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HomeMy WebLinkAboutRequest for Superseding Order of Conditions 030525Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands Request for Departmental Action Fee SE83-2453 Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project 59 Oyster Cove Road South Yarmouth, MA 02664 a. Street Address b. Cityrrown. Zip 7696 $245.00 G Check number d. Fee amount Important: When filling 2 Person or party making request (if appropriate, name the citizen group's representative): out forms on Brian J. Wall Esq. the computer, Name use only the 90 Route 6A tab key to Mailing Address move your Sandwich MA 02563 Cursor - do Cityrrown State Zip Code not use the (508) 888-5700 return key. Phone Number Fax Number (if applicable) _Q 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Aar, Rosangela Caloiero Name 23 Belcher Drive Mailing Address Sudbury MA 01776 Cityfrown state Zip Code Phone Number Fax Number (if applicable) 4. DEP File Number: SE83-2463 B. Instructions 1. When the Departmental action request is for (check one): ® Superseding Order of Conditions— Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability — Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 welfae.doc • rev. 12/15114 Request for Oeparunental Action Fee Transmittal Fom, • Page / of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 cont. ) DEP File Number. SE83-2463 Provided by DEP 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Orderwhich is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htto://www mass oov/eea/aoencies/massdeo/about/contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. walfeo.doc • rov. ID15114 Request for Depatmontal Action Fea Transmittal Form • Page 2of 2 T�: 4:BRIAWJ ,WALL ATTO` N' YW AT`LAW' 1tIZ!�f75' PERaTIN+G,AC#C{OUNT ,r 5-7017/2110 so RouT► -, SMDMCH, MA!02563, 5;"1 31512025: ' PAY'TO THE ORDER ol= Gomrimonwealth.of Massachusetts Two:FNundred Forty f=fve and OOJ1;00*******'►*'""***►*";"''"►"**`.''`,'`**',","**'*►**►'►'.'"'*"'`�'*,* DOLLARS Commonwealth of:Massachusetis f.:. . Z i . .m,,J (� MEMO 2, V SGNn1uRE 08007696,18 1:2LI0?01751: i3060?9559118 BRIAN J WALL ATTORNEY AT LAW Commonwealth of Massachusetts Citizens BRIAN J WALL ATTORNEY AT LAW OPERATING ACCOUNT Commonwealth of Massachusetts Citizens 3/5/2025 for DEP Superseding Order of Conditions - Caliero 3/5/2025 for DEP Superseding Order of Conditions - Caliero 7696 245.00 245.00 7696 245.00 245.00 PAODUCTSSLTtW USE WITH 9160 ENVELOPE Deluxe Ccrperatlon 1.800.328.0304 or www.deluxexomlhhop T TROY WALL ASSOCIATES WATTORNEYS AND COUNSELLORS AT LAW 90 ROUTE 6A, SANDWICH. MASSACHUSETTS 02563 TELEPHONE: (508) 888-5700 ROBERT S. TROY rstotroywallassociates.com BRIAN J. WALL bjw@troywallassociates.com March 5, 2025 CLODAGH L. TROY clt@troywallassociates.com VIA U.S. CERTIFIED MAIL Maissoun Reda, Chief Wetlands Division Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347 RE: Request for Superseding Order of Conditions Rosangela Caloiero 59 Oyster Cove Road, South Yarmouth, MA DEP File No. SE83-2463 Dear Ms. Reda: Please be advised that this office, together with Cape Cod Engineering, Inc., represents the above -referenced Applicant, Rosangela Caloiero ("Applicant'). This serves as a Request for a Superseding Order of Conditions ("SOC"), pursuant to 310 CMR 10.05(7)(b), on grounds that the Yarmouth Conservation Commission ("Commission") did not hold a public hearing on the Notice of Intent ("NOI") within twenty-one days of the date that the NOI was filed as required by M.G.L. c. 131, § 40 and 310 CMR 10.05(5). A Two Hundred and Forty -Five Dollar ($245.00) filing fee was sent on this day to the DEP Lock Box in Boston via certified mail. Copies of the