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HomeMy WebLinkAboutrecorded license WW01-000461 and plansBr. 109 ~ PG UY-4 Deed Bek 31743 pg 235 Bk I&TFTFE PaO E2PLE 01-22-2025 &02:5S5e The Commontwealth of Massachusetts No.WW01-0000461 Whereas,Matthew and Sarah F itzsimmons of --Yarmouth --in the County of --Barnstable --and Commonwealth aforesaid,have applied to theDepartmentofEnvironmentalProtectionforlicenseto--maintain a seasonal dock -- and have submitted plans of the same;and whereas due notice of said application,and-of the time-andt,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 consideredsaidapplication,hereby,subject to the approval of the Governor,authorizes and licenses the said --Maithew and Sarah Fitzsimmons —,subject to the provisions of the ninety-first chapter of theGeneralLaws,and of all laws which are or may be in force applicable thereto,to --maintain a seasonaldock-- in and over the waters of --Long Pond --at --14 Roads End --in the --Town of Yarmouth --and inaccordancewiththelocationsshownanddetailsindicatedontheaccompanyingDEPLicensePlanNo.WW01-0000461 (4 sheets). Bk 36792 Pg203 #2956 WW01-0000461 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 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 WW01-0000461 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. Bk 36792 Pg204 #2956 WW01-0000461 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 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. 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 amy gates,fences,or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. e $2 --Ty pipaying 2 info the =Tor each cubic yard so o displaced,being the amount hereby 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 |S dayof Sanvowry inthe year 2029, le Program Chief . Commissioner ely DIVE 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 --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. cn Governor BARNSTABLE REGISTRY OF DEEDS John F.Meade,Register 709 -yy |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. [a=][TER&|2 |& 8 jE =fewllBE]$1514 81g DATE LEGEND ORDINARY HIGH WATER (OHW,EL.6.0'NAVDSS)———~~w=HISTORIC HIGH WATER (HHW,EL.7.2’NAVDES) EXISTING CONTOURSR-PROPERTY LINE PROJECT SITE DOCK LIES WITHIN ZONE X,PER FIRM K PANEL #250001C0587J,DATED 7/16/2014 A bdrdSo ——LOCUS MAP SCALE:<©&S DRIVEWAY 1"=1,000 2 PAVED 5DRIEVWAYR N/FLEEANN&THOMASOCONNOR 2 JEFFEREY ROAD HOPEWELL JUNCTION,NY 12533 yd ’ Ri ]ie 709 ~«¢ N/F JEFFREY &JO ANN GABRIELS 299 ELLIOT ROAD EAST GREENBUSH,NY 02161 0 30mm (10%ease)"0—HoEwsep)TTT E SCALE IN FEET PROJECT gi i ASCALE:1"=:30'~~i “~_LONG POND I A GREAT PONDTe __A he— EXISTING AND PROPOSED CONDITIONS SHEET 1 OF 4 TEPS TO BE WITH GRANITE .24-WW01-0109-APP LICENSE PLAN NO.WIND]- Approved by Department of Environmental Protection of AUGUST 15,2024 PREPARED BY SHOREFRONT CONSULTING,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 |DSenvary 15,2025 77 709-45 oo End == [> od oN 2 -=~§-15-24 =DATE LD = |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. RECEIVED AND RECORDED 709 -y5 PROPOSED EL.7.2PACCESSSrepeiCl (To Be rei ca Dock : LICENSED)Dano EX.(3)STEPS TO BE|REPLACED WITH GRANITE |Noa =EL.6.0 No License Found T— ——No License Found LONG POND TTTree—— A GREAT POND 4 0 10 20 A SCALE IN FEET - SCALE:1"=10' PROPOSED CONDITIONS PREPARED BY SHOREFRONT CONSULTING,DENNIS,MA SHEET 2 OF 4 AND DOWN CAPE ENGINEERING,INC.,YARMOUTH,MA AUGUST 15,2024 PLAN ACCOMPANYING PETITION OF MATTHEW AND SARAH : FITZSIMMONS TO LICENSE AND MAINTAIN A SEASONAL LICENSE PLAN NO.Wb!=O000U lo! DOCK WITHIN THE WATERS OF LONG POND AT 14 ROADS Approved by Department of Environmental Protection END,YARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS Date:Samuany 15,2025 ESET IS a | CORDED A480 RE ven oi} CEW RE 709 - «¢ 709-46 =} DOCK SECTION DETAILS SHEET 30F 4 AUGUST 15,2024 PREPARED BY SHOREFRONT CONSULTING,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 |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. koCr &MER dd hd posed=DATE 03= o bY ©booed I [7]g &$£8 sud iIeIg2)=>3 Z 2Sr>>[e)9 =Eg E8HwyZzIo<a <~N 020 ps =05 ol&5 i i©=2 wdSTg== ixO ~~@=—]3 xa&~~[o)5|0B =a T 1 3~2 NN |E_|28 a£3 ay}5 -=2 TNwi585d Slage]<FOE =[=22 ud Sogn le « ES way OExO[m}<<5 ~.Gd >=Z QZ =ta CS ws ux Lud p=x mM >DnlTs -~win©bh Qagvg of Lg wiOHom29FT0=a SHE n ~N EEN[e2]>£0 LJ ==u&N 8 oo owS 8)<C w=nn 9 iy |a<a <<OoO<ow =” 1 HOVAE 40 of Ll 2n SLIAMONYMHO+Li 19 =©a485 035A oxi =DANIEL A,z z QUALA5ScviLZzMNVEONVINI40}1d04 No.46502 °c TT LICENSE PLAN No,\WW b1~00D LeApprovedbyDepartmentofErivironmentalProtection: Date:Sapvonry 15,2025 709 -y Lg .. RECEIVED AND RECORDED 075 JAH 22 PH 2 |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. 209 ~~ PROPOSED (4)FIXED SECTIONS; 44 FEET TOTAL 4'x10’4'x12'4'x12'4x10’ d T AN PUBLIC ACCESS STEPS DOCK SECTION A-A 0 10 20mn SCALE IN FEET SCALE:1"=10' 1 10' 2"x6"DECKING f 2"ALUM.SUPPORT POLES 1 2'%6"DeckG |ALUMINUM FRAME am” 12"WIDE GROUND10'i|a SUPPORTS (TYP)NC DOCK SECTION PLAN VIEW pock SECTION ELEVATION SCALE:1/4"=1"SCALE:1/471 ;0 4 8 OJALA CL SCALE IN FEETMEATJFSCALE:f=a DOCK SECTION DETAILS PREPARED BY SHOREFRONT CONSULTING,DENNIS,MA SHEET 4 OF 4 AND DOWN CAPE ENGINEERING,INC.,YARMOUTH,MA AUGUST 15,2024 PLAN ACCOMPANYING PETITION OF MATTHEW AND SARAH FITZSIMMONS TO LICENSE AND MAINTAIN A SEASONAL LICENSE PLAN No.\WWwbl -6600 4 lol DOCK WITHIN THE WATERS OF LONG POND AT 14 ROADS Approved by Department of Environmental ProtectionEND,YARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS Date:Sonuary 15,2026