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Home My WebLink Aboutch 91 permitCommonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Southeast Regional Office• 20 Riverside Drive, Lakeville MA 02347 • 508-946-2700 Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor f EB O 5 2024 Eleanor Acheson and Emily Hewitt c/o Down Cape Engineering, Inc. Attention: Sarah Ojala 939Route 6A Yarmouthport, MA 02675 RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Rebecca .L. Tepper Secretary Bonnie Heiple Commissioner Waterways License Application No. 23-WW06-0033-APP, License No. WW06-0000098 Eleanor Acheson and Emily Hewitt, Bass River, 170 Pleasant Street, Yarmouth Dear Sir or Madrun, 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. Arty 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 fmal 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 oflicense issuance. In the case of recorded land, the License shall also be noted in the Registry's Grantor Index under the nrune 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 CMR9.18. 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://www.mass.gov/doc/eplace-waterways- recording-information-runendment/download. Failure to notify the Department of the recording of this license is a violation of310 CMR 9.00 and is subiect to enforcement action by the Department. This information is available in alternate format. Please contact Melixza Esenyie at 617-626-1282. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Waterways License Application No. 23-WW06-0033, License No. WW06-0000098 Eleanor Acheson and Emily Hewitt, Bass River, 170 Pleasant Street, Yarmouth NOTICE OF APPEAL RIGHTS Who has the right to appeal? Page2 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, § l0A, 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/adjudicatory-hearing-fee-transmittal-form/download. The Notice of Claim must be made in writing and sent by certified mail or hand delivery to: MassDEP Office of Appeals and Dispute Resolution Case Administrator 100 Cambridge Street, Suite 900 Boston, MA 02114 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 Waterways License Application No. 23-WW06-0033, License No. WW06-0000098 Eleanor Acheson and Emily Hewitt, Bass River, 170 Pleasant Street, Yarmouth What information must be included in the hearing request? Page 3 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 Brendan Mullaney of the Waterways Program at (508) 946-2707 or brendan.mullaney@mass.gov if you have any questions pertaining to the Waterways License. Sincerely, Brendan C. Mullaney Section Chief Waterways Program ecc: Daniel J. Padien, Waterways Program Chief, DEP Boston Office of Coastal Zone Management Yarmouth Harbormaster Yarmouth Conservation Commission Eleanor Acheson and Emily Hewitt SIGNAGE SPECIFICATIONS -MassDEP Waterways Regulation Program (Updated September 20, 2012) • Signs shall utilize durable materials and methods of construction and maintained in good condition. • Signs shall be a minimum of 5" x 10" (or 50 square inches) in size. Letter height shall be a minimum of½". • The MassDEP Chapter 91 License number shall be displayed on all signs (as applicable). • Each sign shall indicate that public passage is allowed for on-foot lateral access along the shoreline for the purpose of fishing, fowling, navigation and strolling. • Signs shall be posted on both sides of the pier or structure, at the mean high water shoreline, or as directed by the Chapter 91 License (see Special Waterways Conditions, Page #2 or Page #3 for Simplified Licenses). An example of an acceptable sign is provided below. ~ FOR WW06- 0000098 Mass DEP M.G.L Ch. 91 LICENSE # ---- 'Ifie Commonweaftn of 9.1.assacnusetts No. WW06-0000098 Eleanor Acheson and Emily Hewitt Licensee Name of the Federal District of: Washington, D.C. Federal District SIMPLIFIED LICENSE BRPWW06 United States of in: America Country have applied to the Department of Environmental Protection for a Simplified License pursuant to c.91 or the general laws to: D maintain an existing (pre-1984): D pier/dock D boatramp D ramp D float(s) D pile(s) D boat lift D boathouse D retaining wall/seawall □ bulkhead D rip rap/stone revetment D groin(s) D nonwater-dependent accessory to a residence D other ___________ _ [8J construct a proposed or maintain an existing (post-1984): [8J pier/dock [8J ramp [8J float( s) [8J pile(s) D boat lift D pile-supported boat house D other ___________ _ and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to the [8J Board of Selectmen D 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 General Laws, and of all laws which are or may be in force applicable thereto, to: D maintain existing structure(s) for: D non-commercial docking/access to navigable water D shoreline stabilization D residential, NWD building D other _______________ _ [8J construct and maintain structure(s) for: [8J non-commercial docking/access to navigable water D other _____________ _ at -170 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. VWV06- 0000098. (total number of plan sheets: 1) License No. WW06-0000098 Page2 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. 2. 3. 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 perrnitted use to which the limited liability provisions of M.G.L. c.21, s17c shall apply. 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 to pass freely upon [8J 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, [8J 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. D 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. D 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. 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. WW06-0000098 Page3 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 Lise 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 owners' 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. 1 Ob. Structures shall not extend beyond the length of existing piers used for similar purposes; in no case shall the length extend more than ¼ of the way across a water body. 1 0c. 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. 1 0d. 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. 1 0e. 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. 1 Of. 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. WW06-0000098 Page4 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. 11 c. 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 COMMONWEAL TH OF MASSACHUSETTS IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this 5+n day of 'Feh<uar:?J in the year aoay date month year Commissioner ~ Program Chief Department of Environmental Protection This License is approved in consideration of the payment into the treasury of the Commonwealth by said - Eleanor Acheson and Emily Hewitt Licensee of the further Six hundred fifty- sum of one Amount dollars and zero cents $ 651.00 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. POST SIGN INDICATING PUBLIC ACCESS RIGHTS ALONG MEAN HIGH WATER (UNDER PIER) 3' 8" :32/POS LO . k k SALT MARSH k ~ LICENSE NO. Wtvo(o. 00000~<& Approved by Department of Environmental Protection Date: f EB O 5 2024 ASSESSORS MAP 51 ' FIXED PIER PAR MHW PLAN VIEW 1" = 40' .,... PROP. DECK ci EL. 7.5' 97 PROP. DECK PROP . RAMP 3' X 261 (2) 15' X 6' FLOATS WIDTH ---1---EL. 6.5' , I XIS T M RSH1-++-----l o----------127'----------' PROFILE VIEW 1" = 30' Purpose: Simplified License Datum: NAVO '88 Plan Accompanying Petition of: Project Description: Permit & Maintain Fixed Pier, Ramp & Floats at: 170 Pleasant Street Adjacent property owners: 1. Stephen Gatto 2. David Acheson Eleanor Acheson and Emily Hewitt 425 8th Street Washington, DC 20004-2115 Yarmouth, MA 02664 County of Barnstable Massachusetts Sheet 1 of 1 Date: 8/15/2023