HomeMy WebLinkAboutDOA 6.19.1998310 CMR 10.99
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Commonwealth
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DEP File Na.
(To be prwiaW by DEP)
City Town YARMOUTH
Aaplicant CURRAN/HANNON
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
ToLeonard Curran/John Hannon
(Name of person making request)
Address 41 Center St., YarmouthPort
same
(Name of property owner)
Address Game
This determination is issued and delivered as follows:
f3 by hand delivery to person making reauest on June 19, 1998 (date)
-T4 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):
�tion• Street Address 314 North Dennis Road, YarmouthPort , MA
,..:t Number. Lot T2
1. 17 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 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 filing of a Notice of Intent.
Effective
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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. X 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 YARM UTH Conservation Commission
This Determination must be signed by a majority of the Conservation Commission.
On this �� day of �JU/�� 19 9 r before me
personally appeared. P e7AC R� , to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledged that hershe executed
the same as is; her fro � nd`�
Notary Public My commission expires
This Determination does not relieve trio applicant from complying with all other applicable leoeral, state or local statutes. ordinances,
by-laws or regulations. This Determination shall be valid for three years form the date of issuance.
The applicant, the owner. any person aggrieved by this Determination, any owner of land abutting trio land upon which the proposed work
is to be done. at any ten residents of the city or town in which such land is located, are hereby notillso of their right to reouesl the Department
of Environmental Protection to issue a superseding Determination of Applrcabilny, providing the request is made by certiLeo trail or hand
delivery to the. Department. with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from
the date of mu once of this Determination. A copy of the request shall at the same time be sent by artif ied mail or viand delivery to the
Conservation Commission and the applicant.
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