The URL can be used to link to this page

06-027 68 Leonard St Conservation Commission0 City of Northampton -- Wetlands Application This form is required for all applications filed under the Northampton Wetlands Ordinance File with the Office of Planning and Development, 210 Main Street, Northampton, MA 01060 We recommend applicants consult with the Land Use and Conservation Planner (587 -1263) before applying 1. Check what kind of permit you are requesting ® Request for Determination of Applicability (WPA form 1) F� Notice of Intent (WPA form 3 or 4) F Abbreviated Notice of Resource Area Delineation (WPA form 4A) 2. Property Street Address 68 Leonard Street, Leeds 3. Assessors' Map, Parcel: 6_27 Assessors' Map, Parcel: 6_28 Additional Property Description: 2 lots and 1 house about 1 acre of l and 4. Check the items enclosed. Your application will not be accepted if any items are missing. fX The appropriate completed Massachusetts DEP application www. inass .gov /dep /brp /ww /wwforms.litni fX Completed versions of this Wetlands Application and Notification to Abutters form fX Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments) rX All plans folded (not rolled) and collated with each application packet r' For Notice of Intent applications only, the following: 7 Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal Form PLUS $105; and 7 Separate $75 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee; and 7 An Abutters List of all property owners within at least 100 feet of the property line of your project. Abutters lists may be generated at www.NorthamptonPlanning. (click on abutters list). Computers are available at Forbes and Lilly Libraries. rX For Request for Determination and Notice of Resource Area Delineation applications, a check to the "City of Northampton" for $85. r A #10 business envelope addressed to the applicant. 5. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. rX Boundary of entire lot and notation of lot area FX Context of adjacent lots, if necessary to show extent of wetland/riverfront resource rX Numbered wetland flags FX Existing and potential vernal pools f 50' AND 100' wetland buffer f"' Mean Annual High Water line, for riverfront permits N/A f " 100' inner riparian zone AND 200' outer riparian zone, for riverfront permits N/A Page 1 of 4 7. We have provided and requested information and believe and understand that (initial each item below): [N Application deadline is one calendar month prior to a public hearing. If the application is incomplete or waivers are requested, however, the public hearing may be delayed; ® We will check for the date and time of our public hearing at wv'w.NorthamptonPla ning.org or OPD voice mail (587 - 1266). Such notice is posted by the Monday 10 days prior to the public hearing; W The Conservation Commission may request an alternatives analysis for work proposed within the buffer zone of a wetland Conservation Qom ❑ The Conservation Conunission and their representatives have permission to enter the property; must get permission [All documents and plans submitted are in the public domain and may be copied freely in any form; and from owner [AThe City will record wetlands Orders of Conditions at the Hampshire County Registry of Deeds. �t��d rt tG [XWe certify, under the pains and penalties of perjury, that PRW ` F 'k%-� r t��P cDwpietod Abutter Notification form i e�mterproof s to reet. To 8. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT: We certify, under the pains and penalties of perjury, that PRIOR to make his application we have sent the completed Abutters Notification form by certified mail (return receipt requested) 11 abu rs on the Abutters List. Patrick J. Melnik Applicant (print or type): ,John J Hanley, Applicant Signature: 6r-� T rustee Address: 110 King Street Applicant Phone: Nor t h pton, Ma 01'060 Owner (print oriype Daniel Keith and Owner Signature: b Jane Power Address: 68 Leonard Stree Owner Phone: Leeds Page 3 of 4 Massachusetts vepartment of Environmental