HomeMy WebLinkAboutChapter 91 lisenceCommonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Maura T. Healey
Governor
Kimberley Driscoll
Lieutenant Governor
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Matthew and Sarah Fitzsimmons
c/o Shorefront Consulting Inc.
Attn: Mark Burgess
290 Center Street
Dennis Port, MA 02639
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. 24-WW0l-0109-APP, License No. WW0l-0000461
Matthew and Sarah Fitzsimmons, Long Pond, 14 Roads End, South Yarmouth
Dear Sir or Madam,
Rebecca L. Tepper
Secretary
Bonnie Heiple
Commissioner
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 ofrecorded land, the License shall also be
noted in the Registry's Grantor 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 MassDEP at 617-292-5500.
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. 24-WW0l-0109-APP, License No. WW0l-0000461
Matthew and Sarah Fitzsimmons, Long Pond, 14 Roads End, South Yarmouth
REQUEST CERTIFICATE OF COMPLIANCE
Page 2
Pursuant to 310 CMR 9.19, once the proposed project is completed you must file a Request for a Certificate 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, 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 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. 24-WW0l-0109-APP, License No. WW0l-0000461
Matthew and Sarah Fitzsimmons, Long Pond, 14 Roads End, South 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?
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 Christine Koczera of the Wetlands and Waterways Program, (857) 268-6653 or
christine.koczera@mass.gov, if you have any questions pertaining to the Chapter 91 License.
Sincerely,
~C.
Waterways Program
cc: w/enc. Daniel J. Padien, Waterways Program Chief, DEP Boston
Office of Coastal Zone Management
Town of Yarmouth Harbormaster
Town of Yarmouth Conservation Commission
Matthew and Sarah Fitzsimmons
~be (!Commonwealtb of ;!ffilassacbusetts
No.WWOl-0000461
'Wb.er.ea:s, Matthew and Sarah Fitzsimmons
of --Yarmouth --in the County of --Barnstable --and Commonwealth aforesaid, have applied to the
Department of Environmental Protection for license to --maintain a seasonal dock --
and have submitted plans of the same; and whereas due notice of said application, and of the time and
place fixed for 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, subject to the approval of the Governor, authorizes and licenses the said
--Matthew and Sarah Fitzsimmons --, 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 --maintain a seasonal
dock --
in and over the waters of --Long Pond --at --14 Roads End --in the --Town of Yarmouth --and in
accordance with the locations shown and details indicated on the accompanying DEP License Plan
No. WW0l-0000461 (4 sheets).
wwo 1-0000461 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 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.
Special Waterways Conditions:
1. In partial compensation for private use of structures on land within a Great Pond, 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, along the upland of the subject property within five (5) feet 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 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.17c shall apply.
2. In accordance with any license condition, easement, or other public right oflateral passage that
exists on the subject property lying below the high-water mark, the Licensee shall allow the public
in the exercise of such rights to pass freely over all structures within such area. Accordingly, the
Licensee shall place and maintain, in good repair, a public access sign on both the easterly and
westerly sides of the pier authorized herein, adjacent to the ordinary high-water shoreline. Said
signs, designed in accordance with the signage specifications provided by the Department,
attached hereto, shall be posted immediately upon completion of construction. Nothing in this
condition shall be construed as preventing the Licensee from excluding the public from portions
of said structure or property not intended for lateral passage.
3. When removed, all seasonal structures shall be stored landward of the ordinary high-water line
and outside of other wetland resource areas. Said storage shall be in conformance with any applicable
local, state or federal requirements.
4. 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.
5. 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 CMR 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-0000461 is on file in the office of said Department, and
original of said plan accompanies this License, and is to be referred to as a part hereof.
wwo 1-0000461 Page 3
STANDARD WATERWAYS LICENSE CONDITIONS
I. Acceptance of this Waterways License shall constitute an agreement by the Licensee to confonn with all tenns 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 this 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 tenns 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 tenns 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 final 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 DEP, Division of Water
Pollution Control.
9. This License authorizes structure(s) and/or fill on:
_ 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.
__X__ 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.
l 0. 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.
wwo 1-0000461 Page 4
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 I 5 day of -:S~uOvr~ in the year "Z.D Z...S.
~ Program Chief
Department of Environmental Protection
Commissioner \.ffiJAi-•v
THE COMMONWEALTH OF MASSACHUSETTS
This license is approved in consideration of the payment into the treasury of the Commonwealth by the
said --Matthew and Sarah Fitzsimmons --
of the further sum of --three hundred seventy-two dollars and zero cents ($372.00) --
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.
I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO
THE RULES AND REGULATIONS OF THE REGISTERS OF
DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS.
LEGEND
NAME
ORDINARY HIGH WATER (OHW, EL. 6.0' NAVD88)
HISTORIC HIGH WATER (HHW, EL. 7.2' NAVD88)
EXISTING CONTOURS
PROPERTY LINE
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SHEET 1 OF 4 . 24-WW01-0109-APP
AUGUST 15, 2024
PREPARED BY SHOREFRONT CONSUL TING, DENNIS, MA
AND DOWN CAPE ENGINEERING, INC., YARMOUTH, MA
PLAN ACCOMPANYING PETITION OF MATTHEW AND SARAH
FITZSIMMONS TO LICENSE AND MAINTAIN A SEASONAL
DOCK WITHIN THE WATERS OF LONG POND AT 14 ROADS
END, YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETTS
ICENSE PLAN NO, \NWD\ -OOOOYlol
I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO
THE RULES AND REGULATIONS OF THE REGISTERS OF
DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS.
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PREPARED BY SHOREFRONT CONSUL TING, DENNIS, MA
AND DOWN CAPE ENGINEERING, INC., YARMOUTH, MA
PLAN ACCOMPANYING PETITION OF MATTHEW AND SARAH
FITZSIMMONS TO LICENSE AND MAINTAIN A SEASONAL
DOCK WITHIN THE WATERS OF LONG POND AT 14 ROADS
END, YARMOUTH , BARNSTABLE COUNTY, MASSACHUSETTS
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SHEET 2 OF 4
AUGUST 15, 2024
DATE
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PREPARED BY SHOREFRONT CONSULTING, DENNIS, MA
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LICENSE PLAN NO. WW()\ .. bDOOY ll l
PLAN ACCOMPANYING PETITION OF MATTHEW AND SARAH
FITZSIMMONS TO LICENSE AND MAINTAIN A SEASONAL
DOCK WITHIN THE WATERS OF LONG POND AT 14 ROADS
END , YARMOUTH , BARNSTABLE COUNTY, MASSACHUSETTS
Approved by Department of Erivlronmental Protection
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NAME
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SCALE: 1 "= 4'
PREPARED BY SHOREFRONT CONSUL TING, DENNIS, MA
AND DOWN CAPE ENGINEERING, INC., YARMOUTH, MA
PLAN ACCOMPANYING PETITION OF MATTHEW AND SARAH
FITZSIMMONS TO LICENSE AND MAINTAIN A SEASONAL
DOCK WITHIN THE WATERS OF LONG POND AT 14 ROADS
END, YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETTS
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SCALE: 1/4"=1'
DOCK SECTION DETAILS
SHEET 4 OF 4
AUGUST 15, 2024
LICENSE PLAN NO. \µ \).)l)\ -DOOO L\ lo l
Approved by Department of Environmental Protection
Date: :S-oovM"'l1 ls-, '2-0-Z..S-