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HomeMy WebLinkAboutChapter 91 License- recorded2h IBTE?Fosl9S £19351D5—~17—-2023 a O1:=2%p The Commontwealth of Massachusetts No.WW01-0000110 Uhereas,Jeffrey and Beth Fanara of --Yarmouth --in the County of --Barnstable --and Commonwealth aforesaid,have applied to the Department of Environmental Protection for license to --construct and maintain an elevated walkway,steps,and fixed landing -- and have submitted plans of the same;and whereas due notice of said application,and-ofthe-time and—place—fixedfor-ahearing thereon,has been given,as required by law,to the --Board of Selectmen --of the --Town of Yarmouth.-- Plas, Becft 700, Pages JZ| 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 --Jeffrey and Beth Fanara --,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 --construct and maintain an elevated walkway,steps,and fixed landing -- Book 31511), Pass 373 in and over the waters of --Dinahs Pond --at —116 Mayflower Terrace --in the --Town of Yarmouth --and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No.WW01-0000110 (4 sheets). Bk 35789 Pgl96 #19341 License No.WW01-0000110 Page 2 The structures hereby authorized shall be limited to the following use(s):privie access to navigable waters for passive and recreational use. 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: I.In accordance with any license condition,easement,or other public right of lateral passagethatexistsintheareaofthesubjectpropertylyingbetweenthehighandlowwatermarks,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 walkway 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.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. Duplicate of said plan,number WW01-0000110 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 Pgl97 #19341 License No.WW01-0000110 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 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. Bk 35789 Pgl98 #19341 License No.WW01-00000110 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 --Jeffrey and Beth Fanara --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 KTh day of wm 0 in the year two thousand twenty-three. |pon Chief RU.C.wl=\C\Department of Environmental Protection Commissioner /A/ THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said --Jeffrey and Beth Fanara-- of the further sum of --two hundred seven dollars and zero cents ($207.00)-- 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 200-1% 700 -1¢ RECEIVED AND & Z CORDED =C |CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRARS OF DEEDS. Date 4-13-23nsLlAL 8RY 1T PH 1:22 11 023 HW ean HGH WATER apMWEANLowWATERIF=2———ELEVATION CONTOUR s we PROPERTY LINE MIL,sat MARSH Y SPARTINA ALTERNIFLORA~~/-(ps /'MAP 118 PARCEL 58 “Xn 716MAYFLOWERTERR.\{_MAP'120;PARCEL 19 MAP 119 PARCEL 59 /JEFFREY B.AND 7 £70 SNiBETHA.FANARA,TRS yy.STHOM SAND MAUREEN MULflaysP.O.BOX 775 /S.YARMOUTH,MA.02664 DEED BK:31511 PG:313 N/F MCCURDY,ROSS W TR 4 MCCURDY REALTY TRUST £© 114 MAYFLOWER TERR.fleS.YARMOUTH,MA.026644,¢° DEED BK:17866 PG:213[*. Ryx_— H MEAN HIGH WATER (EL=1.9' SAIL.fi MEAN LOW WATER—""|= (EL=~0.3") BASS RIVER Me |I SITE_PLAN &:°=A DISTANCE,TO OPPOSITE "Rossy SHORE =1200:yond Eleva *Fixag ,”Ang v*?Landing “2-.DATUM FOR ALL ELEVATIONS =NAVD88-fF MHW =1.9’eels