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HomeMy WebLinkAboutCH 91 lisenceCommonwealth of Massachusetts I Executive Office of Energy and Environmental Affairs Department of Environmental Protection Southeast Regional Office Address:20 Riverside Drive,Lakeville,MA 02347 i Phone:508-946-2700 Maura T.Healey Kim Driscoll Rebecca Tepper Bonnie Heiple Governor Lieutenant Governor Secretary Commissioner Salmol‘Z$iww Henry Bain ill and Nadine R.Gill c/O Cape Cod Engineering Attn:Robert Perry,RE. PO Box 15 17 East Dennis,MA 02641 RE:ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Waterways License Application N0.25-WW01-0117—APP,License N0.WW01-0000727 Henry Bain Gill and Nadine R.Gill,Bass River,206 South Street,Yarmouth Dear Sir or Madam, The Department of Environmental Protection hereby issues the above-referenced Waterways License, enclosed,authorizing you to perform certain activities pursuant to M.G.L.c,91,the Public Waterfront Act and its regulations 3 10 CMR 9.00.Any change in use 0r alteration of any structure or fill not authorized by this license may render this license void. This License is not final until all administrative appeal periods from this License have elapsed,or if such an appeal has been taken,until all proceedings before the Department have been completed.The appeal period is for twenty—one (21)days.NO work shall be undertaken until the License has become final and has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property RECORDING OF THE LICENSE This License must be recorded at the Registry of Deeds or,if registered land,with the Land Registration Office Within sixty (60)days from the date of license issuance.In the case of recorded land,the License shall also be noted in the Registry’s Grantor Index under the name of the owner of the land upon which the project is located.In the case ofthe registered land,the License shall be noted on the Land Court Certificate 0f Title 0f the owner of the land upon which the project is located.Failure to record this license within sixty (60)days of the date ofissuance will render this license void pursuant to 310 CMR 9.18. Upon recording the License and Plan,you must notify the Department by accessing your Authorization record at https://eplace.eea.mass.gov/citizenaccess and entering the recording information.Instructions for entering recording information may be found at:https://www.mass.gov/doc/eplace-waterways-recording- information—amendment/download.Failure to notify the Department of the recording of this License is a violation of3 10 CMR 9.00. REQUEST CERTIFICATE OF COMPLIANCE Pursuant to 3 10 CMR 9.l9,once the proposed project is completed you must file a Request for a Certificate of Compliance form,BRP WW05,within sixty (60)days of completion but in no event later than five (5) Page 2 years from the License’s issuance date.The license for any project for which such a request is not flled and certificate issued may be revoked pursuant to 310 CMR 9.26. NOTICE OF APPEAL RIGHTS Who has the right to appeal? The following persons shall have the right to an adjudicatory hearing concerning this decision by the Department to grant or deny a license or permit,in accordance with 3 lO CMR 9.l 7(1):(a)an applicant who has demonstrated property rights in the lands in question,or which is a public agency;(b)any personaggrievedbythedecisionoftheDepartmenttograntalicenseorpermitwhohassubmittedwritten comments within the public comment period;(c)ten (10)residents of the Commonwealth who,pursuant to M.G.L.c.30A,§10A,have submitted comments within the public comment period with at least 5 of the 10 residents residing in the municipality(s)in which the license or permitted activity is located.The appeal shall Clearly and specifically state the facts and grounds for the appeal and the relief sought,and each appealing resident shall flle an affidavit stating the intent to be part of the group and to be represented by its authorized representative;(d)the municipal official in the affected municipality who has submitted written comments within the public comment period;and (e)CZM,for any project identified in 3 10 CMR 913(2)(a)for CZM participation or,in an Ocean Sanctuary,if it has filed a notice of participation within the public comment period. How can I request an adiudicatorv hearing? A person requesting an adjudicatory hearing must