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HomeMy WebLinkAboutCh91 Simplified Waterways ApplicationSTEVEN KAROL 424 ADAMS STREET, SUITE 202 MILTON. MASSACHUSETTS 02186 TEL: (617) 696-1000 FAX: (617) 696-0420 October 7, 2011 Board of Selectmen Town of Yarmouth 1146 Route 28 S. Yarmouth, MA 02664 Yarmouth Conservation Commission Town of Yarmouth 1146 Route 28 S. Yarmouth, MA 02664 Yarmouth Planning Board Town of Yarmouth 1146 Route 28 S. Yarmouth, MA 02664 Yarmouth Zoning Authority Town of Yarmouth 1146 Route 28 S. Yarmouth, MA 02664 Re: Ch. 91 Simplified Waterways License Application Transmittal Number X240386 Dear Sir/Madam: FILE COPY Enclosed please find a copy of my above referenced Waterways License Application and Plan for continued use of the existing pier/dock, ramp and piles at Youngs Way in Yarmouth, MA. I have also enclosed a copy of my deed to 64 Neptune Lane for your reference. Should you require any further formation in this regard, please feel free to contact me. Stbv"en'Karbl No. hiassDEP USE ONL The CommonweaCth Of Massachusetts SIMPLIFIED LICENSE BRP WW06 Applicant must rill in pages I and 2 of this license. c ri, 5 le 1-sa , rl_ , ' —_ _ — in: county SLPI of tho Town/City of: TowNCaty Applicant's name tment of Environmental Protection for a Simplified county and Commonwealth aforesaid, has applied to the Deparconstruct a proposed or maintain an License to: re-1984): Please check: ® maintain an existing (p existing (post-1984): 1 below' Please check all that apply below: ® pierldock boat ramp ® ramp ❑ floal(s) RIpile(s) boat lift El boat house ❑ retaining walVseawall ❑ bulkhead ❑ rip rap/stone revetment ❑ groin(s) ❑ Nonwaler-dependent (NWD) residence [) other Please check an that app y pierldock ❑ ramp ❑ float(s) El Pile(s) ❑ boat lift 0 pile -supported boat house ❑ other and has submittedone: plans �the Board of [I Mayoand whereas due �and C ry Councof said li�otf on the TownlCgty ot:' as required by law, to the [Please check 1 TownIClly NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, ses said Licensee, hereby, subject tto the er of ah pGene al Lawsovernor, of all laws which areauthorizes and cortmay be in force applicable thereto, subject to the provisions of the ninety-first chap Please check all that apply: Please check all that apply: C] construct and maintain structure(s) for: maintain existing structure(s) for. non commercial docking/access to navigable water [� non commercial docking/access to navigable water Q other ❑ shoreline stabilization ❑ residential, NWD building ❑other 1 rwl�= in Uio Town/City of: To ,vc„y in and over the waters of: waterway dicated on and in accordance with total number locations shown and de tails in UUSE ONI.Ye accompanying_ ___ _) License Sketch Plan No. MusD USE ONLY Page License # DFP use WLy The total area of the combined structures, measured below mean/ordinary high water shall be no greater than a total of 600square ifeet for thout any fill. For structures or fill constructed priori to January .1984 and structures. or for structures built or nottsubstantial substantially afterJanuary 1, altered since that date: any structures and fill, either water dependent or nonwater-dependent, total ). more an 600 square feet. In both instances structure is not marina (i.e. does not serve ten or more vessels). Dimensions of all structures are shown on the accompanying pIan (s)• vifies I have described herein. Upon "I hereby to allow application for a License to fed reproze the a erlof the Massachusetts Department of Environmental signature, I agree Protection ll enter upon the premises of the project site at reasonable times for the purpose of inspection. And hereby ondmythanaturerthat Ishave eadon tthe Liced in ense and conditions and agree to the terms document is true and accurate to the s and ct of onditions set P forth herein' BOX A: CVCh Print Name / a Cily/rown (not village) [/ / U 6 V) i ! 1 I Slate Zip Code County cS ru + I / n / 1 � 6r� 6`/ lo0o Ceu 617- 511 Zia 3 e-mail (area code) telephone Notification: Your signature to the right certifies that � pate you have notified the entities as checked off in the Signature of applicant boxes below. Notification of application has been provided to: (please �1.ocal Conservation Commission aoard or Selectman check) 'lidZoning Authority WPtanning Board and has been sent by certified Abutters Interested Parties mail to: (please chock BOX B: If site address is different from mailing address: Address of the structures Cityrrow� n / G L� l3 C�►'n J Itc� SIG State Zip Code County BOX C: If the applicant is different than the owner: ❑ Mayor and City Council 4 Landowner (if not applicant) NOTE: This License is not valid until such time as it has been numbered and signed by the appropriate State officials (see page 5) and recorded at the Registry of Deeds. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Instructions Chapter 91 Sim lified Waterwa s License Appendix C : Simplified License Plan - Sample Template License No. Pa r K er'3 River intvr;m Ap(Iw�:.,1 I No. 3l01 1•cr ,1,. y 'T e•s rl.lt I G'. 3r+' P. I Trrq Ib'y B-T tloit• 17o s.� •. t' I l O Approved by Department of Environmental Protection YOyN6's Way =1t I 40' �I tV&nd IA+u'a I ��sa,ay H N ram!•. • !