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HomeMy WebLinkAboutWW01-0000612 8.8.2025fiEl--frg-?tle. a i?; lfTrr @be @ommouheuttb of ffitussur\usett* No. WW01-0000612 WbeteilB, Aunt Edith's Road Associatior, Inc. of - Yarmouth - in the County of - Bamstable -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- construct and maintain ramps and floats -- and has submitted plans of the same; and whereas due notice of said application, andef*etime€nd ,hasbeengiver1asrequiredby1aw,tothe_SelectBoard--ofthe -- Town of Yarmouth. -- NOW, said Department, having heard all parties desiring to be heard, and having flrlly considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said -- Aunt Edith's Road Association, Inc. --, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which zre or may be in force applicable thereto, to -- construct and maintain ftlmps and floats -- in and over the waters of -- Bass River - at -- 0 Aunt Edith's Road -- in the -- Town of yarmouth : and in accordance with the locations shown and details indicated on the accompanying DEp License Plan No. WWO 1 -0000612 (5 sheets). WW01-0000612 page2 The stuctures hereby authorized shall be limited to the following use(s): noncommercial docking and boating access to navigable waters. This license will expire thifty (30) years from tlre date of license issuance. By written request of the licensee for an amendment, the Deparhnent may grant a renewal for the term of years not to exceed that authorized in the original license. Existing structures previously authorized under Department of Environmental Protection License No. 2256 sk:r",ll be maintained in accordance with the terms and conditions of said license and plans, or as modified herein. Special Waterways Conditions : 1. In accordance with any license condition, easement, or other public right of lateral pirsage 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 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 existing pier, adjacent to the mean high water shoreline. Said signs, designed in accordance with the signage specifications provided by the Departmen! attached hereto, shatl 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 ofsaid structure(s) or property not intended for lateral passage. 2. Inputial compensation for use of stouctures 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 fool for any purpose and from dawn to dusl 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 meinrres to discourage unlawful activities by users of the area(s) intended for public passage, including but not limited to tespassing on the adjacent private areas and deposit of refuse of any kind or nature in the water or on the shore. Furttrer, 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 proviiions of M.G.L. c.21, s.l7 c apply. 3. No dredging (including but not limited to the ef[ects 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. Berthing at the floats authorized herein shatl be limited, at any one time, to nine or fewer vessels and shall be utilized exclusively by the Licensee, the landowner and by holder(s) of an access easement right in the said area within which the structure is located. The use of the pier, ramps and floats by the Licensee, the landowner or any such easement holder(s) shall be subject to the terms and provisions hereof. 