Determination of Applicability 2004 f
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4 x MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION ;4. :-mom,;ig,
Bureau of Resource Protection -Wetlands
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�r WPA Form 2 - Determination of Applicability a;;
1 F'' Massachusetts Wetlands Protection Act M.G.L., c. 131, §40 and the .,.
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::c' Dartmouth Wetlands Protection Bylaw
A. General Information
From: the Dartmouth Conservation Commission
To: Jane&Robbi Staples
Name of applicant Name of Property Owner(if different from applicant)
27 Pine Island Road
Mailing Address Mailing Address
Dartmouth, MA 02747 _
City/Town State Zip Code City/Town State Zip Code
1. Title and Date of Final Plans and Other Documents:
Plot Plan of Land in Dartmouth(showing proposed pool)
Title Final Date(or Revised Date if applic hl )
2. Date Request Filed: March 15, 2004
B. Determination
Pursuant to the Authority of M.G.L. c 131 §40,the Dartmouth Conservation Commission considered your
Request for Determination of Applicability,with its supporting documentation, and made the following
Determination:
Project Description(if applicable): Construction of in-ground swimming pool with 4'apron;
10 X 20 pump/changing room
Project Location: 27 Pine Island Road Dartmouth
Street Address City/Town
Map 80 Lot(s)6
Assessors Map/Plat Number Parcel/Lot Number
The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations, and the Dartmouth Wetlands Protection Bylaw:
WPA/DWPB Form2 page I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L., ch 131, §40 and the
Dartmouth Wetlands Protection Bylaw Jane & Robbi Staples
Positive Determination
Note:No work within the jurisdiction of the Wetlands Protection Act and the Dartmouth Wetlands
Protection Bylaw may proceed until a final Order 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 the Dartmouth
Wetlands Protection Bylaw and their regulations regarding such boundaries for as long as this
Determination is valid.
❑ 2b. The boundaries of the resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or to
the Request for Determination.
3. The work described on the referenced plan(s)and document(s)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.
❑ 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 Act. Therefore, said work requires the filing of a Notice of
Intent.
❑ 5. The area and/or work described on referenced plan(s)and document(s)is subject to review and
approval by:
the Dartmouth Conservation Commission.
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
the Dartmouth Wetlands Protection Bylaw
Name Ordinance or bylaw Citation
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw, specifically the
Dartmouth Wetlands Protection Bylaw, but not subject to the Massachusetts Wetlands Protection Act.
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on the referenced plan(s)and
document(s),which includes all or part of the work described in the Request,the applicant must consider
the following alternatives. (Refer to the wetland regulations at 10.58(4)c for more information about the
scope of alternatives requirements):
WPA/DWPB Form2
page 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L., ch 131, §40 and the
Dartmouth Wetlands Protection Bylaw Jane& Robbi Staples
Positive Determination-Continued:
❑ 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 and the Dartmouth Wetlands Protection Bylaw 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 at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area within the Buffer Zone nor subject to Protection under
the Act and the Dartmouth Wetlands Protection Bylaw.
❑ 2. The work described in the Request is within an area subject to protection under the Act and the
Dartmouth Wetlands Protection Bylaw,but will not remove,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 and the Dartmouth Wetlands Protection Bylaw. Therefore,
said work does not require the filing of a Notice of Intent, subject to the following conditions(if any).
In the event the proposed pool is drained, the water shall be hauled out by tank truck, or, allowed
to stand without chemicals for a minimum of seven(7) days before being allowed to drain.
❑ 4. The work described in the Request is not within the Buffer Zone and is not within an area subject to
protection under the Act and the Dartmouth Wetlands Protection Bylaw. Therefore, said work does not
require the filing of a Notice of Intent,unless and until said work alters an Area subject to protection
under the Act.
❑ 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 regulations and the
Dartmouth Wetlands Protection Bylaw,no Notice of Intent is required:
Exempt Activity(site applicable statutory/regulatory provisions)
WPA/DWPB Fonn2 page 3
•
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 2 -Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L., ch 131, §40 and the
Dartmouth Wetlands Protection Bylaw Jane& Robbi St
Negative Determination -Continued:
0 6. The area and/or work described in the Request is not subject to review and approval by:
Dartmouth Conservation Commission
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw:
Dartmouth Conservation Commission Dartmouth Wetlands Protection
Bylaw
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
0 by hand delivery on AZ by certified mail, return receipt request o:
April 8, 2004
This Determination is valid for three years from the date of issuance(except Determinations for Vegetati
Management Plans which are valid for the duration of the Plan). This Determination does not relieve the
applicant from complying with all other applicable federal, state,or local statutes,ordinances,bylaws, or
regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent tc
appropriate DEP Regional Office(see Appendix A)and the property owner(if different from the applicant;
Signatures:
Gerald Franklin Cairman vesqu •
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acq lyn i cDonald Davi. - c
David B. ton
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La ence Mastera
April 6, 2004
Date
WPA/DWPB Fonn2
F
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L., ch 131, §40 and the
Dartmouth Wetlands Protection Bylaw Jane& Robbi Staples
Determination (coot.)
C. Appeals
The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land
subject to this Determination,or any ten residents of the city or town in which such land is located, are hereby
notified to their right to request the appropriate DEP Regional Office 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 a completed Appendix E: Request of 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 appellant. The request shall state clearly
and concisely the objections to the Determination which is being 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 has no appellate jurisdiction.
This Determination of Applicability,unless specifically indicated to the contrary, is issued pursuant to both the
Massachusetts Wetlands Protection Act and the Dartmouth Wetlands Protection Bylaw. Therefore,in addition
to the appeal process specified above for the appeal of a Determination of Applicability issued pursuant to the
Massachusetts Wetlands Protection Act,the applicant,the owner, any person aggrieved by this Determination,
any owner of land abutting the land subject to this Determination, or any ten residents of the town in which
such land is located,may also appeal this Determination of Applicability in accordance with Section 1.08 of the
Dartmouth Wetlands Protection Bylaw.
WPA/DWPB Form2 page 5