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32C-332 (3) 310 CMR 10.99 Form 2 �. OEPFI.NO. f 246- (To De orovw.d Dy OEP) ,�- Commonwealth Ciry,To,,,,n Northampton of Massachusetts • At7picant B & M Corporation a _ Oats Rimiest Filed 4/26/93 �. Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampson Conservation Comm;ssi 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: :3 by hand delivery to person making request on (date) tr-by certified mail,return receipt requested on Sb 7!/C?-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 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. (`AP ID. 11) This Determination is ositive: 1. 0 The area descnoec?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. ` 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 2-1 3. The work described below, which includes all;part of the work oescnbed.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 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 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 ) This Determination must be signed by a majority of the Conservation Commission. On this _ day of May before me personally appeared B & M Corporation .._, to me known to be the person described in. and who executed, the foregoing instrument,and a� yIErot he!sht executed the same as his/her free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES JAN. 18. 1906 r� f Notary Public - My commission expires This Determination coes not relieve the applicant from complying win all other applicable teoeral.state cr local statutes.Ordinances. bylaws or regulations.This Determination shall be valid for three years form the gate of issuance. The applicant,me 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 hereoy notified of meir right io reouest the Department of Environmental Protection to issue a Superseding Determination of Applicability,providing me request is made oy certifiec mail or hand Oelrvery to me Department.with the appropriate filing tee and Fee Transmittal Form as provided in 310 CMP 10.03(7)within ten days from the date of asuance of this Determination.A copy of me reouest snail at me same time be sent by certifiec mail or nano delivery to the Conservation Commission and the applicant. 2-2A