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07-017 Determination of Applicability-- Wetlands ProtectionI Form 2 ('? Commonwealth of Massachusetts OEQE File No- (To be provided by DEQE) Cityrown Northampton Applicant Homstead Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Northampton Cop s ervation Commission Issuing Authority To Louise Homstead sane (Name of person making request) (Name of property owner) Address 360 N. Farms Rd Northampton Address same This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) ( ' ® by certified mail, return receipt requested on 5/1 /86 (date) Pursuant to the authority of G L. c. 131, §40, the has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): 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, 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. I 2 -1 3. ❑ 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 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. 9 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 fling of a Notice of Intent, provided hay bales are placed and staked sufficiently - to prevent erosion /siltation into the bordering vegetated wetland /brook. 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(s) r � l , This Determination must be signed by a majority of the Conservation Commission. On this i /',� day of s 19 , , before me personally appeared % l L , , to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed the same as his /her free act and deed. Notary Public My commission expires This Determination does not relieve the applicant from complying with all other appOCable federat, state or local strules, ordinances, by -laws or regulations. This Determination shall be valid for three years form 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 right to request the Department of Environmental Quality Engineering to hsue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination. A copy of the request shall at the same lime be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 2 -2A Form 1 Commonwealth of Massachusetts DEQE File No. ITo be w.Aded by DEDEI Applicant Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 1. I, the undersigned, hereby request that the 641gmQk2� Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) 1ac1.y,�^e. &5 i5 Ple'se See - a fO_CkeJ mcp. 3bo N.1 DNS 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) IN 20 ' X. 2.0 O, sj-Q-, aT 1 'io uSCJ a5 S1q.oi.N1 in cL�'c,.c�t.c� �lA.vt, t 6Z4 C` 12' x 21 t QcL-1- c�ttovl. /� C y c�tar »e � ) 6�, ' 1 �o�e e, 'fy)C Qy 1 - r6 �e'�Y`P 5.YYa7 an p p�Stan.. 1 -1 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on (date) The names) and address(es) of the owner(s): 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Quality Engineering on (d` Northeast Southeast 323 New Boston Street Lakeville Hospital Woburn, MA 01801 Lakeville, MA 02346 Central Western 75 Grove Street Public Health Center Worcester, MA 01805 University of Massachusetts Amherst, MA 01003 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. Signature �u 13 Address 3'60 AJO Fq zinc /�­J- F_Zipq i �(e _ Tel. °7/3- i 1-2 6 -- Massacliasetts Dp�artme0t of S7 Protection Bureau of ResouN.,rotection - Wetlands •-� WPA Form 2 = Determination of Applicabilit Massachusetts Wetlands Protection Act M.G. L. c. 131, X40 General Information From: 1. Applicant: Northampton Conservation Commission "Mortgage Loan Inspection Plat — North — Conservalion Commissior, Susan F.ddv_ Name of Person MakingReaxst _360 North Farms Road Mailing Address Florence Cily/Town oz�ip- Stale 2. Property Owner: 01062 Zip Code Susan ddy Name of Property00ver (if di &ent from appilranl) 360 North Farms Road Mailing Address Florence CtWown 1 "H 01062 State Zip Code 3. Title and Final Revision Date of Plans and Other Documents: ampton, Massachusetts Prepared For Louise B. Homestead," dated 3/23/1988 t Determination Pursuant to the authority of M.G.L. c. 131, §40, the Northampton Conservation Commissi Conservation Commission has considered your Request for a Determination of Applicability, with its supporting documentation, and has made the following Determination regarding: . 360 North Farms Road Sheet Address — Florence 01062 City/Town Zip Code _Map 7, Parcel 17 Assessors Map/Plat t ParcelAof I Rev. 10/98 . 5 Massachusetts Oer - -tment of Environmental Protection . Bureau of Resourci>..otection — Wetlands WPA Form 2 = Determination of Applicability Massachusetts Wetlands Protection Act M.G. L. c. 131, X40 0 Determination (coot.) The following Determination(s) is/are applicable to the proposed site and /or project relative to the Wetlands Protection Act and Regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the 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, filling, dredging, or altering of that area requires the filing of a Notice of Intent. 2. The delineations of the boundaries of the resource areas listed directly below, described on the plan(s) referenced above, which includes all or part of the area described in the Request, are confirmed as accurate: Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determina- tion is valid. However, the boundaries of resource areas not listed directly above are not confirmed by this Determina- tion, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. 3. The work described on plan(s) and document(s) referenced above, which includes all or part of the work described in the 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. The work described on plan(s) and document(s) referenced above, which includes all or part of the work described in the Request, is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. 