HomeMy WebLinkAbout2CapeIsleDrive_Chap91License_No14167-m;ge QCommonwealtb of ;iltlla.z.satbu.sett.rJ
No.14167
Applicant must fill in pages 1 and 2 of this license.
SIMPLIFIED LICENSE
BRP\VW06
Chris & Paula Erickson Yarmouth of the Town/City of: ~==~-------in: Barnstable
Applicant's name Town/City County
County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simplified
License to:
Please check: IZJmaintain an existing (pre-1984):
Please check all that apply below:
D pier/dock -
D boat ramp
1ZJ ramp
1ZJ float(s)
D pile(s) (as part of pier)
D boat lift
D boat house
D retaining wall/seawall
1ZJ bulkhead
D rip rap/stone revetment
D groin(s)
D Nonwater-dependent (NWD) residence
D other ----------
□construct a proposed or maintain an
existing (post-1984):
Please check all that apply below:
Opier/dock
Dramp
D float(s)
Opile(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 [Please check one:] 1ZJ Board of Selectmen D Mayor and City Council, of the Town/City of:
Yarmouth
Town/City
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 <if the
ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to:
Please check all that apply: Please check all that apply:
IZJ maintain existing structure(s) for: □construct and maintain structure(s) for:
IZJ non commercial docking/access to navigable water
D shoreline stabilization
IZJ residential, NWD building
Doth er _______________ _
D non commercial docking/access to navigable water
D other ·
Parker River Yarmouth
in and over the waters of·. --------·1n the Town/C"1ty of· --------------
wate,way ' . Town/City
• and in accordance with the locations shown and details indicated on the accompanying License Sketch Plan No.14167.
(total number of Sheet(s): 1)
License# 14167 Page
The total area of the combined structures, m.easured below mean/ordina,y 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
Janua,y 1, 1984 withourany fill. · For structures or fill constructed prior to Janua,y 1, 1984 and not substantially
altered since that date: any structures and fill, eitherwater-oependent or nonwater-dependent, total no more than
600 square feel In both instances structure is not a marina (i.e. does not seive ten or more vessels). Dimensions
of all structures are shown oli the accompanying plan( s ).
2
"I hereby make application for a License to authorize the activities I have described herein. Upon my signature,.
I agree to allow the duly authorized representative of the Massachusetts Department of Environmental
Protection to enter upon the premises of the project site at reasonable times for the purpose of inspection. I
hereby certify that the information submitted in this document is true and accurate to the best of my knowledge.
And, upon my signature, that I have read the License and conditions and agree to the terms and conditions set
forth herein."
·soxA:
Chris & Paula Erickson
Print Nanie
2 Ca e Isle Drive
Mailing Address
Yarmouth
City!Town {not village)
MA
State
(508) 760-5342
(area code) telephone
02664 Barnstable
Zip Code County
saltyh ead@comcast.net
Notification: Your signature to the right certifies that
you have·notified the entities as checked off in the
boxes below. Signature of applicant
. June 1, 2015
Date
Notification of application
has been provided to: (please
check)
and has been sent by certified
mail to: (please ch~k)
BOXB:
~ Local Conservation Commission
jgJ Zoning Authority
jgJ Abutters
If site address is different from mailing address:
Site Address of the structures
CityfTown
State Zip Code County
l;lOXC:
If the applicant is different than the owner:
Owner
Engineer/Agent
~ Board of Selectman
{8l Planning Board
D Interested Parties
0 Mayor and City Council
D Landowner (if not applicant)
License# 14167 Page 3
NOTE: This License is not valid until such time as it has been numbered and signed by the appropriate State
officials (see page 5) and recorded at the Registry of Deeds.
USE: The structures authorized herein shall be for private 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 an amendment to this license by the Department. The structures authorized herein shall be
limited to the following uses: noncommercial docking and boating 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 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 the easterly/westerly or northerly/southerly sides of the 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.
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 Lice"nSee 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 s3 permitted use to which the limited liability provisions of M.G.L. c.21, s17c shall
apply.
2. This License authorizes structure(s) and/or fill on:
f9J~.M;lssDER.l,JSE;§!illl
~ Private Tidelands
0 Commonwealth Tidelands
In accordance with the public easement that exists by law on private
tidelan.ds, 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, strolling and the
natural derivatives thereof. -----•-~-~,--~-------~~ 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.
The Commonwealth holds said. lands in ttust for the benefit of the public. ---~-~-----!--'-"----'-"' The Licensee shall not restrict the public's right to use and to pass freely
---~--'--u""p°'occn.c...l=ands ly_ir,g seaward of the high water mark for an lawful u ose.
·□·Navigable River or Stream The Licensee shall not restrict the public's right to use and to pass freely,
-----~fo~r~a~n~x .. lawful purpo~El, in the waterway. ·
0 Great Pond
3. Unless otherwise expressly provided by this license, the Licensee shall not limit the hours of availability of any
areas of the subject property design·ated for public passage, nor place any gates, fences, or other structures on
such areas in a manner that would impede or discourage the free fiow of pedestrian movement thereon. No
restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this
license.
License# 14167 Page
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 use or
unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways
License void. · ·
4
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 structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms
and conditions stated herein.
7. 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.
8. 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:
9a. 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.
9b. Structures shall not extend beyond the len_gth of existing piers used for similar purposes; in no case shall
the length extend more than ¼ of the way across a water body and shall conform to the square footage
requirements as stated in Construction Condition 9a.
9c. Within areas of salt marsh, structures shall be constructed with a minimum height of 4 feet ,ibove 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 maybe 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.
9d. When removed, all seasonal structures shall be stored landward of the mean or ordinary high water
shoreline, vegetated wetlands, dunes and all wetland resource areas. Said storage shall be in conformance
with any applicable local, state.or federal requirements.
9e. The 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.
91. 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
perio_d, a written request to extend the period and provides an adequate justification for said extension.
DOCKING OF VESSELS:
1 0a. 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 affects on eelgrass in the area.
License# 14167 Page 5
1 Ob. Vessels shall be moored such that they do not become grounded at any tide.
1 0c. No dredging (including, but not limited to effects of prop wash) is permitted herein.
1 0d. No boat moored at any dock may block or unduly impede navigation within the wateiway 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 previousi'y 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 60 days from the
date hereof, in the Registry of Deeds for the said County.
Acceptance of this Wateiways 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 authoriz<ations 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
'()..._ 11,;... day of · A 01,,u;--in the year 2016 ·
date month year
G8fflFAissi9FIQF '
fa Program Chief ~d f. Ml
THE COMMONWEAL TH OF MASSACHUSETTS
Department of
Environmental
Protection
This License is approved in consideration of the payment into the treasury of the Commonwealth by said -
Chris & Paula Erickson of the further sum of zero dollars and zero cents ($ 0.00).
Applicant Amount
The amount detemtined by the Govemor as a just and equitable charge !or rig
the land el the Gommonweall!t
Boston
LicenstJNo. /1/161
Approved by Departnient ofEmnromn<,nt,I Pro1edlon Dale: .
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Purposa: Simplmed Licensing
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By appli:anl; ChAiS A, .;:ks: .,J
date: C. l ti /5 sheet: ....L of_. _I_