HomeMy WebLinkAboutCh 91 Simplified License No. 15018 recordedBk 32378 P o 133 50474
10-15-2019 at 11 a 23a
tae CommmweaCth Of Massachusetts
=et_
No. 15018
Applicant must fill in pages 1 and 2 of this license.
SHAPLIFIED LICENSE
BRP WW06
Paul Buckley of the Town/City of: Yarmouth in: Barnstable
Applicant's name 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):
WE
B
tl
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
®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
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 ® non commercial docking/access to navigable water
❑ shoreline stabilization ❑ other
❑ residential, NWD building
❑ other
Dinah's Pond Yarmouth
in and over the waters of: waterway in the Town/City of. Town/City
and in accordance with the locations shown and details indicated on the accompanying License Sketch Plan No.15018.
(total number of Sheet(s): 5)
I
Bk 32378 Pg134 #50474
License # DEP us» olvl 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 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).
"1 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 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:
Paul Buckley
Print Name
32 Mayflower Terrace
Mailing Address
South Yarmouth
Citylrown (not village)
MA 02664 Barnstable
State - Zip Code County
617-610-4643 vvanhalen@verizon.net
(area code) telephone e-mail -
Notification: Your signature to the right certies/ y_ , o�
that you have notified the entities as checked off in 6 liv -e
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
andhas been sent by certified
mail to: (please check) ® Abutters ❑ Interested Parties ❑ Landowner (if not applicant)
Ze) 41
If site address is different from mailing address:
Site Address of the structures
State Zip Code
BOX C:
If the applicant is different than the owner:
Mark Burgess, Shorefront
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.
Bk 32378 Pg135 #50474
License # 15018 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 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, sl 7c shall
apply.
2. This License authorizes structure(s) and/or fill on
EORAas3D-SEONL-Y,
In accordance with the public easement that exists by law on private I
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.
❑Navigable River or Stream The Licensee shall not restrict the public's right to use and to pass freel—
for any lawful purpose in the waterway. j
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.
Bk 32378 Pg136 #50474
License # 15018 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 squar@ 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.
Bk 32378 Pg137 #50474
License # 15018 Page 5
1 Ob. 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.
THE COMMONWEALTH OF MASSACHUSETTS
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this
3rd— day of October in the year 2019
date
Commissioner
/-+-Program Chief
month
year
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 —
Paul Buckley of the further sum of Five hundred nine dollars and zero cents ($509.00)-
Applicant
$509.00).Applicant - Amount
The amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in
the land of the Commonwealth.
Boston
Approved by the Governor. (YO y y
Jw�
Governor
Bk 32378 Pg138 #50474
N/F ,
License No. / of
Approved by Department of Environmental Protection
SEN SUSAN (PERS REP)
Date:
C/0 LOCKE SHERYL S
4238 ALABAMA AVE SOUTH
ST LOUIS PARK, MN
55416
ASSESSORS MAP
110,
�O GE (SO��J
PARCEL 34
M MLVJ�
AHT "" a°
ATI PROPOSED PIER, I
RAMP AND Focus MAP YARMOUTH, MA
•FLOAT
t\ i \fiOff.
t`
rS p`J
PAUL BUCKLEY ( tic
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±
32 \MAYFLOWER TERRACE O
SOUTH YARM❑UP, MA V6 O�
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ASSESSORS MAP 110, PARC
,
35 f
DEED B1074/PG. 19 SITE PLAN
y
2a, Q 25 50 140
\
,
i
SCALE: 1`50'
_
N
ER
�
OBERLANDER JOHN E,
OBERLANDER MARGARET BROWN
22 MAYFLOWER TERRACE
SOUTH YARMOUTH, MA 02664
MAP 110 PARCEL 36
t
DATUM FOR ALL ELEVATIONS IS NAVD 88
Purpose: Simplified `Licensing
Plan accompanying petition of:
Project Description: -
Adjacent Property Owners:
INSTALL, LICENSE AND MAINTAIN PIER, RAMP
AND FLOAT IN DINAH'S POND (BASS RIVER).
t <. SALi cyo SHERYL I hKE
4238 A ARAMA AVESOUTH
ST. LOUIS PARK, MN 55416
PAUL BUCKLER
AT: YARMOUTH
COUNTY OF. BARNSTABLE
32 MAYFLOWER TERRACE
STATE. MA
2 -JOHN ANO MARARET OBERIANOER
22 MAYFLOWER TERRACE
SOUTH YARMOUTH, MA 02664
APPLICATION BY:. SHOREFRONT CONSULTING
SOUTH YARMOUTH. NA 02664
SHEET 1 OF 5 DATE: MARCH 23, 2019
Bk 32378 Pg139 #50474
License No, /5'0($
Approved by Department of Environmental Protection
i r \ Date:
0
\ PROPO D
�l 3'x18' P 0.0
+
A
W
p
PRO SED 2'x8' u
SiORA BENCH
PA
10 a .
PROPOS D
S
\ 4'x42" PI
EXISTING
DWELLING
�� z� ` PROPOSE
\ , �s� KAYAK RAC S
r
DECK
PATIO
PLAN
q 0 40
POOL
"=20'
DATUM FOR .ALL ELEVATIONS IS NAVD 88
Adjacent Property
Owners:
INSTALL, LICENSE AND MAINTAIN PIER, RAMP
AND FLOAT IN DINAH'S POND (BASS RIVER)
i SUSAN OI CN.. C/O RHERYI
4238 A ARAMA AVERO
ST. LOUIS PARK, MN
1 OGKF
TH
sats
PAUL BUCKLEY
AT: YARMOUTH
COUNTY OF: BARNSTABLE
32 MAYFLOWER TERRACE
STATE_ MA
2.JONN AND MARARET
2MAYFLOWER '[ERRAC
OBERLANDFR.