Prottion Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the John J. Hanley, Trustee of Beaver Brook Nominee Trust and pmelnik @verizon.net computer, use Patrick J. Melnik E -Mail Address only the tab key to move your 110 King St. cursor - do not Mailing Address use the return Northampton Ma 01060 key. City/Town State Zip Code 413 - 584 -6750 413 - 584 -6789 rg Phone Number Fax Number (if applicable) 2. Representative (if any): Patrick J. Melnik Firm DmelnikO- verizon.net Contact Name 110 King St. Mailing Address Northampton City/Town 413 - 584 -6750 Phone Number E -Mail Address Ma 01060 State Zip Code 413 - 584 -6789 Fax Number (if applicable) B. Determinations 1. 1 request the Northampton make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and /or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc • rev. 07/14/04. Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 68 Leonard Street Street Address Maps 6- Assessors Map /Plat Number Northampton City/Town Parcels 27 and 28 Parcel /Lot Number b. Area Description (use additional paper, if necessary): Single Family home and adjacent lot located at 68 Leonard Street abutting property of Applicant, John J. Hanlev. Trustee of the Beaver Brook Nominee Trust c. Plan and /or Map Reference(s): Plan done by Molly Hale as requested by Daniel Keith in connection with certification of vernal pool #2019 Title Title 2001 Date Date Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Owners of property constructed addition to their home with a porch between 1990 and 1993 according to Northampton Building inspector records. Work was done within 100 feet of wetland area that has been delineated by the Northampton Conservation Commission and superceding delineation by Department of Environmental Protection in 2000. Wetland flags and certified wetland area are shown on the Keith Plan as well as the addition There is no evidence that a request for Determination was ever filed by homeowner and no Wetland permit is recorded in the Hampshire registry of Deeds. Owners have also constructed a leaf composting facility adjacent to the certified vernal pool without a wetlands permit. Vegetation around the vernal pool appears to have been cut or pruned and is unlike the undisturbed vegetation on wetland of adjacent property owned by applicant. Leaf litter on the site appears to be stoc kpiled in composting facility. wpaforml.doc • rev. 07/14/04. Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town L� i WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). None 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and /or attach appropriate documents, if necessary.) wpaformt.doc • rev. 07/14/04. Page 3 of 4 Massachusetts Loepartment of Environmental Prolsion Bureau of Resource Protection - Wetlands City/Town L� i WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Attachment) were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Daniel Keith and Jane M. Power Name 68 Leonard Street Mailing Address Leeds City/Town Ma State 01053 Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accoro*nce with Sect*n 10.05(3)(b)(1) of the Wetlands Protection Act regulations. of Representative (if any) April 15, 2005 Date April 15, 2005 Date wpaforml.doc • rev. 07/14/04. Page 4 of 4 1 PIN VERNAL POND _LEONARD-] � SGALE,I'O20' -D' ICO' WETLAND BUFFER \ JOHN HANLEY TRUSTEE y BEAVER BROOK NOMINEE TRUST TAX MAP G PARCEL 1 � P END aF FLAGGING rl 9�� \ EDGE OF FLAGGED I WETLANDS W � �x WOODS [HEMLOCKS] \ WOODED MARSH DRIES UP IN MAY NYC. S \ 5TON \ /�• V 0 END OF FLAG41N4 STONE PILE EDGE OF FLAGGED WETLANDS — VERNAL POND OVER FLOW DITCH - DRIES UP IN MAY - V- V�'0 r O I ZOO STONE WALL WOODS /3P [DECIDUOUS] o w>. N/F DANIEL T. KEITH JANE M. POWER / TAX MAP G PARCEL Z.7 U r n y TREE WF DANIEL T. KEITH 4 JANE M. POWER n ' P= LINE TAX MAP 1, PARCELI8 N I 'A' - JEFFERSON SALAMANDER EGGMA55 LkX ATION5 1�) 'B' - WOOD FRO: EGGMA55 LOCATIONS HOUSE plwFo� ti( F ✓UI i�LZ�+n {r. HOUSE CORNER Ce�t[ficd t VC rnl P ool "`2019 Directions to Leonard 1 Vernal Pool 1. Drive to 68 Leonard Street, Leeds, ivlA 2 Walk down stone driveway. 