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Chapter 91 License- recorded1 =LFEL2 om i 525BlIETESFgESF-202F The Commonwealth of Massachusetts No.WW01-0000109 Whereas,Thomas and Lisa Dwyer of --Dedham --in the County of --Norfolk --and Commonwealth aforesaid,have applied to the Department of Environmental Protection for license to --remove existing pier and construct and maintain a pier,ramp,and floats -- and have submitted plans of the same;and whereas due notice of said application,and-ofthe-timeand-placeHxedforahearingthereon,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 Bk 2803 , Pease 3> Pla, Bool 700, Psseq 22-2¢ --Thomas and Lisa Dwyer --,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 --remove existing pier and construct and maintain a pier,ramp,and floats -- in and over the waters of --Dinahs Pond --at --160 Mayflower Terrace --in the --Town of Yarmouth --and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No.WW01-0000109 (4 sheets). Bk 35789 Pg200 #19342 License No.WW01-0000109 Page 2 The structures hereby authorized shall be limited to the following use(s):noncommercial docking and boating access to navigable waters. 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 term 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 northerly and southerly 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.¢.21,s.17¢apply. 3.The existing pier,as shown on License Plan Sheets 1 &2,shall be removed in its entirety from Jurisdictional areas prior the commencement of construction of the new pier,ramp,and floats.All removed structures not intended for reuse shall be properly disposed of in conformance with all local,state and federal laws. 4.No dredging (including,but not limited to the effects of prop wash)is permitted herein. 5.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. 6.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. Duplicate of said plan,number WW01-0000109 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. Bk 35789 Pg201 #19342 License No.WW01-0000109 Page 3 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 131,5.40. 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 anylawfulpurpose,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. Bk 35789 Pg202 #19342 License No.WW01-0000109 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 --Thomas and Lisa Dwyer --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 Lt h day of May in the year two thousand twenty-three. Commissions n aJTHECOMMONWEALTH OF MASSACHUSETTS | Department of Environmental Protection This license is approved in consideration of the payment into the treasury of the Commonwealth by the said --Thomas and Lisa Dwyer -- of the further sum of —one thousand two hundred sixty dollars and zero cents ($1,260.00)-- the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. BOSTON, Approved by the Governor. Governor BARNSTABLE REGISTRY OF DEEDS John F.Meade,Register 700-22 CORDED - RECEIVED AHO RE |CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRARS OF DEEDS. Date H ~30-21. pLsLT L OQ =0%, DANIEL NeyA,\a WF QIALA of 2023HAY 17 PH 1:23 N/F ROSALIE NELSON & MICHAEL MAJEWSKI LEGEND Td TN EDGE OF MARSH 25 f 2—~MW EAN HIGH WATER ly,KAA_—wy w E ¥SF or MEAN LOW WATER is LOCUS 2-———ELEVATION CONTOUR 1PROPERTYLINEsA AasMI,SALT MaRsH AN 546 AIRLINE ROAD, S.DENNIS,MA N°Se &%7\3en\ryPIER,RAMP,AND &%%,SITE PLAN FLOATS \0 > PLANS TO ACCOMPANY PETITION OF {2 INTERVALE ROAR,{ DEDHAM,MA 02026 | N/F ROBERT &EVELINA FITZGERALD 166 MAYFLOWER TERRACE S.YARMOUTH,MA MA 02675 DATUM’FORALL ELEVATIONS™&*KAVDE8 THOMAS AND LISA DWYER,DWYER REALTY