HomeMy WebLinkAboutCh. 91 LicenseCommonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Southeast Regional Office• 20 Riverside Drive, Lakeville MA □2347 • 5 □8·846-2700
Maura T. Healey
Governor
Kimberley Driscoll
Lieutenant Governor
Sweetheart Creek LLC
c/o Down Cape Engineering, Inc.
Attn: Daniel Ojala
939 Route 6A
Yarmouth Port, MA 02675
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
.JUNO 5 2024
Rebecca L. Tepper
Secretary
Bonnie Heiple
Commissioner
Waterways License Application No. 22-WW0l-0126-APP, License No. WW0l-0000143
Sweetheart Creek LLC, Sweetheart Creek, 355 Great Island Road, Yarmouth
Dear Sir or Madam,
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. Any 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 final 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 of license issuance. In the case of recorded land, the License
shall also be noted in the Registry's Granter Index under the name 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 CMR 9.18.
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-amendment/download. Failure to notify the Department of the recording of this License is a
violation of 310 CMR 9.00.
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. 22-WW0l-0126-APP, License No. WW0l-0000143
Nino Micozzi, Sweetheart Creek, 355 Great Island Road, Yarmouth
REQUEST CERTIFICATE OF COMPLIANCE
Pagel
Pursuant to 310 CMR 9 .19, once the proposed project is completed you must file a Request for a Ce1iificate
of Compliance form, BRP WW05, within sixty (60) days of completion but in no event later than five (5)
years from the License's issuance date. The license for any project for which such a request is not filed and
certificate issued may be revoked pursuant to 310 CMR 9 .26.
NOTICE OF APPEAL RIGHTS
Who has the right to appeal?
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, pursuantto
M.G.L. c. 30A, § lOA, 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 0234 7
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:
ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. 22-WW0l-0126-APP, License No. WWOl-0000143
Nino Micozzi, Sweetheart Creek, 355 Great Island Road, Yarmouth
Mass. Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
What information must be included in the hearing request?
Page3
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 fmancial hardship together with the
hearing request as provided above.
Please feel free to contact Cally Harper of the Waterways Program, (617) 549-3598 or
cally.harper@mass.gov, if you have any questions pertaining to the Chapter 91 License.
Sincerely,
Brendan C. Mullaney
Section Chief
Waterways Program
cc: w/enc. Daniel J. Padien, Waterways Program Chief, DEP Boston
Office of Coastal Zone Management
Yarmouth Harbormaster
Yarmouth Conservation Commission
Sweetheart Creek ·LLC
mbe C!Commontuealtb of fflassacbusetts
No.WWOl-0000143
Wbereas, Sweetheart Creek LLC
of --Boston --in the County of --Suffolk --and Commonwealth aforesaid, has applied to the
Department of Environmental Protection for license to --reconstruct and maintain a pier, ramp and
two (2) floats --
and has submitted plans of the same; and whereas due notice of said application, aad of the time aad
plaee fixed fur a hearing thereon, has been given, as required by law, to the --Select Board --of the
--Town of Yarmouth. --
NOW, said Department, having heard all parties desiring to be heard, and having fully considered
said application, hereby, subjeet to the approval of the Go•,<emor, authorizes and licenses the said
--Sweetheart Creek LLC --, 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 and maintain a pier,
ramp and two (2) floats --
in and over the waters of --Sweetheart Creek --at --355 Great Island Road --in the --Town of
Yarmouth --and in accordance with the locations shown and details indicated on the accompanying
DEP License Plan No. WW0I-0000143 (4 sheets).
WW0l-0000143 Page2
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 oflicense 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 over 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
existing 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, 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 ofM.G.L. c.21, s.l 7c
apply.
3. The floats shall be constructed with an appropriate number of piles/pipes with float-stops in order to maintain at
least thirty (30) inches of clearance of the bottom at all tides. The Department may approve alternative float-stop
structural designs, provided that written approval from the Department is granted prior to the deployment of the
float(s).
4. The use ofunencapsulated polystyrene as part of any permanent or temporary component of the structures and/or
fill authorized herein is prohibited.
