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HomeMy WebLinkAboutch 91 lisenceCommonwealth of Massachusetts _M1 xecutive Office of Energy & Environmental Affairs Department of Environmental Protection v m JU ukv Robert and Ann F. Childs c/o Cape Cod Engineering Attn: Robert M. Perry, P.E. PO Box 1517 East Dennis, MA 02641 LAN Waterways License Application No. 24-WWOI-0160-APP, License No. WWOl-0000521 E`Wbert and Ann F. Childs, Bass River, 154 South Street, Yarmouth Dear Sir or Madam,, 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 of recorded 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 htt-os:He-place.eea.mass. aov/citizenaccess and entering the recording information. Instructions for entering recording information may be found at: https-://www.mass.gov/doc/eplace-waterwgys-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 Melixza Esenyie at 617-626-1282. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Page 2 Waterways License Application No. 24-WW01-0160-APP, License No. WWOI-0000521 11kobert and Ann F. Childs, Bass River, 154 South Street, Yarmouth REQUEST CERTIFICATE OF COMPLIANCE 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. 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, § I OA, 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.m 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 02347 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 Page 3 Waterways License Application No. 24-WW0I-0160-APP, License No. WWO1-0000521 Robert and Ann F. Childs, Bass River, 154 out Street, 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? 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 Vin Manfredi of the Waterways Program, (857) 283-5901 or vin.manfredi@mass.gov, if you have any questions pertaining to the Chapter 91 License. cc: -w/enc. Daniel J. Padien., Waterways Program Chief, DEP Boston Office of Coastal Zone Management Yarmouth Harbormaster Yarmouth Conservation Commission Robert and Ann F. Childs -% bz r--q nQ 4-J 4-J 4-J ;-4 u o C) o � cn 4-J � � 0 o o (a) 4-J � cn .,..q CU u 4-J $:4 CU 4-J C-4 Ct v • � 4-J ct 4--J 4-J U 4-� cn q) O ct �-' V 4U ct C) lc� ct ct a 4-J a) Lr-) cn C) 4-J ct CL ct•P-4U cu j :z cLS Lr) 4--J ct C) QM C) C� 4-J 4-J V) 4-J ct C�s u ct P-4 -(Z$ 4-J cu 4-J cz u m 4-J w Ct .� > a) cz a) cn cz V) V) V V*) W Fiji, rFF I r1g, I, No. WW01-0000521 of -- Yarmouth -- in the County of -- Barnstable -- and Commonwealth aforesaid, have applied to the Department of Environmental Protection for license to -- reconstruct, and maintain an existing pier, ramp and float and add a float with additional ramp and to maintain an existimy, marine wall and stone groins and have submitted plans of the same; and whereas due notice of said application, aink]. Of 'I..h%e44fflLX%e.' f1void thoroA XJ.ZV%W1%A LIXL%./J- %.'%J . 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 -- Robert Childs and Ann F. Childs --, 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 -- reconstruct, and maintain an existing pier, ramp and float and add a float with additional ramp and to maintain an existing marine wall and stone groins -- in and over the waters of the --Bass River at -- 154 South Street in the -- Town ofYarmouth -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. WWO 1 -0000521 (3 sheets). WWO 1 -00002"521 Noe The structures hereby authorized shall be limited to the following use(s): noncommercial docking and boating access to navigable waters and shoreline stabilization for protection of existing structures. This license will expire thirty (_3 )0) years from the date of license issuance. By written request of the licensee for an amendment. the Department may errant a renewal for the term of years not to exceed that authorized in the original license. This license supersedes Department of Public Works License No. 1230, issued on 11/18/193 )0, to Allan L. Priddy. Special Waterways Conditions: 1. 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 at each propert-�,,, line, adjacent to the mean high 4= I lt� I Z= water shoreline. Said signs, designed in accordance with the signaggre specifications provided by the Department, attached hereto, shall be posted immediately upon the 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. 2. In rights rig partial compensation for use of structures on tidelands of the Commonwealth, which interferes with the p Zn 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. This condition shall not be construed to prevent the Licensee from taking reasonable measures to discourage unlawful activities by users of the area(s) 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. c.2 1, s. 17c apply. 3. No dredging (including, but not limited to the effects of prop wash) is permitted herein. 4. The use of unencapsulated polystyrene as part of any permanent or temporary component of the structures and/or fill authorized herein is prohibited. 5. 