3. From northwest corner of house, walk straight back 135' {N 80 W ) GLORIA H• NPERKEIZSIS 257 PAGE 288 BOOK A 6 PARCEL 37 M, i 1( / r 3 .::::.:.::.. . . .:.: .::::::: :::= 1 . : ;, - - ::::_::--------- -------- - - - - -- - --- - - - -- - G -- ------- :::::: .......... I ! - : : ..:::::. .: .:- - -- � :: - _:: : --- ::: �. --- -_ _ _ .:_- :__... - � I i � �- ♦- � � I + J SR 1.— UR I i i 1 ' o - - --- .. .:.::::.: == .:.._:::_: . .. . - - - -- ........ :: ....... : , VERNAL POOL #2019 / i BEAVER BROOK ES TA TE S z O opt � O v 4' s , FA - }1 ,I CHARLOTTE MARDAS JOSEPH & BOOK 1420 PAGE 110 TAX MAP 6 PARCEL 38 THOS 3. T&FRKEIZSIS 'R GLORIA TWpERKEIZSIS BOOK p 2 6, PA RCEL 3 9 KIM G. BIERWERT LOU ANN BIERWEI BOOK 3804 PAGE TAX MAP 6, PARC ANTHONY p- VILIANI BOOK 3804 PAGE 98 TAX O p 6, PARCEL 40 / PATRICK W. & JOYCE M. WAGNER BOOK 4906 PAGE 160 I TAX O p 6, PARCEL 42 JOHN F. SKIBISKI REALTY I BOOK 1753 PAGE 66 TAX MAP 6, PARCEL 36 SHEET BUILD -OUT & OPEN SPACE PLAN Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab remm A. General Information From: Northampton Conservation Commission To: Applicant John Hanley, Trustee of Beaver Brook Nominee Trust and Patrick Melnik 110 King Street Mailing Address Northampton MA City/Town State 1 Title Build Out and Open Sp Title 2. Date Request Filed: 04/15/2005 Property Owner (if different from applicant): Daniel Keith Name 68 Leona Street Mailing Address 01060 Northampton MA 01060 Zip Code City/Town State Zip Code Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Leonard -1 Vernal Pond Title Building Permit for Dan Keith B. Determination Plan- Beaver Brook Estates Date 03/01/1990 Date Date 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): Construction of an addition to the Keith home in the 100 foot buffer of a Bordering Vegetated Wetland between 1990 and 1993. Maintaining a composting pit and pruning vegetation adjacent to a vernal pool and within the 100 foot buffer of a Bordering Vegetated Wetland. Project Location: 68 Leonard Street Street Address 6 Assessors Map /Plat Number Northamp City /Town 27 and 28 Parcel /Lot Number wpaform2.doc • rev. 3/1/05 Page 1 of 5 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 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: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2 doc • rev. 3/1/05 Page 2 of 5 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 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). Unless the proper permits are filed with the Northampton Conservation Commission, removal of vegetation or pruning of vegetation shall not be conducted beyond the existing lawn area. The composting area shall remain but cannot be expanded toward the vernal pool. ❑ 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 • rev 3/1/05 Page 3 of 5 L1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1\ WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 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: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Date Ordinance or Bylaw Citation ® by certified mail, return receipt requested on 07/c(ld— Dat 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 Attachment) and the property owner (if different from the applicant). Date Page 4 of 5 wpaform2 doc • rev 3/1/05 r City of Northampton -- Wetlands Application This form is required for all applications filed under the Northampton Wetlands Ordinance File with the Office of Planning and Development, 210 Main Street, Northampton, MA 01060 We recommend applicants consult with the Land Use and Conservation Planner (587 -1263) before applying 1. Check what kind of permit you are requesting ® Request for Determination of Applicability (WPA form 1) ❑ Notice of Intent (WPA form 3 or 4) ❑ Abbreviated Notice of Resource Area Delineation (WPA form 4A) 2. Property Street Address 68 Leonard Street, Leeds 3. Assessors' Map, Parcel: 6-27 Assessors' Map, Parcel: 6_28 Additional Property Description: 2 lots and 1 house about 1 acre