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HomeMy WebLinkAboutch 91 recordedeR 2/8 J Plan hook Lo 3 13-15 Deed Rod. 23098, Py Bl I&BST FPs250 FETBSAa.|DEF-DS-2025 2 0ZE7e The Commontvealth of Massachusetts No.WW01-0000531 Whereas,Joseph and Meredith Zona of =Arlington --in the County of --Middlesex --arid Commonwealth aforesaid,have applied to theDeparirnentofEnvironmentalProtectionforlicenseto.--amend DEP License No.4145 to remove anexistingstonebulkhead,maintain two existing groins,and perform beach nourishment -= and have submitted -plans of the same;and whereas due notice of said application;and-efthe time andplace-fixed for a-hearing thereon,has been given,as required by law,to the --Select Boatd 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 ==Joseph and Meredith Zona --,subject to the provisions of the ninety=first chapter of the GeneralLaws,and of all laws which are or may be in force applicable thereto,to --amend DEP Licénse No.4145 to remove an existing stone bulkhead,maintain’two existing “groins,and perform beachnourishment-- in and over the waters of the --Bass River -at --39.Seth Lane —in the -Town of Yarmotith --andinaccordancewiththelocationsshownanddetailsindicatedontheaccompanyitigDEPLicensePlanNo:WW01-0000531 (3 sheets).’ Bk 36857 Pg251 #8785 WW01-0000531 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.Tn 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.¢.21,s.17¢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. Bk 36857 Pg252 #8785 WW01-0000531 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.WW01-0000531.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: e 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. e 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 WW01-0000531 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. Bk 36857 Pg253 #8785 WWO01-0000531 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 ofa 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: _X_Private Tidelands.Tn 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 ina manner that would impede or discourage the free flow of pedestrian movement thereon. Bk 36857 Pg253A #8785 WW01-0000531 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 County of Barnstable. IN WITNESS WHEREAS,said Department of Environmental Protection have hereunto set their hands this 7M day of February in the year two thousand twenty-five. Program Chief 20.«0% CO)Department of Environmental Protection{ Commissioner dion 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. Govgrnor BARNSTABLE REGISTRY OF DEEDS {ohn F.Meade,Register *THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK BARNSTABLE REGISTRY OF DEEDS BhJohnF.Meade,Register e-/3 “Ae YAS 0 40 80 SCALE IN FEET LICENSEPLANNO.WW DB\-_060042 SCALE:1"=40 Approved by Department of Environmental Protection |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS, NAME #20-4y3 HISTORIC HIGH WATER MEAN/ORDINARY HIGH WATER (MHW,EL.1.5'NAVDES) town ooo §oe Booman o MEAN/ORDINARY LOW WATER (MLW,EL.