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Home My WebLink Aboutchapter 91 lisenceCommonwealth of Massachusetts Execu tive Office of Energy & Environmental Affairs Department of Environmental Protection Maura T . Healey Governor Kimberley Driscoll Lieutenant Governor F-twl'.lif4 Z i, w ZS- Joseph and Mereditli Zona c/o Shorefront Consulting Attn: Mark Burgess 290 Center Street Dennis Port, MA 02639 RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Waterways License Application No. 24-WW0l-0111-APP, License No . WW0l-0000531 Joseph and Meredith Zona, Bass River, 39 Seth Lane, 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 Regi stration 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 Authoriz ation 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. Th is 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-0111-APP, License No. WW0l-0000531 Joseph and Meredith Zona, Bass River, 39 Seth Lane, 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, § lOA, 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 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 Waterways License Application No. 24-WW0l-0111-APP, License No. WW0l-0000531 Joseph and Meredith Zona, Bass River, 39 Seth Lane, 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 Waterways Program, christine.koczera@mass.gov or (857) 268-6653 , if you have any questions pertaining to the Chapter 91 License. Sincerely, ~C .«~ Brendan C. Mullaney Section Chief 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 Joseph and Meredith Zona SIGNAGE SPECIFICATIONS -MassDEP Waterways Regulation Program (Updated September 20, 2012) • Signs shall utilize durable materials and methods of construction and maintained in good condition. • Signs shall be a minimum of S" x 10" (or 50 square inches) in size. Letter height shall be a minimum of½". • The MassDEP Chapter 91 License number shall be displayed on all signs (as applicable). • Each sign shall indicate that public passage is allowed for on-foot lateral access along the shoreline for the purpose of fishing, fowling, navigation and strolling. • Signs shall be posted on both sides of the pier or structure, at the mean high water shoreline, or as directed by the Chapter 91 License (see Special Waterways Conditions, Page #2 or Page #3 for Simplified Licenses). An example of an acceptable sign is provided below. FOR Mass DEP M.G.L. Ch. 91 LICENSE # WW01- 0000531 ---------- \!Cbe QCommonwealtb of :fffilassacbusetts No. WWOl-0000531 Wberea~, Joseph and Meredith Zona of --Arlington --in the County of --Middlesex --and Commonwealth aforesaid, have applied to the Department of Environmental Protection for license to --amend DEP License No. 4145 to remove an existing stone bulkhead, maintain two existing groins, and perform beach nourishment -- 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 --Joseph and Meredith Zona--, 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 --amend DEP License No. 4145 to remove an existing stone bulkhead, maintain two existing groins, and perform beach nourishment -- in and over the waters of the --Bass River --at --39 Seth Lane --in the --Town of Yarmouth--and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. WW0l-0000531 (3 sheets). WW0l-0000531 Page 2 The structures hereby authorized shall be limited to the following use(s): shoreline stabilization for the protection of existing structures and private 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. Existing structures and/or uses previously authorized under DEP License No. 4145 issued to Eino A. & Barbara Maki on November 18, 1994, shall be maintained in accordance with the terms and conditions of said license and plan, or as amended herein. 