transmittal form and the check are attached hereto as Exhibit 1. INTRODUCTION The Applicant is the owner of the land and single-family dwelling at 29 Oyster Cove Road in South Yarmouth. A copy of the deed of record is attached as Exhibit 2. The property has an appurtenant right to use an area of land identified as "Beach Area" on a plan recorded in the said Registry of Deeds in Plan Book 136, Page 27. March 5, 2025 Page 2 Exhibit 3. The deed explicitly states that the property conveyed includes "the right to use the beach area as shown on the plan." The land that is subject to the easement is owned by Ayacht, LLC, a Florida limited liability company with an address of 352 Harbor Drive, Naples, Florida. The deed of record of the property states that the land is "[s]ubject to the rights of all persons lawfully entitled to use the Beach Area and Oyster Cove Road." Exhibit 4. The Applicant's predecessor -in -interest, Richard Bates, maintained a pier on the Beach Area. This is evidenced by Chapter 91 Interim Approval No. 4215 issued to Richard Bates on November 7, 1994, and recorded in the said Registry of Deeds in Book 9444, Page 94. Exhibit 5. Further evidence of this pier is set forth in the aerial imagery attached hereto showing the pier in 2010, 2014 and 2021. Exhibit 6. When the Applicant purchased the property in December of 2022, the purchase included the Chapter 91 License. The Applicant has since submitted an application with the DEP for a new Chapter 91 License. The pier is damaged and only remnants remain. The Applicant seeks renovate the pier, and to properly permit it under the wetlands Protection Act (M.G.L. c. 131, § 40) and properly license it under the waterways Program (M.G.L. c. 91). THE PROPOSED PROJECT A. Project Description. The proposed project is to remove the remnants of the existing dock facility and to construct and maintain a new pier, ramp and float in its place. The new dock will extend from the shore over an existing seawall to the line of MHW, and then seaward to a point 80 feet from MHW. The dock will be comprised of a 4' x 64' pier elevated on timber pilings, a 2.5' x 14' ramp, and a 6' x 20' float. The project is depicted on the plan entitled: "Plan Showing Proposed Modification and Maintenance of a Pile Supported Pier, Ramp and Float in Bass River at 0 Oyster Cove Road, South Yarmouth MA," dated September 5, 2024, prepared by Cape Cod Engineering, Inc., Robert M. Perry, PE, which plan is part of the NOI. A copy of the plan is attached as Exhibit 7. The work to implement the proposed project involves removal of all portions of the existing facility and, thereafter, installation of a pile -supported elevated pier, seasonal ramp, and pile -held float. The existing floats and some debris from recent damage have already been removed. Remaining debris materials can be hand -carried out and transported away. Replacement pilings and new pilings shall be installed March 5, 2025 Page 3 with portable tripod and barge -based driving methods to install the pier. Following that, hand carpentry methods to fit and affix the pier frame. Planking and railings follow by similar hand work activities. Lastly the seasonal ramp and float will be delivered via the waterway and attached to the pier end with attachment to the two anchor pilings. Water depth is available to float small vessels offering an improvement over existing conditions for clearance to the bottom. The ramp and float shall be removed seasonally and stored in an upland location. B. Wetland Resources. Coastal wetland resources in the area include Coastal Bank (310 CMR 10.30), Coastal Beach (310 CMR 10.27), Salt Marsh (310 CMR 10.32), Land Containing Shellfish (310 CMR 10.34), Land Subject to