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APPROVAL 4216
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PuRposa: INTERIM- APPROVAL Eod -,P QYSfe-S' CD`Je R8.
DATUM 1 .' i c kaLrJ Bates QAm p and FlOa+S
ADJACENT PROPERTY OWNER3. IN Bass River
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Mar (Uramunwawr of Asssacqusetts
No. 4215 INTERIM
x,
APPROVAL
ONLY
Richard Bates
of -- Yarmouth --, in the County of -- Barnstable -- and Commonwealth
aforesaid, has applied to the Department of Environmental Protection for
Interim Approval to -- maintain: stairs, a pier, ramp, and pile -held floats
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and has submitted plans of the same; and whereas due notice of said
application has been given to the -- Board of Selectmen -- of the Town of
-- Yarmouth.
NOW, said Department, having fully considered said application, hereby,
40 authorizes the said -- Richard Bates --, subject to the provisions of 310
CMR 9.10, to -- maintain stairs, a pier, ramp, and pile -held floats -----
in and over the waters of -- Bass River -- in the Town of -- Yarmouth --
and in accordance with the locations shown and details indicated on DEP
interim Approval Plan No. 4215 (3 Sheets), original of which is on file in
the office of said Department.
The structures hereby authorized shall be limited to the following
use: noncommercial docking and boating access to navigable waters.
This Interim Approval is valid for 30 years from the date of issuance. If
the affected property is transferred to a new owner, for valuable
consideration, this approval shall expire one year from the date of
transfer.
This Interim Approval shall be void unless the same is recorded within 60
days from the date hereof, in the Registry of Deeds for the County of
-- Barnstable --.
INTERIM!
APPROVAL
ONLY
PRINTED DN RECYCLED PAPER
Interim Approval No. 4215
Page 2
SPECIAL INTERIM APPROVAL CONDITION
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
over all structures within such intertidal. area.
Accordingly, the Licensee shall place and maintain, in good repair, a
ladder and public access sign on both the northerly and southerly
sides of the pier authorized herein, adjacent to the mean high water
shoreline. The 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 decking in order to facilitate safe
passage.
The signs shall include any statement and/or logo specified by the
Department and shall otherwise conform to the "Signage Specifications
of the Waterways Regulation Program", as may be amended hereafter. A
Licensee's copy of such written specifications is provided with this
license, and an additional copy shall be kept in the Department's
permatnent license file (No. 4215). Nothing in this condition shall be
construed as preventing the Licensee from excluding the public from
portions of said structure or property not intended for lateral
passage.
40 2.) The floats shall be taken out of the water and stored in a secure
upland location in the event a Hurricane is forecasted.
3.) The project authorized herein has been completed in conformance with
the accompanying License Plan. The issuance of this License,
therefore, fulfills the Licensee's obligation. to obtain a CertifiVate
of Compliance pursuant to 310 CMR 9.19.
-----------------------_--_---------_------------------_--__------------+
=- - - - - - - -- - -- - ----
Please see Page 3 for additional conditions to this Interim Approval. ----
interim Approval No. 4215
Page 3
STANDARD INTERIM APPROVAL CONDITIONS
1. Nothing in this Interim Approval shall be so construed as to impair the legal rights
of any person.
2. Any change in use or any structural alteration of any structure or fill authorized
herein shall require the issuance of a Waterways License. Any unauthorized change in use
or unauthorized structural alteration of any structure or fill authorized herein shall
render this Interim Approval void.
3. This Interim Approval 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 restt;iction on the exercise of these public rights shall be imposed
unless otherwise expressly provided in this Interim Approval.
4. Unless otherwise expressly provided by this Interim Approval, the licensee shall not
limit the hours of availability of any areas of the subject property desrgnaced 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.
_ IN WITNESS WHEREAS, said Department of Environmental Protection have
hereunto set their hands this seventh day of November in
the year nineteen hundred and n nety=6ou .o
Commissioner
Department of
ector _ f. -�,.. Environmental
Protection.
Section. C!:ie
On thiss day of +' 19_&P"before me personally appeared
�-: f• . ; ��� - :r' to me known to be the person described in and who
known
executed this Interim Approval and acknowledged that he/she executed the
same his/her ree ct and deed.
Notary Pub is My commissi expii/es on
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