submit a “Notice of Claim”to the Department,with a copy of the MassDEP Transmittal Form and including the detail specified below,within twenty-one (21) days of the date of issuance of this decision.The MassDEP Fee Transmittal Form is available at the following website:https://www.massgov/doc/adiudicatory-hearing—fee—transmittal—form/download. The Notice of Claim must be made in writing and sent by certified mail or hand delivery to: MassDEP Office ofAppeals and Dispute Resolution Case Administrator 100 Cambridge Street,Suite 900 Boston,MA 021 14 A copy of the complete Notice of Claim must be sent at the same time by certified mail or hand delivery to:(1)the applicant,(2)the municipal official of the city or town where the project is located,and (3)the issuing office of the MassDEP,which in this case is located at: MassDEP Waterways Regulation Program 20 Riverside Drive Lakeville,MA 02347 The MassDEP Fee Transmittal Form and a valid check payable to the Commonwealth ofMassachusetts in the amount of one hundred dollars ($100)must be mailed to: Mass.Department of Environmental Protection Commonwealth Master Lockbox P.O.Box 4062 Boston,Massachusetts 02211 Page 3 What infOrmation must be included in the hearing request? Pursuant to 310 CMR 917(3),any Notice of Claim requesting an adjudicatOry hearing must include the fcllowing information: Dismissal of request The request for appeal will be dismissed if the filing fee is not paid,unless the appellant is exempt or is granted a waiver.The filing fee is not required if the appellant is a city or town (or municipal agency), county,or district of the Commonwealth of Massachusetts,or a municipal housing authority.The Department may waive the adjudicatory hearing filing fee pursuant to 3 10 CMR 406(2)for a person who shows that paying the fee will create an undue financial hardship.A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Please feel free to contact Vin Manfredi of the Waterways Program,(857)283—5901 or vin.manfredi@mass.gov,if you have any questions pertaining to the Chapter 91 License. Sincerely,”‘gQC ( Brendan C.Mullaney Section Chief Waterways Program cc:w/enc.Daniel J.Padien,Waterways Program Chief,DEP Boston Office of Coastal Zone Management Yarmouth Harbormaster Yarmouth Conservation Commission Henry Bain Gill and Nadine R.Gill \t (a)the MassDEP Waterways Application File Number; (b)the complete name,address,fax number and telephone number of the applicant; (c)the address of the project; (d)the complete name,address,fax number,and telephone number of the party filing the request and, if counsel,the address,fax number,and phone number of the (e) represented by name,phone attorney; ifclaiming to be a person aggrieved,the specific facts that demonstrate that the party satisfies the definition of “aggrieved person”found in 3 10 CMR 9.02; (f)a clear statement that a formal adjudicatory hearing is being requested; (g)a clear statement of the facts which are the grounds for the proceedings,the specific objections to the MassDEP’s written decision,and the relief sought through the adjudicatory hearing,including the desired in the final written and (h) specifically changes decision; a statement that a copy of the request has been sent to:the applicant and the municipal official of the city or town where the project is located. (Ehe Qtummnntnealtb uf waggathugettg N0.WWO 1 -0000727 Eherew,Henry Bain Gill and Nadine R.Gill 0f ——Medfield ——in the County of ——Norfolk ——and Commonwoalth aforesaid,have applied to the Department of Environmental Protection for license to -—reconstruct an existing stone revetment and construct and maintain a pier,ramp,float piles and float -— and have submitted plans of the same and whereas due notlce of said application has been given as required by law to the -—Select Board —-ofthe——Town of Yarmouth ~— NOW,said Department,having heard all parties desiring to be heard,and having fully considered said application,hereby,subject to the approval of the Governor,authorizes and licenses the said ——Henry Bain Gill and Nadine R.Gill ——,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 --reconstruct an existing stone revetment and construct and maintain a pier,ramp,float piles and floa —— in and over the waters of the --Bass River——at —-206 South Street ——in the ——Town of Yarmouth -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No.WWOI—OOOO727 (3 sheets). WWO 1 -0000727 Page 2 The structures hereby authorized shall be limited t0 the following use(s):noncommercial docking and boating access to navigable waters and shoreline stabilization for protection of existing structures. Existing structures previously authorized under Department of Environmental Protection License No.4727 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 of license 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: l.1n accordance with any license condition,easement,or other public right oflateral 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 or around all structures within such intertidal area. Accordingly,the Licensee shall place and maintain,in good repair,a public access sign on both the northerly and southerly property lines,adjacent to the mean high water shoreline.Said signs,designed in accordance with the signage specifications provided by the Department,attached hereto,shall be postedimmediatelyuponthecompletionofconstruction.Nothing in this condition shall be construed as preventingtheLicenseefromexcludingthepublicfromportionsofsaidstructure(s)or property not intended for lateral passage. 2.In partial compensation for use of structures 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 ofthe subject property lying seaward ofthe 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 permittedusetowhichthelimitedliabilityprovisionsofM.G.L.c.2l,s.l7c apply. 3.No dredging (including,but not limited to the effects 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.All work authorized herein shall be completed within flve (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 publicnotice,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. 6.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. Duplicate of said plan,number W WOI—OOOO727 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. WWOI -0000727 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1.Acceptance of this Waterways License shall constitute an agreement by the Licensee t0 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 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. 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 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 flll 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 0n 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 fmal Order of Conditions issued pursuant to the Wetlands Protection Act,G.L.Chapter I31,s40. 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 property 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 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. 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 ofthese 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 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. WWOI —0000727 Page 4 The amount 0f tide—water displacad by the work hereby authorized has been ascertained by said Department,and compensation thereof has been made by the said --Henry Bain Gill and Nadine R. Gill ——by paying into the Treasury ofthe Commonwealth ——two dollars and zero cents ($2.00)--for each cubic yard so displaced,being the amount hereby assessed by said Department.(1 cy :$2.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof,in the Registry of Deeds for the County of Bamstable. IN WITNESS WHEREAS,said Department of Environmental Protection have hereunto set their hands this Z$Mday of WW$in the year two thousand twenty-six. kmgram Chief EQNC 4t /7 Department of Environmental Protection Commissioner A /\/~V'V v THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by—the said ——Henry Bain Gill and Nadine R.Gill —— of the further sum of ——one thousand nine hundred fifty—six dollars and zero cents ($1,956.00)-- the amount determined by the Governor as ajust and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. BOSTON, Approved by the Govemor. Gov or SIGNAGE SPECIFICATIONS -MassDEP Waterways Regulation Program [Updated September 20,2012) Signs shall utilize durable materials and methods of construction and maintained in good condition. Signs shall be a minimum of 5"X 10"(or 50 square inches)in size.Letter height shall be a minimum of1/2". The MassDEP Chapter 91 License number shall be displayed on all signs [as applicable). Each sign shall indicate that public passage is allowed for on-foot lateral access along the shoreline for the purpose of fishing, fowling,navigation and strolling. Signs shall be posted on both sides ofthe pier or structure,at the mean high water shoreline,or as directed by the Chapter 91 License (see Special Waterways Conditions,Page #2 or Page #3 for Simplified Licenses). An example ofan acceptable sign is provided below. i CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE MASSACHUSETTS REGISTERS OF DEEDS W m /Z_-/¢-Z§ /Date T b}?