
shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which
the project is located. In the case of the registered land, the License shall be noted on the Land Court
Certificate of Title of the owner of the land upon which the project is located. Failure to record this
license within sixty (60) days of the date of issuance will render this license void pursuant to 310
CN1R 9.18.
A Waterways License Recordation Notice Form has been enclosed for your use in notifying the
Department of the recording information for this License. Failure to notify the Department of the
recording of this license is a violation of 310 CNIR 9.00 and is subiect to enforcement action by the
Department.
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TfY# MassRelay Service 1-500-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Page 2
Waterways License Application No. W15-4450, License No. 14167
Chris & Paula Erickson, Parker River, 2 Cape Isle Drive, Yarmouth
NOTICE OF APPEAL RIGHTS
Who has the right to appeal?
The following persons shall have the right to an adjudicatory hearing concerning this decision by the
Department to grant or deny a license or permit, in accordance with 310 CMR 9.17(1): (a) an applicant
who has demonstrated property rights in the lands in question, or which is a public agency; (b) any person
aggrieved by the decision of the Department to grant a license or permit who has submitted written
comments within the public comment period; (c) ten (10) residents of the Commonwealth who, pursuant
to M.G.L. c. 30A, § 10A, have submitted comments within the public comment period with at least 5 of
the 10 residents residing in the municipality(s) in which the license or permitted activity is located. The
appeal shall clearly and specifically state the facts and grounds for the appeal and the relief sought, and
each appealing resident shall file an affidavit stating the intent to be part of the group and to be
represented by its authorized representative; (& the municipal official in the affected municipality who
has submitted written comments within the public comment period; and (e) CZM, for any project
identified in 310 CMR 9.13(2) (a) for CZM participation or, in an Ocean Sanctuary, if it has filed a notice
of participation within the public comment period.
How can I request an adjudicatory hearing?
A person requesting an adjudicatory hearing must submit a "Notice of Claim" to the Department, with a
copy of the MassDEP Transmittal Form and including the detail specified below, within twenty-one (21)
days of the date of issuance of this decision. The MassDEP Fee Transmittal Form is available at the
following website: http://www.mass.gov/eea/does/dep/service/adr/adjherfm.doc. The Notice of
Claim must be made in writing and sent by certified mail or hand delivery to:
Case Administrator
MassDEP
One Winter Street, 2°d Floor
Boston, MA 02108
A copy of the complete Notice of Claim must be sent at the same time by certified mail or hand delivery
to: (1) the applicant, (2) the municipal official of the city or town where the project is located, and (3) the
issuing office of the MassDEP, which in this case is located at:
MassDEP Waterways Regulation Program
20 Riverside Drive
Lakeville, MA 02347
The MassDEP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts
in the amount of one hundred dollars ($100) must be mailed to:
Mass. Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Page 3
Waterways License Application No. W15-4450, License No. 14167
Chris & Paula Erickson, Parker River, 2 Cape Isle Drive, Yarmouth
What information must be included in the hearing request?
Pursuant to 310 CMR 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include the
following information:
(a) the MassDEP Waterways Application File Number;
(b) the complete name, address, fax number and telephone number of the applicant;
(c) the address of the project;
(d) the complete name, 'address, fax number, and telephone number of the party filing the request
and, if represented by counsel, the name, address, fax number, and phone number of the attorney;
(e) if claiming to be a person aggrieved, the specific facts that demonstrate that the parry satisfies the
definition of "aggrieved person" found in 310 CMR 9.02;
(f). a clear statement that a formal adjudicatory hearing is being requested;
(g) a clear statement of the facts which are the grounds for the proceedings, the specific objections to
the MassDEP's written decision, and the relief sought through the adjudicatory hearing, including
specifically the changes desired in the final written, decision; and
(h) a statement that a copy of the request has been sent to: the applicant and the municipal official of
the city or town where the project is located.
Dismissal of request
The request for appeal will be dismissed if the filing fee is not paid, unless the appellant is exempt or is
granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency),
county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The
Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who
shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an
affidavit setting forth the facts believed to support the claim of undue financial hardship together with the
hearing request as provided above.
Please feel free to contact Dahlia Medeiros of the Waterways Regulation Program, (508) 946-2836, if you
have any questions pertaining to the recording of your Waterways License.
Sincerely,
96447. Vy
David Hill
Wetlands and Waterways Program
cc: w/enc. Ben Lynch, Waterways Section Chief, DEP Boston
Office of Coastal Zone Management
Yarmouth Harbormaster
The Commontuea ltb of ftlaaarbuotts;
No. 14167
Applicant must fill in pages 1 and 2 of this license.