Coastal Storm Flowage (310 CMR 10.04), and Riverfront Area. The project involves activities subject to M.G.L. c. 91, so the proposed activity is exempt from the Riverfront Act. C. The Pro osed Pro'ect Com lies with AiDnlicable Performance Standards. The project involves work in Coastal Bank (310 CMR 10.30), Coastal Beach (310 CMR 10.27), Salt Marsh (310 CMR 10.32), Land Containing Shellfish (310 CMR 10.34), Land Subject to Coastal Storm Flowage, and Riverfront Area. The work will have no significant adverse impacts to wetlands resource areas and meets all applicable performance standards. PROCEDURAL HISTORY The NOI was filed with the Commission on February 5, 2025. The Commission scheduled the NOI for a public hearing on February 20, 2025. However, the Commission was unable to hold a public hearing because of a lack of quorum. The twenty-first date after filing the NOI was February 26, 2025. The Commission failed to hold a hearing on or before February 26, 2025. This appeal is timely filed within 10 business days of the twenty-first day after the NOI was filed. ALLEGATION OF ERROR M.G.L. c. 131, § 40 and 310 CMR 10.05(5) require the Commission to hold a public hearing within 21 days of receipt of a Notice of Intent. In this case, an NOI was filed on February 5, 2025, and the Commission failed to hold a public hearing within 21 days, or on or before February 26, 2025. The Applicant did not waive her right to timely hearing. March 5, 2025 Page 4 The Supreme Judicial Court ruled in Oyster Creek Preservation, Inc. v. Conservation Commission of Harwich, 449 Mass. 859 (2007), that, when a conservation commission does not hold a public hearing within the required twenty- one -day period and the Applicant appeals to the DEP, it is the DEP's superseding order that controls the project. Since the Commission did not hold a public hearing within 21 days after the filing of the NOI, the Commission forfeited the right to enforce the Yarmouth Wetlands Protection Bylaw and Yarmouth Wetlands Protection Regulations and the Applicant is eligible to request the Department to issue a Superseding Order of Conditions under M.G.L. c. 131, § 40. See, Oyster Creek Preservation, Inc. v. Conservation Commission of Harwich, 449 Mass. 859 (2007). CONCLUSION The NOI and supporting documentation demonstrate that the proposed work will meet the applicable performance standards set forth in the Wetlands Protection Act and the Regulations and, as a result, the Applicant asserts that the project should be approved. Accordingly, the Applicant requests that the Department issue a SOC approving the project. Respectfully submitted, G�WC_QQ Brian J. Wall Attachments cc: Rosangela Caloiero Cape Cod Engineering, Inc. Yarmouth Conservation Commission, via U.S. Certified Mail Original Transmittal Form and Filing Fee of $245.00 sent via U.S. Certified Mail to D.E.P. Lock Box 4062, Boston, MA 02211 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee SE83-2463 Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project 59 Oyster Cove Road South Yarmouth, MA 02664 a. Street Address b. Cityrrown, Zip 7696 $245.00 c. Check number d. Fee amount Important: 2 Person or a making request If appropriate, name the citizen rou s representative): When filling P party 9 4 (9 P' out forms on Brian J. Wall, Esq. the computer, Name use only the 90 Route 6A tab key to Mailing Address move your Sandwich MA 02563 cursor - do Cityrrown State Zip Code not use the (508) 888-5700 return key. Phone Number Fax Number (if applicable) 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): a4m Rosanaela Caloiero 23 Belcher Drive Cityrrown Phone Number 4. