HomeMy WebLinkAboutDOA 10.1.1998310 CMR 10.99
Form.2
Commonwealth
of Massachusetts
OV File No.
COPY
City Town
(ro be oraraed br OEP)
YARMOUTH
Applicant JAMES N. BURKE
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c.1317 §40
and the Town of Yarmouth Wetland Bylaw
From Town of Yarmouth Conservation Commission Issuing Authority
To James N. Burke
(Name of person making request)
Address 18 Channel Point Dri vP
west Yarmouth, MA
This determination is issued and delivered as follows:
Same
(Name of property owner)
Address Same
by hand delivery to person making request on October 6, 1998 (date)
Q by certified mail, return receipt requested on (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):
.ocation-StreetAddress 18 Channel Point Dr; =A =} var..,.,utka MA
Lot Number 109
1. D The area described below, which includes allipart 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. Z The work described below, which includes all/part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There-
fore. said work requires the firing of a Notice of Intent.
Effective
2-1
3. O
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. O The area described in your request is not an Area Subject to Protection Under the Act.
2. O 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.
3.0 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. O 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
Signat rer( Zar
This Determination must be signed by a majority of the Conservation Commission.
On this /S-/- day of
personally
19 , before me
, to me known to be the
person described in, and who executed. the foregoing instrument, and acknowledged that he. she executed
the same his; her fr act a d4eed.
ov
Notary Public My commission expires
This Detemwotton does not relieve the applicant from complying with all other applicable federal. state or local statutes. ordinances.
fry -laws or regulations. This Determination shall be valid for three years form the Gate of issuance.
The apPhcant, the owner. any person aggrieved by this Determination. any owner of land abutting the land upon which the proposed work
is to be oone, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department
of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mad or hand
dewvery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten oays from
the date of issuance of this Determination. A copy of the request shall at the Same time be sent by certdbo mail or hand delivery to the
Conservation Commission and the applicant.
2.2A