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 Departrnent for one or more one yein periods without public notice, provided that the Applicant submits to the Deparhnent, thirly (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 reques! in writing, that the Departrnent 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 plarq number WW01-0000612 is on file in the office of said Deparfnent, and original of said plan accompanies this License, and is to be referred to as apafihereof. wwo1-00006t2 Page 3 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 stucture or fill authorized herein shall require the issuance by the Depmhent of a new Waterways License in accordance with the provisions and procedures established in Chapter 9l of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any stucture or fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Deparfrnent for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Departuent 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 Depmrnent and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Departuent 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 sfiucture 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 constued as authorizing encroachment in, on or over propefiy not orryned or contolled 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 Weflands 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 properly 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 tust by the Commonwealth for the benefit ofthe public. a Great Pond of the Commonwealth. The Licensee shall not restict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawfirl purpose. - Navigable River and Sfeams. The Licensee shall not restrict the public's right to use and to pass freely, for any lawfirl 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 ofthe 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. ww01-0000612 t a Page 4 The amount of tide-water displaced by the work hereby authorized has been ascertained by said Deparknent and compensation thereof has been made by the said - Aunt Edith's Road Association, Inc. -- by paying into ttre Treasury of the Commonwealth -- two dollars and zero cents ($ 2.00) -- for each cubic yard so displaced, being the amount hereby assessed by said Deparhnent. (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 irccompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of Bamstable. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this 3traayof $"rUt in the year two thousand twenty-five. Department of Environmental Protection Commissioner THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury ofthe Commonwealthby-the said -- Aunt Edith's Road Association, Inc. -- of the further sum of -- two thousand eight hundred fifty-nine dollars andzerc cents ($2,859.00) -- 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. $ARNSTABLE REGISTRY OF DEEDS lohn F, Meade, Register N19 67 N\2-4) RECEIVED AND RECORDED The -8 TN:Hy RLU -6 Fie Oo I CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TOBAMTyTHERULESANDREGULATIONSOFTHEREGISTERSOFREGES5DEEDSOFTHECOMMONWEALTHOFMASSACHUSETTS. TU DOIA Le)L-\T-2 NAME DATE LEGEND —_—e MEAN HIGH WATER (MHW,EL.1.8'NAVD88) EE ICICI I MEAN LOW WATER (MLW,EL.-1.1'NAVD88) —_————————EXISTING CONTOURS ff PROPERTY LINE PROJECT SITE PRIOR CHAPTER 91 AUTHORIZAT|ONS \N/FAUTHORIZATIONISSUINGAGENCY\DATE :2256 \AUNT EDITH'S ROAD LOCUS MAP SCALE:STEPHEN GATTO 1"=2,000’ \29 ROYAL COURT PER FIRM PANEL 25001C0587J NORWOOD,MA 02602 ANT ASSOCIATION;INC 1/AUNT/EDITH'S ROAD/£/0 HOLLY BRODERIC /YARMOUTH,MA 02664 DEED BOOK 6529,PAGE 17PLANBOSK184,PAGE 131 /NN fis PROJECT SITE/AREA /.||EMSTING PIER /PROPOSED FLOAT /ARRANGEMENT EXISTING PIER,RAMPS AND FLOATS;LICENSE #2256; ENTIRE PIER TO BE;[RECONSTRUCTED IN PLACE TO {ANEW HEIGHT UNDER A MINOR,PROJECT MODIFICATION.NEW FLOAT ARRANGEMENT (ONLY) TO BE LICENSED 0 50 100 OF 5SCALEINFEETxy SCALE:1"=50'JANUARY 17,2024 PLAN ACCOMPANYING PETITION OF AUNT EDITH'S ROAD ASSOCIATION,INC.TO CONSTRUCT AND MAINTAIN FLOATS WITHIN FLOWED TIDELANDS OF BASS RIVER AT 0 AUNT EDITH'S ROAD,YARMOUTH,BARNSTABLE COUNTY, ‘#24-WW01-0005-APP ZLICENSEPLANNO.WW0l-~ Approved by De,nt of Environmental Protection of MASSACHUSETTS Sl RINETA N3-68 |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. LOCUS MAP SCALE: 1"=2,000" EXISTING PIER,RAMPS AND FLOATS;LICENSE #2256; ENTIRE PIER [TO BE 75"TO RECONSTRUCTED IN PLACE NEAREST TO NEW HEIGHT UNDER A FLOAT MINOR PROJECT MOFIFICATION. NEW FL@AT ARRANGEMENT (ONLY)/TO BE LICENSED. ahh ya (TYP.)