HomeMy WebLinkAboutSalt Box recorded license 15244Bk 33875 Ps1g'S -- 1652$
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The CCOMMOR ealtb of Aa!6!6afbU.5Ett!5
No. 15244
Whereas, Salt Box Association, Inc.
of -- Yarmouth -- in the County of -- Barnstable -- and Commonwealth aforesaid, has applied to the
Department of Environmental Protection for license to -- to enlarge and maintain existing floats and
perform improvement dredging and beach nourishment
and has submitted plans of the same; and whereas due notice of said application, and of the time an
plaeo fixed for- a hearing thei-lee has been given, as required by law, to the -- Board of Selectmen -- of
the -- Town 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 the said
-- Salt Box Association, Inc. --, 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 -- to enlarge and maintain
existing floats and perform improvement dredging and beach nourishment
in and over the waters of -- Bass River -- at -- Terminus of Fairway Road -- in the -- Town of
Yarmouth -- and in accordance with the locations shown and details indicated on the accompanying
DEP License Plan No. 15244 (8 sheets).
Bk 33875 Pg189 #16528
License No. 15244 Page 2
The structures hereby authorized shall be limited to the following use(s): noncommercial docking and
boating access to navigable waters and shoreline stabilization for the protection of existing structures.
Portions of this license associated with the enlarged floats will expire thirty (30) 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.
Portions of this license associated with dredging and beach nourishment activities shall be valid
for a period of five (5) years subsequent to the date of issuance. Future beach nourishment and
dredging shall require a permit in accordance with 310 CMR 9.05:(2).
Existing structures previously authorized under Department of Environmental Protection License No.
2160, issued on December 8, 1989 to Salt Box Association, Inc., shall be maintained in accordance
with the terms and conditions of said license and plans.
Future maintenance dredging is not authorized under this license.
Special Waterways Conditions:
1. 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, the Licensee
shall allow the public in the exercise of such rights to pass freely around all structures within such
intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, a public access
sign on both the northerly and southerly sides of both the northern and southern piers, adjacent to
the mean high water shoreline. Said signs, designed in accordance with the signage specifications
provided by the Department, attached hereto, shall be posted immediately upon the 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.
2. In partial compensation for private use of structures on tidelands of the Commonwealth, 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. This condition shall not be construed to prevent the Licensee from taking
reasonable measures to discourage unlawful activities by users of the area(s) intended for public
passage, including but not limited to trespassing on the 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, s.17c apply.
3. 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.
Bk 33875 Pg190 #16528
License No. 15244 Page 3
4. Within sixty (60) days of completion of the licensed project, the Licensee shall request, in
writing, that the Department issue a Certificate of Compliance in accordance with 310 CMR 9.19.
The request shall be accompanied by a certification by a registered professional engineer licensed
in the Commonwealth that the project was completed in accordance with the License.
Special Waterways Dredge and Nourishment Conditions:
1. Dredging of approximately 27 cubic yards of material adjacent to the existing float on the
southern pier shall be performed by mechanical methods. Dredge material shall be used as beach
nourishment.
2. No dredging or silt producing work shall occur from January 15°i to May 3l' of any year to protect
winter flounder spawning and juvenile development.
3. Up to 150 cubic yards of clean compatible sand may be placed for the purpose of beach
nourishment. The nourishment material shall be placed and graded in accordance with the
location, slope and elevations shown on License Plan No. 15244. Periodic replenishment activities
may be performed to maintain the approved nourishment footprint. The source of beach
nourishment material shall come from the dredging authorized herein and/or from an upland site.
4. Beach nourishment source material shall be of compatible grain size to receiving beach. Prior
to the commencement of any work a sediment grain size analysis for and source material and the
receiving beach shall be submitted to the Department.
5. This Waterways License is issued upon the express condition that the beach nourishment
activities shall be performed in strict conformance with the Order of Conditions SE 83-2199,
issued on September 12, 2019 by the Town of Yarmouth Conservation Commission.
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Duplicate of said plan, number 15244 is on file in the office of said Department, and original of said
plan accompanies this License, and is to be referred to as a part hereof.
