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Home My WebLink AboutRDA 30 Highland stMAssaahusetts Department of EnVironmeni 1 PMtetfion Torre of Yarmouth Wetland By -Law Bureau of Resource Protection — Weffands Chapter 143 WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 U Genera! Information Front YARMOUTH tunic mm cal"tSM 1. Applicant aaerald Arne of Flow Au ivRM" Ong Glen Drive AU'kVAd&= East alpole, wow MA 02032 S+ ra cO& 2. Property Owner. Nurse cif t"Owv (d "r w kt mV#a4 Afa&V MOM C+' TOW" SW & Cadv Determination Pursuant to the authority of M.G.L c.131. §40, the YARMOUTH ccvwwoon coamasim has considered your Request for a Determination of Applicability. with Its supporting documentation, and has made the following Determination regareling: 30 Highland St., W. Yarmouth S&WAO= West Yarmouth 02673 sorrow► ZoC«* 16 158 ASsatMA40ft/ Paas4t I 3. Tole and Final Revision Date of Plans and Other Documents: Plan showing— rp operty at 30 .Highland street, W. Yarmouth R' ZN98 Page 1 of 4 .40 CEP Massactrusetts Departwot of Eaviraamenta! Protection Town of Yarmouth Wetland By -Law Bureau of Resource Protection -- Wetlands Chapter 143 WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M. G. L. c. 131, §44 Determination (cont.) The following Determinations) istare applicable to the proposed site and/or project relative to the Wetlands Protection Act and Regulations: Positive Determinatlan 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 Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., conservation commission or the DeparMW of Environmental Protection). 1. The area described on the plans) referenced above, which includes an or part of the area described in the Request~ is an area subject to protection under the Act. Therefore, any removing, filling, dredging, or altering of that area requires the filing of a Notice of Intent. :1 2. The delineations of the boundaries o1 the resource areas listed directly below, described on the plan(s) referenced above, which includes all or part of the area described in the Request, 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 Determina- tion is vald however. the boundaries of resource area not listed directly above are lI confirmed by this Determina- tion, regardless of whether such boundaries are coatairsed on the plans attached to this Determination or to the Request for Determination. 3. The work described on plan(s) and document(s) referenced abovk which includes all or part of the work described in the Request, 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 Intent. ❑ 4. The work described on plan(s) and document(s) referenced above. which includes all or part of the work described In the Request, is within the Buffer lone and will after an Area subject to protection under the Act. Therefore. said work requires the filing of a Notice of Intent. :1 S. The area and/or work described on plan(s) and documents) referenced above, which Includes all or part of the work described in the Request, is subject to review and approval by A4=ona rr pursuant to the following wetlands law, bylaw, or ordinance (name and citation of law). ❑ 6. The following area and/or work. if any, is subject to municipal bylaw but no subject to the Massachusetts Wetlands Protection Act: 7. If a Notice of Intent is filed for the work in the Riverfront Area described on plans and documents referenced above, which includes all or p rt of the work described in the Request, the applicant must consider the following alternatives (Refer to the Wetlands Regulations at 10.58(4)c. for more information about the scope of alternative requirements) : ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. C Alternatives limited to the original parcel on which the project is located, the subdivided parcels, arty adjacent parcels. and any other land which can reasonably be obtained within the municipality. Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Rev. t W98 Page 2of4 iaMassachusetts Department of Environmental Protection Town of Yarmouth Wetland By -Law Bureau of Resource Protection — Wetlands Chapter 143 WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 Determination (coat.) !Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant However, if the Department of Environmental Protection is requested to issue a Supersed- ing 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 Depart- ment. 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. 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. = 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or after that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in the Request is within the Butter 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 Intent. 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 Intent, unless and until said work afters an Area subject to protection under the Act. 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption. as specified in the Act and regulations, no Notice of Intent is required: Exutrp AZVk4(y '? 6. The area and/or work described in the Request is not subject to review and approval by ftwari4ouxwily pursuant to a municipal wetlands law, ordinance, or bylaw, (name and citation of bylaw). Authorization This Determination must be si ned b a ma"o " f th This Determination is issued to the applicant and delivered as follows: n by hand delivery on L1m )Ex' by certified mail, return receipt requested on }Lune_ 8. 1999 Da 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. g y 1 �y o e conservation commission. A copy must be sent to the appropriate Department of Environmental Protection regional office (see appendix A) and the property owner (if dittere4t trom the applicant). 1� Rev.10195 May 20, 1999 Da Page 3 of 4 DEP Massachnutts Department of Fxvfronmeata! PmtecUon 'town of YarMWth Wetland By-IL.aw Bureau of Resource Protection — Wetlands Chapter 143 WPA Form 2 -"Determination of Applicability Massachusetts Wetlands Protection Act M.G. L c. 131, §40 0 Appeals The applicant, owner, any person aggrieved by this Determina- tion, 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 whirls such land is locat4 are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office to issue a Superseding Determina- tion of Applicability. The request must be made by certified Haul or hand delivery to the Department, with the appropriate Ming fee and Fee Transmittal Form (see Appendix E 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 stall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination its based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Rev. t "a Page 4 of 4