Loading...
07-017 (6) ,i. Mas achusetlflejifFnedtaf'f4uriroaoi�lPiahetlnn Fl “"' h Bureau of Resource Protection—Wetlands 0 i 7 DEP WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 0 General Information From: 3, Title and Final Revision Date of Plans arid Other Documents: Northampton Conservation Commission "Mortgage Loan Inspection Plat - Nor th- Cois n2b ,amrussioc —. —.... ...... ampton, Massachusetts Prepared For I, Applicant: Louise B. Homestead," dated 3/23/1988 Susan Eddy Mine afa mMakuvy it.2n 360 North Farms Road _ rrr;:;ngmoos Florence CiqAown MA 01062 Sure to Cole t11 G""� '� H2 � . Property Owner: I Susan Eddy })1 1A1mmgdagMyamigg b irimmg 7 _160 North Farms Road MdmkeisDEPT • . ... Florence �- ago., MA 01062 State Z@Coa El Determination —....— Pursuant to the authority of M.G.L.c.131,§40,the _Northampton Conservation Commission Cmsention Commissm • has considered your Bequest for a Determination of Applicability,with its supporting documentation,and has made the fogey/Mu Determination regarding: • 360 VQJrh Farms Road__ SlrzetAddress Florence 01062 Cra;1?awn Iru Cone Map 7, Parcel 17 AUCso,Mz: ws PartnAas • r. Massachusetts Department ofEaYlranmenta Protection. - Bureau at Resource Protection-Wetlands DEP WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.aL. a 131, §40 i0 Determination (cont.) The following Determination(s)is/are applicable to the 72 5.The area and/or work described on plan(s)and proposed site and/or project relative to the Wetlands documents)referenced above,which includes all or part of Protection Act and Regulations: the work described in the Request,is subject to review and approval by Positive Determination Note:No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions ha:xumumraLry (issued following submittal of a Notice of Intent or pursuant to the following wetlands law,bylaw,or ordinance Abbreviated Notice of Intent)has been received from the (name and citation of law). issuing authority(i.e.,conservation commission or the Department of Environmental Protection). 1.The area described on the plan(s)referenced above, which includes all or part of the area described in the Request is an area subject to protection under the Act. • Therefore,any removing,fining,dredging,or altering of that area requires the tiling of a Notice of Intent. 6.The following area an War work,if any,is subject to 2.�TDe delineq,of the boundaries of the resource municipal bylaw buts t subject to the Massachusetts areas listed directly below,described on the plan(s) Wetlands Protection Act • referenced above,Mich includes an or part of the area described in the Request,are confirmed as accurate: -.... 2 7.If a Notice of Intent is tiled for the work in the Riverront Area described on plans and documents referenced above, Therefore,the resource area boundaries confirmed in this which rnctudes all or part of Me work described in the Determination are binding as to all decisions rendered Request,the applicant must consider the following pursuant to the Wetlands Protection Act and its regulations alternatives(Refer to the Wetlands Regulations at regarding such boundaries for as long as this Determine- 10.58(4)c.for more information about the scope of lion is valid.However,the boundaries of resource areas not alternative requirements) - listed directly above are to confined by this Determine- . tion,regardless of whether such boundaries are contained Alternatives limited to the lot on which the project is on the plans attached to this Determination or to the located. Request for Determination. Alternatives limited to the lot on which the project is TT 3.The work described on plan(s)and document(s) located,the subdivided lots,and any adjacent lots formerly referenced above,which includes all or part of the work or presently owned by the same owner. described in the Request,is within an area subject to protection under the Act and will remove,fill,dredge,or - Alternatives limited to the original parcel on which the alter that area Therefore,said work requires the filing of a protect is located,the subdivided parcels,any adjacent Notice of Intent. parcels,and any other land which can reasonably be obtained within the municipality. = 4.The work described on plan(s)and document(s) referenced above,which includes all or part of the work - Alternatives extend to any sites which can reasonably described in the Request,is within the Buffer Zone and will be obtained within the appropriate region of the state. alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. r �llr Massachusetts Department of Environmental Protection t±»,' " Bureau of Resource Protection-Wetlands DEPWPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Determination (cont.) Negative Determination = 5.The area described in the Request is subject to protection Note: No further action under the Wetlands Protection Act under the Act Since the work described therein meets the is required by the applicant.However,if the Department of requirements for the following exemption,as specified in Environmental Protection is requested to issue a Supersed- the Act and regulations,no Notice of Intent is required: ing Determination of Applicability,work may not Proceed on this project unless the Department fails to ad on such request within 35 days of the date the request is post- F1motAai"b" marked for certified mail or hand delivered to the Depart- —,i_�,,,_,,, ment.Work may then proceed at the owner's tisk only upon notice to the Department and to theconservation 6.The area and/or work described in the Request is not commission,Requirements for requests for Superseding subject to review and approval by Determinations are listed at the end of this document 11. 1.The area described in the Request is not an area subject Woe auw;aiparny to protection under tee Act or the Buffer Zone. pursuant to a municipal wetlands law,ordinance,or bylaw, 2.The work described in nim Request is within an area (name and citation of bylaw). 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. 11 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 A.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, ® Authorization This Determination must be signed by a majority of the conservation commission.A copy must be sent to the This Determination is issued to the applicant and delivered appropriate Department of Environmental Protection as toilows: regional office(see appendix A)and the property owner(if different from the applicant). by hand delivery on Signatures: Die i by certified man,return receipt requested on January 11, 2000 P/ r Dare -... t' i .1711- 112-,-+. 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). — f 9 This Determination does not relieve the applicant from complying with all other applicable federal.state,or local statutes,ordinances,bylaws,or regulations. e 111 Dee Rev.10+98 4 Massachusetts Department of Environmental Protection eft. • Bureau of Resource Protection—Wetlands DEP WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 0 Appeals The applicant,owner,any person aggrieved by this Determine- issuance of this Determination.A copy of the request shall at lion,any owner of land abutting the land upon which the the same time be sent by certified mail or hand delivery to the proposed work is to be done,or any ten residents of the city or conservation commission and to the applicant R he/she is not town in which such land is located,are hereby notified of their the appellant.The request shall state clearly and concisely the right to request the appropriate Department of Environmental objections to the Determination which is being appealed.To the Protection Regional Office to issue a Superseding Determina- extent that the Determination is based on a municipal bylaw, tion of Applicability.The request must be made by certified and not on the Massachusetts Wetlands Protection Act or mail or hand deliveryto the Department,with the appropriate regulations,the Department of Environmental Protection has no filing fee and Fee Transmittal Form(see Appendix E Request appellate jurisdiction. for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of • • ao3oadsu1 8u;piing oITTlsd Auogtuy