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Home My WebLink Aboutch 91 LicenseSARNSTABLE LAND COURT REGISTRY TO Commoubaealtb of ftlaooarbuotto Vbereas;, Paul and Jody Steel r of -- Yarmouth -- in the County of -- Barnstable -- and Commonwealth aforesaid, have applied to the Department of Environmental Protection for license to -- reconstruct an existing timber bulkhead and construct and maintain a pier and boat lift -- r jD and have submitted plans of the same, and whereas due notice of said application, and ef the finle 41 Ylaee fixed for ahear ..g diffeen, has been given, as required by law, to the --,Board of Selectmen -- of --I the - Town of Yarmouth.oil -- a NOW, said Department, having heard all parties desiring to be heard, and having fully considered 0 said application, hereby, subject to the approval of the Governor, authorizes and licenses the said -- Paul and Jody Steel --, 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 -- reconstruct an existing timber bulkhead and construct and maintain a pier and boat lift -- in and over the waters of -- Bass River -- at -- 66 Grandview Drive -- in the -- Town of Yarmouth -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. W WO 1-0000028 (5 sheets). PLAN FILED IN PLAN DEPT. License No. WW01-0000028 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. This license 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 tern of years not to exceed that authorized in the original 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 under all structures within such .intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on both the easterly and westerly sides of the pier authorized herein., 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. No dredging (including, but not limited to the effects of prop wash) is permitted herein. 4. 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. 5. 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. 6. The timber bulkhead and steps, as shown on License flan Sheets 1 and 2, shall be removed in its entirety from jurisdictional areas prior the commencement of construction of the new bulkhead. All removed structures shall be properly disposed of in conformance with all local, state and federal laws. Duplicate of said plan, number WW01-0000028 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. WWO1-0000028 Page STANDARD WATERWAYS LICENSE CONDITIONS 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 MassDER 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. Navigable River and Streams. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, in the waterway. 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. WWO1-0000028 Page 4 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 -- Paul and Jody Steel -- by paying into the Treasury of the Commonwealth -- two dollars and zero cents ($ 2.00) -- for each cubic yard so displaced, being the amount hereby assessed by said Department. (0 cy = $ 0.00) 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 ql�h day of 'Q) gU_ojV ee in the year a C)of & Program Chief Commissioner Department of Environmental Protection THE COMMONWEALTH OF MASSACHIJSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said -- Paul and Jody Steel -- of the further sum of -- nine hundred nine dollars and zero cents ($909.00) -- 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, Governor �, rs. �� , �. - �, `� .. 3: { t j .. - '�. � - � 1 _. '\?' - i � �--T