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HomeMy WebLinkAboutInterim aproval 5787 7.19.1996Bk ■ 10307-261 41363 07-19— 199E & Obt CommouwtWO of MassadMetts No. 5787 obtltHS, Norman P. & Dorothy M. Cleveland 1 I = 07 of -- Dover --, in the County of -- Norfolk -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for Interim Approval to -- maintain an existing pier ---------------------- and has submitted plans of the same; and whereas due notice of said application has been given to the -- Board of Selectmen -- of the Town of -- Yarmouth. NOW, said Department, having fully considered said application, hereby, authorizes the said -- Norman P. & Dorothy M. Cleveland --, subject to the provisions of 310 CMR 9.10, to -- maintain an existing pier ----- in and over the waters of -- Kelley's Bay -- in the Town of -- Yarmouth -- and in accordance with the locations shown and details indicated on DEP Interim Approval Plan No. 5787 (2 sheets), original of which is on file in the office of said Department. The structures hereby authorized shall be limited to the following uses: noncommercial docking and boating access to navigable waters. This Interim Approval is valid for 30 years from the date of issuance. If the affected property is transferred to a new owner, for valuable consideration, this approval shall expire one year from the date of transfer. This Interim Approval shall be void unless the same is recorded within 60 days from the date hereof, in the Registry of Deeds for the County of -- Barnstable --. I Bk■1O3O7-262 41363 Interim Approval No. 5787 Page 2 1.) In accordance with any license condition, ease»ent, 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 all structures within such intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on both the northerly/southerly sides of the pier authorized herein, adjacent to the mean high water shoreline. The signs shall include any statement and/or logo specified by the Department and shall otherwise conform to the "Signage Specifications of the Waterways Regulation Program", as may be amended hereafter. A Licensee's copy of such written specifications is provided with this license, and an additional copy shall be kept in the Department's permanent license file (No. 5787). Nothing in this condition shall be Construed as preventing the Licensee from excluding the public from portions of said structures or property not intended for lateral passage. 2.) The project authorized herein has been completed in conformance with the accompanying License Plan. The issuance of this License, therefore, fulfills the Licensee's obligation to obtain a Certificate of Compliance pursuant to 310 CMR 9.19. Please see Page 3 for additional conditions to this Interim Approval. Bk m 10307-20^ 4136 Interim Approval No. 5787 Page 3 1. Nothing in this Interim Approval shall be so construed as to impair the legal rights of any person. 2. Any change in use or any structural alteration of any structure or fill authorized herein shall require the issuance of a Waterways License. Any unauthorized change in use or unauthorized structural alteration of any structure or fill authorized herein shall render this Interim Approval void. 3. This Interim Approval authorizes structure(s) and/or fill on: _1_ 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. _1_ 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. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this Interim Approval. 4. Unless otherwise expressly provided by this Interim Approval, 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. IN WITNESS WHEREAS, Said Department of Environmental Protection have hereunto Set their hands this nineteenth day of June in the year nineteen hundred and ninety-six. Director Department of Environmental ction Chief Protection fl 'L Ois day of , 19 before me personally appeared /f to me known to be the person described in and c to ed this Interim Approval and acknowledged that he/s xecuted he same as his/her free act and deed. ary Public My connissioWlOcpires dn Bk=10307-264 41363 No. W96-5004 Interim Approval No. 5787 Unless otherwise expressly provided in a license or other written authorization of the Department, all required signage shall conform to the following specifications, as applicable: 1. all signs shall utilize durable materials and metl6ods of construction; 2. the Licensee shall maintain and repair all signs in good condition at all times; 3. letter height shall be a minimum of 3/4-inch; 4. the signs to be placed on the subject pier shall state the following: "Public lateral passage over this pier is provided by the Licensee for the purposes of fishing, fowling and navigation pursuant to Mass. Department of Environmental Protection, Interim Approval No. 5787, issued [date].". qua 1 a 1996 ------------------------------------------------------------------ Note to Licensee:. these specifications do not need to be recorded at your County Registry of Deeds.