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): MA 01776 State Zip Code Fax Number (if applicable) ® Superseding Order of Conditions —Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability — Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wetfee.doc • rev. 12I15114 Request for Departmental Action Fee Transmittal Fan • Page 1 of 2 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee SE83-2463 Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Be Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htto://www.mass.gov/eea/agencies/massdep/about[contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wetfee.doc • rev. 12l15114 Request for Departmental Action Fee Tranamittel Form • Page 2 of 2 rbyb BRIAR. . J WALL ATTORNEY AT LAW )'Citizens' OPERATING AC0OUNT 5-7017/2110 SO ROUTE 6A 3/5/2025 SANDWICH, MA 02563-5301 PAY TO THE - ORDER OF Commonwealth of Massachusetts **245.00 Two Hundred Forty -Five and 00/100 ��,�,k,�**,k+t�,���*,�,k,�*,�►*��►*�«.:*�*.,��*,�**.+t�.r+t*�,.�* DOLLARS Commonwealth of Massachusetts : MEMO ORM SIGNATURE 000769611' 1: 2 L LO?0 L?5': 130607`955911' BRIAN J WALL ATTORNEY AT LAW 7696 Commonwealth of Massachusetts 3/5/2025 for DEP Superseding Order of Conditions - Caliero 245.00 Citizens 245.00. BRIAN J WALL ATTORNEY OPERATING ACCOUNT AT LAW 7696 Commonwealth of Massachusetts 3/5/2025 for DEP Superseding Order of Conditions - Caliero 245.00 Citizens 245.00 PROOUCT SSLT104 USE WITH 916M ENVELOPE Deluxe Corporation 14MG-328-0304 or www.deluxe.com/shop Err a Bk 35526 Pg266 #60024 12-07-2022 @ 12:30p Quitclaim Deed L Carolyn Bates, Single, of South Yarmouth, MA for consideration paid and in full consideration of Seven Hundred Seventy Thousand and 00/100 ($770,000.00) Dollars grant to Juberto DeOliveira and Rosangela Caloiero, Husband and Wife, as Tenants by the Entirety of 23 Belcher Drive, Sudbury, MA 01776 N O with QUITCLAIM COVENANTS cthe land, together with the buildings thereon, situated in Yarmouth (South), Barnstable € County, Massachusetts, bounded and described as follows: A r NORTHERLY by the Southerly sideline of Oyster Cove Road, One Hundred Twenty- S Five and 00/100 (125.00) feet; Vi aEASTERLY by Lot 6, One Hundred Ninety and 00/100 (190.00) feet; v SOUTHERLY by land now or formerly of Ruth Boardman, One Hundred Twenty -Five and 00/100 (125.00) feet; and u Y G WESTERLY by Lot 4, One Hundred Ninety and 00/100 (190.00) feet. a N Said premises are shown as LOT 5 on a plan of land entitled "Riverdale, Plan of Subdivision of Land of Dorothy S. Dreschsler & Louise M. English in South Yarmouth, Scale 1" = 50' May 9, 1956," duly filed with Barnstable County Registry of Deeds in Plan A Book 128, Page 9. a Together with a right of way over Oyster Cove Road as shown on said plan, to Salt Box WLane and from Salt Box Lane to Upper Bridge Road. n. aTogether with a right of way over Oyster Cove Road as shown on a plan of land duly a filed with said Deeds in Plan Book 136, Page 27. Together with the right to use the beach area as shown on said plan, duly filed with said Deeds in Plan Book 136, Page 27. HASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 12-01-2022 # 12:30pm Date: 12-07-2022 0 12:30pm Ctl#: 397 Doc#: 60026 Ctl#: 397 Doc#: 60024 Fee: $2,633.40 Cons: $770,000.00 Fee: 02,356.20 Cone: $770,000.00 Bk 35526 Pg267 #60024 Said land is conveyed subject to and with the benefit of all rights, restrictions, easements, encumbrances and reservations of record insofar as the same are now in force and applicable. Grantor hereby waives any and all homestead rights she has or may have had in the property described above and conveyed herein as set forth in M.G.L. Chapter 188. Grantor also hereby Anther states under the pains and penalties of perjury that no other persons are entitled to any benefits of an existing Estate of Homestead. Meaning and intending to convey the same premises as conveyed to Grantor by deed recorded on September 25, 2007 in the Barnstable County Registryof Deeds in Book 22360, Page 188. