HomeMy WebLinkAboutChapter 91 WW01-0000613W:be <!Commonb.lealtb of ;.iffilassacbusetts
No. WWOl-0000613
Wbereali, Francis O'Brien
of -West Springfield --in the County of --Hampden --and Commonwealth aforesaid, has applied
to the Department of Environmental Protection for license to --maintain an existing stone rip-rap
revetment --
and has submitted plans of the same; and whereas due notice of said application, and of the time aHd
plaee fo,ed 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, sHl->jeet to the approval of the Govemor, authorizes and licenses the said
--Francis O'Brien--, 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 --maintain an existing stone rip-rap
revetment --
in and over the waters of the --Follins Pond --at--85 Merchant Avenue --in the --Town of Yarmouth
--and in accordance with the locations shown and details indicated on the accompanying DEP License
Plan No. WW0l-0000613 (2 sheets).
wwo 1-0000613 Page 2
The structures hereby authorized shall be limited to the following use(s): shoreline stabilization for
the protection of existing structures.
Existing structures and/or uses previously authorized under DEP License No. 3408 (issued 1993),
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 from the date oflicense 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 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 or around all structures
within such intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, a
public access sign 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 within sixty (60) days from the issuance date of this License. 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, 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. The project authorized herein has been completed in conformance with the accompanying plan.
The issuance of this License, therefore, fulfills the Licensee's obligation to obtain a Certificate of
Compliance pursuant to 310 CMR 9.19.
Duplicate of said plan, number WW0 1-0000613 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 1-0000613 Page 3
STANDARD WATERWAYS LICENSE CONDITIONS
l. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform \Vith all tenns 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 Watenvays 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 filI authorized herein shall render this Waterways License void.
4. This Watenvays License shall be revocable by the Departtnent 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 Departtnent 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 fteely 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.
_ Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass fteely, 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 fteely 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.
I 0. Unless othenvise 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 stmctures on such areas in a
manner that would impede or discourage the free flow of pedestrian movement thereon.
WW0 1-00006 I 3 Page4
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 --Francis O'Brien --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. (27 cy = $ 54.00)
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 )..,s"" day of J \,U'\l. in the year two thousand twenty-five.
Department of Environmental Protection
THE COMMONWEAL TH OF MASSACHUSETTS
said --Francis O'Brien
of the further sum of --zero dollars and zero cents ($0.00)
the amount determined by the Governor as a just and equitable
granted in the land of the Commonwealth.
e Governor.
rge for rights and privileges hereby
BOSTON,
Governor
I I I I I I I I I I l.JJ ::> z ~ <( I certify that this plan, as prepared, conforms to the rules and regulations of the Registers of Deeds of the Commonwealth of Massachusetts "" I #93 ROBERT S. & JUDITH H. DAVID 93 MERCHANT AVE. "! YARMOUTH PORT, MA 02675 ll 9x~------, EXISTING DWELLING #85 F.FL. EL=11.1± [;j 3: X ~N~ eo-~-z..r Date LOCUS ERCHANT AVE MOUTH PORT MA LOCUS NOT TO SCALE 'I~ 11 <( \UP 11 I 1, ~ A • A FOLLINS POND (TIDAL) I 11 l.JJ I~ I I I ~I I ~~ I ,, '1 I ~ I t1~N6u:~;TE MclNERNEY 11 a•:1: 25 CHILTERN RD. WESTON, MA 02493 BENCHMARK -CATCH BASIN RIM EL=6.1 / PLAN ACCOMPANYING PETITION OF FRANCIS O'BRIEN TO MAINTAIN AN EXISTING STONE RIP RAP REVETMENT IN FOLLINS POND AT 85 MERCHANT AVENUE, YARMOUTH, MA APRIL 7, 2025 SCALE -AS NOTED PREPARED BY CAPE COD ENGINEERING, INC. ROBERT M. PERRY, PE P.O. BOX 1517 EAST DENNIS, MA 02641 TEL -508-385-1445 SHEET 1 OF 2 PLAN r • 1i f , .. ._•,r,,~-.• ... NOTES: 1. LOCUS: 85 MERCHANT AVENUE, YARMOUTH PORT MA, DEED BOOK 35581 PG 86; P.B. 179 PG 49 LOT 12 2. ELEVATIONS REFER TO NAVD88 3. DEP WETLAND FILE NO. REFERENCE SE 83-1871. 4. HISTORIC HIGH TIDE LINE COINCIDENT WITH CONTEMPORARY MHW 5. VOLUME OF STONE SEAWARD OF MHW = 27 CU. YARDS LICENSEPLANN0. 'N\WO\-0000~\?) Approved by Department of Environmental Protection ~~t
40 30 20 10 0 BLDG #85 FLOOR EL=11.1± EXIST. STONE RIP-RAP REVETMENT TO BE 3: I certify that this plan, as prepared, conforms to the rules and regulations of the Registers of Deeds of the Commonwealth of Massachusetts //Afo--r ... INTERTIDAL ZONE --8--8x8 cx:x:x:x:> -MHW-• • • • • •• MLW .. • • • • • Date LEGEND ELEV. CONTOUR SPOT GRADE REVElMENT EDGE SALT MARSH MEAN HIGH WATER MEAN LOW WATER si FOWNS POND SALT TIDAL SALT POND MARSH MHW EL=1.2 -10-t-------+-----+------+-----+-------1-----+--------,f------l 0 10 20 30 40 50 60 70 PROFILE A-A PLAN ACCOMPANYING PETITION OF FRANCIS O'BRIEN 1" = 10' TO MAINTAIN AN EXISTING STONE RIP RAP REVETMENT IN FOLLINS POND AT 85 MERCHANT AVENUE, YARMOUTH, MA APRIL 7, 2025 SCALE -AS NOTED PREPARED BY CAPE COD ENGINEERING, INC. ROBERT M. PERRY, PE P.O. BOX 1517 EAST DENNIS, MA 02641 TEL-508-385-1445 SHEET 2 OF 2 UCENSE PLAN NO. W u.J l) \ -0000 lo \ :> Approved by Department of Environmental Protection Date: !-'UN 2 5 2025