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Home My WebLink Aboutrecorded Chapter 91 Licenseboe commonwearty of fttaoat juatt5 No. WWO1-0000555 �Ijerea�, Richard S. Dodd Irrevocable Trust of 2012 Of -- Yarmouth -- in the County of -- Barnstable -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- construct and maintain a ramp, float, pile, �g and pier extension -- and has submitted plans of the same; and whereas due notice of said application, „ra ��*'�� *�rn� .,r� „lace fixedfor 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 fiilly considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said -- Richard S. Dodd Irrevocable Trust of 2012--, 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 ramp, float, pile, and pier extension -- in and over the waters of -- Bass River -- at -- 158 Pleasant Street -- in the -- Town of Yarmouth -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. WWO1-0000555 (3 sheets). WWUI-UUU0555 Page 2 The structures hereby authorized shall be limited to the following use(s): noncommercial docking and boating access to navigable waters. Existing structures and/or uses previously authorized under DPW License No. 6072 (issued 1973) shall be maintained in accordance with the terms and conditions of said license and plans, or as modified herein. This license will expire thirty (30) years fiom 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 Wateutivays 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 under or around all structures within such intertidal 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 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 private use of stt•uctures on tidelands, 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 liinited to trespassing on the adjacent private areas and deposit of refiise 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. e.21, s.17c apply. 3. No du -edging (including, but not lunited 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. The float(s) shall be constructed with an appropriate number of piles/pipes with float -stops in order to maintain at least thhty (30) inches of clearance off the bottom at all tides. The Department may approve alternative float -stop structural designs, provided that written approval from the Department is granted prior to the deployment of the float(s). 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 WWO1-0000555 is on file in the office of said Department, and original of said plan accompatues this License, and is to be referred to as a part hereof. WW01-0000555 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS l . 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 orany substantial stucttual alteration of any structure or fill authorized herein shall requlle 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 teams 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. �. The stuctures anc�Uor fill authorized herein shall be maintained hh 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 suubject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid fmal 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 st act conformance with all applicable requirements and authorizations of the DEP, Division of Water Pollution Control, 9. This License authorizes st•ucture(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 fi-eely, for any lawfit purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commnonwealth for the benefit of the public. _ a Great Pond of the Connnonvealth. 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 lawfiul purpose. _ Navigable River and Steams. The Licensee shall not restrict the public's right to use and to pass fi-eely, for any lawfiil 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 stuctures on such areas in a manneA that would impede or discourage the free flow 01 pedestrian movement thereon. WWO1-0000555 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 -- Richard S. Dodd Irrevocable Trust of 2012 -- 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 Z 19" day of %)orUaarq in the year two thousand twenty-five. Prouram Chief Commissioner Department of Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Conunonwealth by the said -- Richard S. Dodd Irrevocable Trust of 2012 -- of the fiu-ther sum of -- five htmdred thirty-seven dollars and zero cents ($537.00) -- 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. BOSTON, RAi�i�ST�GIE REGISTRY ®E DEE�� John F. Meade, Register