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HomeMy WebLinkAbout53 aunt chapter 91 interim approval (expired by transfer in 2003, 2008)Ok 12066 PC 1 12063 02-1 7--1999 a 00 = 03 (ghe (9ommonu uft of filtumadwaft No. 7700 Wheless' John C . Seri j an of -- Yarmouth, -- in the County of --- Barnstable -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for Interim Approval to -- maintain a concrete pad, ramp, floats & piles --- 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, authorizes the said -- John C. Serijan, -- subject to the provisions of 310 CMR 9.10, to -- maintain a concrete pad, ramp, floats & piles --------------- in and over the waters of the -- Follins Pond in the Town of -- Yarmouth -- and in accordance with the locations shown and details indicated on DEP Interim Approval Plan No. 7700 (1 Sheet), original of which is on file in the office of said Department. ------------------------------------•--------- The structures hereby authorized shall be limited to the following use(s): noncommercial docking and boating access to navigable waters. Th; T nterim Approval is valid for 30 years from the dates of issuance. If the affected property is transfexr_ed 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 ON RECYCLED PAPER Interim Approval No. 7700 Page 2 8K 12066 P0139 1 c 86:3 SPECIAL INTERIM APPROVAL CONDITIONS The project authorized herein has been completed in conformance with the accompanying plans. The issuance of this Interim Approval, therefore, fulfills the obligation to obtain a Certificate of Compliance pursuant to 310 CMR 9.19. -------------------------------------------------------------- Special Waterways Conditions: 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 easterly and westerly sides of the ramp, authorized herein, adjacent to the mean high water shoreline. Said signs, provided by the Department, shall be posted immediately upon receipt. Nothing in this condition shall be construed as preventing the Licensee from excluding the public from portions of said Please see page three for additional conditions to this Interim Approval. 8K 12066 P014 0 12863 Interim Approval No. 7700 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 structures) 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 restriction 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 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. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this tenth day of February in the year nineteen hundred and ninety-nine. Department of Assistant - Environmental Program Chief Protection 4n this �Q day of 4191 before me personally appeared Mitch Ziencina to me known to be(56e person described in and who executed ��AiA �nterim Approval and acknowledged that he/she executed the same as hek'f ree act and deed. �.: N t )5_1ic 7 My Commission expires on Ile . }. INi ERXM APPROVAL ONLY Bk 12066 P01 41 128s_-D Or ►►fir Ut 06 �• � i s MAP � * ger�o�ati Q w�yku - a`! M 3 z� FJo245 ' L N R �,p �•�'�c ial O O s3' 301M ,Ol lly3w3SV3 . � , ! 61 3�bHtt v0 O! 60S. --00'!2l , M„OO,SO*SZ �0 �o aAlin Pro V le U-) n Two 8'T.p piles 8v+4 dow c 3 41ol, 31 ly one 3xiwa1![,r'a RaMP Alp it INMIM APPWVAL 77o o APPMWd by Dqmfttd Dm FEB 10 IN PURPOSE. INTERIM APPROVAL �.9 ,eP9iA1 C�vNG.QtT�'—�AD� �I oNN L'. Srt21rTit�J r?lfP FtoAT.s +' P/c,-Y DATUM �7 ADJACENT PROPERTY OWNERS: 5J it -fir �l �S INLf/✓� 4a02*4 Sr-. 441J yA�sx: J �D•�I+�"1 +CfF+�C AT '-' Y.t co�,�1 COUNTY Q"4W,4v/S TATE Af-4 y APPLICATION BY-Xe: irWfli9 N a �Iti�V72� -SM, TH SKEET t OF / DATE /P-3'94 UTABLE REGISTRY OF DEEDS