25-078 (4) DEP LIESTERN REGION Fax:4137841149 Jul 29 2004 15:45 P.06
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COMMONWEALTH OF MASSACHUSETTS x
EXECUTIVE OFFICEOF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE -r
986 Dwight StmetSpringfield.Md9sachuseus 01108. (413)784'1100
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ELLEN ROY HERZFEMXR
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` N.PBRY tiEAi.EY ROOM W.001
F'P wemnt Ca.emor Comml
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Russell J.Myene Q�G6 m e
&6Riverbank Road i s
g '' Northampton,MA 01060
^ 'RE: CHAPTER 91 WATERWAYS LICENSE
Watenrays License Application No.124251,DEP File p W96-9494
Connecticut River,Northampton,Hampshire County
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he Departmrnt of Environmeptal Protection has located the application referenced above and filed with
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this office purslmnt to M.G.L.c. 91,the Public Waterfront Act and its regulations 310 CMR 9.00. A copy
of the application and the review shea are enclosed. In accordance with the regulations at 310 CMR
9.11(5)(a),the Dei utmant has determined that the license application submitted Noninba 20, 1996,has +
1 expired. The interim approval you sought is no longe a valid option for licensing under c.91. In its
review of the site plan submitted,this office has found that the square footage of the dock exceeds the six
hundred(600)square foot allowance for a simplified license(BRP W W06). Therefore,you are required
to file a BRP W Will (Crencral)license application. Please review carefully the requirements for this
slicense application. a
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If you have say questions,please feel free to contact Jeremiah Mew of this office at(413)755-2265.
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1$P WtSIERN REGION Fax:4137841149 Jul 29 2004 15:46 P.O?
310 CMR:DLPARFMENT OF F.WIRONMF.NTAL PROTECnON -,
9.27: continued
(2) above the high wares Durk,ifthe Department determines that continued existence ofmid strucmref
will have a significant adverse es"t on the public interests served by MOL.c.91.
n , ' Such removal shall take place upon written notate to and at the direction of the Deparmim t
9.28'. Amnesty
(1) Omens Notwithstanding the provistonsof310CMR9.09(2),certtainsubatandveandprocedsual
standards of 310 CMR 9.11 through 9.55 shall tot apply to the licensing of existing ummaborind fill
r : or structure provided the Department received an application b2 October 4, 1996. FsvWesmore,
during the.9,period the Department may postpone me requueseent to obtain a Interim for certain
small-scale watwdependeut structures on residential property by issuing an interim approval fu said
structures. The Department will inhume vnforwmcut action to require the Knievel or licamiag ofauy
such erncturepursuant to 310 CMR 9o only upon the expiation or revocation of the interim approval
or the variation of the terms and conditions thereof Afterthe close of the amneslyperiod,the Deparmhmr
will require sine[compliance with all provisions of 310 CMR 9.00 and will take enforcemey action ;
including the assessmcrit of pesuluts if appropriate,to ensue that all unauthorized fill and structures
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[ 4 i a2 either licensed or removed. -
(2) Projects ' h May Ben h rte
` (a) An application for a license under the amnesty program may be submitted only for a project c
t consisting entirely of the continuation in tare ofcxisting fill or structures antlereviously Militarized
j or for which is grant or license is not presently valid pursuant to 310 CMR 9.00,provided that.
1, said fill or structures have been in use since January 1,1984,andmsmau[hwind substmLl
change in use or substantial atuctaml alteration has occurred since that daze;and rz#
2. an applicationhac been fled with the Deputmentby October 4,1996,
(b) Ar application form interim approval under the amnesryprogrmt may be submitted onlyfor
a project meeting the criteria of 310 CMR 9.28(2)(a).and which consists entirely of an existing
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dock,pier,seawall,bulkhead,or other small-scale water dependm[suuenue that is accessory to
single family residence.
44 - (3) Standa[d5lor AppI1441A0➢SS1M_mr Amnpty Prom. For purposes of authorizing my project
` under the amnesty program, the applicable substantive standards found nt 310 CMR 9.07 and 920
through 9.27,effective September 15,1978,shall remain in full force and effect in Reuofthe svbsuntve
n standards istund at 310 CMR 9.31 through 9.60.
4 (4) Prnceduresfm AnnliutimallnderAmnnty Prrv.am. Fupurpose of aphonzpgprojeclsunder
the amnresryprogun,the applicable procedural rules found at 310 CMR 9.11 through 9.30 shall be in
effect,except for any none schedule for Department action specified therein,and except M modified in
accordance with the Coilowi og provisions.
` (a) Plans, 310 CMR 9.11(2)and(3). It the case of an application for an mgnm approval,the .a
� - plan need not be certified by a Registered Prnfeuwooi EnBinccr or ICegistmed Lend Surveyor Q '
the fill or sWcmre is accuately drawn on ucaled planin accordance with application inaUssetiom �,.�si(('
51 isued by the Department.
t (b) Other Sure mid Local Approvals,310 CMR 9.11(4): In the case often application form
interim approval,except for guy project located in an ACP.O,the applications aced not provide _
, ._. evidence,ofcomphance wlhtheapplicablestane and localrequiremenh,and the Deparuums shall
• presume compliance with these requbennents rimless the Depaztnent receives information to the -
ti t-
country during the public"...or period.
(c) Terms, 310 CMA 9.15: In the case of an application for an amnesty, licensefor a
waterdepeMcnt use project on Commonwealth tdelmds,the lieenseterr,shall be 99years unless
t the Department dttcrmm<s that a shorter term is neceuary to protea the public interest in said n
lands. N the case of an application for an interim approval,said approval&hall expire in 30 yeah v•,
unless the affected property is transferred to a new owner for valuable consideration,in which
( �• case sap approval shall expire one year from the data of recording of the transfer at the Registry
_ of Deeds.An Micron approval shat$not be renewed upon expiration,anther authonzatiW from .
the Department mutt be obtained in is.four of a limen...
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428410(pdead cMAIM) 310CMR-297
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