of l and 4. Check the items enclosed. Your application will not be accepted if any items are missing. (X The appropriate completed Massachusetts DEP application www. inass.gov /dep /bm /ww /wwforms.htm (X Completed versions of this Wetlands Application and Notification to Abutters form IX Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments) 1X All plans folded (not rolled) and collated with each application packet I — For Notice of Intent applications only, the following: ❑ Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal Form PLUS $105; and ❑ Separate S75 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee; and ❑ An Abutters List of all property owners within at least 100 feet of the property line of your project. Abutters lists may be generated at www.NorthamptonPlanning.00l: (click on abutters list). Computers are available at Forbes and Lilly Libraries. fX For Request for Determination and Notice of Resource Area Delineation applications, a check to the "City of Northampton" for $85. A #10 business envelope addressed to the applicant. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. IX Boundary of entire lot and notation of lot area rX Context of adjacent lots, if necessary to show extent of wetland/riverfront resource lX Numbered wetland flags rX.Existing and potential vernal pools rX 50' AND 100' wetland buffer ❑ Mean Annual High Water line, for riverfront permits N/A f — 100' inner riparian zone AND 200' outer riparian zone, for riverfront permits N/A Page 1 of 4 c (X Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas Edge of Vegetation accurately measured or surveyed (—" Significant (8 "+ DBH) trees within the limit of work area that are also within the 200' riverfront area, wetland, or 100' wetland buffer jX 2' contours These are shown on Abutter's Plan only f — Elevations in feet (not meters), for projects within the floodplain N/A F - Zoning setbacks N/A ( 1:20 scale, if possible 6. If new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. (—" Grading /proposed new contours I - Hardscape (ie: footprint of house, driveway, walkways, terraces, etc ?) F - Any removal of vegetation and significant trees within the riverfront area, wetland and buffer f — Landscaping and plantings within the riverfront area, wetland and wetland buffer (—" Location of erosion control barrier (—" Limit of work line {— Utility lines F Stormwater management (use DEP form www. mass . <„;ov /dep /brp /ww /wwforms.htil , if required {" Wildlife assessment if the site is in or near a habitat resource area based on NHESP maps, Northampton Potential and Certified Vernal Pools map or otherwise required by the Act or Ordinance. (— At the same scale as the Existing Conditions Site Plan Page 2 of 4 7. We have provided and requested information and believe and understand that (initial each item below): [N Application deadline is one calendar month prior to a public hearing. If the application is incomplete or waivers are requested, however, the public hearing may be delayed; ® We will check for the date and time of our public hearing at www.NorthamptonPlanning.org or OPD voice mail (587 - 1266). Such notice is posted by the Monday 10 days prior to the public hearing; W The Conservation Commission may request an alternatives analysis for work proposed within the buffer zone of a wetland; Conservation Comtp. ❑ The Conservation Commission and their representatives have permission to enter the property; must get permission [NAll documents and plans submitted are in the public domain and may be copied freely in any form; and from owner [2gThe City will record wetlands Orders of Conditions at the Hampshire County Registry of Deeds. [XWe certify, under the pains and penalties of perjury, that M we rL.J cDaq4eted Abutter Notification form i e rnterproo, s t reet. 1 ,42-L 4 6�Tl?� -t 8. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT: We certify, under the pains and penalties of perjury, that PRIOR to make his application we have sent the completed Abutters Notification form by certified mail (return receipt requested) 11 abu rs on the Abutters List. Patrick J. Melnik Applicant (print or type): John J Hanley, Applicant Signature: Address: 110 rustee King Street Applicant Phone: 584 -6750 Nort Ma 01060 Owner (print or Pe • Daniel Keith and Owner Signature: C Address: Jane Power Owner Phone: 68 Leonard Street (413 5ii4 -SUGu Leeds Page 3 of 4 • Northampton Conservation Commission Public Hearing Notice Subject to the Northampton Wetlands Ordinance and /or the Massachusetts Wetlands Protection Act A. The name of the applicant is: John J. Hanley and Patrick J. Melnik B. The applicant has filed a Notice of Intent, Abbreviated Notice of Intent, Request for Determination or Abbreviated Notice of Resource Delineation with the Northampton Conservation Commission, and is seeking permission to remove, fill, dredge or alter an Area Subject to Protection, or within 100 feet of an Area Subject to Protection, under the Wetlands Protection Act (MGL C. 131, §40), and the Northampton Wetland Protection Ordinance. C. The location of the property where the activity is proposed is: Street Address: 68 Leonard Street Map and Parcel: 6 -27 and 6 -28 D. The application may be examined at the Office of Planning and Development, 2 nd floor, City Hall, 210 Main Street, Northampton, between the hours of 8:30 AM and 4:30 PM, Monday through Thursday. E. Copies of the full application may be obtained from (check one): Applicant ❑ Representative by calling (413) 584 -6750 Other between the hours of 9 and 4:00 on the following days of the week: Monday throtigb Friday The fee for a copy of the application is: —0— F. Notice of the Public Hearing, including date, time and place, will be available at least one week prior to the public hearing at: 1. The Office of Planning and Development's voice messaging system at 587 -1266; and 2. w ww.NortliamptonP]anning.org under the public notice /meeting tab; and 3. In the Daily Hampshire Gazette legal ads. The Northampton Conservation Commission generally meets on the 2 " and 4th Thursdays of each month in Hearing Room 18, located on the 2 nd Floor of City Hall at 210 Main Street. Notice of the public meeting, listing all hearings, including the date, time and place, is posted in City Hall at least forty -eight (48) hours in advance of the meeting. You also may contact the Department of Environmental Protection Western Regional Office for more information about this application or the Wetlands Protection Act at: (413) 784 -1100. Page 4 of 4 Massachusetts Uepartment of Environmental ProOtion Bureau of Resource Protection - Wetlands Cityfrown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the John J. Hanley, Trustee of Beaver Brook Nominee Trust and pmelnik @verizon.net computer, use only the tab key Patrick J. Melnik E -Mail Address to move your 110 King St. cursor - do not Mailing Address use the return Northampton Ma key. Cityfrown State Zip Code 413 - 584 -6750 413 - 584 -6789 te Phone Number Fax Number (if applicable) 2. Representative (if any): Patrick J. Melnik Firm Contact Name 110 King St. Mailing Address Northampton Cityfrown 413- 584 -6750 Phone Number pmelnik @verizon.net E -Mail Address Ma 01060 State Zip Code 413 - 584 -6789 Fax Number (if applicable) B. Determinations 1. 1 request the Northampton make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and /or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). 01060 wpaformt.doc • rev. 07/14/04. Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 68 Leonard Street Street Address Maps 6- Assessors Map /Plat Number Northampton City/Town Parcels 27 and 28 Parcel /Lot Number b. Area Description (use additional paper, if necessary): Single Family home and adjacent lot located at 68 Leonard Street abutting property of Applicant, John J. Hanley, Trustee of the Beaver Brook Nominee Trust c. Plan and /or Map Reference(s): Plan done by Molly Hale as requested by Daniel Keith in connection with certification of vernal pool #2019 Title 2001 Date Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Owners of property constructed addition to their home with a porch between 1990 and 1993 according to Northampton Building inspector records. Work was done within 100 feet of wetland area that has been delineated by the Northampton Conservation Commission and superceding delineation by Department of Environmental Protection in 2000. Wetland flags and certified wetland area are shown on the Keith Plan as well as the addition There is no evidence that a request for Determination was ever filed by homeowner and no Wetland permit is recorded in the Hampshire registry of Deeds. Owners have also constructed a leaf composting facility adjacent to the certified vernal pool without a wetlands permit. Vegetation around the vernal pool appears to have been cut or pruned and is unlike the undisturbed vegetation on wetland of adjacent property owned by applicant. Leaf litter on the site appears to be stoc kpiled in composting facility. wpaforml.doc • rev. 07/14/04. Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1 - Request for Determination of Applicability � City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). None 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and /or attach appropriate documents, if necessary.) wpaforml.doc • rev. 07/14/04. Page 3 of 4 LI Massachusetts Liepartment of Environmental Proftion Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability city/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Attachment) were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Daniel Keith and Jane M. Power Name 68 Leonard Street Mailing Address Leeds City/Town Ma State Signatures: 01053 Zip Code I also understand that notification of this Request will be placed in a local newspaper at my expense in accorofnce with :4� 0.05 (3)(b)(1) of the Wetlands Protection Act regulations. I # C- � April 15, 2005 ignature f Appli V Date April 15, 2005 Si ature of Representative (if any) Date wpaforml.doc - rev. 07/14/04. Page 4 of 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab rerom A. General Information From: Northampton Conservation Commission To: Applicant John Hanley, Trustee of Beaver Brook Nominee Trust and Patrick Melnik 110 King Street Mailing Address Northampton MA City/Town State Property Owner (if different from applicant): Daniel Keith Name 68 Leonard Street Mailing Address 01060 Northampton MA 01060 Zip Code City/Town State Zip Code Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Leonard -1 Vernal Pond Title Building Permit for Daniel Keith Title Build Out and Open Space Plan- Beaver Brook Estates Title 2. Date Request Filed: 04/15/2005 Date 03/01/1990 Date Date 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): Construction of an addition to the Keith home in the 100 foot buffer of a Bordering Vegetated Wetland between 1990 and 1993. Maintaining a composting pit and pruning vegetation adjacent to a vernal pool and within the 100 foot buffer of a Bordering Vegetated Wetland. Project Location: 68 Leo nard Street Street Address 6 Assessors Map /Plat Number Northampton City /Town 27 and 28 Parcel /Lot Number wpaform2.doc • rev. 3/1/05 Page 1 of 5 `i(r 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 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: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2 doc • rev. 3/1/05 Page 2 of 5 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 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). Unless the proper permits are filed with the Northampton Conservation Commission, removal of vegetation or pruning of vegetation shall not be conducted beyond the existing lawn area. The composting area shall remain but cannot be expanded toward the vernal pool. ❑ 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 • rev 3/1/05 Page 3 of 5 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 B. Determination (cont.) ❑ 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: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Urdinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on Date Q7 /c(c/atX S Dat 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 Attachment) and the property owner (if different from the applicant). Date wpaform2 doc • rev 3/1/05 Page 4 of 5 Directions to Leonard 1 Vernal Pool 1. Drive to 68 Leonard Street, Leeds, MA 2 Walk down stone driveway. 