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Sk 35526 Pg268 #60024 Executed as a sealed instrument this I b --Ay of N 92022. �= Aezz Carolyn Batel STATE/ COMMONWEALTH OF M ass kaxy.K45 �tjwvKS1 bk^-County, ss. On this 2day of W ayc"Iac✓ , 2022, before me, the undersigned notary public, personally appeared, Carolyn Bates, who proved to me through satisfactory evidence of identification, which was ODriv&s License; O State ID; O Passport; O Other Government Issued ID; l] Other, to be the person whose name is signed on the preceding or attached document, and who swore or affirmed to me, under the penalties of perjury, that the contents of said document are truthful and accurate, to the best of her knowledge and belied and that she signed it voluntarily for its stated purpose. A--� Notary i . My Commission Expires MAT MEW R. SHECKMM Notary Public coW�OF My Commisslon Expisos oalobW 17. 2026 JOHH F. BADE, REGISTER BARNSTA13LE COUWff REGISTRY 08' DEEDS RECEIVED & RECORDED 3LECTROMICAMY EXFIIBIT 3 FNANCNOT OYSTER COVE ROAD a .x u 9 I•`�- BEACH _ s s✓ `e• b• 1: ... t^_... .`._ i I �eaa AREA u r +❑t 2„ OMN Fe ti•�ti a r'•vA a VI s 14.400I X1. E�i 23276 mri. ^ 23730f fJ rr. ,s II f 7- zoavoOi. 6,.a Iv,esoe 1Ij��I' a J m.+i. RUTH OOAFIDMAN I ARNOLD WALLEN f...- K.•r� f.r'�d� ei� a+w.Je..goll Ct W RIVERDALE PLAN OF RESUBDIVISION OF LOTS 8 & 9 INTO APPROVAL OF PLANNING BOARD LOTS 10, 11 & 12 NOT nuDulReD LAND OF °'°NED DATA :T 3eY> 196 DOROTHY S. DRECHSLER E°w LOUISE M. ENGLISH y G6. IN SOUTH YARMOUTH J !ULi - I?37 1 PLAN e+ Lore 1 ro s. .. owrae ^w• e.:esa m n•fce .. ac.,.. ew.:xe.Pe. SCALE: I'•50' JUNC 22ae57 ,/3 ❑9.5..:`�t• 12F.COn= NEWE_L_L D. SNOW.ENC`R. 1 WA ON trol- E Total pa„ ex- I QUITCLAIM DEED Bic 34889 Pg228 #6881 02-08-2022 @ 09:43a We, Robert R. Ayotte and Carol J. Ayotte, as Trustees of the Oyster Cove Realty Trust u/d/t dated February 28. 2013, as evidenced by a Trustee's Certificate Pursuant to MGL ch. 184. §35 recorded with the Barnstable County Registry of Deeds in Book 28295, Page 313, of South Yarmouth, Barnstable County, Massachusetts, for consideration of less than one hundred dollars ($100.00) grurrl to Ayacht, LLC, a Florida limited liability company, having a usual place of business and mailing address of 352 Harbor Drive, Naples, FL 34103, with quitclaim coteaturtc The Iand in South Yarmouth. Barnstable County. Massachusetts. bounded and described as follows: NORTHEASTERLY by [leach Area, as shown on hereinafter mentioned plan. one hundred eighty-seven (187) feet. more or less: EASTERLY by Bass River, seventy-five (75) feet. more or less: SOUTHERLY by Lot 11. as shown on said plan, one hundred forty-five (145) fret. more or less: SOUTHWESTERLY still by Lot 11. as shown on said plan. scveniy-two and 20/100 (72.20) test: and WESTERLY by a turn -around in Oyster Cove Road, fifty-eight and 52/100 (58.52) feet; containing an area of 14,400 square feet. Said premises are shown as Lot 12 on a plan of land entitled "Riverdale Plan of Resubdivision of Lots 8 & 9 into Lots 10. 11 and 12, Land of Dorothy S. Drechsler & Louise M. English, in South Yarmouth. Mass." duly filed with Barnstable County Registry of Deeds. Book of Plans 136, Pasc 27. Bk 34889 Pg229 #6881 Together with a right of way over Oyster Cove Road, in common with all others entitled thereto. ALSO — Being shown as BEACH AREA on plan of land entitled "Riverdale Plan of Resubdivision of Lots 8 & 9 into Lots 10, 11 & 12 Land of Dorothy S. Drechsler & Louise M. Engl ish in South Yarniouth. Scale I" = 50'. June 22. 