07-035 < Ke
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION �C,—t A efV^
be r~x'c..A•"t - � : rC
10.99: continued
FG/c- DEP File No. 246 -
• - (To be provided by DEP)
Form 2
City/Town: _Northampton__
AUG 6098 Applicant Northampton Office of
Planning & Development
Commonwealth 07/15/9a
ofMassachusetts Date Request Filed -
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, § 40
THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24
FROM: Northampton Conservation Commission Issuing Authority
Wayne Feiden, Director
TO: Office of Planning & Development Northampton Conservation Commission
(Name of person making request) (Name of property owner)
Address 210 Main Street, Northampton Address c/o Planning Department, City Hall, 210 Main
:rtre..t, Notthamptu,,, MA 01060
This determination is issued and delivered as follows:
by hand delivery to person making request on August 5, 1998 (date)
❑ by certified mail,return receipt requested on (date)
Pursuant to the authority of G.L. c. 131, §40,the Northampton Conservation Cnmmiscion has considered your request for a
Determination of Applicability and its supporting documentation,and has made the following detemnnatiee{akeek.whichever
is applicable):
Location: Street Address Fitzgerald Lake Conservation Area
Lot/Map and Parcel Id Number. . . Map 7, Parcel 35
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,filing,dredging or altering of that area requires the filing
of a Notice of Intent.
2. ❑ 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. Therefore, said work
requires the filing of a Notice of Intent
4/1/94 310CMR - 401 401
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
3. 0 The work described below,which includes all/part of the work described in your request,is within the Buffer
Zone as defined 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.
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. (� The work you 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.
3. 0 The work you described in your-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
4. 0 The area you described in your request is subject to Protection Under the Act,but since the work you describe
therein meets the requirements for the following exemption,as specified in the Act and the regulations,no
Notice of Intent is required:
Issued by Northampton Conservation Commission
Signature(s) _
()f otic eE •
JrAil
This Determination must be signed by a majority of the Conservation Commission.
On this a7 day of --31",//s 19,k- ,before me personally
appeared C ./M145°.1 "Afro 4 " to me known to be the person described in,and who
executed, -
the�fore/going instrument,and acknowledged// �� that he/she executed the same as his/her free act and deed
�v CCA"' pP C Pa. 5,r a j a d o
Notary Public My Commission Expires
This Delamination does not relieve the applicant from complying with all other applicable federal,nate or local institutes,ordinances,by-laws or regulations.
This Determination shall be valid for three years from 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 light to request the Department of Environmental Protection to issue
a Superseding Determination of Applicability,providing the request is made by certified mad or hand delivery to the Department,with the appropriate filing
fee and Fee Transmittal Form as provided in 310 CMR 10.03(7)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
4/1/94 310 CMR-402 402