Determination of Applicability 1999 �Rr,OUTH.M
P O�rnrtO Am y = DARTMOUTH BU/LO/NG DEPARTMENT
/ 000 Slocum Road
IRfi�' Dartmouth, MA 02747
MEMORANDUM
TO: Dartmouth Conservation Commission
FROM: David J. Silveira, Building Commissioner&Zoning Enforcement Officer
DATE: July 26, 1999
SUBJECT: Technical Review and Written Report on Request for Determination for
Map 66, Lot 2-30 (Lot 15), 5 Blueberry Lane (Robin A. Schofield)
***************************************************************************
After reviewing the above mentioned plan, I have found that this property is located in a
Single Residence B District and is an existing dwelling.
No construction proposed requiring no further zoning action.
DJS:bas
�' ff 2artmotilh
e ,, OWi2 O
O� G
so yy 400 Slocum Road • P, O. Box 79399
1e64• Dartmouth, Massachusetts 0274J-0985
CONSERVATION COMMISSION (508) 999-0722
E `_ 73 , t,: 31 FAX: (508) 999-0797
http://www.lown.dartmouth.ma.us
June 25, 1999
TO: Building Department
Department of Public Works
Planning Board
Board of Health
FROM: Dartmouth Conservation Commission
SUBJECT: Request for technical review and written report on the accompanying Request for
Determination and plans from Robin A. Schofield re: Map 66, Lot 2-30 (Lot 15),
at 5 Blueberry Lane.
Please review the attached Notice of Intent and plan(s). If you have any comments, please prepart
a report and submit it to the Conservation office by July 2, 1999.
Thank you for your cooperation and assistance in this matter.
66616I1n('
G RC:rc
rot
OIUiZ O/ 2)ctremouth
400 Slocum Road • P. O. Box 79399
•iees• % Dartmouth, Massachusetts 02747-0985
CONSERVATION COMMISSION (508)999-0722
FAX: (508) 999-0797
http:!!www.tow n.dart mout h.ma.us
DARTMOUTH CONSERVATION COMMISSION
NOTICE OF PUBLIC MEETING
Notice is hereby given that a meeting will be held in accordance with the provisions of the
Dartmouth Wetlands Protection Act, and M.G.L., Ch. 131, §40, the Wetlands Protection Act, on
the Request for Determination of Applicability from Robin A. Schofield regarding land located at
Map 66, Lot 2-30, (Lot 15)Blueberry Lane in Dartmouth. The meeting will begin at 7:00 p.m.,
in Room 103 at the Dartmouth Town Hall, 400 Slocum Road in Dartmouth, and all interested
parties should be present at that time.
Gerald Franklin
Chairman
CC: D.E.P.
Dartmouth Board of Health
Dartmouth Building Department
Dartmouth D.P.W.
Owner
Applicant
Engineering Firm
THE CHRONICLE:
LEGAL AD: Please run once in your issue of June 30, 1999
PRE-PAYMENT CHECK ENCLOSED
310 CMR 10.99 DEP Pik Na
(To be provided by DEP)
Form 1
aiyrro„, Dartmouth
wpr+icsa T67n A. ,SNp/r d
Commonwealth
of Massachusetts
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L c. 131, §40 &
The Dartmouth Wetlands Protection Bylaw
1. I, the undersigned, hereby request that the Dartmouth
conservation Commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131,
540.