• n N pick 11 1/ I v v rb r le Nfifuj Purpose: Simplified Licensing ccompanying petition of: TleL K& Ko l Project Description: Pie it ru,012 6,0 Ad'acent Property wn rs: 7I'tr i r� c 0- %�'v(i Al: V- I. Cr In nu County of; Gc rh,Slr, 62e, 2 S ref: State: 1 By applicant_$ CUfh 6 Yo date: /U - 7 •d,v// sheet: _ of _ 4 E Page 3 License # pV USE grtLY USE: The structures authorized herein shall be for private non-commercial use of the licensee. The structures shall not be used for commercial purposes, leased, rented or otherwise let for compensation. Any change in use shall require an amendment to this license by the Department. The structures authorized herein shall be limited to the following uses: noncommercial docking and boating access to navigable waters. TERM: This License will expire fifteen (15) years from grant ate of renewal for License Issua e By rittears to quest ofth e Licensee for an amendment, the Department may authorized in the original license. WATERWAYS CONDITIONS: 1. ACCESS: 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" or "below the ordinary high water mark", the Licensee shall allow the public in the exercise of such rights to pass freely over, under or around all structures within such (intertidal) area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on the easterly/westerly or northerly/southerly sides of the pier/dock, authorized herein or at each property line, adjacent to the high water shoreline. Said signs shall comply with the Department's signage guidelines (see instructions) and shall be posted immediately upon license Issuance or completon of construction. Nothing excluding the public fr�condition from portions ofsa dstruc structure(s) or property not intended for lateral passage. Licensee from In partial compensation for the private use of structures and/or fill on tidelands and/or private tidelands and/or Great Ponds 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 or, for Great Ponds within the public access way delineated on the License plan/or within 5 feet of the ordinary high water shoreline. This condition shall not be construed to prevent the Licensee from taking reasonable measures to discourage unlawful activity by users of the area intended for public passage, including but not limited to trespassing on 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, s17c shall apply. 2. This License authorizes structure(s) and/or fill on: rORMasaDEP USE ORLY _ 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 t the area of the subject property lying between the high and low water marks, for the purposes of fishing, fowling, navigation, strolling and the ❑ Private Tidelands []Commonwealth Tidelands ❑ Great Pond ❑ Navigable River or Stream The Licensee shall not restrict the publics right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. The Commonwealth holds said lands in trust for the benefit of the public. The Licensee shall not restrict the public's right to use and to pass freely upon lands IYing seaward_of the high water mark for_any lawful Rurpose� The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purposes, in the waterway. 3. 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 structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. Page 4 License # pEp >1EgN4?' 4. 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 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. 5. 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 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. 6. The structures and/or rill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein. 7. 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(s) thereof. 8. 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 G.L. Chapter 131, s.40, the Wetlands Protection Act. CONSTRUCTION: 9a. The project shall not significantly interfere with littoral or riparian property owners' rights to access and egress their property from the waterway. All structures shall be set back, at a minimum, at least twenty -rive (25) feet from abutting property lines, where feasible. 9b. Structures shall not extend beyond the length of existing piers used for similar purposes; in no case shall the length extend more than % of the way across a water body and shall conform to the square footage requirements as stated in Construction Condition 9a. 9c. Within areas of salt marsh, structures shall be constructed with a minimum height of 4 feet above ground level measured from the bottom of the stringer, and maximum width of 4 feet, or at a 1:1 ratio so as not to have an adverse impact on the salt marsh or aquatic vegetation. Whereas, the width of the pier maybe equal to but not greater than the height. Any 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/dock decking in order to facilitate safe passage. 9d. When removed, all seasonal structures shall be stored landward of the mean or ordinary high water shoreline, vegetated wetlands, dunes and all wetland resource areas. Said storage shall be in conformance with any applicable local, state or federal requirements. 9e. The float(s) shall be constructed with an appropriate number of piles/pipes, legs or stop blocks attached to the float structural elements in order to maintain at least 24 inches of clearance off the bottom at extreme low fides. 9f. 