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Determination of Applicability 2000 y qolt " �; MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION "� v�`' ,z�3yx ;,ss. 9 Bureau of Resource Protection -Wetlands • ° f WPA Form 2 - Determination of Applicability '.,_ \ - ;_; Massachusetts Wetlands Protection Act M.G.L., c. 131, §40 and the •, Dartmouth Wetlands Protection Bylaw j`s` FILE CUllnpy I A. General Information From: the Dartmouth Conservation Commission To: Robbi Staples _ Name of applicant Name of Property Owner(if different from applicant) 27 Pine Island Road _ MailingAddress MailingAddress Dartmouth, MA 02747 _ City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: "Page 1"of 216 X 24 Proposed Addition Title Final Date(or Revised Date if applicable "Page 2"of 2; Plan of Land in Dartmouth for Robbi Staples _ 2. Date Request Filed: October 10, 2000 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 Deterthination: Proj�-�escri tion (if applicable): 24'X 16'garage extension 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 Fuvn2 page 1 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 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. El 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 El 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): WPADWPB Fomn2 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 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). ❑ 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 DWP13 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 Robbi Staples 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 ® by certified mail, return receipt request on October 19, 2000 This Determination is valid for three years from the date of issuance(except Determinations for Vegetation 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 to the appropriate DEP Regional Office(see , .pe dix A)and the property owner(if different from the applicant). Signature : era Franklin, Ch.irman Georg- -vesque, Vi e-Cha /Pv.f/`'' '' de '(.-— Jacquelyn McDonald _ David • .1 enck ' i.• , . 7 7))•- -i_ David o ton Paul Fa ria ana ac.c.c.�.�,- )2,.._ Z G J awrence Mastera October 17, 2000 Date WPA DWPB Fom12 page 4 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 Robbi Staples Determination (cont.) 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 Detennination. 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 Detennination, 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. WPADWPB Fonn2 page 5