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Home My WebLink AboutDOA 2.10.2003v Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 6Q Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information From: YARMOUTH Conservation Commission To: Applicant Ron & Barbara Drollett Name 23 Churchill Road Mailing Address - Plinn on MA 02367 Cityrrown State Zip Code 1. Title and Date of Final Plans sand Other Documents: Property Owner (if different from applicant): Name Mailing Address Cityrrown State Zip Code Site plan for Ron & Barbara Drollett 1/24103 Tale Final Date (or Revised Date If applicable) 2. Date Request Filed: i-q&n-i B. Determination Pursuant to the authority of M.G.L. c.131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Construct an addition & garage to existing single family dwelling. Project Location: 38 Kelley Road South Yarmouth Street Address Cityrrown 61 49 Assessors Map(Plat Number Parcel/Lot Number WPA Fam 2 Page t d 5 R" 1170) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) istare 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 Omer of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing _authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1, The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling; dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) 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 Determination is valid. ❑ 2b. The boundaries of resource areas listed below are blot confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. s fan(sY'anddocrimen,(S)-_' within an areasubtect lo. ` protection under -the Ad:and will remove, fill, :dredge or alterthat area.Therefore said worts _ requires the filing ofa Notice oflntent ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the.AcLTherefore, said work requires the filing of a Notice of Intent. .l ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name or Bylaw WPA Porte 2 Rw JPKn Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 13,1, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but no subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work In the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following altematives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ 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. ❑ 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. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant However, if the Department is.requested to issue a Superseding 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. Department. Work may then proceed atihe owner,'s ruk'only upon.notice to the Department and. to the Conservation Commission. f2equrrements for requests for3upersedrng Determrnatwns are listed at the end ?of this document.. ' ❑ 71 The area described in the Request is not an area;subjeeito protection under. the Act or the Buffe Zone t F -. ai Yi.%l1Y hJ �� r< a F .• >""' 4A .r •-h wa++5:k+ i ,. M L �h 9 +. ..... 1 d 1`f ih 1 Aj t ❑ 2{The.workdesciibed rgthe itequest is within an area subject to protection under the A.: ct, but will not reiriove; 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 filing of a Notice of Intent, subject to the following conditions (if any). t yi ❑ 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 Inter unless and until said work alters an Area subject to protection under the Act. WPA Fam i Rw MW Massachusetts. Department of Environmental Protection Bureau of Resource -Protection -Wetlands WPA.Form 2- Determination of Applicability 4 JfAas"sachusetts Wetlands Protection Act M.G.L. c. 131, §40 �+ B. Determination (cont.) ❑ 5. The area.described in the Request is subject to protection under the Act. 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: Exempt Activity (site applicable statuatory/regulatory provisions) ❑ 6. The area and/orwork.described in the Request Is not subject to review. and. approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on 2-10-03 I Date Date This Determination is valid for three years from the date of issuance (except Determinations for , .Vegetation_ Management Plates which are valid for th,a duration of the Plan) This Determination does not -`.relieve the apphcant irom'complying with aA otherapplicable federal, state,or local statutes ordinances, bylaws, or regulations L I ThisDeteimrniGon in be signedby,a majonty of t#ie Conservation Comrrussron A copy nwst.be sent t ,n to the: appropriate DEP Regional Office (see ppendiic A) andahe piopetty owner(if different from the .applicant): D g atures �r 27 •'�� _2-06-03 Date WPA Form Z Rev COM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, 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 (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing 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 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 appeAant r The, request shall state dearly and concisely the objections, to_ the Determination which is being r ' appealed. To the extent that the Determination is based on a "municipal ordinance or bylaw and not'' on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. i - r r tt b 1 .Y �4 � 5 1 1 ♦ I .r 3� 3 4 4 ,IT m m if f , WPA Fp 2 R" COM