32C-331 (19) 310 CMR 10.99
Form 2 tt
DEP Fie No. 1246-
. .:,
(To be o►orwsa oy OEP)
Commonwealth city/row, Northampton
f • Applicant
of Massachusetts B & M Corporation
4/26/93
Data Asousst Filed
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Con-miss-inn 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:
:r by hand deiivery to person making request on (date)
/c
t'' by certified mail,return receipt requested on SZ) 7! '-3 (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_s_upporting documentation,and has
made the following determination(check whichever is applicable):
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Location: Street Address (Map # 5 3 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: (`AP ID. #)
This Determination is ositive•
1. C.: The area oescrioeid below,wnich includes all/part of the area described in your request, is an .
Area Subject to Protection Under the Act.Therefore, any removing,filling,dredging or
altering of that area requires the filing of a Notice of Intent.
2. 0 The work described below,which includes alUpart 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 SuDlect to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
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This Determination is negative:
1. The area described in your request is not an Area Subject to Protection Under the Act.
2. =: The work 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. . 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. )( The area described in your request is Subject to Protection Under the Act, but since tne 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
% 1/ '
Signature )
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This Determination must be signed by a majority of the Conservation Commission.
On this _ day of May 199-3 ,before me
personally appeared_B & M Corporation , to me known to be the
person described in. and who executed, the foregoing instrument.and aGy itilVi o t he!sht executed
the same as his/her free act and deed. NOTARY PUBLIC
Z^V COMMISSION EXPIRES JAN. 16. 1M6
Notary Public - • My commission expires
This Determination coes not relieve the applicant from complying with all other apolicaole federal.state cr local statutes.ordinances,
by-laws or regulations.This Determination shall be valid for three years form tne pate 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 cone,or any ten resioents of the city or town in which such land is located,are heresy notified of their right to reouest the Department
of Environmental Protection to issue a Superseding Determination of Applicability,providing me reouest is mace oy certdiec mail or nand
delivery to the Department,with the aoprcprtate filing tee and Fee Transmr(tal Form as proviced in 310 CMR 10.03(7)within ten Days from
the oate of rssuance of this Determination.A copy of me reouest shall at the same time be sent by certified mail or nano oelivery to the
Conservation Commission and the applicant.
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