HomeMy WebLinkAboutDOA 1998310 CMR 10.99
Form 2
Commonwealth
` of Massachusetts
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COPY I (ro b. ao.wd br DM
City Town )LARMOUTH
Applicant BARBARA KIRKPATRICK
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 Barbara Kirkpatrick
(Name of person making request)
Same
(Name of property owner)
Address
89 Acres Avenue, Address Same
West Yarmouth, MA
This determination is issued and delivered as follows:
by hand delivery to person making recuest on (date)
K: by certified mail, return receipt requested on November 9 , 1998 (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 89 Acres Avenue, West Yarn
Lot Number. I J42
1. ❑ 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 alVpart of the work described to your request, is within
an Area Subject to Protection Under the Act and will remove, fill. 1. dredge or after that area. There-
fore. said work requires the filing of a Notice of Intent.
Effective
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3. ❑ 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.
arts Determination is negative:
1. ❑ The area described In your request Is not an Area Subject to Protection Under the Act.'
2. C The work described in your 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 flying 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 after an Area Subject to Protection Under the Act. Therefore. said work does not require the
filing of a Notice of Intent.
4. C 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:
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This Determination must be signed by a majority of the Conservation Commission.
On this cS day of
personally appeared AA e- e,
19 ?9� before me
, to me known to be the
person described In, and who executed, the foregoing instrument, and acknowledged that heishe executed
the sam his/her tree act an deed. --- - — _
Sv.. e�—
Notary Public My commission expires
The DeMrmnsoon was not relieve Iris apphca t from Comdymg with as ofner 110e12ea23le I*Oef*L sate or 10C111 $tances, Onmar ces.
tiWaws or regu torrs. Tft Defermnom still be vaw for lives yeses form the We of astrrmee.
Tree appkntd•ttu owne4 any pwm aggrwved by tics Dstennuurion, anY owner of fares abtddnq tfte lane Upon VV a ft the trro0osed work
into be aorw, or any an faidema of Ina my ortown in whkxt suer land is baud. are ne" naarso of Varr rim to furimthe Depan=fd
Of Envftm=nW Praaebon to own a Superseding Deemnimeiat of ApOaDildX paviding ten request is muds by eertduo marl a nand
delivery 10 the Departmsnf• with the aWapttate flung tee and Fee Tmnwv=W Form as provided In MO CUR t0.03(r) wkhm ten nays trap
In ilea of biue ce of lids Deumdnation. A copy of the request WW at tru same urns be aril by Candied mail or nand delawy to trta
Connrveiat Condnission and the appham
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