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HomeMy WebLinkAboutrecorded license WW01-0000467 and plansPu 19 p6B5-37 Deed Bock 36033, pg 295 Bil F&FPE Falds ERTS 01-23-2025 8 02:SSp The Commontoealth of Massachusetts No.WW01-0000467 Whereas,The Shawceross Family Trust,Alan and Julie Shawcross,Trustees of --Phoenix --in the State of --Arizona,have applied to the Department of Environmental Protection for license to --construct and maintain a seasonal dock -- and have submitted plans of the same;and whereas due notice of said application,and-efthe timeand place fixed fora 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 --The Shawcross Family Trust,Alan and Julie Shawcross,Trustees --,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 --construct and maintain a seasonal dock -- in and over the waters of --Long Pond --at --60 Ice House Road --in the --Town of Yarmouth --and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No.WW01-0000467 (3 sheets). 4 Bk 36792 Pgl95 #2954 License No.WW01-0000467 Page 2 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 of M.G.L.¢.21,s.17¢shall apply. 2.In accordance with any license condition,easement,or other public right of lateral 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 northerly and southerly 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.No dredging (including,but not limited to the effects of prop wash)is permitted herein. 4.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. 5.No in-water,silt producing activities shall occur from March 15%to June 30%of any year to protect sensitive life stages of diadromous species,including alewife (dlosa pseudoharengus),blueback herring (4losa aestivalis)and American eel (Anguilla rostrata). 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 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 WW01-0000467 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. Bk 36792 Pgl96 #2954 License No.WW01-0000467 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 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 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 final Order of Conditions issued pursuant to the Wetlands Protection Act,G.L.Chapter 131,5.40. 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: __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. 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 structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. Bk 36792 Pgl97 #2954 —for each cubic yard so displaced,being the amount 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 handsthis 15 day of Sam vary inthe year 7.02.5. \Program Chief Commissioner ATI, Department of Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said --The Shawcross Family Trust,Alan and Julie Shawcross,Trustees -- of the further sum of --four hundred two dollars and zero cents ($402.00)-- the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. BOSTON, Approved by the Governor.yd Govgrnor BARNSTABLE REGISTRY OF DEEDS John F.Meade,Register 709 ~ 3s 709-35 |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. LEGEND ORDINARY HIGH WATER (HHW,EL.6.0'NAVD88) ———=ee ww HISTORIC HIGH WATER (HHW,EL.7.2'NAVDS&8) ———————EXISTING CONTOURS in PROPERTY LINE PROJECT SITE DOCK LIES WITHIN ZONE X,PER FIRM PANEL #250001C0587J,DATED 7/16/2014 LOCUS MAP SCALE: 1"=1,000 0 x30’PROPOSED 4'x30°SEASONAL DOCK LEE BONE PROPOSED PUBLIC ACCESS STEPS (A GREAT POND) OHW =EL.6.0’) HHW =EL.7.2So PROJECT SITE NF NORMAN &LISAMACLEAN 70 ICEHOUSE ROAD S.YARMOUTH,MA 02664 >~~ THE SHAWCROSS FAMILY TRUST ~~, ALAN J.