5. No dredging (including, but not limited to the effects of prop wash) is permitted herein.
6. 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. ·
7. 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 CrvrR 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 WW0l-0000143 is on file in the office of said Department, and original
of said plan accompanies this License, and is to be refe1Ted to as a part hereof.
WW0l-0000143 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 fuis 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 fmal 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 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.
_ 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 strnctures on such areas in a
manner that would impede or discourage the free flow of pedestrian movement thereon.
WW0l-0000143 Page 4
The amount of tide-water displaced by the work hereby authorized has been ascertained by said
Department, and compensation thereofhas been made by the said --Sweetheart Creek LLC --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 5'1tday of 'J'U N 'E. in the year two thousand twenty-four.
¼-' Program Chief Department of Environmental Protection
THE COMMONWEAL TH OF MASSACHUSETTS
said--
of the further sum of --
the amount determined by the Governor as a just and e~m!l5le charge for rights and privileges hereby
granted in the land of the Commonwealth.
BOSTON,
Gevemer
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
WW01-
0000143 Mass DEP M.G.L Ch. 91 LICENSE # ----------
I CERTIFY THAT THIS PLAN HAS BEEN
PREPARED IN CONFORMITY WITH THE
RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE
COMMONWEALTH OF MASSACHUSETTS.
~~~Y-~
NOTES
MAP 14 PARCEL 3
DA llJM: NAVO 88 FLOOD ZONE:
AE (EL 13)
REF: INTERIM APPROVAL #2751
(EXPIRED)
POST SIGN TO ALLOW
LATERAL PASSAGE AT
STEPS
R.
LIC,# 2330
PROPOSED
(2) 6 x 16.5' FLOATS
(TO BE REMOVED
SEASONALLY)
PLAN ACCOMPANYING PETITION OF
SWEETHEART CREEK LLC
#355 GREAT ISLAND ROAD
TO RECONSTRUCT, PERMIT AND
. MAINTAIN FIXED PIER, RAMP & FLOATS. IN
AND OVER THE WATERS OF
SWEETHEART CREEK
YARMOUTH, MA
APRIL 4, 2024
21-341 SHEET 1 OF 4
Professional Land Surveyor
OWNER OF RECORD
NINO MICOZZI
SWEETHEART CREEK LL
159 CAMBRIDGE ST.
ALLSTON, MA 02134
Lewis Bay
ntucket
Sound
LOCUS MAP
DEP UC. #300{/9
,..__ _________ __.
ROBERT E. GRIFFIN ~
JUDY M. ZEHENTNER CO-STEES
THE ROBERT E. GRIFFIN RE ABLE TRUST
2 JUSTIN COURT, PALISADES, NY 10964
9i;-( REMOVE EXIST RAMP AND FLOAT
~~
/ PROP. 20' RAMP
Scale: 1''= 40'
0 20 40
I ~ down cape
~ 1 fox. 508-362-98B0
939 main st. yarmouth, mo 02675
TIDAL DATUM
MHW EL 1.4' ~
1.4'
NAVO EL a.a·
2.3'
MLW EL -2.3'
I CERTIFY THAT THIS PLAN HAS BEEN
PREPARED IN CONFORMITY WITH THE
RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE
COMMONWEAL TH OF MASSACHUSETTS .
Professional Land Surveyor
.,_., -202.'f
Date
-----86-' ----------:-1 -----52.2:-' ------·
EXIST. DECK
ELEV. 5.3'
RE-USE EXIST.
PILES/POSTS
PROVIDE 'LONGSHORE ACCESS
STEPS BOTH SIDES OF PIER AT
TOP. OF BANK
20' RAMP
RAD
(2) 16.5 x 6' FLOATS
RE-LOCATED/ADDED 12" PILINGS (FOR
A TOTAL OF 4) FOR FLOAT ATTACHMENT
PROFILE
1" = 20'
Scale: 1 "= 20' ~ down cape
engineering, inc.
