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Home My WebLink AboutWW01-0000520 8.8.2025@bt [,nmmonheultb of frluggurbugettg No. WW01-0000520 F{4ewui, The Sousa Family Irrevocable Trust, John and Arlene Sousa, Trustees of -- Lexington -- in the County of - Middlesex -- and Commonwealth aforesaid, have applied to the ^, Department of Environmental Protection for license to -- maintain an existing rock revetnent, pier, E ramp and float and perform improvement dredging -- 'rfi E+ 1As {andhavesubmittedplansoftheSame;andwhereasduenoticeofsaidapplication,afd#thM3sr-,hasbeengiven,asrequiredby1aw,tothe--SelectBoard--ofthe ,l 3 -- Town of Yarmouth. -- ': tu1 ir/ , l'sF.U -S :-4 i U NOW, said Department, having heard all parties desiring to be heard, and having fully considered q said application, hereby, subject to the approval of the Governor, authorizes and licenses the said dl ca -- The Sousa Family Irrevocable Trust, John and Arlene Sousa, Trustees --, 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 rock revetnent, pier, ramp and float and perform improvement dredging -- in and over the waters of -- Bass River -- at -- 80 Grandview Drive - in the -- Town of Yarmouth - and in accordance with the locations shown and details indicated on the accompanying DEP License PIanNo. WW01-0000520 (4 sheets). Doc;1r. 28 10,6.? OE-O8-Z[IAE 1A =Z?BARHSTABLE LAHD COURT REGISTRY rc c 6 \)v-l- V} 3l--l- od V) :3ca C _= o -) wwO1-0000s20 Page 2 The structures hereby authorized shall be limited to the following use(s): noncolnmercial docking and boating access to navigable waters and shoreline stabilization for the protection of existing structures This license will expire thifty (30) years from the date of license issuance. By written request of the licensee for an amendment, the Deparknent may grarfi arenewal for the term of years not to exceed that authori zed in the original license. This license supersedes Deparbment of Environmental Protection License No. 3857, issued on Jure 17,1994 to George F. O'Brien. 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 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 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. Inpartial compensation for use of structurps 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 measwes to discourage unlawful activities by users of the area(s) intended for public passage, including but not limited to frespassing 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.l7c apply. 3. The use of unencapsulated polystyrene as part of any permanent or temporary/ component of the structures and/or fill authorized herein is prohibited. 4. All work authorized herein shall be completed within frve (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, thirfy (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. 5. 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 3 10 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. ww01-0000s20 Page 3 Special Dredge Conditions: 1. Dredging of approximately 99 cubic yards shall be performed by mechanical methods. 2. Dredging shall be to a maximum of -3.0 feet below the mean low water (MLUD datum with an allowable l-foot over dredge. 3. A time-of-year (TOY) restriction shall be observed on all in-water activities to protect sensitive life stages of winter flounder. No in-water, silt-producing activities shall take place from January 15fl' - May 3ltt of any year. 4. Dredge material shall be transported to an approved upland facility or beneficially reused on site. 5. Maintenance dredging may be performed for a period of ten (10) years subsequent to the date of issuance of this license. 