~ \ AY 4 0X2.5'R.EXIST.16°x8.3'FIXED 3 _10'X2.5'RAMP .LATFORM TO REMAIN Q ETN DANIEL A 16'X2.5"RAMP Cwie 3 a.46502 *<DAP,S/dNTIVEY2)>) &) SIONAL Ek 612’TO OPPOSITE SHORE\ N 2702964.64 ,/E 1013824.81 J94'+TO NEAREST FLOAT 0 20 “0 PROPOSED FLOAT LAYOUT SHEET 2 OF 5 SCALE IN FEET JANUARY 17,2024 SCALE:1"=20’ PLAN ACCOMPANYING PETITION OF AUNT EDITH'S ROAD LICENSE PLAN NO,WWO1-0600061% ASSOCIATION,INC.TO CONSTRUCT AND MAINTAIN FLOATS Approved by Department of Environmental Protection WITHIN FLOWED TIDELANDS OF BASS RIVER AT 0 AUNT Date:Suldlug 20,W255 EDITH'S ROAD,YARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS : 2-69 Ni2- A “CORDED 12:03 |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO TY THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. Ll==M1INFHOLYW Sy > :[} [aNba Ld m 0 w +|Bg I |pr Xi =Iz B80 =x H=O a=z i we |Zk E =—<<uj [$Ygs|22=+H28==.~ i x ~ AN ;> =—_——Ly 8%aygSl =|>Qo ofoej=N—t pl |Tp]x _L+= IZ =<5SHma=ri] =wiS20>=g »n <Col,=32 ~=11s4 Ww oilEl =r <<C 5 er =m)||©! 5 -1 >< om 0 = J oN [&)=<walk ==o Cy 2 S 0oa2)[&)<C (afhg)—>«< =—-p—5 o (a)by .sm g ,[A]gi t.=+)-1Y <05 ©/ox ===bs x =6 Gog a Zz0 0)|[1!NE 8 ELEVATION DETAIL-3 SHEET 30OF 5 A JANUARY 17,2024 PLAN ACCOMPANYING PETITION OF AUNT EDITH'S ROAD ASSOCIATION,INC.TO CONSTRUCT AND MAINTAIN FLOATS WITHIN FLOWED TIDELANDS OF BASS RIVER AT 0 AUNT LICENSE PLAN NO.WWwol-0000 ]Z2- EDITH'S ROAD,YARMOUTH,BARNSTABLE COUNTY,Approved by Department of Environmental ProtectionMASSACHUSETTSpate:Sully 30,2025 AR -7No |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. 112-0 -\-y-Y DATE -[7s][=e 2%Bz |. a od Cxl["O||. 2%x <GBL|E ® oC n 2TESE .0 <o 9 Fin |~ Zz o oZRECHY H-tEEHOSSESorof sr =PP op=iii4 3 pr (e}SL O0]empS)=0 IL Oi an 7 Tr |3 g He H 5 HaY=a > |v !.=R—nf .S zg 12)EE my .o I ak [re]©7 FO &=-°:zg §F a ==Nf []\f NEE =. ANE NEE <C|re OJ Si B=won—lh ZZ Lug Ing ==fig a Se Eqi5©§MEd&/Ii2 =Sa-S==? ==|ELL *BN =gn .= o oF %I o g ww IN < Z >wg ==| <<od m feed i < Lu)o B 4 S 4 Ip ESaxpll|:=[2 ~oO iL)N = by =lo354 .o™~18) Oo a==2 z [=E=)Zz ©.|A oa gE 22 ||}—— Zz x 5 MT . <uw 9g“un OF * ©IL]. 3). oDgE 2 —=>1-17-29 v 7]«|—|—O + la a ELEVATION DETAIL Fle =MIN P SHEET 4 OF 5 3NIT HOLY ]JANUARY 17,2024 PLAN ACCOMPANYING PETITION OF AUNT EDITH'S ROAD LICENSE PLAN NO.WO ~00 00 G]Z ASSOCIATION,INC.TO CONSTRUCT AND MAINTAIN FLOATS WITHIN FLOWED TIDELANDS OF BASS RIVER AT 0 AUNT EDITH'S :wt ROAD,YARMOUTH,BARNSTABLE COUNTY,MASSACHUSETTS Pate:5’(fy 36 2025 Approved by Department of Environmental Protection Ta -N| m2) nEpEY AHN RECORDED g PHI2:Ok TY i |CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. IS DANIELx7eiA]3 ouma4\ Ba RT <\L./-f=11=% NAME DATE f=——4 DECK WDTH——={_5"s6"RAILING CAP w |4"x4"POST BOLTEDgiTHROUGHYOKESAND2'x4"RAILINGS (TYP)|+1157s (Typ) i (4)3"x8" RECESSED DECKING SERINGERSW/3/4"SPACING; OVERLAP 1"3/4"THROUGH—BOLTSrd«1 (TYP) :TTL —3"x8"YOKE;(2)TYP. |,3"x8"CROSS’BRACING,(TYP) 3%"THROUGH BOLT WITH DOCK WASHERS (TYP) =10"GREENHEART PILE (INSTALL:|BUTT END DOWN,TYP)[1 INSTALL SCREW ANCHOR AT AA EACH BENT BEYOND MHW TO PREVENT ICE UPLIFT DOCK SECTION C-C ELEVATION DETAIL 2"x6"RAILING CalCAP(TYP)| L °| 47x4"POST——F V 2"x4"RAILING ae){be ] 5/8"THROUGH 5/4"x6"DECKING W/%" BOLT (TYP)SPACING;OVERLAP 1”(TYP) {ji)iL if 1f ~il i 1 10 1f 1 .|3x8”STRINGERS~~](TYR) NB mm 3%"THROUGH TOY,RD)~7-2YOKE;2 J WITH DOCK /!|(2)TYP.WASHERS (TYP) ~—3"x8"CROSS SHEET TITLE ;DETAILSiBRACING,(TYP)SHEET 5 OF 5 A =10”GREENHEART JANUARY 17,2024FePILES(TYP).5 qGC DOCK SECTION B—B ELEVATION DETAIL Em SCALE:1"=2' PLAN ACCOMPANYING PETITION OF AUNT EDITH'S ROAD ASSOCIATION,INC.TO CONSTRUCT AND MAINTAIN FLOATS WITHIN FLOWED TIDELANDS OF BASS RIVER AT 0 AUNT EDITH'S ROAD,YARMOUTH,BARNSTABLE COUNTY, MASSACHUSETTS LICENSE PLAN NO.WWGL-0000 (IZ Approved by Department of Environmental Protection Date:5 hey 20,2025"