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 (3 0) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. 6. 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 CNM 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. 7. Berthing at the pier authorized herein shall be limited, at any one time,, to nine or fewer vessels and shall be utilized exclusively by the Licensee, the land owner and by holder(s) of an access easement right in the said area within -which the structure is located. The use of the pier by the Licensee, the land owner or any such easement holder(s) shall be subject to the terms and provisions hereof. Duplicate of said plan, number WW0I-0000521 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 -00005),,2) 1 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Watenvays 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 L-1 the provisions hereof shall be secured by the Licensee riot to the commencement of any activity or use authorized pursuant to this License. 3. Anv change in use or anv 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 chancre 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. Z) 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, 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 MassDEP. 9. This License authorizes structure(s) 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. 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. W W 0 1 - 0 0 0 05) 21 Page 4 The amount of tide -water displaced by the work hereby authorized has been ascertained by said Department., and compensation thereof has been made by the said -- Robert Childs and Ann F. I Childs -- by paying into the Treasury of the Commonwealth -- two dollars and zero cents ($ 2.00) -- for each cubic yard so'displaced, being the amount hereby assessed by said Department. (32 cy = $ 64.00) 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 -I 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 $3 Hday of ic, in the year two thousand twenty-five. this Program Chief Department of Environmental Protection Commissioner THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by -the said -- Robert Childs and Ann F. Childs of the ftirther sum of -- one thousand nine hundred eighty-nine dollars and zero cents ($1.989.00) -- the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. Approved by the Governor. mxlm�, Gove or V x5 MAP 34 PARCEL 296 UAN1t.L FKANUHI ��// f -%, U 35 TODD ST. IQ RUBBLE HAMDEN, CT Q> STONE GROIN 06518 0.0%6 I hereby certify that this plan was prepared in conformance with the Rules and Regulations of the Registry's of Deeds as adopted Jan. 1, 1976 and amended Jan. 8, 1988. —2- Date JOSEPH GILMORE 4 DORSETT DR. N EAST WALPOLE, MA 02032 MAP 34 PARCEL 292.2 LOCUS - LCP 13236A OX9 CTF# 181131 cy a pQ' -Ox6 80 YARMOUTH, MA ROUTE 28 I NANTUCKET SOUND 00 04' RUBBLE STONE GROINS '� 4 1TO BE LICENSED Lo '00 �zj (,6 4 TOTAL VOL 32 C. Y. I 1.0 5I -� 'Iz�� ' WIDE -(Z > / STAIRS �`',- i' %� r -flOFF PILINGS �, I 1pF / / / o {TYP. ) FPS ,��� f / / )1b Y C . �iry� T�'� � r / Tp , CT� l LANDING FOR 23o To kAppED PROP. 5'Wx12'L/ ,,,co CNAIVN FLOAT W/ /2/' EL RAMP 0 1+ 00 Q NOTES - WALL, PILE SUPPORTED PIER, PLATFORM, 1. ELEVATIONS REFER TO NAVD88 DATUM RAMPS, PILE ANCHORED FLOATS AND TIE —OFF 2. DEP FILE # SE83-2421, DEP FILE # SE83-20329 PILINGS IN BASS RIVER AT 154 SOUTH STREET, SE83-884 SOUTH YARMOUTH, MA 3. DPW LIC. NO. 1230 APRIL 11 1 2024 PLAN TO ACCOMPANY PE111ION OF ROBERT CHILDS AND ANN F. CHILDS TO MODIFY AND MAINTAIN AN EXIS11NG MARINE WALL, PILE -SUPPORTED PIER, PLATFORM, t RAMPS, PILE ANCHORED FLOATS AND TIE -OFF PILINGS IN BASS SOUTH YARMOUTH, MA a c° x r i Y� C "" e APRIL 11 2024 PREPARED BY 1' Ii ENGINEERING., INC. P.O.ROBERT M. PERRY, PE BOX 1517 EAST DENNIS, 0i i 44 BASS RIVER END , PIER /► k • r i • ti +y • _..� • • LLJ • 1 LLJ • • 0 M C) < -ve •• • LLJ 1' �i • - •. 'p. . •CD Lj now I �a � r PATIO 1 P • A rt �,CD � 4- CD IT - CD N r_ CD CD CD C W �I Y C I O CD C> 4- 40 9 M LICENSE PLAN NO, WW 01 4w Approved by Department of s • • Date: E 2"x4" w/ 2 1) x6" RAIL CAP \ 4 x4 RAIL POST ■ M It -1) X0 %11=91110 STRINGERS ALL BOLTS 3 x "I 1 5/812 DIA. BRA • 10" DIA. PILING .TYPICAL PIER FRAME DETAILS (NO SCALE) 2"x4" w/ 2"x6" RAIL CAP DECKING (DECKING EL 6.5 (3) 3"x8" STRINGERS F5 i 3 x8" SPLIT CAP 12 PILING MIN. 12' EMBEDMENT PLAN WEW (NO SCALE) 3 1) x1 0" SPLIT CAP GIRDER, 2" MAX. DECK PLANK NOSING 3 1) x10" SPLIT CAP CONTINUOUS—BOL' PLAN TO ACCOMPANY PE1111ON OF _'_mx'013ERT CHILDS AND ANN F. CHILDS TO MODIFY AND MAINTAIN AN EXISTING MARINE WALL, PILE -SUPPORTED PIER, PLATFORM, RAMPS, PILE ANCHORED FLOATS AND TIE -OFF PILINGS IN BASS RIVER AT 154 SOUTH STREET, SOUTH YARMOUTH, MA APRIL 11 2024 PREPARED BY CAPE COD ENGINEERING., INC. ROBERT M. PERRY, PE P.O. BOX 1517 EAST DENNIS, MA 02641 508-385-1445 SHEET 3 OF 3 its]► • i. LICENSE PLAN NO, Ww 01 or 0000 sit Approved by Department of Environmental! Protection .0i Date: 0 d1i