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Home My WebLink AboutRDAwpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 YARMOUTH City/Town A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: 2 Buttercup Ln Realty Trust Name AleksandrNemanov@gmail.com E-Mail Address 9 Payson Rd Mailing Address Belmont City/Town MA State 02478 Zip Code 339-208-0340 or (Linas)774-228-3462 Phone Number Book 34104 Pg 157 Fax Number (if applicable) 2. Representative (if any): Wet Tech Land Design, Inc Firm Wayne Tavares PWS LA Contact Name wettechlanddesign@gmail.com E-Mail Address PO Box 1580 Mailing Address Sagamore Beach City/Town MA State 02563 Zip Code 508-642-7701 Phone Number Scanned e-mails only Fax Number (if applicable) B. Determinations 1. I request the Yarmouth Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Yarmouth Riverfront Area Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 YARMOUTH City/Town C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 2 Buttercup Ln Street Address Yarmouth City/Town 119 Assessors Map/Plat Number 33 Parcel/Lot Number b. Area Description (use additional paper, if necessary): The lot fronts on what has been historically "FOLLINS POND". It is shown that was on various maps including the Yarmouth Asssessors Map. The Town of Yarmouth is stating that this body of water is realy a Riverfront Area, which we strongly disagree. A Narrative is supplied to address certain facts away from the "RA Theory" into the actual realm of Coastal Bank. c. Plan and/or Map Reference(s): Existing Conditions Plan for: 2 Buttercup Ln for: 2 Buttercup Ln Realty Trust Title June 16, 2021 Date by MacDougall Survey Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Site has been delineated has having a Coastal Bank with a TOB and a Salt Marsh adjacent to Follins Pond. Thissite is too far from (518 LF) the centerline of a short river connnecting Follins Pond with Kelley's Bay to be absorbed into Riverfront status. The angle of entry into Follins Pond by said River is too obtuse (118 degrees) to be anything but a clear divergent from this river's standard geography. The embayment that empties into the river also has a narrowing strait (actually 2 straits in Follins Pond) whose width at 805 LF is approx 3.25 times (x) the normal width (247 LF) of the actual (unnamed river) The shape factor of this tertiary embayment of Follins Pond is clearly different from that of the actual river mandating that it acts a a collection embayment to the river and not part of the riverine system itself.. wpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 YARMOUTH City/Town C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). The applicant wishes to file a NOI with the proper resource area nomenclature that of a Coastal Bank. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) Tax records wpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 YARMOUTH City/Town D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: 2 Buttercup Ln Realty Trust Name 9 Payson Rd Mailing Address Belmont City/Town MA State 02478 Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant 09-23-2021 Date Signature of Representative (if any) 09-23-2021 Date Wet Tech Land Design, Inc Wayne Tavares LA PWS CS