Chris & Paula Erickson
Yarmouth
SINTLIFIED LICENSE
BRP WW06
Barnstable
Applicant's name of the Town/City of. Town/City "'' County
County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simplified
License to:
Please check: ®maintain an existing (pre-1984): ❑construct a proposed or maintain an
Please check all that apply below:
❑ pier/dock
❑ boat ramp
® ramp
® float(s)
❑ pile(s) (as part of pier)
❑ boat lift
❑ boathouse
❑ retaining wall/seawall
® bulkhead
❑ rip rap/stone revetment
❑ groin(s)
❑ Nonwater-dependent (NWD) residence
❑ other
existing (post-1984):
Please check all that apply below.
❑pier/dock
❑ramp
❑ float(s)
❑pile(s)
❑ boat lift
❑ pile -supported boat house
❑ other
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 ❑ Mayor and City Council, of the Town/City of:
Yarmouth
Town/City
NOW, said Department, having heard all parties desiring 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 Laws, and of all laws which are or may be in force applicable thereto, to:
Please check all that apply. Please check all that apply:
® maintain existing structure(s) for: ❑construct and maintain structure(s) for:
® non commercial docking/access to navigable water
❑ shoreline stabilization
® residential, NWD building
❑other
in and over the waters of:
Parker River
Waterway
❑ non commercial docking/access to navigable water
❑ other
in the Town/City of:
Yarmouth
Town/City
and in accordance with the locations shown and details indicated on the accompanying License Sketch Plan No.14167.
(total number of Sheet(s): 1)
License # 14167
Page 2
The total area of the combined structures, measured below mean/ordinary high water shall be no greater than a
total of 600 square feet for proposed water -dependent structures, or for 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 nonwate r-de pendent, 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 accurate 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:
Chris & Paula Erickson
Print Name -
2 Cape Isle Drive
Mailing Address
Yarmouth
City/Town (not village)
MA
n9664 Barnstable
Zip Code County
(508) 760-5342 saltyhead@comcast.net
(area code) telephone e-mail
Notification: Your signature to the right certifies that / cl_- June 1, 2015
you have notified the entities as checked off in the
boxes below. Signature of applicant Date
Notification of application
has been provided to: (please ® Local Conservation Commission ® Board of Selectman ❑ Mayor and City Council
check)
® Zoning Authority ® Planning Board
and has been sent by certified
mail to: (please check) ® Abutters ❑ Interested Parties ❑ Landowner (if not applicant)
BOX B:
If site address is different from mailing address:
Site Address of the structures
CityTTown
State Zip Code County
BOX C:
If the applicant is different than the owner:
Owner
Engineer/Agent
License # 14167 Page 3
NOTE: This License is not valid until such time as it has been numbered and signed by the appropriate State
officials (see page 5) and recorded at the Registry of Deeds.
USE: The structures authorized herein shall 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.
WATERWAYS CONDITIONS:
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 northerly/southerly 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 shall 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 fill 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, s17c shall
apply.
2. This License authorizes structure(s) and/or fill on:
FO}i. �filasst])~P.: LtS� 0i+tiY
In accordance with the public easement that exists by law on private
tidelands, the Licensee shall allow the public to use and to pass freely upon
®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,
❑ 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
upon lands lying seaward of the high watermark for any lawful purpose_
El Navigable River or Stream
The Licensee shall not restrict the public's right to use and to pass freely,
for any lawful purpose, in the waterway.
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.
License # 14167 Page 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.
8. 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' rights 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 pier/dock 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. Said 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:
10a. 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 eelgrass is
present, vessels shall not have any adverse affects on eelgrass in the area.
License # 14167 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 prior to the
commencement of any activity of use authorized pursuant to this License.
;>Ft)R"11ass3EP jUSEE3�1LY
THE COMMONWEALTH OF MASSACHUSETTS
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this
day of A in the year 2016
date month year
A-1 Program Chief
THE COMMONWEALTH OF MASSACHUSETTS
Department of
Environmental
Protection
This License is approved in consideration of the payment into the treasury of the Commonwealth by said —
Chris & Paula Erickson
Applicant
Approved by the
of the further sum of zero
Amount
Boston
dollars and zero cents ($ 0.00).
Lkens&Ho-
Approved
by Depwftnerd ofEnvionmutW
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Applicant mast fill in pages 1 and 2 of this license.
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SBeLIFIM LICENSE
BRP WWO6
C+%A;s 4 PCIA4 Fit,;e.ksa,J of theTown/City of &;,t6. YAahOUA. 6Ai�s�r�6 K
Appked's name TO—dcky In: cotmw
County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simpified
License to:
Please check maintain an existing (pre-1984):
Please check aN that apply below.'