1957. Newell B. Snow. Eng'r. Buzvards Bay. Mass"which plan is filed in Barnstable County Registry of Deeds. Book of Plans 136. Page 27. Together with the fee in Oyster Cove Road from Beach Area to Sale Box Lane. Subject to the rights of all persons lawfully entitled to use the Beach Area and Oyster Cove Road. Being the same premises conveyed to the grantors herein by deed dated February 28.2013. and recorded with the Barnstable County Registry of needs in Book 27295. Page 314. (REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY) WITNESS our hands and seals this oZ t day of January, 2022. C Robert R. Ayotte G41gr County, ss. Carol J. Ayotte STATE OF FLORIDA Mc 34889 Pg230 #6881 On this;; day of January, 2022, before me, the undersigned notary public, personally appeared ROBERT R. AYOTTE, as Trustee of the Oyster Cove Realty Trust, proved to me through satisfactory evidence of identification, which was Is-c-Ff1se — R to be the person whose name is signed on the preceding document. and acknowledged to me that he signed it voluntarily for its stated purpose. `'` ;� tiARt<tA EStiiAOn pl.��- �ptatl► ttKC • state of Ftwida ooded tAro4A Rattans! tt UY ASS al i c r County. ss. —Notary Public: My commission expires: San 3, aoc%6 STATE OF FLORIDA On this aL dot%' ul'Januaty, 2022. belbre tile, tlic undersigned iiotary public, personally appeared CAROL J. AYOTTE. as Trustee of the Oyster Cove Realty Trust. proved to the through satisfactory evidence of identification, which was "'nr_j.c_, { t' encl_ - Ft . to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. KAR0EfrRAVA —Notary Public p Rotm muc • state of Florida My commission expires: 34� 3, A0.j6 ,�� Coraraissbon f Hitt 2 t 301e fps sty Coma. Expires An 3. 2026 BMW ttsr** Ratwat "M Assn. Bk 34889 Pg231 #6881 TRUSTEE'S CERTIFICATE We, the undersigned, being the Trustees of the Oyster Cove Realty Trust, under declaration of Trust dated February 28. 2013, hereby certify under the pains and penalties of perjury as follows: l . We are the sole Trustees of said Trust. 2. Said Trust has not been altered, amended or terminated other than as of record and remains in full force and effect. 3. We have been authorized by all of the beneficiaries of said Trust to convey the premises situated at 59 Oyster Cove Read. South Yarmouth. Barnstable County. Massachusetts, to Ayacht. LLC, a Florida limited liability company, for consideration of Icsc than One Hundred Dollars (<$100.00). 4. No Beneficiary of this Trust is a minor. incompetent or a corporation selling all or substantially all of its Massachusem assets, or a personal representative of an estate subiecl to estate tax liens or is now deceased or under any legal disability. PRIME PROPERTIES REALTY TRUST Robert R. Ayottc Carol J. Ayotte STATE OF FLORIDA 'e -_ County, ss. On this ;11 day of January. 2022. before me, the undersigned notary public, personally appeared ROBERT R. AYOTTE. as Trustee of the Oyster Cove Realty Trust, proved to me through satisfactory evidence of identification, which was b �? e i ;, oar gto to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public '~ KO` ESTRA " M commission expires: ±� H*Wy �IEc • State or Fro W y P Cammrssioa a HH 2 t 301� Ay Comm. £pens An 3. 2026 6oadeC throctst► National +btary AUM S'I'A'I'L' Ol: IIORIDA n�lljgf County. %s. Bk 34889 Pg232 #6881 On this . t clay of January. 2022. before me. the undersigned notary public. personally appeared CAROL J. AYOTTE. as Trustee of the Oyster Cove Realty Trust. proved to me through satisfactory evidence of identification. which was ��;.ter ��;r «t z - r . to be the person whose name is signed on the preceding document. and acknowledged to me that she signed it voluntarily for its stated purpose. KA RA ESTit A "Oily RAW . Slaw a' %arIca CW=WQQ 1 H" 2 • ii la my CM0. EspiteS:a�: 2. 