6. After completion of the work authoized, the Licensee shall fumish to the Department a suitable plan showing the depths at mean low water over the area dredged within 90 days of completion of dredging. Duplicate of said plan, number W'W01-0000520 is on file in the offlce of said Deparknent and original of said plan accompanies this License, and is to be referred to as apffithereof. Please see pages 4 & 5 for additional conditions to this license. ww01-0000520 Page 4 STANDARD V/ATERWAYS 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 pr[ql 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 Deparhnent 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 skucture 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 Deparlment 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 Deparlment and afforded them a reasonable opporhrnity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Departrnent 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 unauthoized and unlawful structure and/or fil 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 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 trust by the Commonwealth for the benefrt of the public. a Great Pond of the Commonwealth. The Licensee shall not restoict 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 fieely, 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 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. ww01-0000520 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 - The Sousa Family Irrevocable Trus! John and Arlene Sous4 Trustees - 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 Departrnent. (1 cy: $ 2.00) 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 Bamstable. IN WIINESS WHEREAS, said Department of Environmental Protection have hereunto set their hands ttris 3Ofiaay "f .$Irt' il 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 Commonwealth by-the said - The Sousa Family Irrevocable Trust, John and Arlene Sous4 Trustees -- of the further sum of -- one thousand five hundred twenty-four dollars and zero cents ($1,524.00) -- the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted inthe land ofthe Commonwealth. BOSTON, Approved by the Governor. I CERTIFY TI.IAT THIS PLAN, AS PREPARED, CONFORMS TO THE RULES AND REGUI..ATIONS OF THE REGISTERS OF DEEDS OF THE COMMONVIEAITH OF I,IASSACHUSETTS. > VOr.-r-3o.zu; I{AME DATE LEGEND MEAI.UORUI'{ARY HIGH WATER (MI.IW, EL, 1.B,}'IAVD8S}'--"':- - ":':g-Hi3?ffi5,:gywArER (MLW EL' '1'1'MVD88) : :L?IHS:'X,1,- zoNE AE B.,NDARY PROJECT SITE PRTOR Ct{A?r.EE,er AU.THOBIZAI|p{g AUTHORTZATIOT-I ISSU|NG AGENCY DATEUCENSE#3857 DEP JUNE 17, 1994 LOCUS lS WITHIN FLOOD ZONES AE (EL=l1'AtrlD 12) AND ZONE X PER FIRM - MAP 91, PARCEL T8O SOUSA FAIIILY IRREVOCABLE TRUST, JOHN AND ARLENE SOUSA, TRUSTEES 6 RUSSELL ROAD LEXINGTON, MA A242O DEED CERT. 234021 L,c. PLAN 17002-8 (Lor 2) N/T MAP 91, PARCEL 179 74 GRANDVIEUf DR. REALTY TRUST J. [,1. &, P.M, CONNOLLY, TRUSIEES 7+ GRANDV1EW DRIIE X. 120,+ ROCK RE\EruENT TO BE UCENSED &, RECONSTRUCTED rs PIER, 3'xl6' RAMP, AND l0'x20' DEP UCENSE #58s7 PROJECT SITE PROPOSED DREDCE AREA = 6,337t SQUARE FEET; DREDGE TO -3 MLW, DREDGE VOLUME 99* CUBIC YARDS fia EXISTING AND PROPOSED CONDTTrcNS DATUM FOR ALL ELEVATIONS = MVD88 MAF I N/F 91, PARCEL 181 ROBERT & s)MLIV =-1.1 t E / S.ort{otr EX. 60' FLOAT; BASS RI\ER (nDAL) EBB SCALE IN FEET SCALE: l's 60 SHEET 1 OF 4 JANUARY 30,2024 PIAN PREPARED BY SHOREFRONT CONSULTING, DENNIS F{A AND DOWN GAPE ENGINEERING, YARMOUTH, MA PIAN ACCOMPAHYING PETITION OF THE SOUSA FA}TILY IRRA/OCAELE TRUST, JOHN AND ARLENE SOUSA TRUSTEES, TO DREDGE, RECONSTRUCT A STONE REVEruENTAND REPAIR A PIER, FIAMP, AI.IO FLOATWITHIN