MHW =1.9’MLW =—0.3’ TRUST,160 MAYFLOWER TERRACE,TO RECONSTRUCT,RELOCATE,LICENSE AND LICENSEPLANNO.WWol-000004MAINTAINAPIER,RAMP,AND FLOATS IN Tied PestsDINAH'S POND,(BASS RIVER),Approved by Depart of i Potecion YARMOUTH,BARNSTABLE COUNTY EG ad D)WAY 0 8 2023 BY:SHOREFRONT CONSULTING,DENNIS,MA NT)AND DOWNCAPE ENGINEERING,YARMOUTH,MA [om APRIL 30,2022 SHEET 1 OF 4 400-23 RECEIVED AHD RECGRDED 100-273 |CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRARS OF DEEDS. Date a zl prs A LO:DANIEL A | oinLA o NO.408380 Nn 2023HAY 17 PH 1:23 i\Vol\,LN \\{ ;)\i \{od AR\/|)\ }/¢ [¢[ {4 N ¢=)(Y“{ N p \ \,O,/ Nr i EXISTING\"DWELLING N NN \ \~~,() \Zs ({\(AM \ie Ne \ho\\\N \\IN \\SONaBELOCATEDRAMP!7\\S,?\L \ Y i ioo LICENSE PLAN NO,Wwol -0000 0% Approved by Department of Environmental Protection Date:fay082023 PLANS TO ACCOMPANY PETITION OF DATUM FOR ALL ELEVATIONS =NAVDES THOMAS AND LISA DWYER,DWYER REALTY MHW =1.9 MLW =-0.3 TRUST,160 MAYFLOWER TERRACE,TO RECONSTRUCT,RELOCATE,LICENSE AND BY:SHOREFRONT CONSULTING,DENNIS,MA nema’ MAINTAIN A PIER,RAMP,AND FLOATS IN AND DOWNCAPE ENGINEERING,YARMOUTH,MA DINAH'S POND,(BASS RIVER), YARMOUTH,BARNSTABLE COUNTY APRIL 30,2022 SHEET 2 OF 4 400-2Yy RECEIVED AND RECORDED 2023MAY 17 PH 1:23 BARNS Th 3 LUT Y LICENSE PLAN NO,IWWot -00001 0&4 Approved by Department of Environmental Protection Dale:FAY 0 8 2023 ~~SALT MARSH[=EXISTING PIER EX.CONC.RET. PROPOSED 4.5'x4" TIMBER LANDING x RAISED PIER;DECK us 16’ 24’LONG TOTAL) PILES Rk RR PLANS TO ACCOMPANY PETITION OF THOMAS AND LISA DWYER,DWYER REALTY TRUST,160 MAYFLOWER TERRACE,TO RECONSTRUCT,RELOCATE,LICENSE AND MAINTAIN A PIER,RAMP,AND FLOATS IN DINAH'S POND,(BASS RIVER),DATUM FOR ALL ELEVATIONS =NAVD88 YARMOUTH,BARNSTABLE COUNTY MHW =1.9’ PIER EXTENSION I»PIER,RAMP,AND FLOATS EXTEND ‘80’BEYOND MHW —— SECTION A-A ELEVATION DETAL MLW =-0.3 5.3'+NAVDSB RELOCATED 3'x14’RAMP 4'x10"FLOAT PROPOSED 87x24’LONG ANCHOR PILES (2 TOTAL) 10 DECK HEIGHT x22°LONG PILES (8 TOTAL) SU RRA Hn BY:SHOREFRONT CONSULTING,DENNIS,MA AND DOWNCAPE ENGINEERING,YARMOUTH,MA APRIL 30,2022 SHEET 3 OF 4 m id © : w oOTi Oo MmmQ0 -xXm x:wv >zoO o @Q c=o=wn oOi HLIM FONVAY003V Ni Q3dvd3dd SYM NVId SIHL IVHL A4IL¥30 |hZz-00£ RECEIVED AXD RECORDED 2023MAY IT PM 1:23 ARES TELE COUNTY HS THT UF DEEDS -4 ——|-|2"x6"AZEK RAILING CAP 4"x4"POST BOLTED 4 THROUGH YOKES AND JOISTS (TYP) 2"x8"STRINGERS (3 TOTAL,TYP) OR (2)3x8" Ney RAILING (TYP) |_.—ROPE MID RAIL —_|] [o/s AZEK DECKING J} w/3/4”spAaiG~~z 3/4”THROUGH—BOLTStreos—]—3"x8"YOKE;(2)TYP.=I:sa N 3"x8"CROSS BRACING,(TYP) 3%"THROUGH BOLT WITH DOCK WASHERS (TYP) 8”"PEARSON" FIBERGLASS PILES INSTALL SCREW ANCHOR AT EACH BENT BEYOND MHW TO PREVENT ICE UPLIFT (Optional) DOCK SEL HON B-B ELEVATION DETAIL 1"=2' PLANS TO ACCOMPANY PETITION OF THOMAS AND LISA DWYER,DWYER REALTY TRUST,160 MAYFLOWER TERRACE,TO RECONSTRUCT,RELOCATE,LICENSE AND MAINTAIN A PIER,RAMP,AND FLOATS IN DINAH'S POND,(BASS RIVER), YARMOUTH,BARNSTABLE COUNTY DANIEL A. OJALA CivIL No.46502 2x6”AZEK RAILING FSpdCAP(TYP)-y ROPE MID RAL 5/8"THROUGH \2"x4"RAILING TF) 2x6"AZEK DECKING W/%” SPACING;OVERLAP 1”(TYP)BOLT (TYP .2x8"STRINGERS of (TYP) 3x8"YOKE;4"THROUGH (2)TY".g BOLT WITH DOCK WASHERS (TYP) _—3"x8"CROSS BRACING,(TYP)=F 8”FIBERGLASS B PILES (TYP) DOCK SECTION A-A ELEVATION DETAIL AND DOWNCAPE APRIL.30,2022 vez LICENSE PLAN ND,Wwol -booo 104 Approved by Department of Emunmentl Prtction BY:SHOREFRONT CONSULTING,DENNIS,MA ENGINEERING,YARMOUTH,MA SHEET 4 OF 4 0~ y ™— \§ ). a1pQ -L ¥~r waXIm Am© 3 Aw Oo mn oOmm<O wn edIm Acmwn 2Z<Q Aim©c=oO Zz wn oO- HLM 3ONVA¥0O0V NI Q3dVdidd SYM NVid SIHL 1VHL A4ily30 |