License No. 15244
STANDARD WATERWAYS LICENSE CONDITIONS
Bk 33875 Pg191 #16528
Page 4
1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and
conditions stated herein.
2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to
the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized
pursuant to this License.
3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the
issuance by the Department of a new 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.
4. 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
5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and
conditions stated herein and the details indicated on the accompanying license plans.
6. Nothing in this 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 or owners thereof.
7. 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 the Wetlands Protection
Act, G.L. Chapter 131, s.40.
8. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized
hereby shall be in strict conformance with all applicable requirements and authorizations of the MassDEP.
9. This License authorizes structure(s) and/or fill on:
X Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall
allow the public to use and to pass freely upon the area of the subject property lying between the high and low
water marks, for the purposes of fishing, fowling, navigation, and the natural derivatives thereof.
X Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful
purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for
the benefit of the public.
_ a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon
lands lying seaward of the high water mark for any lawful purpose.
No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license.
10. Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas
of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a
manner that would impede or discourage the free flow of pedestrian movement thereon.
License No. 15244
STANDARD WATERWAYS DREDGING CONDITIONS
Bk 33875 Pg192 #16528
Page 5
1. This Waterways License is issued subject to all applicable federal, state, county, and municipal
laws, ordinances, by-laws, and regulations, including but not limited to, a valid Order of Conditions
issued pursuant to the Wetlands Protection Act, M.G.L. Chapter 131, s.40. 4n pai4deulaf, "s isseme
is subjeet to the provisiens of Seetions 52 to 56, inelusive of Chapter 91 of dhp, Genpral I ay., and its
Re0ations 3 10 Q,� 9.4 0(5), v4iieh provides, in part, that the transportation aii:d dr�ing of dredge
material shall be dene under the sapevAsien of the DepaF6aeRt, and, when required, the Lieensee
7..,11provide at hisP.er a .peri° a dredge ;nspeeter pre. e.l by the De..artr..e..t
4. After completion of the work hereby authorized, the Licensee shall furnish to the Department a
suitable plan showing the depths at MLW over the area dredged. Dredging under this License shall
be conducted so as to cause no unnecessary obstruction of the free passage of vessels, and care shall
be taken to cause no shoaling. If, however, any shoaling is caused, the Licensee shall, at his/her
expense, remove the shoal areas. The Licensee shall pay all costs associated with such work. Nothing
in this License shall be construed to impair the legal rights of any person, or to authorize dredging on
land not owned by the Licensee without consent of the owner(s) of such property.
5. The Licensee shall assume and pay all claims and demands arising in any manner from the work
authorized herein, and shall save harmless and indemnify the Commonwealth of Massachusetts, its
officers, employees, and agents from all claims, suits, damages, costs and expenses incurred by
reason thereof.
6. The Licensee shall, at least three days prior to the commencement of any dredging in fide water,
give written notice to the Department of the location and amount of the proposed work, and or the
time at which work is expected to begin. .
7. Whosoever violates any provision of this License shall be subject to a fine of $25,000 per day for
each day such violation occurs or continues, or by imprisonment for not more than one year, or both
such fine and imprisonment; or shall be subject to civil penalty not to exceed $25,000 per day for
each day such violation occurs or continues.
Bk 33875 Pg193 #16528
License No. 15244 Page 6
The amount of tide -water displaced by the work hereby authorized has been ascertained by said
Department, and compensation thereof has been made by the said -- Salt Box Association, Inc. -- by
paying into the treasury of the Commonwealth -- zero dollars and zero cents ($0.00) -- for each cubic
yard so displaced, being the amount hereby assessed by said Department.
Nothing in this License shall be so construed as to impair the legal rights of any person.
This License shall be void unless the same and the accompanying plan are recorded within 60 days
from the date hereof, in the Registry of Deeds for the County of Barnstable.
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their
hands this rj'n` day of JAac&N in the year two thousand twenty-one.
