HomeMy WebLinkAboutRDA 1990Ktt%tI V tU
310 CMR 10.99
JAN 22 1990
Form 2
DEP He Mo..u n L10tlyf is Irr
To be provided by DEP)
Commonwealth ctyTown
YARMOUTH
sc of Massachusetts
ADplicarittoger & Ruth 8ibace
z_
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
and the Town of Yarmouth Wetland Bylaw
From Town of Yarmouth Conservation Commission Issuing Authority
To Roger & Ruth Bibace Same
Name of person making request) Name of property owner)
Address 29 Pomona Rd, Worcester, MA Address Same
This determination is issued and delivered as follows:
C by hand delivery to person making reouest on date)
B by certified mail, return receipt requested on January 19, 1990 date)
Pursuant to the authority of G.L. c. 131, §40. the Town of Yarmouth Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation• and has
made the following determination (check whichever is applicable):
Location: Street Address 100-B Wharf Lane. Yarmouthport• MA
Lot Number: 1
1. 0 The area described below,which includes all/part of the area described in your 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.
2. C The work described below,which includes all/part of the work described in your reouest, is within
an Area Subject to Protection Under the Act and will remove,fill,dredge or alter that area.There-
fore.said work recurres the filing of a Notice of Intent.
Effective 11/10/89
2-1
3. 0 The work described below, which includes all/part of the work described in your request, is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. 0 The area described in your request is not an Area Subject to Protection Under the Act.
2. 0 The work described in your 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 Intent.
3. The work described in your 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 Intent.
4. 0 The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations, no Notice of Intent is required:
Issued by TOWN OF YARMOUTH Conservation Commission
Signature , T i • t Y iiczrP F5 '4
7Wim/0,1
alatc
v /* GCL7#r,'i
This Determination must be signed by a majority of the Conservation Commission.
On this
CA°
y of ! 19 ?1, before me
personally appeared to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledged that hetshe executed
the sa s histher free act deed
otary Publ c My commission expires
This Determination ooes not relieve me applicant trom complying with all other applicable Ieoeral.state or local statutes.ordinances.
bylaws or regulations.This Determination snail be valid tor three years Corm the nate of issuance
The applicant.the owner,any person aggrieved by this Determination.any owner of lane abutting the land upon wnicn the proposed work
tato be done,or any ten resvoente of me city or town in which such lano Is tocatee.are hereby notified of tneir rignt to reauest the Department
of Environmental Protection to issue a Suberse0mg Determination of Appiicabtirty,proviaing me reauest is mace ov certihec mail or nand
delivery to the Department.w;:n the appropriate filing fee and Fee Transmittal Form as proviaed in 310 CMR 10.03 1 within ten Days from
the on of asuance of this Determination.A copy el the request shall at the same time De sent by cerifiea man or nano delivery to the
Conservation Commission and the applicant.
2.2A