3. From northwest comer of house, walk straight back 135' (N 80 W ) I I VERNAL POND PIN \ \ _LEONARD-1 SCALE.I'- 20' -O' 100' WETLAND BUFFER - c ►"- N/F JOHN HANLEY TRUSTEE BEAVER BROOK NOMINEE TRUST y TAX MAP 6 PARCEL 1 8 END OF FLAGGING 9� \ EDGE OF FLAGGED I WETLAND! \ N WOODS [HEMLOCKS] \ WOODED MARSH DRIE5 UP IN MAT \ /' �Yc \ STON \ 0 A 5 vi END OF FLAGGING i STONE PILE EDGE OF FLAGGED VERNAL POND WETLANDS OVER FLOW DITCH -' DRIE5 UP IN MAY I se STONE Z WALL WOODS �O, i [DECIDUOUS] 7 1 N/F DANIEL T. / JANE M. POWER TAX MAP G PARCEL X7 U y D TREE N/F DANIEL T. KEITH n P Z LINE / JANE M. POWER TAX MAP L PARCEL-28 N I 'A' - JEFFERSON SALAMANDER EGGMASS LOCATIONS f� 'B' - WOOD FROG EGGMASS LOCATIONS HOUSE P �^'10� o ( ✓� , ,� HOUSE CORNER Cent ficd VCrna -� Poo 1 * 200 Directions to Leonard 1 Vernal Pool 1. Drive to 68 Leonard Street, Leeds, MA 2 Walk down stone driveway. 3. From northwest comer of house, walk straight back 135' (N 80 W ) = = -_ ` _ = . .:... : . ::....:.. . i - ::..::...: -_-: i - = - - ---- --- - --------------- --- - ;:csrrt , r r_ =- 1 - - --- -- - --- -- --- - -- - - - - - - -- �= -- : : ..� :.. ...... .:__._ .......... _. _ - - -- --- -- ------ - - - - -- I - E! SR 1 i i i i , i i Q c o l �00 �o all NNERI GLORIA H. TUPERKEIZSIS BOOK 2257 PAGE 288 TAX MAP 6, PARCEL 37 JOSEPH & CHARLOTTE MARDAS BOOK 1420 PAGE 110 TAX MAP 6, PARCEL 38 THOM J, TUPERKEIZSIS JR. GLORIA TUPERKEIZSIS g00K 1622 PAGE 118 TAX MAP 6, PARCEL 39 - - _ KIM G. BIERWERT LOU ANN BIERWEI BOOK 3804 PAGE TAX MAP 6, PARC ANTHONY P. VILLANI BOOK 3804 PAGE 98 TAX MAP 6, PARCEL 40 PATRICK 06 PAGE 160 WAGNER I BOOK 49 TAX MAP 6, PARCEL 42 ti F. TAX MA' 6, PARCEL 36 � But T &OPEN SPACE PL BEA VER AN BROOK ES TA TES IFI Nnp nI A „�__ j - - ----- --- -- --- --=- - - - - -- -- _ -- -- ..... ............. - ::- - - - - -- Qo �RNAL POOL / ,f2019 43 h qs� 1 f . 1 , I 1 ' SHEET 1 PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON city Hall. 21 o Main Street, Room ii - North ampton, MA of o60 -3 i 98 - (4 1 3)5 8 7 -12 . 6 6 - Pax: 587 - 1264 Wayne Riden, Director • email: p lanning@citg.northampton.ma.us • internet :www.northamptonplanning.org Ur (o l. 2(0 +10 ZS 12 December 2002 Carol Vaughn and Susan Vaznis 62 Leonard Street Leeds, MA 01053 Re: Vernal Pool Dear Carol and Susan, (02 � a/ ()acAki� dF verrw,l pool It was brought to the attention of our office that you have done some clearing on the back one- third of your property. Under the Wetland Protection Act and the Northampton Wetlands Ordinance, this is not allowed, since the area is within the buffer zone to both a small stream�and a state certified vernal pool. In order to avoid an Enforcement Order and wetland violation fines, all existing vegetation must remain in place, there can be no further disturbance on either side of the stream and the area must be allowed to re- vegetate naturally as it provides important habitat for a variety of species, including some rare salamanders. I have enclosed some information on the Jefferson Salamander, one of the species identified in the vernal pool adjacent to your property, as well as the vernal pool certification. Also, there is going to be a vernal pool informational meeting in Leeds some time in January that might be interesting to attend. If you should have any questions, please feel free to contact me at 587- 1263. Sincerely, L r h 4soG o McPherson Conservation and Land Use Planner planning board - conservation commission • zoning board o f appeals • housing partnership • redevelopment authority • northampton GIS economic development • community development • bistoric district commission • bistorical commission • central business arcbitecture orig printed on "cled paper