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Home My WebLink AboutWW01-0000784Commonwealth 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 Governor Kim Driscoll Lieutenant Governor Rebecca Tepper Secretary William A. Heam, Trustee of the River Street Nominee Trust c/o BSC Group Attn: Hannah Raddatz 349 Route 28, Unit D West Yarmouth, MA 02673 RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Bonnie Heiple Commissioner Waterways License Application No. 25-WW0l-0077-APP, License No. WW0l-0000784 William A. Hearn, Trustee of the River Street Nominee Trust, Bass River, 104 River 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 310 CMR 9.00. Any change in use or alteration of any structure or fill not authorized by this license may render this license void. No work shall be undertaken until the License and accompanying Mylar Plans have been duly recorded in the applicable County Registry of Deeds or the Land Court for the district in which the land is located, within the chain oftitle 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 of the registered land, the License shall be noted on the Land Court Certificate of Title of the owner of the land upon which the project is located. Failure to record this license within sixty (60) days of the date of issuance 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 of 310 CMR 9.00. Page 2 REQUEST CERTIFICATE OF COMPLIANCE Pursuant to 310 CMR 9.19, 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) years from the License's issuance date. The license for any project for which such a request is not filed and certificate issued may be revoked pursuant to 310 CMR 9 .26. Please feel free to contact me at (857) 268-6653 or christine.koczera@mass.gov if you have any questions pertaining to the Waterways License. Sincerely, n-CLc.- Brendan C. Mullaney Section Chief Waterways Program cc: Daniel J. Padien, Waterways Program Chief, DEP Boston Office of Coastal Zone Management Town of Yarmouth Harbormaster Town of Yarmouth Conservation Commission William A. Heam, Trustee of the River Street Nominee Trust 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 of½". • 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 of the 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 of an acceptable sign is provided below. ~ FOR ss DEP M.G.L. Ch. 91 LICENSE # WW01-0000784 ~- m;be QI:ommonwealtb of ;fflassacbusetts No. WW0l-0000784 'Wbereas, William A. Hearn, Trustee of the River Street Nominee Trust of --Boston --in the County of --Suffolk --and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to --construct and maintain a fixed pier and kayak racks and to reconstruct and maintain a bulkhead and soldier piles within the existing footprint and has submitted plans of the same; and whereas due notice of said application, and of the time and place fixed for a hearing thereon, has been given, as required by law, to the --Select Board --of the --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 --William A. Hearn, Trustee of the River Street Nominee Trust--, 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 --construct and maintain a fixed pier and kayak racks and to reconstruct and maintain a bulkhead and soldier piles within the existing footprint -- in and over the waters of the --Bass River --at --104 River Street --in the --Town of Yarmouth -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. WWOl-0000784 (5 sheets). License No. WW0l-0000784 Page2 The structures hereby authorized shall be limited to the following use(s): noncommercial docking and boating access to navigable waters and shoreline stabilization for the protection of existing structures. This License supersedes Department of Environmental Quality Engineering License No. 990, issued on June 6, 1983 to Muriel B. Townsend. This license will expire thirty (30) years from the date oflicense issuance. By written request of the licensee for an amendment, the Department may grant renewal for the term of years not to exceed that authorized in the original license. 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 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 sides of the pier authorized herein, adjacent to the mean high-water shoreline. 