20a5 &cn of tPI ,gh �tto�a! hoary �sn. ollPlCoiary Public My commission expires: yac, 3, 2 ,o . d JOHN F. MADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED 6 RECORDED ELECTRONICALLY 1 WA j-1113 YII.� BP109444-008B 94-11-15 10:54 966175 ishe Tommunwettlth of fituouthua to htreas, Richard Bates of -- Yarmouth --, in the County of -- Barnstable -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for Interim Approval to -- maintain stairs, a pier, ramp, and pile -held floats -------------------------------------------------------------------------- and has submitted plans of the same; and whereas due notice of said application has been given to the -- Board of Selectmen -- of the Town of -- Yarmouth. NOW, said Department, having fully considered said application, hereby, authorizes the said -- Richard Bates --, subject to the provisions of 310 CMR 9.10, to -- maintain stairs, a pier, ramp, and pile -held floats ----- in and over the waters of -- Bass River -- in the Town of -- Yarmouth -- and in accordance with the locations shown and details indicated on DEP Interim Approval Plan No. 4215 (3 Sheets), original of which is on file in the office of said Department. The structures hereby authorized shall be limited to the following use: noncommercial docking and boating access to navigable waters. This Interim Approval is valid for 30 years from the date of issuance. If the affected property is transferred to a new owner, for valuable consideration, this approval shall expire one year from the date of transfer. This Interim Approval shall be void unless the same is recorded within 60 days from the date hereof, in the Registry of Deeds for the County of -- Barnstable --. INTERIM APPROVAL ONLY I i EDONHEO UDPAPER E' 10%44-MM 94-11-1S 101S4 16617S Interim Approval No. 4215 Page 2 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 ladder and public access sign on both the northerly and southerly sides of the pier authorized herein, adjacent to the mean high water shoreline. The ladders shall be constructed of durable materials, shall be fixed to the pier in such a manner so as not to rest on the marsh, shall have a minimum width of 2.0 feet, and shall have adequate railings extending above the pier decking in order to facilitate safe passage. The signs shall include any statement and/or logo specified by the Department and shall otherwise conform to the "Signage Specifications of the Waterways Regulation Program", as may be amended hereafter. A Licensee's copy of such written specifications is provided with this license, and an additional copy shall be kept in the Department's permanent license file (No. 4215) . 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. 2.) The floats shall be taken out of the water and stored in a secure upland location in the event a Hurricane is forecasted. 3.) The project authorised herein has been completed in conformance with the accompanying License Plan. The issuance of this License, therefore, fulfills the Licensee's obligation to obtain a Certificate of Compliance pursuant to 310 CMR 9.19. Please see Page 3 for additional conditions to this Interim Approval. Interim Approval No. 4225 BNO9444-0090 94-11-1S 1054 16617S Page 3 MXMMM XMIUM A3�PRO M OM ZMNS 1. Nothing in this Interim Approval shall be so construed as to impair the legal rights of any person. 