HomeMy WebLinkAboutch 91 lisence ww06-0000047.. Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental protection
Southeast Regional Office - 20 Riverside Drive, Lakeville MA 02347.508-946-2700
Charles D. Baker Bethany A. Card
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
SEP 2 3 Z022
Pine Bass III LLC
c/o Cape Cod Engineering, Inc.
Attention: Bob Perry
PO Box 1517
East Dennis, MA 02641
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. WW06-0000047
Pine Bass III LLC, Bass River, 232 Pleasant Street, Yarmouth
Dear Sir or Madam,
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. An 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
CNIR 9.18.
Upon recording the License and Plan, you must notify the Department by accessing your Authorization
record at https://eplace.eea.mass.gov/citizenaccess and entering the recording information. Instructions
for entering recording information may be found at: https://-vww.mass.gov/doc/eplace-waterways-
This information is available in alternate format. Contact Glynis Bugg, Acting Director of Diversity /Civil Rights at 617-292-5751.
TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Page 2
Waterways License Application No. WW06-0000047
Pine Bass III LLC, Bass River, 232 Pleasant Street, Yarmouth
recording information-amendment/download. 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
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; (d) 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: https://www.mass.gov/doc/adiudicatory-hearing-fee-transmittal-form/download.
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" 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. WW06-0000047
Pine Bass III LLC, Bass River, 232 Pleasant Street, 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 party 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 Cally Harper of the Wetlands and Waterways Program, (508) 946-2815 or
cally.harper ,mass.gov if you have any questions pertaining to the Waterways License.
Sincerely,
Brendan C, Mullaney
Environmental Analyst
Wetlands and Waterways Program
cc: Daniel J. Padien, Waterways Program Chief, DEP Boston
Office of Coastal Zone Management
Yarmouth Harbormaster
Yarmouth Conservation Commission
Pine Bass III LLC
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The CommonweaCtfi ofWassachuse'tts-
No. WW06-0000047
SIMPLIFIED LICENSE
BRP WW06
Pine Bass III LLC of the Town/City of:
Boston in: Suffolk
Licensee Name
Town/City County
County,and Commonwealth aforesaid, has applied to the Department of Environmental Protection fora Simplified License
pursuant to c.91 or the general laws to:
El maintain an existing (pre-1984):
construct a proposed or maintain an existing
(post-1984):
pier/dock
®pier/dock
❑ boat ramp
® ramp
❑ ramp
® float(s)
F. float(s)
❑ pile(s)
❑ pile(s)
❑ boat lift
❑. boat lift
❑ pile -supported boat house
❑ boat house
-
❑ other
❑- retaining wall/seawall
bulkhead
LJ rip rap/stone revetment
❑ groin(s)
❑ nonwater-dependent accessory to a residence
❑ other
and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to
the ® 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 Genera. I Laws, and of all laws which are or may be in force applicable thereto, to:
❑ 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
at -- 232 Pleasant Street — in and over the waters of — Bass River -- in the Town/City of -- Yarmouth -- and in
accordance with the locations shown and details indicated on the accompanying License Sketch Plan No. WW06-
0000047. (total number of plan sheets: 2)
License No. WW06-0000047 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).
USE: The structures authorized herein shall be for 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 a review by the Department to determine whether additional or alternative licensing is required. The
structures authorized herein shall be limited to the following uses: noncommercial docking and 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 LICENSE 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 each side of the structure (e.g., 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:
In accordance with the public easement that exists by law on private
tidelands, the Licensee shall allow the public to use and t6pass 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
The Licensee shall not restrict the public's right to use, and to' pass freely, for
Stream
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 No. WW06-0000047
Page 3
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 use of unencapsulated polystyrene as part of any permanent or temporary component of the structures
and/or fill authorized herein is prohibited.
7. The structures and/or fill.authorized herein shall be maintained in good repair and in accordance with the terms
and conditions stated herein.
8 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.
9.` 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
1.0a. The project shall not significantly interfere with littoral or riparian property Iowners' 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.
10b. Structures shall not extend beyond the length of existing piers used for similar purposes; inno case shall the
length extend more than % of the way across a water body. .
10c. 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 may be 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.
10d. When removed, all seasonal structures shall be stored landward of the mean or ordinary high-water shoreline,
and outside of vegetated wetlands, dunes and all wetland resource areas. Said storage shall be in
conformance with any applicable local, state or federal requirements.
10e. Any 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.
1Of. 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.
License No.- WW06-0000047 Page 4
DOCKING OF.VESSELS
11 a. 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 effects on eelgrass in the area.
11 b. Vessels shall be moored such that they do not become grounded at any tide:
11c. No dredging (including, but not limited to effects of prop wash) is permitted herein.
11 d. 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 the 60 days from the
date hereof, in the appropriate Registry of Deeds for the said County, where the project site is located.
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
c�cd
3day of in the year.
date month year
Commissioner .Department of
Environmental
Protection
Program Chief T,
This License is approved, in of the payment'into the treasury of the Commonwealth by said --
Pine Bass III LLC f the further three hundred and
oeurr
Licensee sum of forty-five dollars and zero $345.100
cents
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. C" /S?I.
Governor
License No. WWOio r 0000047
a� LQGVS 1
�a abQ Approved by Department of Environmental Protection
SA�NE� 6 Date: SEP 2 3 Z02�
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PURPOSE: SIMPUFIED LICENSING Plan accompanying Project Description:
petition of: MODIFY EXISTING LICENSED PIER,
DATUM: MLW. = 0 RAMP, & FLOAT
ADJACENT PROPERTY OWNERS: PINE BASS 01 LLC In: BASS RIVER
i. BERKQALE REALTY TRUST
200 STATE ST. 5th FL At: 232 PLEASANT ST. 2. STRATTON & TRENT LLOYD BOSTON, MA 021S0. YARMOUTH
.09 County of: BARNSTABLE
Date; NOV. 10, 2021 SHEET 1 OF 2
License No. t#')0 06 - 000 00 L �
Approved by Department of Environmental Protection
Date: SEP 2 32022
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PURPOSE: SIMPLIFIED LICENSING Plan accompanyjng Project Description:
petition of: MODIFY EXISTING LICENSED PIER,
DATUM: MLW = O RAMP, & FLOAT
ADJACENT PROPERTY .OWNERS: PINE B Ill LW In: BASS RIVER
200 STATE ST. 5th FL At: 232 PLEASANT ST.
1. BERKDALE REALTY 1RUST SO. YARMOUTH
2. STRATTON & TRENT LLOYD BOSTON, MA 02109 County of: BARNSTABLE
Date: NOV. 10, 2021 SHEET ,2 OF 2