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. In partial compensation for use of the 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 of the subject property lying seaward of the 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 permitted use to which the limited liability provisions of M.G.L. c.21,s.17c apply. 3. No dredging (including, but not limited to the effects of prop wash) is permitted herein. 4. 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. 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 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 plan, number WW0I-0000784 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. License No. \VW0l-0000784 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 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 fill 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 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 fmal 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 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 of these public rights shall be imposed unless otherwise expressly provided in this license. I 0. 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. License No. WW0I-0000784 Page 4 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 --William A. Heam, Trustee of the River Street Nominee Trust --by paying into the Treasury of the Commonwealth --zero dollars and zero cents ($ 2.00) --for each cubic yard so displaced, being the amount hereby assessed by said Department. (13 cy = $ 26.00) 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 Barnstable. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this ~ day of V l) (~ in the year two thousand twenty-six. f Program Chief Department of Environmental Protection Commissioner THE COMMONWEAL TH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said --William A. Heam, Trustee of the River Street Nominee Trust -- of the further sum of --eight hundred ten dollars and zero cents ($810.00) -- 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. FOR REGISTRY USE ONLY I CERTIFY TiiAT THIS PLAN CONFORMS TO 11£ RULES ANO REGULATIONS Of TI-IE REGISTERS OF DEEDS Of THE COMMONWEA TH OF MASSACHUSETTS. 2/3/26 PLS DATE WfflNG INDEX ffllJ.OW ST z -' SHEET TITLE 1 COVER SHEET 2 EXISTING CONmTIONS I l PROPOSED CONDITIONS 4 CROSS SECTIONS 5 DETAILS PLAN LEGEND HISTORIC HIGH WA 1ER MEAN HIGH WATER (EL= 1.5 NA\ID 88) • • • • • • • • • • • MEAN LOW WATER (EL= -2.2 NAVO 88) EXISTING CONTOURS ----FEMA FLOOD ZONE Af. BOUNDARY NQJES• PRIOR CHAPTER 91 AYIHORIZADQNS AUTHORIZATION N/A ISSUING AGENCY N/A DATE N/A 1. EXISTING CONDITIONS SHOWN ARE PROVIDED FROM A BSC SURVEY COMPLETED ON 4/19/23. 2. ELEVATIONS DEPICTED ON lHIS PLAN REFER TO NAVO 88 DA 1UM. 3. FEMA INFORMATION FLOOD ZONE VE EL=1l DATED 7/16/2014 PANEL f25001C0589J 4. SOURCE Of: HHW -MA MAPPER HlW -NO DATA AVAILABLE MHW. MLW (BUZZARDS BAY INlERACTIVE IDAL DA 1UM VIEWER) 5. WATER ELEVATION BASED ON NOAA TIDE GAUGE STATION 8447435 CHA1HAM. 6. THIS SET OF PLANS IS FOR PERMITTING ONLY AND NOT FOR CONSTRUCTION .. (THE CONTRACTOR IS RESPONSIBLE FOR AU. CONSTRUCTION SPECIACATIONS) 7. THE SITE IS LISTED AS ASSESSOR'S MA.PE 43 LOT 44 Prepared by. SSC CROUP, INC. LOCUS l;i a-: r Ir: I.OCUS IMP NOTlOSCME 349 ROUTE 28, UNIT D COVER SHEET SHEET 1 OF 5 2/J/26 WEST YARMOUTH, MA 02673 J08 NO. 5-0113..00 " PLAN ACCOMPANYING PETITION OF WIWAM A. HEARN. UCENSE PLAN NO.~..........._-=-=-........._-.-lRUSTEE OF THE RIVER STREET NOMINEE TRUST TO CONSTRUCT AND MAINTAIN A FIXED PIER, AND KAYAK RACKS AND RECONSTRUCT AND MAINTAIN AN EXISTING BULKHEAD IN THE EXISTING FOOTPRINT AT 104 RIVER STREET. IN AND OVER THE WATERS or THE BASS RIVER I SOUTH YARMOUTH, MA (BARNSTABLE COUNTY) Approved by Department of Environmental Protection of M,~~use ~ \jj lJ ty sJ 2{J2Jp I l I I l I I l I CERTIFY 1HA T THIS PLAN CONFORMS TO THE RULES AND REGULATIONS Of' THE REGISTERS OF DEEDS OF THE COMMONWEA TH OF MASSACHUSETTS. FOR REGISTRY USE ONLY N/F ROBERT BRUCE HEICK 96 RNER ST ~IIAP4J PN«E.. 4J >SEO Mm.£ EXISTING WOOD BULKHEAD OOC,SE 13 -385 MHW O BULKHEAD fORCm EXISTING CONDITIONS SHEET 2 OF 5 2/l/26 ( PLS · .. ''.?'