2. Any change in use or any structural alteration of any structure or fill authorized herein shall require the issuance of a Waterways License. Any unauthorized change in use or unauthorised structural alteration of any structure or fill authorized herein shall reader this Interim Approval void. 3. This Interim Approval authorizes structures) and/or fill on: .L 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 poirnturthe area of the subject property lying between the high and low water marks, fo purposes of fishing, fowling, navigation, and.the natural derivatives thereof. JL Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon leads 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. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this Interim Approval. 4. Unless otherwise expressly provided by this Interim Approval, 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 mpede or discourage the free flow of pedestrian movement thereon. ��rrrrr M.D rr�wr.r rr rr.. • r- rr rr---rr r r-.. --- - w ------------------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this 6eventh day of Novembers in the year nineteen hundred and WAetyvioun, Commissioner . Department of actor Environmental Protection Section Chief _.= _A ,,.. On this day of , 19,,Vbefore me personally appeared me known to be the- person described in and who dxecuted this Interim Approval and acknowledged that he/she executed the same s/her ree t and deed. A�10e, Z1 r ' •" �•a _ ���_ c My commissieffNexpirles on k. 10sw°T ti �rrsxt •••�. �r APPROVAL B'`09444-Oa91 94-11-IS 10=S4 16617S I' BIONAGE SPECIE1=192bi T�.,TE�, RWAYS RB22=10N ROGRAM Waterways Application No. W93-2152 Waterways Interim Approval No. 4225 Unless otherwise expressly provided in a license or other written authorization of the Department, all required signage shall conform to the following specifications, as applicable: 1. all signs shall utilize durable materials and methods of • construction; h . .. 2. the Licensee shall maintain and repair all signs in good condition at all times= 3. letter height shall be a minimum of 3/4-inch; 4. the signs to be placed on the subject pier or shall state the following: "These ladders are provided for public lateral access over this pier for the purposes of fishing, fowling, and navigation, pursuant to Mass. Department of Environmental Protection, Waterways License No. 4215, issued (date].". Note to Licensee: these specifications do not need to be recorded at your County Registry of Deeds. •.r 111 • BPoOS444-0092 94-11-15 10=54 4SG175 . • • Mr. Bates' s�+ai rs iec, ra MPS oar le- eta -Floats La + d�n �, � be. au�tl,or► ,d F. aSenr+ee,) err p seer Cm�e- Rl • 1 tx 2R� N1c. l� oti'es i�' ex Y alb $. seaw • • o N• lwZ Q� p �-� L • tixa }�f ••j 1 t -ram �.r1 1•,'�. Scale 1" .immMAPPRovAL 4215 NM" b -M RNIN '"'° NOV 71994 Adjacent owls Q Robe4 Ayotte Louis Wck�nello PLAN view Rye -hard - Bal'es 29 Oyster Cove Rd. S. Ya.rmou`Ik , MA S-vai rs, pW , ramc�, an d 4 p ne- hdd Pl6abs ai- the en & oP 0ys er Cove kosd i n the Bass River Yarmc>u� , N1 A SvNee�r : 1. c* 5 �Y• ; BP i0S444-Oa83. S4-11-15 10 954 ON175 ,iRp,pr ?,p 4,216 a "OV 1994 �wesa:: INTIEFI N ' APPROVAL End a Qysle r Cove Rd. R. i f ka cJ Bates Ra m P and Floats Aaa►ctatt Mortirw omms, �« 9ass R; ver ' -A-Mie 29.0y4er Cove Rd • :Ljarrnovih _ � 0! tTATt N• c�c� nel ! o S, Ya.rmou+k t o NIPLICAT" .r s NUT 2 GF3 DAT[ v.,zf _ • ••�••••••`• ,�finoj 0l+,34�SS�f Yoi tl rt03b3K t � ,►,stlr•�sr+l� f t 133����17�4L a a� ......_ .. .._... • . loo•.ia 6Q81 MIA 1�J91� 0� „ • -ale-as c4 <a 1 f; Ri• ��.i11 ? (00)Now 3P •s• 1 t0 t77 all 1 1 1 � • to ! too � �I ego ti•A 1 tf .t• o a K cz Sol Vol DO a l %ft W E* 0000.. Sao: f7 ate:~- � oil • � �• Sri.! !r ?►�� r t I J$ ft� tti c ii oar sr y� � 'MP t S�I99# OS=Oi Si--Tt--vs OSM-00NO&CM a'' EXFIIBIT 6 d�C �P.y� J..� 7ij i _ ;. 4 .; —. - _ _� .,�aJ � �. V - '"r i; . `. ! � �_.' {! .. � _�,: :i �� _.:� �_. -. � _ r � ,_ �;� r ��. � ��. EXHIBIT 7 www". Jv wa -y r- _y 7 N.