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Home My WebLink About14 Buttercup Lane DOAtr Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, S40 Town of Yarmouth Wetland By-Law, Chapter 143 A. General lnformation From: Yarmouth lmporlant: When lllling out forms on the computer, use only the tab key to move your cursor - do not use the retum key. Conservation Commission To: Applicant Catherine & Paul Llanes Property Owner (if different from applicant) Name 14 Buttercup Lane Nam e Mailing Address South Yarmouth Mailing Address MA 02664 -,,,^City/Town State Zip Code City/Town State 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Sketch - Plan Accompanying Petition to Build, License, and Maintain a 912312005 Stairway & Walkway in Bass River Date Zip Code Tifle Title 2. Dale Request Filed 715118 Date B. Determination Pursuant to the authority of M.G.L. c. 131, $ 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable) Build a 3 season sunroom (12'x18') on back existing deck, build a rinsing station (7'x8') attached to back corner or house. Project Location: '14 Buttercup Lane South Yarmouth Street Address 119 Assessors Map/Plat Number @alo.m2 doc. Deleminalion of Applieblitv ' rev 1214 Parcel/Lot Number Date City/Town 34.3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Appticability Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 Town of Yarmouth Wetland By-Law, Chapter 143 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of lntent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplilied Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection) E 1 . The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of lntent. ! 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. n 2b. The boundaries of resource areas listed below are !g! confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determinatron. n 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of lntent. ! 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of lntent or ANRAD Simplified Review (if work is limited to the Buffer Zone). E 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Yarmouth Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw Name Ordinance or Bylaw Citatjon wparorm2 d@. Oerem na!o. olApplcabiity. rev. 12l14 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Appticability Massachusetts Wetlands Protection Act M.G.L. c Town of Yarmouth Wetland By-Law, Chapter 143 131 , S40 B. Determination (cont.) E 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but !q! sub.iect to the Massachusetts Wetlands Protection Act: n 7. If a Notice of lntent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at '10.58(4)c. for more information about the scope of alternatives requirements): E Alternatives limited to the lot on which the project is located. n Alternatives limited to the lot on which the pro.iect is located, the subdivided lots, and any adjacent lots formedy or presently owned by the same owner. E Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. E Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. E 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. E 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of lntent. X 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of lntent, subject to the following conditions (if any). Plantings shall be moved to the top of the bank. The rinsing station shall be connected to the existing drywell. n 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of lntent, unless and until said work alters an Area subject to protection under the Act. wpafo.m2.doc. OetemitutionolAppliebilly.rev 12l14 ):- Massachusetts Department of Envi ronmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c Town of Yarmouth Wetland By-Law, Chapter 143 131, S40 B. Determination (cont.) E 5. The area described in the Request is subject to protection under the Act. Sance the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of lntent is required: Exempt Activity (site applicable statuatory/regulatory provisions) E 6. The area and/or work described in the Request is not subject to review and approval by: Yarmouth Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw Narn e Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: n by hand delivery on d by certiileO mail, return receipt requested on *a *V,n.*-.- <, Date Dale This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a ma.iority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see htto://www. mass.oov/eea/aqencies/massdeo/abouUcontacts/) and the property owner (if different from the applicant). signatures Date wpalorm2 doc . Oete.minaton or Apph€bil ly . rev 1 Z1 4 lo z .t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 Town of Yarmouth Wetland By-Law, Chapter 143 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://www. mass.oov/eea/aoencies/massdeo/abouUcontacts/) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmenlal Protection has no appellate jurisdiction. wpalorm2 doc . Deleminaljon of Applicab lily. rev. 12l14 tr Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131 , $40 DEP File NLrmber Provided by DEP lmportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Request lnformation 1 . Location of Project a. Street Address b. City/TolMr, Zip Narr e Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): 3 Name Mailing Address City/Town Phone Number 4. DEP File Number Fax Number (if applicable) State Zip Code B. !nstructions 1. When the Departmental action request is for (check one): I Superseding Order of Conditions - Fee: $120.00 (single family house projects) or $245 (all other prolects) ! Superseding Determination of Applicability - Fee: $120 ! Superseding Order of Resource Area Delineation - Fee: $'l20 Send this form and check or money order, payable to the Commonweafth of Massachusetls, to Department of Environmental Protection Box 4062 Boston, MA 0221 1 wpafoh2.d@. Requesl for Deoanmenial Aclron Fee Transminat Fom . rev 12714 c. Check number d. Fee amount 2. Person or party making request (if appropriate, name the citizen group's representative): Massachusefts Department of E nvironmental Protection Bureau of Resource Protection - Wetlands Request for Departmenta! Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131 , $40 B. lnstructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htto://www. mass.oov/eea/aoencies/massdep/abouVcontacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. DEP File Number: Provided by DEP wpafo.o2 dG. Reqoesl lor Oepanmenral Adion Fe€ Transminar Fom ' rev 12114 \-- \