&JULIE T.SHAWCROSS,$TRUSTEES {Ga5809WESTROWELRD.$85 PHOENIX,AZ 85083 )£84 MAP 58,PARCEL 136 EY £& DEED BOOK 36093,PAGE 295 OS PLAN BOOK 118,PAGE 141 / —— rl 1 J N/F ICE HOUSE RD.ASSOC.INC—C/0 PHILLIPS32ICEHOUSERD S.YARMOUTH,MA 02664050NmEXISTINGCONDITIONS SCALE IN FEET “+SHEET 1 OF 3 NASavolidat-JANUARY 26,2024 DATUM FOR ALL ELEVATIONS Navoes I PLAN PREPARED BY SHOREFRONT CONSULTING,DENNIS,~~|"LICENSE PLAN NO._WWol.0060 de +: MA AND DOWN CAPE ENGINEERING,INC,YARMOUTH “|Approved by Department of Environmental Protection PLAN ACCOMPANYING PETITION OF THE SHAWCROSS of Massachuse FAMILY TRUST,ALAN AND JULIE SHAWCROSS,TRUSTEES, TO CONSTRUCT AND MAINTAIN A SEASONAL DOCK WITHIN SON THE WATERS OF LONG POND AT 60 ICE HOUSE ROAD,= YARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS onveury 165,2025 709-~3¢ |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO AMD p f CElven£3R THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. DANIEL AOJALA »NO.40980& reser NAME /09- 3¢ 1"=1,000"Pp The DISTANCE TO OPPOSITE SHORE =280'% DISTAN JO NEAREST STRUCTURE UNKNOWN LONG POND a (A GREAT POND)N SANG)PROPOSED 4x30 ~~ SEASONAN DOCK ~ AOXZL)©DISTANCE TO NEAREST RY \V4 STRUCTURE UNKNOWN S\N@ re Pr 9~~.ND wiLLOW HISTORIC HIGH WATER (HHW)EL.=7.2’ SN SQ % EN 20 EXISTING PIER AND FLOATS010 I SHEET 20F 3 SCALE IN FEET JANUARY 26,2024 DATUM FOR ALL ELEVATIONS =NAVDSSSCALE:1"=10’ PLAN PREPARED BY SHOREFRONT CONSULTING,DENNIS, A,AND DOWN CAPE ENGINE ,INC,YARMOUTH,yl APE FRING,INC TH MA LICENSE PLAN NO.WoL -0000¢{(, Approved by Department of Environmental Protection Date:Sanvary |S,2025PLANACCOMPANYINGPETITIONOFTHESHAWCROSS FAMILY TRUST,ALAN AND JULIE SHAWCROSS,TRUSTEES, TO CONSTRUCT AND MAINTAIN A SEASONAL DOCK WITHIN THE WATERS OF LONG POND AT 60 ICE HOUSE ROAD, YARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS Daun RECORDED 1% RECE1Y 7 09-37 |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. F P =§ |Ld Ler LY DATE 10’ 2"x6"DECKING 2"¢ALUM.SUPPORT POLES 1 P |2"x6"DECKING, JL f i] |ALUMINUM FRAME rey” 12”WIDE GROUND10'pd SUPPORTS (TYP) DOCK SECTION PLAN VIEW DOCK ELEVATION DETAIL SCALE:1/4"=1’SCALE:1/4"=1" [=]PROPOSED (3)4x10’FIXED SECTIONS / E=~—pusLic Access steps DOCK PLAN VIEW01020 nM SCALE IN FEET SCALE:1"=10' ||BEACH LAND UNDER GREAT POND |~~o~=DOCK EXTENDS QD (BUFFER ZONE)Oo,28't’BEYOND OHW | ~~EZ HISTORIC HIGH WATER (HHW) |_EX.LANDING AND STAIRS ,|&LEVEL =7.2°NAVD88 \202 'lo ORDINARY HIGH WATER (OHW),20_Z LEVEL =6.0'NAVDSS | B=Z PROPOSED 4'x10'PORTABLE DOC i. —ul SEUTHUNS {5 TUTAL 30"UVERALL)lliNx9DECKHEIGHT=7.8'+\J \10 =10 —|e—Aa— |\ —PUBLIC ACCESS STEPS EXISTING |—0 GRADE 002550 DOCK SECTION DETAILS SECTION A—A ELEVATION SHEET 30OF 3 0 10 20JANUARY26,2024 PLAN PREPARED BY SHOREFRONT CONSULTING,DENNIS,SCALE IN FEET MA,AND DOWN CAPE ENGINEERING,ING,YARMOUTH,MA SCALE:1"=10' PLAN ACCOMPANYING PETITION OF THE SHAWCROSS DATUM FOR ALL ELEVATIONS =NAVD8S FAMILY TRUST,ALAN AND JULIE SHAWCROSS,TRUSTEES, TO CONSTRUCT AND MAINTAIN A SEASONAL DOCK WITHIN LCENSE PLAN No.Ww ol -ooo,FTHEWATERSOFLONGPONDAT60ICEHOUSEROAD,Approved by Department of Environmental ProtectionYARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS Date:Sownvery 1S,2025