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HomeMy WebLinkAboutDOA 11.23.1999--�b.cafk ftarbudd ------ Town of Yarmouth wetland sy.Law Bureau of Resource ProWdon — Wetlands Chapter 143 . WPA Form 2 w Determination of Applicability Massachusefts Wetlands Protection ActM.G.L c. 131, §40 inn U General information Front YARMOUTH Ca="W Ca ron 1. Applicant Robert Davis VTNgeR°2.11 Road MI&VA&W Southborough WON MA 01772 SUN roCQ* 2. Property Owner. Same As Above AbmrWPrgoary0wr(dd�ertam�p�ianq Aht VAMW SLa To Cott Defetminatlon Pursuant to the authority of M.G.L C.131, §40, the Yarmouth has caaidued your Request for a Deternn nation of Applicability, with Its supporting documentation, and has made the following Determination regarding: 177 River Street SWuth Yarmouth, MA 02664 34 291 AueQariM*ft/ Peal 3. Title and Final Revision Date of Plans and Other Document Site/Location Plan for Robert Davis, 177 River St., S.Yarmouth Ka=ch i f fs Department d En1ft=6VW PMtr H4V Town of Yw=ourtb wetland sy-Lzw • Bureau of Resource Pmtecdon — Wetlands Chapter ins • , , WPA Form 2 - Determination of Applicability Massachusetts Wetlands ProtectionActM.G.L c. 131, §40 Determination (cont) The following Oetemmination(s) Ware applicable to the proposed site and/or project relative to the Wetlands Protection Act and Regulations: Positive Determination S. 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 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 pursuant to the following wetlands law, bylaw, or ordinance Abbreviated Notice of Intent) has been received from the (name and citation of law). Issuing authority (I.e., conservation commission or the Department of Environmental Protection). = 1. The area described on the plan(s) referenced above, which includes all or pant 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. 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 a8 decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determina- tion is valid. However, the boundaries of resource areas not listed directly above are mgt confirmed by this Determina- tion, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. 3. 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 an area subject to Protection under the Act and will remove, fill, dredge, or after that area. Therefore, said work requires the filing of a Notice of Intent. C 4. The work described on plan(s) and documents) referenced above, which includes all or part of the work described in the Request, is within the Buffer Zone and will after an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent C 6. The following area and/or work, ff any, is subject to municipal bylaw but mg); subject to the Massachusetts Wetlands Protection Act: C 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) : 13 Alternatives limited to the lot on which the project is located. Q Alternatives limited to the lot on which the project Is located, the subdivided lots, and any adjacent lots formerly or presernty owned by the same owner. C 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. C Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Massacbnseffs Depaftenf of EnvironmeaW ProtecHon Town of Yarmouth Wetland By-law Bureau of Resource Protection — Wetlands Chapter 143 WPA Form 2 = Determination of Applicability Massachusetts Wetlands Protection ActM.G.L a 131, §40 0 Determination (coot.) Negative Determination :1 5. The area described in the Request is subject to protection NOW No further action under the Wetlands Protection Act under the Act Since the work described therein meets the Is required by the applicant However, It 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 Deterndnation 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- EOV'L'"h' marked for certified mail or hand delivered to the Depart= -- ------ -- -- mend. 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 Determinations are listed at the end of this document. C 1. The area described In the Request is not an area subject to protection under the Act or the Buffer Zone. C 2. The work described in the Request is within an area subject to protection underthe Act, but will not remove, fig, dredge, or after that area. Therefore, said work does not require the filing of a Notice of Intent. X3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not after an Area subject to protection under the Act Therefore, said work does not require the fling 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 NA=0fAranln0# pursuant to a municipal wetlands law, ordinance, or bylaw, (name and citation of bylaw). Authorization This Determinatio st 1,1 d " This Determination is issued to the applicant and delivered as follows: Z by hand delivery on A0 f7 by certified mail, return receipt requested on 11-23-99 nm 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. "I" e s gne by a mahonty of the conservation commission. A copy must be sent to the appropriate Department of Environmentai Protection regional office (see appendix A) and the property owner (if different from the applicant). 11, zl . 1 d / 11-23-99 A/assachUSdb Deparfineat of &d D=gala/ PfOMCHon 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 a 131, §40 U 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_ bon of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate Tiling 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 Detenninadon. A copy of the request shah at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant If hatshe 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.