~ aYL ENGt&RS
LAN> MVEYORS
off. 508-362-4541
fax. 508-362-9880
'1-'I -202'! \ ~ --939 main st. ~rmouth, ma 02675
DATE ANIEL A. OJALA, P.E., .L.S.
PLAN ACCOMPANYING PETITION OF
SWEETI-EART CREEK LLC
#355 GREAT ISLAND ROAD
TO RECONSTRUCT, PERMIT AND
MAINTAIN FIXED PIER, RAMP & FLOATS IN
AND OVER THE WATERS OF
SWEETHEART CREEK
APRIL 4, 2024
21-341
YARMOUTH, MA
SHEET 2 OF 4
LICENSE PLAN NO. WW0\-0000 l't\
Approved 11Jt Dllpadnat al Enwlm1118n111 PnlllctkM
Date
JUNO 5 2024
I CERTIFY THAT THIS PLAN HAS BEEN
PREPARED IN CONFORMITY WITH THE
RULES AND REGULATIONS OF THE.
REGISTERS OF DEEDS OF THE
COMMONWEAL TH OF MASSACHUSETTS.
3=? ~ ~ cS}~
'I-'I -202'1
Date Professional Land Surveyor
RE-USE EXIST. PILING
\
2 X 6 DECKING 3/4" SPACING
FASTEN WITH STAINLESS SCREWS
4'-0" LONG BOARDS OVERHANG EA. SIDE
(2) 3"X8" BENTS
SISTER STRINGERS
AT JOINTS
4X4 HANDRAIL POST
BOLTED TO 3X8
(3) 3"X8" STRINGERS@ 20" ON CENTER
PIER PLAN VIEW DETAIL
NTS
HANDRAILS NOT SHOWN FOR CLARITY
.,_ 'I -202'1 \ ~ -..
DATE DANIEL A. OJALA, P.E., .LS.
PLAN ACCOMPANYING PETITION OF
SWEETI-EART CREEK UC
#355 GREAT ISLAND ROAD
~ doW'n cape
engineering, inc.
~ CIVLENGtEERS
LAN> Sl.RVEYORS
off. 508-362-4541
fax. 508-362-9880
939 main st. yarmouth, ma 02675
TO RECONSTRUCT, PERMIT AND
MAINTAIN FIXED PIER, RAMP AND FLOATS
IN AND OVER THE WATERS OF
SWEETHEART CREEK UCENSEPLANNO. ~WOl .... OOOOtl4"5
Approved ~ 0eparlment of EnvlloNnental Piofecfolt
YARMOUTH, MA
APRIL 4, 2024
21-341 SHEET 3 OF 4
Date: JUN O 5 2024
I CERTIFY THAT THIS PLAN HAS BEEN
PREPARED IN CONFORMITY WITH THE
RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE
COMMONWEAL TH OF MASSACHUSETTS.
Professional Land Surveyor
4' -0" WIDE MAX
~-~ -202'f
Date:
2"x6"
I ~
2" X 6" DECKING
3/4" SPACING
DECK ELEV. 5.3'
RE-USE EXIST. PILINGS
3X8 BRACES EACH BAY
BELOW MHW
MHW EL. 1.4'
3/4"¢ H.D. GALV.
THRU BOLT (TYP)
2"x4"
@
SECTION
NOTCH 4X4
I'/ THRU BOLT TO
3X8
down cape
a~~ PIER CONSTRUCTION DETAIL
NTS
off. 508-362-4541
fax. 508-362-9880
939 main st. yarmouth, ma 02675
PLAN ACCOMPANYING PETITION OF
SWEETI-EART CREEK LLC
#355 GREAT ISLAND ROAD
TO RECONSTRUCT, PERMIT AND
MAINTAIN FIXED PIER, RAMP & FLOATS IN
AND OVER THE WATERS OF
SWEETHEART CREEK
APRIL 4, 2024
21-341
YARMOUTH, MA
SHEET 4 OF 4
LICENSE PLAN NO. ~NOl· OOOOllfl
Approved by Departmentof Elwllor ... dal Aotecllon
oate: JUN O 5 2024