39A-074 310 CMR 10.99
Form 2
DEP Fr.No. 1246-
(ro be orovWee oy oEP)
=7 - Commonwealth cioprown Northampton
of Massachusetts B & M Corporation
• Ao01�Gant
__ -J 4/26/93
=r==
Date Reoust File
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commiaci nn Issuing Authority
To B & M Corporation same
(Name of person making request) (Name of property owner)
Iron Horse Park
Address No. Billerica, MA Address
This determination is issued and delivered as follows:
:� by hand delivery to person making request on / (date)
tr- by certified mail,return receipt requested on S7� 7( ?- (date)
Pursuant to the authority of G.L c. 131, §40,the Northampton Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
Location: Street Address (Map # 53 46-72) , -(Map # 46-72) (Map #39A - 74) (Map # 32C-3 31-3 32)
(Map # 32A - 263) (Map #18A - 56) (Map #13 - 62-63)
Lot Number. (YAP ID. #)
This Determination is ositive:
1. p The area cescroed below,which includes all/part of the area described in your request, is an .
Area Subjec:to Protection Under the Act.Therefore,any removing,filling, dredging or
altering of that area requires the filing of a Notice of Intent.
2. E. 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.
Effective 11/10/89 •
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3. The work described below, which includes all;part of the work described.In your reouest, 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 Me 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. 7 The work described in your reauest 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. 7 The work 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. 7( 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 Northampton
Conservation Commission
Signature ) r 1
atiL
This Determination must be signed by a majority of the Conservation Commission.
•
On this _ day of May 19.23 ,before me
personally appeared B & M Corporation -_, to me known to be the
person described in. and who executed, the foregoing instrument,and ac., ,i131d.iirotitiiiat helsh6 executed
the same as his/her free act and deed. NOTARY PUBLIC
``-- MY Y C 0. �'COMMISSION EXPIRES JAN. 1 16
Notary Public - • My commission expires
This Determination does not relieve the aoci cant trom complying with all other applicable feoeral.state cr local statutes.ordinances.
by-laws or regulations.This Determination shall be valid for three years form the date of issuance
The applicant,me owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed work
r to be cone,or any ten resioents of me city or town in which such land is located,are hereby notifies of their right to request the Department
of Environmental Protection to issue a Superseding Determination of Applicability,providing the request Is made oy certified mail or hand
oelrvery to me Department,with the appropriate filing tee and Fee Transmittal Form as provioed in 310 CMR t0.03(7)within ten pays from
the came of cssuance of this Determination.A copy of the reouest snail at the same time be sent by certit ec mail or nano oeiivery to the
Conservation Commission and the applicant.
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