2. The area is described as follows. (Use maps or plans, if necessary, to
provide a description and the location of the area subject to this request. )
Location: street Address J� Plue6Prry Lane
a Lot Number: /
3. The work in said area is described below. -(use additional paper, if
necessary, to describe the proposed work. )
Ile Praised wort' which 1 KouJd IiKe /o do Is iv
remove the cg-rvall/ of. /tush Mich be ins some 8-10 '_from foie
batch of my house, st C'on5i3'c of' /els of bn'ars and dOnfats
poISan children are no/ ob/e /o fay in Me hock
yard became We don 't really ha✓c a. yarn/ Zaa ble 7/c
we
y,Jrzyin� boil 04 tfie fro2n/t /ow) iihich /s open /a //e d'/mei
/1e are' resenily bclt/Iinq anelher case of �lorso/� ivy cis m y .Sc
Effective 11/10/89 [dent' info the- 1-1 e05 Sac//c of' oul f re r// It
rdl7eue cu hail and ik fib] clay brek old Wi/h cz, seise t
non. 'r undefoland 74ai f/e Ji ' athv//y zor t Whiff
is adjmoent o wefiands moil- be.. maintained cis exP/ainecy
. "to /ne by i✓iicbaei __D ' gcliy -ivben Ail ilk inspeohan
_..POS eem$leied and _ do _pink fags ,sere.. pvd 10
_- hove ne infeiifli1/2 . Uf ycM &ycnd "Act/ 36' / ,oc,-_ _ _
_ . Qchvi/y zvi)e,
._ _1. have, no iddano of reinouri,9, v _rndora .-
irees: .L: _ Oh* .wid to _proade_ nay eli/d n _.�fom6 pio
_cfpaee. In & . hang' of hie kaoe _ Zd ere,_ _We_ Cala/d_
_ be. able k Aitzie. a_ P.Aauk.ycecd "_ ___ ii__ order _do__
_.id l- T i)red_ . Ufa _yet .pern iss/an _ d _.26/2cue Me ht42/26,
i sh(s , poison wy, cie., aed ie iA is .. 10/11/4 _ dC.__-_
/CO bi/ gr zo,9e_.
1 sineejeiy app r care year Ame. a 4.d._eooderdor)
. to this i;idec_ am dp/n __;hd- o y _ m. � ieSf be
rd6rD e Ni . CL 'el /ii po s;�i'vL rEsu/f fc myse/ ' ancJ _my .die_ _
cf)&tyrivf
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4. The owner(s) of the area, if not the person making 'this request, has been
given written notification of this request on (date)
The name (s) and adUress (es) of the owner(s) :
jig
4,e
5. I have filed a complete copy of this request with the appropriate regional
office of the Massachusetts Department of Environmental Protection
t/UlIe >1.S (date)
DEP Northeast Regional Office DEP Southeast Regional Office
10 Commerce Way 20 Riverside Drive
Woburn, MA 01801 Route 105
Lakeville, MA 02347
DEP Central Regional Office DEP Western Regional Office
75 Grove Street State House West, 4th Floor
Worcester, MA 01605 - 436 Dwight Street
Springfield, MA 01103
6. I understand that notification of this request will be placed in a local
newspaper at my expense in accordance with Section 10.5 (3) (b) 1 of the
regulations by the Conservation Commission and that I will be billed
accordingly.
Signature � e/-C Name 116n J P(�t f
Address�J L ,Litie Ii O n1 , Tel. 9911 '
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310 alit 10.99 DFP PIk
Form 2 i J_ E. (To be provided by DEP)
Gtyfrowa Dartmouth
Anna Robin A. Schofield
commonwealth
of Massachusetts Date Regina Filed 6/25/99
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 191, 540
and the Dartmouth Wetlands Protection Bylaw
From Dartmouth Conservation CQQnission Issuing Authority
To Robin A Schofield Robin A. Schofield
(Name of Person making request) (Name of property owner)
5 Blueberry rn. . . 5 Blueberry In.
Address Dartmouth MA 02747 Address Darhinnth, MA 02747
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
by certified mail, return receipt requested on July 7, 1999 (date)
Dartmouth
Pursuant to the authority of G.L. c.131, 540, the Conservation Commission
has considered your request for a Determination of Applicability and its sup-
porting documentation, and has made the following determination (check whichever
is applicable) :
Location: street Address 5 Blueberry Lane
Lot Number: Map 66, Lot 2-30 (Subdv. Lot 15) Blueberry Lane
This Determination is positive.
rn
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, filing, dredging or altering of that area
requires the filing of a Notice of Intent.
•
2. ❑ 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. Therefore, said work
requires the filing of a Notice of Intent.
2-1
Effective 11/10/89
Robin A. Schofield
Determination of Applicability
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.
This Determination is negative:
1. ❑ The area described in your request is not an Area subject to Protection
Under the Act.