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. DOCKING OF VESSELS: 10a. Motorized vessels shall be moored stem seaward of the float and shall have a draft no greater than that which provides a minimum of one foot clearance from the bottom at extreme low water. Where eelgrass Is present, vessels shall not have any adverse affects on eelgrass in the area. License # DEr us �Y Page 5 10b. Vessels shall be moored such that they do not become grounded at any tide. 10c. No dredging (including, but not limited to effects of prop wash) is permitted herein. 10d. No boat moored at any dock may block or unduly impede navigation within the waterway or the use of any adjacent dock. COMPLIANCE The Licensee, within sixty (60) days of completion of the licensed project, shall submit a written statement to the Department that the project has been completed in substantial conformance with the conditions and plans of said license, or a copy of the Certificate of Compliance for this project issued pursuant to the Wetlands Protection Act (if the project was previously issued an Order of Conditions or Superseding Order of Conditions under said Act). This License shall be void unless the License and the accompanying plan(s) are recorded within 60 days from the date hereof, in the Registry of Deeds for the said County. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. This License is granted upon the express condition that any and all other applicable authorizations required due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity of use authorized pursuant to this License. FOR MassbEP, SE ONLY; THE COMMONWEALTH OF MASSACHUSETTS IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this day of in the year date month year Commissioner Program Chief THE COMMONWEALTH OF MASSACHUSETTS Department of Environmental Protection This License is approved In consideration of the payment into the treasury of the Commonwealth by said — of the further sum of dollars and zero cents ($ .00) Applicant Amount 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 Governor Pk 25673 Psj173 �45454 � �9-13-2011 & 03:59P MASSAC:HUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 09-13-2011 A 03:59vm C:t14: 1489 Doc:: 45454 Fee: $769.50 Cons: $225rOOO.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 09-13-2011 ) 03:59um Ctl.: 1489 Doc:: 45454 Fee: 4,SCt7.50 eons: $725000.011 QUITCLAIM DEED I, Su -Ann Jaffe, of 550 Liberty Street, Apt. No. 2214, Braintree, MA 02184, for consideration of Two Hundred Twenty Five Thousand and 00/100 ($225,000) Dollars, hereby grant to Steven Karol of 80 Whittier Road, Milton, Massachusetts 02186, N O with Quitclaim Covenants the land in Yarmouth (South), Barnstable County, U Massachusetts, together with any buildings thereon, bounded and described as follows: NORTHEASTERLY by a portion of Lot 26A and a portion of Lot 25A, Sixty-five and 00/100 (65.00) feet; SOUTHEASTERLY by Lot 23A, One Hundred Twelve and 20/100 N (112.20) feet; ti SOUTHWESTERLY by Neptune Lane, a 40' way, Seventy-eight and — a 28/100 (78.28) feet; = N WESTERLY by said Neptune Lane by a curved line and a r r-N straight line, Twenty-six and 52/100 (26.52) 1 L m feet and Twenty and 00/100 (20.00) feet; and, N N NORTHWESTERLY by Lot 21A, One Hundred Twenty-six and 27/100 (126.27) feet. Containing an area of 11,300 square feet, more or less, and being shown as a LOT 22A on plan entitled: "Subdivision of land in West Yarmouth, Mass. for James F. Ruhan et ux and Gateway Construction Co. Inc., May 1964, Scale I" — g 60', Charles S. Kennedy, Surveyor -Designer, West Dennis, Mass. Cape Cod," which said plan is duly recorded in Barnstable County Registry of Deeds in Plan Book 186, Page33. (Page 1 of a 2 Page Deed) M r Subject to and together with the benefit of covenants, rights of way, agreements, and easements of record, insofar as the same are in force and effect. There is granted as appurtenant to the above -described lot a right of way over the private ways as shown on said plan and also a right of way over all the private ways as shown on a plan duly filed in said Registry in Plan Book 181, Page 125, and to and from the public road, to be used in common with all others now or hereafter lawfully entitled thereto, also a right to use all Park areas and Landings as shown on said plans. Subject to ,an Easement in favc,r of Cape &Vineyard Electric Co. et al dated March 27, 1965, recorded in said Registry of Deeds in Book 1292, Page 1179. For title see deed from Joan Jaffe, dated October 20, 2010, recorded in Barnstable County Registry of Deeds in Book 24925, Page 123. The street address for this property is 64 Neptune Lane, South Yarmouth, Massachusetts. , ,,-I Witness my hand and seal thisQfdaAf August, 2011. COMMONWEALTH OF'97C5SACHUSETTS August /�, 2011 On this _,L.Z 1'tday of August, 2011, before me, the undersigned notary public, personally appeared Su -Ann Jaffe, proved to r9e through satisfactory evidence of identification, which was to be they person whose name is signed on the preceding or attached document, and wlo swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge. (-Zt.4.v✓n TO Loy No ary Publi My Commission pires: �j IVINr51[ 1�.4� NOTARY PUBLIC C@MMOMNEALTH OF MASSACHUSETTS MY COMMISSION EXPIRES 4/6/12 SD ` Ty SpCOMty, ,USETTS MV • .' . 116/12 _.._�........nin*n,� nr nrrnn