-2'NAVDSS) a EXISTING CONTOURS ff PROPERTY LINE PROJECT SITE LOCUS iS WITHIN FLOOD ZONES AE (EL=10'AND 12’)AND ZONE X PER FIRM MAP 25001C0591J PRIOR CHAPTER 91 AUTHORIZATIONS AUTHORIZATION ISSUING AGENCY DATE LIC.4145 DEP NOVEMBER 18,1984 SCALE:1"=3,000’ N/FMAP61PARCEL 49 ALL C &CHRISTOPHER S LARSEN an804,;bi?ABMAP61,PARCEL 53 oy df eer NJOSEPHJ.AND MEREDITH S.ZONA ~~_af 7 k -NO.9655 1 ANDREWS WAY.ARLINGTON,MA ;a 44's ~~.DEED BOOK 33098,PAGE 218~~__PLAN BOOK 40,PAGE 41 MAP 61 PARCL 54 JOSEPH J.AND MEREDITH S.ZONA 1 ANDREWS WAY,ARLINGTON,MA /PROJECT SITE |EXISTING CONDITIONS SHEET 1OF 3 AUGUST 19,2024 PLAN PREPARED BY SHOREFRONT CONSULTING,DENNIS,MA AND DOWN CAPE ENGINEERING,YARMOUTH,MA PLAN ACCOMPANYING PETITION OF JOSEPH AND MEREDITH ZONA, TO AMEND DEP LICENSE NO.4145 TO REMOVE AN EXISTING STONE BULKHEAD,MAINTAIN TWO EXISTING GROINS,AND TO PERFORM BEACH NOURISHMENT WITHIN FLOWED TIDELANDS OF BASS RIVER,AT 38 SETH LANE,YARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS w/{X4 4 |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. i' (] /CC 5ar ABUT pel PIERE073£*LC.No.9655 oy =Cry 7Ra;5 a pn Mars ® To)REMOVE CONCRETEoLOACAPANDREPLACEARYWITHSTONE&2/PROPOSED CUT\Wag ose \&/NOURISHMENT AREA :S/=4728+SQ.FT.154 |of 1224 Yos ) N /S/REMOVE ENTIRE SY /§&/CONCRETE WALL =/AND FRONTING STONE +4 :o_o >| :900'%TO OPPOSITE SHORELINE/0°eg —]// .ir 1® RIS &¥;;// ~2 pa |/ REMOVE CONCRETE / CAP AND.REPLACE Da. WITH STONE /Fo 74 / 0 20 40 EXISTING AND PROPOSED CONDITIONSRlSHEET20F3 SCALE IN FEET AUGUST 19,2024 !SCALE:1'=20 PLAN ACCOMPANYING PETITION OF JOSEPH AND MEREDITH ZONA,i TO AMEND DEP LICENSE NO.4145 TO REMOVE AN EXISTING DATUM FOR ALL ELEVATIONS =NAVDSS STONE BULKHEAD,MAINTAIN TWO.EXISTING GROINS,AND TO i PERFORM BEACH NOURISHMENT WITHIN FLOWED TIDELANDS OF |LICENSEPLANND,\WWOL-6000531 BASS RIVER,AT 39 SETH LANE,YARMOUTH,BARNSTABLE Approved by Department of Environmental Protection COUNTY,MASSACHUSETTS bi:©2./z8 [2025 “210 =! /0-¢S |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. 5 \4 1 DATE LSCSF COASTAL BEACH =LAND UNDER OCEAN ——= 9 10 20 |TOP OF COASTAL BANK 2Pe|mo ores user su ag popeSCALEINFEET;:CATES (ere /BEACH SLOPE ANGLE 10 /REMOVE_CONCRETE CARSEOEy/AND REPLACE WITH STONE J_£NOURISH/TO PROVIDE A 10:1 SLOPE|=EXISTING LICENSED 3 GROINS (HEIGHT VARIES) HH E15 0 ort "SESS TASTY Ca CUT ARE]UNDER CURVE =18%SQ.FT.NOURISHMENT AREA UNDER CURVE =134 SQ.FT, LENGTH DF CUT AREA =63%FT.LENGTH OF NOURISHMENT AREA =63%FT. VOLUME_DF CUT AREA =42%CU.YDS.VOLUME OF NOURISHMENT AREA =30 CU.YDS. 10 :INSTALL TRIGGER [POINT AT ELEVATION —1' 0 25 50 75 ECTION A—A ELEVATION:EXISTING AND PROPOSED COAL COASTAL BEACH D UNDER OCEAN=X 210TOPOFCOPSTALBANK—1] EXISTING GROINS 68:1 AVG]SLOPE —e|=————13.1 SLOPE =1— 0-Co NOURISH TO PR :MIM ==2 SLOPE;5 CU.pS.\ 0 25 \50 7501020NOURISHMENTAREAUNDERCURVE=B.4%SQ.FT. LENGTH OF NOURISHMENT AREA =17%FT. VOLUME OF NOURISHMENT AREA =5&CU.YDS. SCMEINFEET SECTION B-B ELEVATION;NOURISHMENT ONLY REMOVE CONCRETE CAP AND REPLACE WITH STONES TO ~- MATCH EXISTING HEIGHT XN TOP OF STONES (VARIES FROM EL.3't TO EL.~3'% PLACE FILTER FABRIC ON LANDWARD SIDE OF GROIN MHW =1.5 UPLAND OF BEACH AREA 0 §10 ~~ElSECTIONELEVATIONDETAILSEXISTINGGRADESCALE:15 SHEET3OF 3 AUGUST 19,2024 SECTION C—C PROFILE PLAN ACCOMPANYING PETITION OF JOSEPH AND MEREDITH ZONA, TO AMEND DEP LICENSE NO.4145 TO REMOVE AN EXISTING DATUM FOR ALL ELEVATIONS =NAVDS8 STONE BULKHEAD,MAINTAIN TWO EXISTING GROINS,AND TO PERFORM BEACH NOURISHMENT WITHIN FLOWED TIDELANDS OF |LICENSEPLAN NO,WwD!-0000531 BASS RIVER,AT 39 SETH LANE,YARMOUTH,BARNSTABLE Approved by Department of Environmental Protection COUNTY,MASSACHUSETTS bi:©2./29 [zoz26