SOUTH YARMOUTH, MA 02664
APPLICATION BY: SHOREFRONT CONSULTING
SOUTH YARMouTH. Ma'o2664
SHEET 2 OF 5 DATE': MARCH 23, 2019
Bk 32378 Pg140 #50474
DATUM FOR ALL ELEVATIONS IS NAVD 88 License No.
/ So 111
Approved by
Department of Environmental Protection
Date:06T
s2 4019
O
F-
J
0
PROPOSED 4'x42' PIER
PROPOSED 3'x18' RAMP
o
PROPOSED 2'x8' STORAGE BENCH
0
O
a
�
4
DOCK PLAN VIEW 5 10
o
a.
SCALE: 1"=10'
LAWN �-- --BVIN 13 SAL +� LAND WADER OCEAN (SALT POND)
WD k COASTAL BAND —�
PIER,RMAPAND FLOAT amw4TtBEYOND MHW
=i
BOB
PROPOSED 12" DIAM. x 30'
LONG GREENHEART
PILES; TOP OF PILE = 12'
NAVD88 (2 TOTAL)
PROPOSED 4'x42' PIER; DECK
HEIGHT = 7.9'f NAVD88 PRO OSED 2'x8' STORAGE BENCH
PROPOSED
3'zi8' RAMP
10
I
PROPOSED
.
10` X 20'
FLOAT
5
AHT= 7.4'x_
Proposed Kayak
Racks (4 total) MHW= 1_9'
'.
3J�
LW= ._ � 0.3;
S$'
M!
—5
w
EX. GRADE
20
0 :225
50
SECTION A—A ELEVATION DETAIL
5 Q 5 10
20
SCALE: 1"=10'
Adjacent Property Owners:
INSTALL, LICENSE AND MAINTAIN PIER, RAMP
AND FLOAT IN DINAH'S POND (_BASS
RIVER)
1.SUSAN OLSEN.. C/O SHERYL LOCKE.
AT: YARMOUTH
42311 ALAeAMA AVE SOUTH
PAUL BUCKLEY
COUNTY OF: BARNSTABLE
ST. LOUIS PARK MN 55416
32 MAYFLOWER TERRACE
STATE: MA
2.JOHN AND MARARET 06ERIANDER
22 MAYFLOWER 1RACE.
ER
SOUTH YARMOUTH, MA 02664
APPLICATION BY: SHOREFRONT
CONSULTING
SOUTH YARMOUTH. MA 02664
SHEET 3 OF 5 DATE: MARCH
23, 2019
Bk 32378 Pg141 #50474
,nse No; /5'0131
)roved by Department of Environmental Protection
4� y 2"x6" RAILING CAP
4"x4" POST BOLTED
o� THROUGH YOKES AND
2"x4" RAILINGS (TYP) JOISTS (TYP)
2"x12" STRINGERS
(8 TOTAL, TYP)
/RECESSED DECKING OR (4) 4'x10"
W/ 3/4" SPACING
KAYAK STORAGE1 3/4" THROUGH—BOLTS
BRACING (2 TYP, _ — (TYP)
EACH SIDE) e f e 3"x10" YOKE; (2) TYP.
0
3"x8" CROSS
BRACING, (TYP)
3/4" THROUGH BOLT WITH
DOCK WASHERS (TYP)
10" GREENHEART PILE (INSTALL
BUTT END DOWN, TYP) OR
"PEARSON" FIBERGLASS PILES
INSTALL SCREW ANCHOR AT
EACH BENT BEYOND MHW TO
PREVENT` ICE UPLIFT
OCK SECTION A -A ELEVATION DETAI
SCALE: 1'=2'
Property Owners: INSTALL, LICENSE AND MAINTAIN PIER, RAMP
;EN. C/o sHERv �ocKE AND FLOAT IN DINAH'S POND (BASS RIVER)
AT: YARMOUTH
AMA AVE `-°11TH PAUL BUCKLEY COUNTY OF: BARNSTABLE
PARK- MN S5416 32 MAYFLOWER TERRACE STATEN MA
MARARET o9ERLAN6ER SOUTH YARMOUTH, MA 02664 APPLICATION BY: SHOREFRONT CONSULTING
MER TERRACE
MOUTH- MA02664 SHEET 4 OF 5 DATE: MARCH 23, 2019
Bk 32378 Pg142 #50474
License No. /150 (T
Approved by Department of Environmental Protection
2"x4" RAILING
5/8" THROUGH 2"x6" DECKING W/ %"
BOLT TYP SPACING; OVERLAP 1" (TYP)
2"x12" STRINGERS
°
(TYP)
3"x10" YOKE; 3/4' THROUGH
(2) TYP. :3x8L
T WITH DOCK
SHERS (TYP)
CROSS
NG, (TYP)
10" GREENHEART
OR FIBERGLASS
PILES (TYP)
DOCK SECTION B -B ELEVATION DETAIL
.5 Q 1 2 4
SCALE: 1"=2'
Property Owners: INSTALL, LICENSE AND MAINTAIN PIER, RAMP
AND FLOAT IN DINAH'S POND (BASS RIVER)
SEN S,/o SHERYL LOCKE AT: YARMOUTH
;AMA AVE SOUTH PAUL BUCKLEY COUNTY OF: BARNSTABLE:
PARK, MN 55416 32 MAYFLOWER TERRACE STATEN MA
MARAREr OBERLANDER SOUTH YARMOUTH, MA 02664 APPLICATION BY: SHOREFRONT CONSULTING
DEER IERRACE.
RMOUTH.. MA 02684. SHEET 5 OF 5 DATE: MARCH 23,. 2019
John F. Meade, Register