❑ pier/dodo
❑ boat ramp
Erramp
❑✓'tioat(s)
❑ pile(s)
❑ boat lift
❑ boat house
❑ retaining walliseawall
[✓rbulkhead
❑ rip rap/stone revetment
❑ groin(s)
❑ Nonwater-dependent (NWD) residence
❑ other
❑ construct a proposed or maintain an
existing (post-1 984):
Please check all that apply below:
❑ pier/dock
❑ ramp
❑ float(s)
❑ piL-(S)
❑ boat lift
❑ pile supported boat house
❑ other
and has submitted plans of same, and whereas due notice of said application has been given, as required by law, to
the [Please check one:] K Board of Selectmen ❑ Mayor and City Council, of the TowNCity of:
YA" OVA M &
Townich
NOW, said Department, having heard all parties desiring to be heard, and having fully Considered said motion,
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 Laws, and of all laws which are or may be in force applicable thereto, to:
check aN that apply.' Please check all that applr
ma r: [Itain existing ShEture(s) for Construct and maintain structure(s) for:
[1non commercial docking/access to navigable water
��Sthoreline siabrhzafton
resrdenteal. NWD building
❑other
❑ non commercial docking/access to navigable water
❑ other
in and over the waters of: (6ktx R`VEL in the Town/City of T YARh o
vvah—avand in accordance with the locations shown and details indicated on the accompanying License Sketch Plan No:yAmsdw
UM Y (total number of Sheet(s): > t Y )
License # Page 2
The total area of the combned structures, measured below meank rdinary high water shal be no greater than a
total of 600 square feet for proposed water -dependent structures, or for structures built or substantially altered after
January 1, 1984 without any fill. For sbuctures or fill constructed prior to January 1, 1984 and not substantially
altered since that date: any structures and fill, either water -dependent or nonrwater-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 plat(s).
"I hereby make application for a License to authorize the activities 1 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 infomration submitted in this document is true and accurate 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:
CktttS + 1"n
AVIA 61*Ck kSOd
0
Mailing Address
Citylrown (not village)
State Zip Code County
S0$-17LO -S 3 Ya, �R4t?y 4&4.o of eoA cPs7' , NET
(area code) telephone
e-mail
Notification: Your signature
to the right certifies that ro
you have notified the entities as checked off in the
boxes below.
Signature
of appkant
Date
No k ation of application
has been provided to: (please
�
p Local Conservation Commission
�/
L Bomd of Selectman
❑ Mayor and City Council
check}
(� zoning Authority
[1 Play mno Board
and has been sent by certified
mad to: (per dxwfo
eAAWUms
❑ interested Parties
❑ landowner (if not applicant)
BOX B:
If site address is different from mailing address:
Site Address of the structures
Clyfrown
State Zip Code County
BOX C:
If the applicant is different than the owner.
Engineer/Agent
NOTE: This License is not valid until such time as it has been numbered and signed by the appropriate State
officials (see page 5) and recorded at the Registry of Deeds.
License # > t cx�. Page 3
USE: The structures authorized herein shall 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.
WATERWAYS CONDITIONS:
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 strictures within such (intertidal) area. Accordingly, the Licensee shall place and maintain, in good
repair, a public access sign on the easterly/westedy or northerly/southerly 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 shall be construed as preventing the Licensee from
excluding the public from portions of said structures) or property not intended for lateral passage.
In partial compensation for the private use of structures and/or fill 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, s17c shall
apply-
2. This License authorizes structure(s) and/or fill on:
FOR'NOSDEP USE ONLY
In accordance with the public easement that exists by law on private
tidelands, the Licensee shall allow the public to use and to pass freely upon
❑ 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,
❑ 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
upon lands lying seaward of the high water mark for any lawful purpose.
Navigab❑ le River or. Stream The Licensee shall not restrict the public's right to use and to pass freely,
for any lawful purpose, in the waterway.
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.
License # mPus>E+omy Page 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 stricture 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.
8. 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' rights 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 shalt 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 constricted 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 pier/dock decking in order to facilitate safe passage.
9d. When removed, all seasonal strictures shall be stored landward of the mean or ordinary high water
shoreline, vegetated wetlands, dunes and all wetland resource areas. Said storage shall be in conformance
with any applicable local, state or federal requirements.
9e. The *mt(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:
10a. Motorized vessels shall be moored stem 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 eelgrass is
present, vessels shall not have any adverse affects on eelgrass in the area.
License # > page
10b. Vessels shall be mooned 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 prior to the
commencement of any activity of use authorized pursuant to this License.
1*;il(�ss1�EP.� 4�1iY.
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
.. .
Program Chief
THE COMMONWEALTH OF MASSACHUSETTS
Department of
Environmental
Protection
This License is approved in consideration of the payment into the treasury of the Commonwealth by said —
of the further sum of dollars and zero cents ($ .00)
Applicant 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.
Massachusetts Departmental Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program
Instructions, Chapter 91 Simplified Waterways License Application
Appendix C : Simplified License Plan — Sample Template
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