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 and/or around all structures within such intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, public access signs at each property line, adjacent to the mean high-water shoreline. Said signs, designed in accordance with the signage 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 partial compensation for use of structures on tidelands of the Commonwealth, 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. 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.21, s.17c apply. 3. No dredging (including, but not limited to the effects of prop wash) is permitted herein. 4. This License authorizes bulkhead removal and groin maintenance to occur exclusively within the Licensee's property limits. Any removal or maintenance activity for portions that extend off property shall require Department authorization 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 (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. WW0l-0000531 Page 3 Special Waterways Conditions (continued): 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 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. Special Beach Nourishment Conditions: 1. Up to 35 cubic yards of clean compatible sand may be placed for the purpose of beach nourishment. The nourishment material shall be placed and graded in accordance with the location, slope and elevations shown on Permit Plan No. WW0 1-0000531. Periodic replenishment activities may be performed to maintain the approved nourishment footprint. The source of beach nourishment material shall come from an upland site. 2. Beach nourishment source material shall be of compatible grain size to receiving beach. Prior to the commencement of any work a sediment grain size analysis for and source material and the receiving beach shall be submitted to the Department. 3. This Waterways License is issued upon the express condition that the beach nourishment activities shall be performed in strict conformance with the Order of Conditions MassDEP File #:083-2417, issued on March 29, 2024, by the Town of Yarmouth Conservation Commission. 4. Beach nourishment may be performed for a period of five (5) years subsequent to the date of issuance. Future beach nourishment shall require a permit in accordance with 310 CMR 9.05 (2). 5. All subsequent nourishment activities, including transportation and storage of nourishment material, shall conform to all standards and conditions applied to the original operations performed under this License. 6. In accordance with the DMF recommendations to minimize environmental adverse impacts, the Licensee shall be required (as applicable) to ensure: • Any nourishment be consistent with MassDEP's Beach Nourishment Guide. Beach nourishment fill material must be of appropriate slope to avoid premature loss from beach and impacts to nearshore bottom habitat. • Nourishment shall not take place below the mean low water line. • Beach nourishment equipment should be staged upland of internal habitat to minimize impacts and avoid compaction of sediment in mapped shellfish habitat. Please see page 4 for additional conditions to this license. Duplicate of said plan, number WW0]-0000531 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. WW0l-0000531 Page 4 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, 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. WW0l -0000531 Page 5 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 --Joseph and Meredith Zona --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. (0 cy = $ 0.00) 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 from the date hereof, in the Registry of Deeds for the Cotmty of Barnstable. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this Z.C/,~day of f.e'eruCl.l"l-\ in the year two thousand twenty-five. ~ 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 --Joseph and Meredith Zona -- of the further sum of --zero dollars and zero cents ($0.00) 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 -------HISTORIC HIGH WATER EAN/ORDINARY HIGH WATER (MHW, EL 1.5' NAV088) • • • • • • • • • • • • • MEAN/ORDINARY LOW WATER (MLW, EL. -2' NAV088) ---------EXISTING CONTOU S ----•lt--PROPERTY LI E -------P OJECT SITE LOCUS IS VVITHIN FLOOD ZONES AE (EL=10'AND 12') AND ZON X PER FIRM MAP 25001C059 1J PRIOR CHAPTER 91 AUTHORIZATIONS AUTHORIZATION ISSUING AGENCY DATE LIC . 4145 DEP NOVEMBER 18, 1994 N/r MAP 61 PARCEL 49 ~LL C le QtRISTOPHER S LARSEN Sl-ff/o MAP 61, PARCEL 53 JOSEPH J. AND MEREDln-t S. ZONA 1 ANDREWS WAY, ARLINGTON, MA 02474 DEED BOOK 33098. PAGE 218 PLAN BOOK 40, PAGE 41 GRAVEL DRIVE NO LICENSE FOUN I EXISTI CONDITION SHEET 1 OF3 AUGUST 19, 2024 DATE LOCUS MAP SCALE : 1" = 3 000' -8 PROJECT SITE 0 40 PLAN PREPARED BY SHOREFRONT CONSUL TING , DENNIS, MA AND DOWN CAPE E~INEERING, YARMOUTH , MA -- ----SCALE IN FEET SCALE : 1•= 40' PLAN ACCOMPANYING PETITION OF JOSEPH AND MEREDITH ZONA, TO AMEND DEP LICENSE NO. 4145 TO REMOVE AN EXISTING STONE BULKHEAD, MAINTAIN 1WO EXISTING GROIN , AND TO PERFORM BEACH NOURISHMENT VVITHIN FLOY.ED TIDELANDS OF BASS RIVER , AT 39 SETH LANE , YARMOUTH , BARNSTABLE COUNTY, MASSACHUSETTS DATUMF I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS . PROPOSED CUT NOURISHMENT AREA = 4, 728± SQ. FT. v 122± '1lS ~ REMOVE ENTIRE f? CONCRETE WALL ~ AND FRONTI G STONE ® -'1 • • REMOVE C~ETE CAP AND RtPLACE WITH STONE REMOVE CONCRETE CAP AND REPLACE WITH STONE -l • • -6 DATE 0 20 40 ··-- ----EXISTING A D PROPOSED CONDITIONS SHEET 2 OF 3 ~ , r""\ • AUGUST 19, 2024 __!_--.,~ l. ~-SCALE IN FEET SCALE : 1•==20 PLAN ACCOMPANYING PETITION OF JOSEPH AND MEREDITH ZONA, TO AMEND DEP LICENSE NO. 4145 TO REMOVE AN EXISTING STONE BULKHEAD, MAINTAIN TVYO EXISTING GROINS, AND TO PERFORM BEACH NOURISHMENT \MTHIN FLOWED TIDELANDS OF BASS RIVER, AT 39 SETH LANE, YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETTS 'S" .. \ °' .. ,., "\ DATUM FOR ALL ELEVATIONS== NAVD88 LICENSE PLAN NO. ~'Pt)\ ., 0000 5 ~ \ App roved by Department of Environmental Protectton Date: <!> 2..{ z..,a /zo2,,o 0 -10 ~---P,':· 0 \ ' I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS . NAM DATE LSCSf -----•t•---COASTAL BEACH 10 20 TOP OF COASTAL BAN ----1 • 1~ LAND UNDER OCEAN - RVE • 18:i: SQ. FT. • 63:i: . i: CU. YDS REMOVE EN11 COHCRETE STONE: REGRADE LANO BEACH SLOPE ANGLE ~ AND FRONTING TO PROVIDE 10: 1 EXISTING LICENSED GROINS HEIGHT VARIES • . FT. 63¼ FT. • 30:t CU. YOS. 25 50 ECTION A-A ELEVA noN· EX/SnNG AND PROPOSED CO,,,STAL • 1 • BANK COASTAL BEACH -----•t-i• LANO UNDER OCEAN- ~ 75 10 -----------------------.....------------, ~-10\•1'~ 0 0 0 10 20 -- ---- -t 25 i" 50 75 NOURISHMENT AREA U DER CURVE • 8.4::1: SQ. FT. LENGTH OF NOURISHMENT AREA • 17:i: FT. VOLUME OF NOURISHMENT AREA • 5::1: CU. YOS. SCALE IN FEET SCALE: 1"=10' SECTION 8-8 ELEVATION: NOURISHMENT ONLY REMOVE CONCRETE CAP AND REPLACE TH STONES TO MATCH EXISTING HEIGHT PLACE FILTER FABRIC ON LANDWARD SIDE OF GROIN!t---__,;::a.._M UPLAND OF BEACH AREA TOP OF STONES (VARIES ~....:::~----FROM EL3'± TO EL -3'± ----MHW = 1.5' 0 5 SCALE: 1'=5' SECTION ELEVATION DETAL SHEET30F3 AUGUST 19, 2024 SECnON C-C PROFILE 10 PLAN ACCOMPANYING PETITION OF JOSEPH AND MEREDITH ZONA, TO AME D DEP LICENSE NO. -11-15 TO REMOVE AN EXISTING DATUM FOR ALL ELEVATIONS= NAVD88 STONE BULKHEAD, MAINTAIN TVYO EXISTING GROINS, AND TO PERFORM BEACH NOU ISHMENT VVITHIN FLOWED TIDELANDS OF BASS RIVER, AT 39 SETH LANE, YARMOUTH, BARNSTABLE COUNTY, MASSACHU ETTS LICE NSE PLAN NO. \>-1\µOl-0000S~ \ Approv ed by Department of Environmental Protectton Dat e: ~ -z_/ z_ 1 ( U> l.6