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Home My WebLink AboutDEP further wetland permitting not required 4 Massachusetts Department of Environmental Protection ° Bureau of Resource Protection —Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DA-22006 _ A. General Information Important: When filling out From: forms on the Barnstable computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Donald G. Anderson return key. Name Name P.O. Box 576 reb Mailing Address Mailing Address Barnstable MA 02630 City/Town State Zip Code City/Town State Zip Code wtwn 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Floor Plans& Elevations by Patriot Builders 02/28/2022 Title Date Certified Plot Plan by J.M. O'Reilly&Associates 06/0*i12010 Title Date Typical Roof Drainage Schematic 03/30/2022 Title Date 2. Date Request Filed: 03/04/2022 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Raise garage roof and add dormers with no change in footprint and no other ground level alterations, with exception of leaching for roof drainage. Project Location: 100 Bay View Road Barnstable Street Address City/Town 319 030 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.5/18/2020 Page 1 of 5 4 Massachusetts Department of Environmental Protection - Bureau of Resource Protection —Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DA-22006 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) 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 its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of 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 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 or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Barnstable Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: § 237-1 to§237-14 Town of Barnstable Code Chapter 237 Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability•rev.5/18/2020 Page 2 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection —Wetlands ° WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DAL22006 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or 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 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): ❑ 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 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 subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the 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. 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. 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 an Area subject to protection under the Act (including the Buffer Zone). 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. wpaform2.doc•Determination of Applicability•rev.5/18/2020 Page 3 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection —Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DA-22006 _ B. Determination (cunt.) ❑ 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 the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Barnstable Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. §237-1 to §237-14 Town of Barnstable Code Chapter 237 Name Ordinance or Bylaw Citation C. Authorization 'A' This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on March 30, 2022 Date Date 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 https://www.mass.aov/service-details/massdeo-regional-offices- bv-communes) and the property owner(if different from the applicant). :a wpaform2.doc•Determination of Applicability•rev.5/1 812 02 0 Page 4 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection —Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DA-22006 C. Authorization (cont.) 1i�t�res: f� �.ti?l+il Darcy Karle nature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name D. Appeals The applicant, 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 appropriate Department of Environmental Protection Regional Office (see https://www.mass.aov/service-details/massdeb-reaional-offices-bv- community)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 Request for 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 of Environmental Protection has no appellate jurisdiction. wpaform2.doc•Determination of Applicability•rev.5/18/2020 Page 5 of 5 Doi_s 1 s•4-34'400 07-16-2021 12 0 54 THE -Town of B IRD LA ID C0UqSTOPA°�� l GISTRY Planning & Development Department av o BARNSTAII-M : -Conservation Program Darcy Karie, Administrator 6, �~ lfD 1A"r` 367 Main Street, Hyannis, MA 02601 yOF6AIR Office: 508-8624093 www.townofbarnstable.us/conservation Elizabeth Jenkins,AICP Director VOTE AUTHORIZING BARNSTABLE CONSERVATION ADMINISTRATOR TO SIGN DOCUMENTS ON BEHALF OF COMMISSION MEMBERS On July 6,2021 the Barnstable Conservation Commission met in open session accessible to the public through audio and video-conference software,pursuant to legislation signed by the Governor on.Tune 16,2021 suspending certain provisions of the Open Meeting Law.At this duly held meeting,the following vote was taken by the Barnstable Conservation Commission: To authorize Darcy Karle, Barnstable Conservation Administrator to physically sign Barnstable Conservation Commission documents on behalf of each individual Barnstable Conservation Commission member,Pursuant to the Acts of 2021 Chapter 20,an act relative to extending certain COVID-19 measures adopted during the State of Emergency,such authorization effective as of July 6,2021,and remaining in effect for forty-five(45) days after the termination of the new legislation and the return to the provisions of the Open Meeting Law unless sooner amended or rescinded by vote of the Barnstable Conservation Commission. Vote: Chair Fat Piu(Tom)Lee—Yes Vice-Chair Louise R. Foster—Yes Clerk George Gillmore—Yes Commissioner John E.Abodeely—Yes Commissioner Peter Sampou—Yes Commissioner Lawrence(Larry)P. Morin—Yes The above is a true and accurate account of the proceedings of the Barnstable Conservation Commission. ; � 7/6/2021 Pi F Tom Lee iairman Date The Commonwealth of Massachusetts County of Barnstable On this r of 2021, before me, (name of notary public),Fat Pitt (Tom)Lee personally appeared and prove to me through satisfactory evidence of identification,which yvere ;.? , to be the person whose name is signed on the preceding document,and aekrtti" l4geP4�'to,me that he signed it voluntarily for its stated purpose. ° t�°� ': '°;;'��oo .Arl�.r 1•�p FF •O 90 11• TrlQl'K.ROOd Notary Public Notary Public Signature f ct)MMOMWEALTH OF MASSACHUSIMS- ,s F° My Comm -Aission Expires : 09004/2026 °:y0 'J �o�,i h; BARNSTABLE REGISTRY OF DEEDS fi,,.,�+i�;°®F 5 ..°°° s' .. ay�'yf°�k xu ,. John F. Meade, Register � BARNSTABLE COUNTY b eo%'- REGISTRY OF DEEDS ,us; .l A TRUE COPY,ATTEST V.tt V4 vl,_,r°Q,� JOHN F.MEADE,REGISTER