2. ❑ 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. ggC 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. ❑ 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 Dartmouth Conservation Commission
Signatures) IAlic L. �116LN,
, 4 Ca/ m'
f �� + . ,
This Determination must be signed by a majority ofe conservation Colmission.
On this 6th day of July / 19 99 before me
personally appeared Gerald Franklin , to me known to be the
person described in, and who executed, the foregoing instrument, and
acknowledged that he/she executed the same as his/her free act and deed.
/l -/, ( , > 6/12/2003
Notary Public Rita Costa my commission Expires
This Determination does not relieve the applicant from emptying with all other applicable federal, state or
local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the 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 Department of Environmental Protection to issue a Superseding
Determination of Applicability, providing the request is made by certified mail or hand delivery to the
Deportment, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten
days fran the date of issuance of this Determination. A copy of the request shalt at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form SB - Certificate of Compliance SE 15-681
Massachusetts Wetlands protection Act M.G.L. c. 131, §40 and the Provided by DEP
Dartmouth Wetlands Protection Bylaw Stuart Ellen
A. Project Information ILE
�
9
1. This Certificate of Compliance is issued to:
Stuart Ellen
Name
801 Dixville Road
Mailing Address
Dartmouth, MA 02747
City/Town State Zip('Me
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Stewart Ellen
Name
3/3/88 SE 15-681
Dated DEP File Number
3. The project site is located at:
801 Hixville Road Dartmouth
Street Address City/Town ,y, "A(
Map 66 Lot 42
Assessors Map/Plat Number(s) Parcel/Lot Number(s) /
The final Order of Conditions was recorded at the Registry of Deeds for:
ProFrty Owner(if different)
Bristol (S.D.) 2108 83
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
Datb
B. Certification
Check all that apply:
IR Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of
Conditions has been satisfactorily completed.
Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
WPA/DWPB FORM 8B 6/2000 page 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 8B - Certificate of Compliance SE 15-681
Massachusetts Wetlands protection Act M.G.L. c. 131, §40 and the Provided by DEP
Dartmouth Wetlands Protection Bylaw _ Stuart Ellen
B. Certification (cont.)
Invalid Order of Conditions:It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced. The Order of conditions has lapsed and is therefore no longer
valid. No future work subject to the regulations under the Wetlands Protection Act and the Dartmouth
Wetlands Protection Bylaw may commence without filing a new Notice of Intent and receiving a new
Order of Conditions.
0 Ongoing Conditions:The following conditions of the order shall continue: (Include any conditions
contained in the Final Order, such as maintenance or monitoring,that should continue for a longer
period)
Condition Numbers:
C. Authorization:
Issued by:
The Dartmouth Conservation Commission
Conservation Commission Date of Issuance
This Certificate of Compliance must be signed by a majority of the Conservation Commission and a copy sent
to the applicant and appropriate DEP ional Office.
Sign .
era m, airman George Levesque, Vice-Chairman
McDonald David Bolton
(V4r7
Da e c yF� Paul Faria
Lawrence Mastera
This Certificate is signed by a majority of the Dartmouth Conservation Commission.
On this nth day of October , 2000 , before me appeared the above
named persons to me known to be the persons described in and who executed the foregoing instrument and
acknowledged that they(he/she) executed the same as their(his/her)free act and deed.
6/12/2003
Notary Pu is t a Costa My Commission expires
WPA/DWPB FORM 8B 6/2000 page 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 8B - Certificate of Compliance SE 15-681
Massachusetts Wetlands protection Act M.G.L. c. 131, §40 and the Provided by DEP
Dartmouth Wetlands Protection Bylaw Stuart Ellen
D. Recording Information:
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds for the land Court for the district in which the land is located.
Fill in the form below, detach on dotted line and submit it to:
Dartmouth Conservation Commission, P.O. Box 79399, Dartmouth, MA 02747
Please be advised that the Certificate of Compliance for the project at:
801 Hixville Road SE 15-681
Project 1 nation DEP File Number
and has been recorded at the Registry of Deeds of Bristol
County
for
Property Owner
and has been noted in the chain of title of the affected property on
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identified this transaction is:
Document Number
Signature of Applicant
WPA/DWPB FORM 8B 6/2000 page 3
-NW
��.' 400 Slocum Road • P.O. Box79399 •
`• / North. Dartmouth, Massachusetts 02747 `g f ;
, oN
CONSERVATION COMMISSION rA-1 Srt INSPECTION FORM (5081999�-'b722
Name of Person Making Request FF t; Date
flE SF r 1riI F J ,89 uehPr LCi7 P.
