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.
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INi ERXM
APPROVAL
ONLY
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DATUM �7
ADJACENT PROPERTY OWNERS: 5J it -fir �l �S INLf/✓�
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y APPLICATION BY-Xe: irWfli9 N
a �Iti�V72� -SM, TH
SKEET t OF / DATE /P-3'94
UTABLE REGISTRY OF DEEDS