Determination of Applicability • /j F 11
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Form 2 •
DEQE Fib No.
` \ (To be provided by 0E0E)
(�-'- -r Commonwealth ctyrrown Dartmouth
{ _ _ of Massachusetts ABW Realty Trust
I Applicant
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From the Dartmouth Conservation Commission , Issuing Authority ,
Anne B. Williams, Trustee
To ABW Realty Trust Robert J. Petty
(Name of person making request) (Name of property owner)•
76 Plympton St. Bryant St.
Address Middleboro, MA 02346 Address Assonet, MA 02702
This determination is issued and delivered as follows:
0 by hand delivery to person making request on (date)
fY by certified mail, return receipt requested on 6/13/85 (date)
Pursuant to the authority of G.L.c. 131, §40, the Dartmouth Conservation Caimission
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable): LOTS 9 & 10 High Hill Rd.
LOTS 12, 13, 14, Pine Island Road.
This Determination is positive:,
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, filling,dredging or altering of that
area requires the filing of a Notice of Intent.
LOT 9: Subject to File No. 15-459
LOT 14: Any area further than 200 feet from Pine Island Road
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2. 0 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.There-
fore, said work requires the filing of a Notice of Intent.
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3. 0 The work described below,which includes all/part of the work described in your request,is within •
the Buffer Zone as defines 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.
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This Determination is negative:
1. xt The area described in your request is not an Area Subject to Protection Under the Act.
LOTS. 10, 13,. 12.
2. D 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.
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i in the regulations,ulations but will
S. a The work described In your request is within the Buffer Zone,as defined g
n.ot alter an Area Subject to Protection Under the Act,Therefore,said work does not require the
filing of a Notice of Intuit.
4. 0 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 the Dartmouth Conservation Commission
Signature(s)
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This Determination must be signed by a majority of the Conservation Commission.
On this 12th day of June id' , 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 hi er free act and deed.
7/21/89
Notary Public My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal,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 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 Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made
by certified mail or hand delivery to the Department within ten 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 the applicant.
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