Address of Applitant Street Location/ of Property�
4c. '&/1/- , NA D� /'/7v7 foie LOf —SO
City\Town, State , Zip Plat a d Lot Number
16D 9963;97 7 ag day evenn?y- 99i7a06 akar r and
hoh ( Day & Evening ) Proposed Use of land
, Dwelling, Addition etc . )
/ki) 4rh0{Fld it Vni ti
Owner Name Signature of Ow r or
Owners Representative
Aloe Aentry Zane_ St. )dc �
Address / Signature of A plicant
LOCATION OF PROPERTY : Please attach a site plan . If a site plan
is not available, a hand drawn showing the exact
location and size of property to be inspected is acceptable .
The map shall include the follcwhyi Information: street
name, house number on abutt_. J property bound
locations , and any natural or features which will
allow the inspector to find the site . Sze the space
provided below to draw a map or attach an extra sheet .
Property boundaries should be clearly marked in the field
cri;:r requesting site inspection .
tlands exist on ort south, act- West) of site
oiage of wetland has been marked on site by Inspector. Flag numbers -
c t4e1 7 —' t K. W e4 is'
Any activity (clearing, digging, removal of vegetation, etc. ) in a wetland
or within 100 feet of a wetland requires a permit from the conservation
Commission. No work shall begin until permit is received.
_ A Notice of Intent should be filed with the Conservation Commission before any
work begins on site.
A Request for Determination should be filed with the Conservation Commission
before any work begins on site.
_ No wetlands or other areas subject to the jurisdiction of the Conservation
Commission exist on site or within 100 feet of site. No forms need to be
filed with the Conservation Commission.
_ A survey plan of the wetland delineation should be submitted to the
conservation Commission/ office.
�ther Comments: AZJ fe'• 3C) 6/1- ,Vo 4C 4W( (t -Lome
°I'd.rtW&disE fa wef-fcAll ,K.Af he P("I41 -cr
Note: The A-1 site Inspection is a procedure outlined in the Dartmouth Wetlands
Protection Bylaw. It is a service available for the purpose of identifying
wetland areas on a site. The issuance of this completed Site Inspection is NOT
a final determination of wetland boundaries or their jurisdictional status under
the Massachusetts Wetlands Protection Act (MGL Ch. 131 540) or the Dartmouth
Wetlands Protection Bylaw. Only the issuance of a Determination of Applicability
or order of Conditions by the Conservation Commission finalizes the determination
of wetland boundaries and\or their jurisdictional status under these Laws. The
completion of this Site Inspection is not an authorization to proceed with work.
This site inspection expires three (3) years from the date of issuance (shown
below) .
All filing forms are available in the conservation commission office, room 107
at the Dartmouth Town Hall, 400 Slocum Rd. from 9AM - 4PM Mondays and 8:45AM -
4:30PM Tuesday through Friday.
Site Inspection Fees:
. 1-5 Acres $50.00; 5-10 Acres $75.00; 10-100 Acres $200.00;
Above 100 acres $400.00
The Conservation Inspector will flag the wetland edge for sites from 1-5 acres
only. The conservation Commission reserves the right to refuse to perform a site
inspection on areas less than 5 acres where abnormal site conditions would
require an excessive amount of time be spent by the Conservation Inspector in
making a determination of the wetland areas present. Sites over 5 acres must
be flagged by a wetland scientist, botanist or other qualified person prior to
submitting of site inspection. The Conservation Inspector will then review the
flagging in the field and make adjustments where necessary. The Conservation
Commission may require proof of the qualifications of the person performing the
delineation on sites larger than 5 acres.
Iva et-S7 v."
Azte4-
pate of Issuance Michael 1. O'Reilly
Environmental Affairs Coordinator
(Rev. 9-1-94 MJO)
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