>.;~,:,:• ; PLAN ACCOMPANYING PETITION OF WILLIAM A. HEARN. TRUSTEE OF 1HE RIVER STREET NOMINEE TRUST TO CONSTRUCT AND MAINTAIN A FIXED PIER, AND KAYAK RACKS AND RECONSTRUCT AND MAINTAIN AN EXISTING BULKHEAD IN THE EXISTING FOOTPRINT AT 104 RIVER STREET. IN AND OVER THE WATERS OF THE BASS RIVER IN SOUTH YARMOUTH, MA (BARNSTABLE COUNTY) 2/J/26 DATE ·• ib ,,, 1 /.r ' t I I 0 10 20 40 mr Prepared by: BSC GROUP ll INC. 349 ROUTE 28, UNIT D WEST YARMOUTH. MA 02673 JOB NO. 5-0713.00 LICENSE PLAN NO. WUJD\ -Otf:J:) 1 'o~ Approved by Department of Environmental Protection Date: J U ?{) 2.(,) Z1o I CERTIFY THAT nus PLAN CONFORMS TO THE RULES AND REGULATIONS Of THE REGISTERS OF DEEDS OF THE COMMONWEA TH Of MASSACHUSETTS. FOR REGISTRY USE ONLY ' DISTING WOOD BUUO£AO OOC,SE83-JBS MHW O BULKHEAD FORa:o DIS1HC TIE 8ACKS(TYP.) TO BE RDiOJED MD REPlACm\lllH HEUCAL MC:HmtL,lillllf" ~ ~ PROPOSED RU. 1,a&:tS.f. j''l<l BEHIND RMSm WALL , -.. DISTINC DECK )SEO MTilE TOE REPLACED 13 ONCE CONS1RUCTION ,, IS COMPLETE. \ \ \ PROPOSED CONDITIONS SHEET 3 Of 5 2/J/26 PLS PLAN ACCOMPANYING PETITION OF WIWAM A. HEARN, lRUSTEE Of' THE RIVER STREET NOMINEE TRUST TO CONSTRUCT AND MAINTAIN A AXED PER. ANO KAYAK RACKS AND RECONSTRUCT AND MAINTAIN AN EXISTING BULKHEAD IN THE EXISTING FOOTPRINT AT 104 RIVER EET. IN AND OVER THE WATERS OF THE BASS RIVER IN SOUTH YARMOUTH. MA (BARNSTABLE COUNTY) ( 2/J/26 DATE ~·I.ADDER ~ 8'X18' Axm PIER a. 8.5 I r"'f.:'-'.~-.:__~ WATIER'✓~ SCALE: 1'" ;;; 20" 0 10 20 Prepared by: ,DEPENt>MT :BOX ON Pl BSC GROUP II INC. J49 ROUTE 28, UNIT D WEST YARMOUTH, MA 02673 LICENSE PLAN No. wwo\., ~0Do1 e~ Approved by Department of Environmental Protection Date:Jul &) ~2.lp I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF' THE REGISTERS Of DEEDS Of 1HE COMMONWEA TH Of MASSACHUSETTS. FOR REGISTRY USE ONLY n10" ~ 10 ,-------..IIO[..l • PLS 2/J/26 DATE I I 5 L_BASSRIVER _____ -----I I I : ~: ~-~~~~~:~~~:•:~:~:•=-:::•-=•-,•-;•-;•_-_•-.•-_•-111'111•-Tin;,.,•=_,,,_c•~•~ I DiS1ING GM>E nt oJC EXl5INi m-;;;;, ':s I 9SIEM1'0E I ~ 1111 Pl.#U 10 L------------------------1 fU.KHQD P80fl f 6-6 PROPOSED RAMP 20 10. MHW1.B: _ 39'± FROM MHWTO END PROPOSED FIXED PIER DECK ELEV. = 6.5 4' WIDE \"ATH PlUNGS MLW -22 • • • • • • • • • • • i11r~'T'rftiTirrit~~,.;J.I~ EXISTING WOOD -10 · BULKHEPD TOP OF WALLEL.=4.0 -20 PUBLIC ACCESS -5· MIN. CLEARANCE -SCALE: 0 5 10 20 ,m PROPOSEDNEVv'12"DlA .. PT. P1UNG TOP= 10.0 BOTTOM .{MIN 12' BELOW GR.PDE . . . . .. _20 PROPOSED FIXED PIER .10 PROPOSED LADDER : o MHW1.5 • • • • • • • • • • • • MLW-2.2 PROPOSED BOTTOM OF RIVER . KA.YAK RACK . 0+00 0+20 0+40 0+60 0+80 1+00 PER PBOfU 1--1 SCALE: ---. 0 10 CROSS SECTIONS SHEET 4 OF 5 2/3/26 PLAN ACCOMPANYING PETITION Of WIWAM A. HEARN. TRUSTEE OF THE RIVER STREET NOMINEE TRUST TO CONSTRUCT AND MAINTAIN A FIXED PIER, AND KAYAK RACKS AND RECONSTRUCT AND MAINTAIN AN EXISTING BULKHf.AD IN THE EXISTING FOOTPRINT AT 104 Rt\lER STREEI. IN AND OVER THE WATERS OF THE BASS RIVER IN SOUn-t YARMOUTH. MA (BARNSTABLE COUNTY) Prepared by: BSC GROUP. INC. 349 ROUTE 28, UNIT D WEST YARMOUTH, MA 02673 JOB NO. S-071100 LICENSE PLAN NO. \NvJOl --DOD0104 Approved by Department of Environmental Protection Date: JU\ 3() ~ FOR REGISTRY USE ONLY PROP. PUNG (TYP) I CERTIFY THAT lHIS PLAN CONFORMS TO THE RULES ANO REGULATIONS Of THE REGISTERS Of DEEDS OF THE COMMONWEA 1H OF MASSACHUSETTS. 2/3/26 DATE Et-o• ......... --==--=-------. ---1• ... 5"' l!torrllc-v• 2111x8111 FRAMING -... 1 Ra;;.A 1 lil:!111 o c DECKING OR u " • EQUN'ALENT LAG BOLTS (NP) ---1irr---tt--tt--STORAGE BOX---. ON PIER FRAMING TO BE REINFORCED WllH GALVANIZED SEATS WITH BRACKETS PU END DETAILS SCALE: NONE DETAILS SHEET 5 OF 5 2/J/26 PLAN ACCOMPANYING PETITION OF WIWAM A. HEARN. TRUSTEE OF lHE RIVER STREET NOMINEE TRUST TO CONSTRUCT AND MAINTAIN A AXED PIER, AND KAYAK RACKS AND RECONSTRUCT AND MAINTAIN AN EXISTING BULKHEAD IN THE EXISTING FOOTPRINT AT 104 RIVER STREET. IN AND OVER THE WATERS OF lHE BASS RN'ER IN SOUTH YARMOUTH. MA (BARNSTABLE COUN1Y) Prepared by: BSC GROUP, INC. 349 ROUTE 28, UNIT D WEST YARMOUTH, MA 02673 JOB NO. 5-0713.00 LICENSE PLAN NO. \}J\JJOl-0000'1~~ Approved by Department of Environmental Protection Date: j U t JO I 2_01Jo