FLOWED T1DELANDS OF EAS-S RIVER AT 80 GRAI.JDVIEW DRTVE, YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETIS LOCUS BASS RI\ER LTCENSE PI-AN No. wurot-oLo o 1qP - 163'* I CERNFY TI,{AT THIS P[.AN, AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMIvIONV\IEALTH OF IIASSACHUSETTS, r ' ' 'l,lllv1,: t-tll' ' ' zoNE Ad (EL, lrL EX. 120'I ROCK RE\EruENT TO BE UCENSED AND RECONSTRUCTED pt- @tz)SeF ----1Fg$ rt'---,* rasd-#--- q6r.1 I EX. 60' PIER, 3'x16' RAMP, AND l0'x20' FLOAT; DEP UCENSE #JEs7 (T0 BE REPATRED)F$f'r-=6e't \5l-trt \egF w7# r4 /\... /.-\\r\\.L _, PROPOSED DREDGE AREA =6,357* SQUARE FEET; DREDGE' TO -3 MLW, DREDGE VOLUME =99* CUBIC YARDS / ''\'\\\\-\\. --A---I BASS RIIER (nDAL) EBB @ --.--- FLOOD SCALE IN FEET SCAIE: 1'= 30 PROPOSED SITE PI.AN SHEET ?AF 4 JANUARY 30,2024 PLAN ACCOMPAMYING PETITION OF THE SOUSA FAi'ILY IRREVOCABLE TRUST, JOHN AND ARLENE SOUSA,, ]RUSTEES, TO DREDGE, RECONSTRUCT A STONE RB/EruEh{T AND REPAIR A PIER, RAMP, AND FLOAT WTHIN FLOV\IED TIDEI,-ANDS OF EASS RMER AT 80 GRANDVIEW DRME, YARMOUTH, BARNSTAELE COUNTY. TUAS SAC H U S ETTS LOCUS ITAP SCALE: 1'= 700' ucENSE Pt AN NO. U' uJot - 00005za Apprqrod DV Deparumrf d Entornatt ProbdorDacs.tet 70, ?r1Ls I CERTIFY THAT THIS PI,AN, AS PREPARED, CONFORMS TO THE RULES AND REGUTATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. NAME DATE l @ @I z a 'ori ll F .A(9 trj 5 Y(J tJ.lo &'trjE +ttl(o *IJ o- = 0a '.o -?<rr)tl,)r\ trJzo (9z C) v(D c)z (Jz () lrlo = =ozo UJ CD JtN O) ozlrlFxIJ o hJu F() EFo aa KJ C) C) (J trJ tEl F() E,Fazoo UJu olr) ui uoz ol- at HIOIo-lOIql a-l al =tql (5l =I=I(nl EI .(l +l =lOI =l()] t{JI4l' 6t HIol o_lOIql 0_l cll =t-{l (5l =l=t(r)l EJ TI :lot.-.-l,-,- I()I l-LrlLnl Jzo lrlo6 t{7o ag, l-o o LdF =J3 =PtE., HH.()xFurt PfrF PEaso-C) Hg 6o-Fro=z< lr)$tto oooo+() I -30 PISN ACCOMPANYING PENNON OF THE SOUSA FAI\IILY IRRB/OCABLE TRUST, JOHN AND ARLENE SOUSA TRUSTEES, TO DREOGE, RECONSTRUCT A STONE RB/EruENT AND REPAIR A PIER, RAI,IP, AND FLOAT WTHIN FLOYGD TIDEI-ANDS OF BASS RMER AT EO GRANDVIEW ORIVE, YARMOUTH, BARNSTABLE COUNTY. MASSACHUSETTS SECTIOH LINE ELWATION SHEET 3 OF 4 JANUARY 30, 2024 o,o*N C) tF oa+o COo Ez I u)2oF s TUJ UJ JJ ElO OAIll.E=6P o I al()I-EI-< Itf > Ilc, I Io(I)l)-= I<rolz.J I HEIEr Io51 |crq) Iut.- |utfi Io(}J8eIriI I Ee HJ, at ?,G iluj #H M Lr97'-- 'LJ -fri to tr, co oF ax.trjF trJ = Cf, LJJE JJ t!Foz. SgG V t I Irll le[- ln l= I I [;]- a t a O] aI :\ e|- at-tl a.ll '=al rll a a t a a t a t o F od -o Nx'o !F I t D oo c)o-+ o a c) }l()tr E., zd o-0.8@a UCENSE PI-AN NO. WW0l- 0 Oo Alw fpprond_ ty O+gun6rt d Erfiumcrfd plriccilqr Daa: Si.,!^t 7Ot "o75 o Ee Ht, =:.uu{ *fr .8'l I= oo I o I CERTIFY THAT THIS PIAN, AS PREPARED. GONFORTUS TO THE RULES AND REGUI3TIONS OF THE REGISIERS OF DEEDS OF THE COMMON\f,EAL'TH OF MASSACHUSETTS. REVETMFNT. pETAtL _= 1M)QTH FACED RB/ETTIEHT DETAIL SHEET 4 OF 4 JANUARY 30, 2024 PLAN ACCOMPAT.JYING PMTION OF THE SOUSA FAI6ILY IRRB/OCABLE TRUST, JOHN AND ARLENE SOUSA. TRUSTEES, TO DREDGE, RECONSTRUCT A STONE REVETII,TENT AND REPAIR A PIER, FUAMP, AND FLOAT WITHIN FLOVVED TIDELANDS OF EASS RMER AT 80 GRAI.TOVIEWDRIVE, YARMOUTH, BARNSTABLE COUNTY, I,IASSACH U SETfS DATUIYI FOR AtL ELB/ATIONS = }{AVDBE TOP TO MATCI.I EXISTING E- 9*' CONDARY STONT 5OO I.8 - 1000 t8 sTstE 9' LAYTR OF 6' CRUSHTD SIOI'IE SECONDARY ARMOUR STol'lE, l'-2' SToNE -USE XSIING ARMOIJR SIOf.IES PLACED ,FLAT TO TIATST IHE E)0SIlNG STONE PLACEUENT. IJHW = l.g' JJLu{ ? ;-1,[ EIIV. = -4't MLIY UCENSE pt.AN NO Wu/01 ,i|iAtrZO Approtsd ty Dpatrnn ol futqrrrrtCprrtrdtor lates.rq sorzoLT BARI{STAELE REGTSTRY Oi OgrOS Jshn F, IHeade, Register SCALE IN FEET SCALE: 1'= 4 2 LAYERS OT