. 0, �
Commissioner
Department of Environmental Protection
THE COMMONWEALTH OF MASSACHUSETTS
This license is approved in consideration of the payment into the treasury of the Commonwealth by
the said -- Salt Box Association, Inc. --
of the further sum of -- eight hundred ten dollars and zero cents ($ 810.00) --
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,
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Governor
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
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THIS SET OF PLANS IS FOR
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KEY SHEET
SCALE:
I CERTIFY THAT THIS PLAN CONFORMS TO
THE RULESI AND REGULATIONS OF THE
REGISTERS OF DEEDS.
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fcF DAVID J. "Y
CRISPIN
CIVIL
No. 32112
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BASS RIVER
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PLAN ACCOMPANYING
PETITION OF
SALT BOX ASSOCIATION, INC.
11 FAIRWAY ROAD
SOUTH YARMOUTH, MA 02664
TO
LICENSE DREDGING AND NOURISHMENT,
AND TO INCREASE THE SIZE OF AN
EXISTING FLOAT IN THE BASS RIVER
CRAIG A.
FIELD
No.38039
6/23/2020
DATE
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349 ROUTE 28, UNIT D
WEST YARMOUTH, MA 02673
JUNE 23, 2020
JOB NO. 4-9192.00 DWG. NO. 5788=05. SHEET 1 OF 8
LICENSE PLAN NO. 15 a. 4 H
Approved by Deparhncnt of Environmental Pmtection
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AND TO INCREASE THE SIZE OF AN
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EXISTING 10'X20' FLOAT
DAVID J. 5
CRISPIN
CIVIL
No. 32112
Prepared by:
THE BSC GROUP, INC.
349 ROUTE 28, UNIT D
WEST YARMOUTH, MA 02673
JUNE 23, 2020
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 2 OF 8
LICENSE PLAN -NO. I SaN 4
Approved by Depariment:of Environmer>tal Protection
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No.38039
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DAVID J.
CRISRIN_
CIVIL
No. 32112
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PETITION OF
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JUNE 23, 2020'
JOB NO. 4-9192.00 DWG. N0: 5788-05 SHEET 3 OF 8
LICENSE PLAN NO. 15-4.44
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Date: r A _ �`
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11 FAIRWAY ROAD
SOUTH YARMOUTH, MA 02664
TO
LICENSE DREDGING AND NOURISHMENT,
AND TO INCREASE THE SIZE OF AN
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SALT BOX ASSOCIATION, INC.
11 FAIRWAY ROAD
SOUTH YARMOUTH, MA 02664
TO
LICENSE DREDGING AND NOURISHMENT,
AND TO INCREASE THE SIZE OF AN
EXISTING FLOAT IN THE BASS RIVER
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Prepared by:
THE BSC GROUP, INC.
349 ROUTE 28, UNIT D
WEST YARMOUTH, MA 02673
JUNE 23, 2020
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 4 OF 8
LICENSE PLAN NO. 152L4q
Approved by Department of Environmental Protection. .
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THE BSC GROUP, INC.
349 ROUTE 28, UNIT D
WEST YARMOUTH, MA 02673
JUNE 23, 2020
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 4 OF 8
LICENSE PLAN NO. 152L4q
Approved by Department of Environmental Protection. .
Date: , A IWC a 'a0alk .<
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THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS.
PLS
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YARMOUTH
CONSERVATION TR.
PARCEL 59
ASSESSORS MAP 81
BOAT HAUL WALK
EXISTING RETURN TO BE
MAINTAINED /REPAIRED
F. ,
CRAIG A.
FIELD
No.38039
DATE
312020
EXISTING BOAT
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Prepared by:
THE BSC GROUP, INC.
349 ROUTE 28, UNIT D
614 WEST YARMOUTH, MA 02673
JUNE 23, 2020
PLAN ACCOMPANYING
PETITION OF
SALT BOX ASSOCIATION, INC.