/I/I 53d O //IO REILLY ABUTTER: BASS RIVEROIOVA 530 f3 //I I REALTY TRUST \./—2x6 I /107 LOWELL RD.\*1x5 /—2x7 I NREADINGfMAAPT308 018%é? I OOO/ CWATCH o 0/.'I /—4Ix2 I ILo ROU DR "NANTU..,...cKET soUNDYARMOUTH,MATINQ'I EEXT. CONCRETE FLAGPOLEA <3 ’.a—1x4 / / BOUNDELEVATION L a)/'/ l.__| 32 I”12’ IMg \LOCUSNOTTO SCALE‘\--L \I \A —7><8 L.=7.5NAVD 88 $~z LOC .7x4m (ELCP9194—A gCTFN0.0 'zE‘J Lu NIma I I(#§*ocbv-I -2x8 I \T‘ PROPOSEPIER 4’w.-2x8 PROPo ED RI 2.5’X 20’'I128'i RAMP xo__¥__%PPED 265i To CHANNED GE EOFL![8X1 \I IPROPOSED8’x24’/FLOAT W/Io”/231350 a I IId Lu EO Lu E § §FROM o)I 3;:B g2: 3 )QI-g 'T'o m ”I I Q3I6m RESET :I%§STONSTEPS (g) W E/I L \0%9 —2x7 CAP \1 CIAO \ //OOk\0”;6%?\ \ I 00 \R (4¢¢SR6;\ //°\ALLOO f’V/‘Yw 0 I \/I 004E .4) % (\Ii g Auk V)3 ,\ I /~¢O I \ 7Lé&m% \\E D 1%..\\é \ \%4 Qx 9‘w \\'m 4 2‘2 \“9 Q6w (o4<“ \ \g ZOU"R L°§> % y . \ \ —2x5 PL‘AN ACCOMPANYIR“G'PETITIONHENRYBAINGILLAND NADINETOCONSTRUCTANDMAINTAINSUPPORTEDPIER,RAMP AND FLOATFLOATANCHORPILESANDRECONSTRUCTANEXISTINGREVETMENTINBASSRIVER MHw SOUTH ABUTTER: CHRISTINE DAVID MANDARA251CRAWFORDNORTHBOROUGH, x.._. OFR.GILL A PILE WITH 3 STONE 2 MANDARA ST.MA 01532 I NOTES:1.ELEVATIONS2.DEP FILE3,LOCUS :LCP 9194—A; ANCHOR PILES / /m /g8/E /wT3-a —7x8 /m< %O /m /// //I LEGEND 8 ELEV.CONTOUR 8x8 SPOT GRADE M REVETMENT EDGE XLI,SALT MARSH —MHW—MEAN HIGH WATER ..MLw.. .MEAN LOW WATER PLAN 75 15 so 1"=30’REFER To NAVD88 DATUM #SE83—2471206 SOUTH STREET,YARMOUTH,MACTFNo.231350 AT 206 SOUTH STREET,YARMOUTH (SOUTH),MAAUGUST28,2025 SCALE AS NOTED PREPARED BYCAPE COD ENCINEERINC.,INC.ROBERT M.PERRY,PEP.0.BOX 1517EASTDENNIS,MA 02641508—385—1445 SHEET 1 OF 3 LICENSE PLAN NO.Womoo‘I 2.7 Approved by Departme tot Environmental Protection of Massa huse 2.ZO I CERTIFY THAT THIS PLAN,ASTOTHERULESANDREGULATIONSMASSACHUSETTSREGISTERS PREPARED,CONFORMSOFTHE OF DEEDS /L-/¢-Z (- Date BASS RIVER Q (f)§ocE g (n AO Lu EQJ—g§§lwLl— LICENSE PLAN NOwwb‘ Approved by Department of Environmental I Daimjww at O-LO 'w727 Protection . ' - <- -P") O-N 9: O é Oo =N Eo=¢c)x=N Lu Q I I (f) g- o. Q §§m 830?:D_NDC \ MEIJ; § \IE“N Lu a?5m gv : 42gE :d- =>< :5mi §-- o:$é$Zg =‘_:@ l5 LE(f) °>‘2 /"’)E Q Lu §<t Q:Lg I— H g2 m0 mz;25 m :ILéO'\m 1% :II‘— no. E8%M _| 5e “N ES] L _QII--_*\JE5-r——zE‘3E “0% :5: : .O Q. _o £§§e2 m%§¥|\r oorMLw=—1.4 .< ;Z ENO.O'_I—E LuzMHw II _O EEr’)Ekm iaocxJ¢Lu:NaNo <Q O I eon:z e8 g§EL=15 u N IF_n—‘U)L§(f) Q m 9»ON PLAN ACCOMPANYINGHENRYBAINGILLTOCONSTRUCTANDDIER,RAMP AND FLOATANDRECONSTRUCT AN IN AT 206 SOUTH STREET,AUGUST g8,2025 I é< -O o=z a 5 U)-oO O O ANDMAINTAIN WITH 3EXISTING BASS RIVER YARMOUTH SCALE PE PETITION OFNADINER.GILLA§§§PILE SUPPORTEDFLOATANCHOR PILES PREPARED BY STONE RQETMENT CAPgogggTEu?'§E§§$f%E'NC' P.o.Box 1517(SOUTH),MA EAST DENNIS,MA 02641ASNOTED508—385—1445 SHEET 2 OF 3 I CERTIFY THAT THIS PLAN,AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE MASSACHUSETTS REGISTERS OF DEEDS ARMOR STONE —1500 LBS TO 6,000 LBS w/ 50%WETOHTNO >2500 LBS;25%>4000 LBSTO— f /(/\TOP OP STONE ELEv.=7.5i\\///\\\//\\\\’\\\\>\\\\//\\\///\\\/ COASTAL BEACH0__2 LAYERS FILTER CLOTH (MIRAFI 6OOX OR EQUAL) BEDDING STONE 2'THICKNESS NATIVE CRUSHED,8”—12"-5 _FRAGAMENTS TOE OP STONE ELEv.=—4 MTN.WOT.=6,000 LBS. / 0 10 20 30CROS‘SECTION 1 6 LTCENSE PLAN No.\A)Um ‘60°07 Z7 IN BASS RIVER EAST DENNIS,MA 02641AT206SOUTHSTREET,YARMOUTH (SOUTH),MA 508—385—1445 AUGUST 28,2025 SCALE AS NOTED SHEET 3 OF 3 //"/WU\S, MHW=1.5 BASS RIVER ( O r Date 15 —}<—6’%EXISTING ac PROPOSED 100 YR.FLOOD ZONE REVETMENT PROJECTION v ”VE"EL.=13 NAVD88 PLANT CAP STRIP is OOINOIDENT WTTH NATTVE PLANTS Approved by Department of Environmental Protec‘ion Date:Swwtg ZQ ,1W PLAN ACCOMPANYING PETITION OFHENRYBAINGILLANDNADINER.GILLTOCONSTRUCTANDMAINTAINAPILESUPPORTED'7 ASPIER,RAMP AND FLOAT WITH 3 FLOAT ANCHOR PREPARED BY PILESANDRECONSTRUCTANDESEXISTING STONE REVETMENT CAPE COD ENGINEERING, ROBERT M.PERRY,PE P.O.BOX 1517 INC.