MLW =—0.3' PLANS TO ACCOMPANY PETITION OF JEFFREY AND BETH FANARA,116 MAYFLOWER TERRACE,TO CONSTRUCT,LICENSE AND MAINTAIN AN ELEVATED WALKWAY,STEPS AND LICENSEPLANNO.Wo l-o0000110 FIXED LANDING IN DINAH'S POND,(BASS Approved by Department of Environmental Protection RIVER),YARMOUTH,BARNSTABLE COUNTY . BY:SHOREFRONT CONSULTING,DENNIS,MA AND pa WAY 0 8.2028 EXISTING GRADE,INC.,DOUGLAS,MA Le APRIL 30,2022 SHEET 1 OF 4 700-19 |CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRARS OF DEEDS. Date __\~\D -2D P.L.S. -19 CORDED ~1700 IJHAY 17 PH 1:22 0? RECEIVED AD Z BASS RIVER (TIDAL) 5% ~2<=flogy -—Fee —STE PLAN —PROPOSED ~~~ 1 1 Approved by Department of Environmental Protection LICENSE PLAN NO. IW wol -ococo0 {1D Date:/d 7 PLANS TO ACCOMPANY PETITION OF JEFFREY AND BETH FANARA,116 MAYFLOWER TERRACE,TO CONSTRUCT,LICENSE AND -MAINTAIN AN ELEVATED WALKWAY,STEPS AND IATL FOR JiRENAL =HAVES FIXED LANDING IN DINAH'S POND,(BASS MLW =—0.3 RIVER),YARMOUTH,BARNSTABLE COUNTY BY:SHOREFRONT CONSULTING,DENNIS,MA AND BY:SHOREFRONT CONSULTING,DENNIS,MA AND EXISTING GRADE,INC.,DOUGLAS,MA EXISTING GRADE,INC.,DOUGLAS,MA APRIL 12,2022 SHEET 2 OF 4 APRIL 30,2022 SHEET 2 OF 4 RECEIVED AND RECORDED 2023HAY 17 PH 1:22 BARNS TALE DOURTY REGIS {Ih DEEDS JOH I MEADE BWW (Phragmites,grounsel—[=bush,and willow)* WALKWAY AND LANDING EXTEND|To 43't BEYOND MHW —=LSCSF ——e=i. LAWN UNMONED fs PHRAGMITIES ——emfa—SALT (TO BE REMOVED)MARSH £.7.9'+ ~be-raised PA ems A i 8% 3 H:1"=1 PLANS TO ACCOMPANY PETITION OF JEFFREY AND BETH FANARA,116 MAYFLOWER TERRACE,TO CONSTRUCT,LICENSE AND MAINTAIN AN ELEVATED WALKWAY,STEPS AND FIXED LANDING IN DINAH'S POND,(BASS RIVER),YARMOUTH,BARNSTABLE COUNTY Proposed 32.5’Elevated Walkway,Proposed 13'Elevated Walkway,See Detall El.6.5%;(fully grated) MLWs=-<0:3" xX Long Fiberglass Piles0+25 1.86 0+50 -0.03 0+75 -1.41 LICENSE PLAN NO,Ww o\-Dpoo\O proved by Department of Environmental Protection ate:SECTION A-A ELE A TION DE AL HAY 0 8 2023=BY:SHOREFRONT CONSULTING,DENNIS,MA AND EXISTING GRADE,INC.,DOUGLAS,MADATUMFORALLELEVATIONS=NAVDS8 MHW =1.9’ MLW =-0.3 APRIL 30,2022 SHEET 3 OF 4 CZ-%V-8 ‘S030 40 SHUVMISIOAN IHL JO SNOWYINO3Y GNV S3TNY 3HLe100 HLIM JONVQNOOJY NI QRVd3dd SYM NVTId SIHL LVHL A4UY30 | 02- 1700-21} RECEIVED AND RECORDED WARY TT PHT:23 Seq I 4 |2"x8"RAILING CAP |248"RANG [3 um —4"x4”POST BOLTED CAP (TYP)AN THROUGH YOKES AND01[oF 1 H2"x4”RAILINGS (TYP)|J|JOISTS (TYP) 5/8"THROUGH |2"x4”RAILING »2°x12"STRINGERS BOLT (TYP)TI (TYP)0 |(6 TOTAL,TYP)CC He |[rr GRATING J OR (3)4x10” "THRU~FLO"/GRATED DECKING1 Z _3/4"THROUGH—BOLTS °|2"x12"STRINGERS -—-<(TYP) (TYP)”” 3x10":3%"THROUGH .Ce YOKE;sami BOLT WITH DOCK <= on &Fded = g £2=g 8 3"x8"CROSS BRACING,(TYP) 3%"THROUGH BOLT WITH DOCK WASHERS (TYP) 8""PEARSON" FIBERGLASS PILES (2)TYP.WASHERS (TYP) _—3"x8"CROSS BRACING,(TYP) 8”"PEARSON" FIBERGLASS PILES TION PLANS TO ACCOMPANY PETITION OF JEFFREY AND BETH FANARA,116 MAYFLOWER TERRACE,TO CONSTRUCT,LICENSE AND MAINTAIN AN ELEVATED WALKWAY,STEPS AND FIXED LANDING IN DINAH'S POND,(BASS RIVER),YARMOUTH,BARNSTABLE COUNTY BY:SHOREFRONT CONSULTING,DENNIS,MA AND EXISTING GRADE,INC.,DOUGLAS,MA APRIL 30,2022 SHEET 4 OF 4 = 3 Z 2 082 0 810Q "SG330 40 SYVAULSIOZY IHL 40 SNOLLVIN9G3N ANV STTNY 3HL €Z-61-3 HLIM 3ONVAY0JJV NI Q3dVdRId SYM Nvid SHE LVHL AJLLY30 | 12-00L