11 FAIRWAY ROAD
SOUTH YARMOUTH, MA 02664
TO
LICENSE DREDGING AND NOURISHMENT,
AND TO INCREASE THE SIZE OF AN
EXISTING FLOAT IN THE BASS RIVER
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 5 OF 8
LICENSE KAAN N0, 15a4y
- Approued by Department of Environmentarprotecilon
Date:
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No. 32112
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Prepared by:
THE BSC GROUP, INC.
349 ROUTE 28, UNIT D
614 WEST YARMOUTH, MA 02673
JUNE 23, 2020
PLAN ACCOMPANYING
PETITION OF
SALT BOX ASSOCIATION, INC.
11 FAIRWAY ROAD
SOUTH YARMOUTH, MA 02664
TO
LICENSE DREDGING AND NOURISHMENT,
AND TO INCREASE THE SIZE OF AN
EXISTING FLOAT IN THE BASS RIVER
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 5 OF 8
LICENSE KAAN N0, 15a4y
- Approued by Department of Environmentarprotecilon
Date:
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PLS
CRAIG A. i
FIELD
No.38039
DATE
EXISTING BOAT
RACK RELOCA7ED BOAT RACK (1)
EXISTING BENCHES (2) TO
BE REMOVED
ACCESS
SCALE: 1 " = 20'
0 10' 20' 40'
PLAN ACCOMPANYING
PETITION OF
SALT BOX ASSOCIATION, INC.
11 FAIRWAY ROAD
SOUTH YARMOUTH, MA 02664
2312020
MATCH LINE SHEET 6
MATCH LINE SHEET 7
DAVID J, i
CRISPIN
CIVIL
No.32112
"
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6
Prepared by: '
THE BSC GROUP, INC.
349 ROUTE 28, UNIT D
WEST YARMOUTH, MA 02673
JUNE 23, 2020
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 6 OF 8
LICENSE PLAN NO. 1S2.4'i
TO Approved by Department of Environmental Protection
LICENSE DREDGING AND NOURISHMENT, Date: ��
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EXISTING FLOAT IN THE BASS RIVER
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0 10' 20' 40'
PLAN ACCOMPANYING
PETITION OF
SALT BOX ASSOCIATION, INC.
11 FAIRWAY ROAD
SOUTH YARMOUTH, MA 02664
TO
LICENSE DREDGING AND NOURISHMENT,
AND TO INCREASE THE SIZE OF AN
EXISTING FLOAT IN THE BASS RIVER
PIER
PROPOSED J
FLOAT ADDITION
2312020
Prepared by:
THE BSC GROUP, INC.
349 ROUTE 28, UNIT D
WEST YARMOUTH, MA 02673
JUNE 23, 2020
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 7 OF 8
LICENSE PLAN N0. 159.44
Approved by Department of Environmental Protection
Date:
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1089 - 33
I CERTIFY THAT THIS PLAN CONFORMS TO
THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS.
f(I(CRAIGA. 5
FIELD
No.38039
FOR REGISTRY USE ONLY
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6/23/2020
DATE
—EXISTING GROUND 11/27/18
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5 f 9XISTING GROWND 11/27/1
MHW 2.8 I I-
1 PROPOSED NOURISHMENT
MLW
0 1
s MF - 5 I - — —
MD J. � 0+00 0+10 0+20 0+30 0+40 0+50 0+6(
.11 21 TYPICAL NOURISHMENT CROSS SECTION
1 10. Prepared byr
SCALE: 1 = 10 HORIZONTAL THE BSC GROUP, INC.
( 1" = 5' VERTICAL 349 ROUTE 28, UNIT D
WEST '2P UNE 23,R 2020H, MA 02673
'95
r 6 PLAN ACCOMPANYING
PETITION OF
SALT BOX ASSOCIATION, INC.
11 FAIRWAY ROAD
SOUTHYARMOUTH, MA 02664
TO
LICENSE DREDGING AND NOURISHMENT,
AND TO INCREASE THE SIZE OF AN
EXISTING FLOAT IN THE BASS RIVER
JOB NO. 4-9192.00 DWG. NO. 5788-05 SHEET 8 OF 8
LICENSE PLAN N0. I S�.4y
Approved by Department of Environmental Protection
Date:
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