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HomeMy WebLinkAboutDOA 37 Moss rd 02.09.2000DEP Massachusetts Department of Environmental Protection Town of Yarmouth Wedaod 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 General Information From: YARMOUTH Can vam Commission 1. Applicant Paulette J. Finnerty Name apw= ","V Requd 110 Black Oak Road MA 02493' spa, & coax 2. Property Owner. SAME AS ABOVE Nam offtWy,Omw(ddQWhmeppi M0 MAVAddW Gry/rawn Suo r+p CO& Determination Pursuant to the authority of M.G.L c.131, §40. the YARMOUTH 3. Title and Rnal Revision Date of Plans and Other Documents: Certified Plot Plan for Richard Finnerty prepared by Weller & Associates. CQ rM0 C =N=i= r . ,.- F,rQ yoor.liegoest taa Detanrrkraon ot.:.:.. , .,�•. `Applicability, with b supportlnQ docnimentatlori. and has r made the following Determination regarding: 37 Moss Road SbeerAabress West Yarmouth 02673 Ciy/rown rip Cade 21 59 Assessor Wig / Puceylaf / Rev. IG/98 Page 1 of 4 r Massacdrrset[5 Department of EnriraMeRW ProtecflOa 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 0 Determination (cone) The following Determination(s) Ware 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 Intent or Abbreviated Notice of Intent) has been received from the kmft „A,oM (te., conservuon commission or the ,�o�slrsrca�,. $, ❑ The area described on the plari(s) referenced above,' t which Includes all or W of the area described to 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. J 2 The delineations of the boundaries of 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- t io n is valid. However, the boundaries ofresource areas not ti� of Mi1gWs btu ,� t7. ��11W Yw1�r ' 7 on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on plan(s) and documents) referenced above, 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 :1 5. The area and/or work described on plan(s) and document(s) referenced above, which includes all or part of the work described in the Request, is subject to review and approval by n" ot"90wW 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 nZ 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 part 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) : p ,� Alma2M fuRited to the lot on which the project Is 1,,,. ❑ 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 ppa ceps,an y other land whichpcan reasonyably bent obtained within the municipality. C 4. The work described on plan(s) and document(s) C Alternatives extend to any sites which can reasonably referenced above, which Includes all or part of the work be obtained within the appropriate region of the state. described In the Request 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 Intent Rev.10198 Page 2 of 4 c.` : • Massachusetts Departmeaf of EAYimfimerrfal Protectlan 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. 1311 §40 U Determination (coot.) Negative Determination --3 5. The area described In the Request Is subject to protection Note: No further action under the Wetlands Protection Act under the Act Since the work described therein meets the Is required by the applicant. However, if the Department of requirements for the following exemption, as specified in Environmental Protection Is requested to Issue a Supersed- the Act and regulations, no Notice of Intent is required: 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 n 6. The area and/or work described in the Request Is not commission. Requirements for requests for Superseding subject to review and approval by Deftanaat m are listed at an and of this doaunaL I ., • .- ? O 1. Tha area described hi the Request Is not an area subject Y: to protection under the Act or the Buffer Zone. pursuant to a municipal wetlands law, ordinance, or bylaw, G 2. The work described In the Request Is within an area (name and citation of bylaw). 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 Intent 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 Tiling of a Notice of Intent M 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 alters an Area subject to protection under the Act Authorization This Determination must be signed by a majority of the This Determination is issued to the applicant and delivered 1loillorr��: - r ❑ by hand delivery on Date by certified mail, return receipt requested on February 9, 2000 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. conservation commission. A copy must be sent to the appropriate Department of Environmental Protection regional office (see appendix A) and the property owner (if efferent from the applicant). SI res: 1 / A � r4 Rev.10/98 February 3, 2000 ma Page 3of4 Massachusetts Departrent of Enviroameafaf Praabecffca T0Vrn of Yarmouth Weiland 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 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 which such land Is located, 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 cerfiffied mail or hand delivery to the department, with the appropriate (ding fee and Fee Transmittal Form (see Appendix E Request far Departmental Action Fee Transmittal Form) as provided in W= ten boson days tram Me dale ai .•. .9 1 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 bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.