5. The area and/or work described on plan(s) and document(s) referenced above, which includes all or part of the work described in the Request, is subject to review and approval by Name ofMuniapaliry pursuant to the following wetlands law, bylaw, or ordinance (name and citation of law). 6. The following area and /or work, if any, is subject to municipal bylaw but = subject to the Massachusetts Wetlands Protection Act = 7. If a Notice of Intent is filed for the work in the Riverfront Area described on plans and documents referenced above, which includes all or part of the work described in the Request, the applicant must consider the following alternatives (Refer to the Wetlands Regulations at 10.58(4)c. for more information about the scope of alternative requirements) : Alternatives limited to the lot on which the project is located. Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Rev. 1OM - - - -- — DEP Massachusetts Department of Envimmeabi Protection Bureau of Resour&,...,otection - Wetlands Massachusetts Wetlands Protection Act M.G. L. c. 131, X40 Determination (cont.) WPA Form 2 - Determination of Applicability Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department of Environmental Protection is requested to issue a Supersed- ing Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post- marked for certified mail or hand delivered to the Depart- ment. Work may then proceed at the owner's risk only upon notice to the Department and to the conservation commission. Requirements for requests for Superseding Determinations are listed at the end of this document. = 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. 2. The work described in the 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 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. = 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and regulations, no Notice of Intent is required: fxempl Aawly 6. The area and /or work described in the Request is not subject to review and approval by Name o /Municipality Pursuant to a municipal wetlands law, ordinance, or bylaw, (name and citation of bylaw). Authorization This Determination is issued to the applicant and delivered as follows: by hand delivery on Date j by certified mail, return receipt requested on January 11, 2000 Rev. 10/98 Dale 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). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the conservation commission. A copy must be sent to the appropriate Department of Environmental Protection regional office (see appendix A) and the property owner (if different from the applicant). Signatures: -• - 1 111 Page 3 014 DEP Massachusetts Der - # went of Environmentai Protection • Bureau of Resources .otection — Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G. L. c. 131, X40 Appeals The applicant, owner, any person aggrieved by this Determina- tion, 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 right to request the appropriate Department of Environmental Protection Regional Office to issue a Superseding Determina- tion of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business 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 to the applicant if he /she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or - regulations, the Department of Environmental Protection has no appellate jurisdiction. Rev: 10/98 - t • y ?lease type or Pft aearty a information requested on this form. I Nassaclwsetts Department of Environmental Protection Bureau of Resouice Prot " — Wetlands WPA Form I = Request for Determination of Ap plicab ili ty q Massachusetts Wetlands Protection Act M.G. L. C. 131, X40 General Information 1. Applicant: 2. Representative (if any): C Firm Ma Conrad Name QyTown MadinyAddras O e!11 A a to 6L, CA ate.+ Sere Zip Code _ Cily/fown 'a p Phase S1ah. Zip Code z O W to Far Number(dapplipble) ROMMgnber O w Cd • F MailAddiess (d. fipple) Fax M#nter(ifV#kable) a.+ 41 O a+ F- mailAddress (ilv#k") Cd Determinations d = D. whether the area and/or work described and/or 1. As the applicant, I, request that the depicted on plan referenced below is subject to the jurisdiction of any municipal wetlands protection law or 64 �Il bylaw of a t a i C orsava*nC onmiulon make the following determination(s) (check any that m apply): Alameo/Munapaldy oa 41 Cd - A. whether the area depicted on plan(s) and /or maps) — E. the scope of alternatives to be considered for work v U referenced below is an area subject to jurisdiction of the (described below) that is located in the Riverfront Area. a P-r Wetlands Protection Act. O a ++ a 41 td c = B. whether the boundaries of resource area 4 e indicated and depicted on plan(s) and/or map(s) referenced N below are accurately delineated. 0 o c � C. whether the work described and/or depicted on plan a referenced below is subject to the Wetlands Protection Act. a a M 4 U bo a o -W � Project Description Z r CO 4.4 1. The project location is described as follows. (Use map(s) b. Area Description (use additional paper if ne sary): U and/or plan(s) to identify the location of the area subject to�lZ� this request.) a. Location: J Scree Tess City/Town c. Plan and/or map reference(s) (lisf title and date): - 7 r 7 RR 1 tv w s AssessoisMaaftit (REQUIRED) Pane / lev.10t98 1 DEP Massachusetts Department of Environmental Protection Bureau of Resource Pr °tion — Wetlands WPA Form r- Request for Determinat on of Applicability Wetlands Protection Act M.G. L. c. 131, X40 t_ .—V - -' -- - -- - - Project Description (coot.) 2. The proposed work is described below. (If needed, provide plan(s) of work.) a. Work Description (use additi al paper, if necessary). s �c.YiC.cv� b. Exemptions. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverf ront Area, indicate the one classification below that best describes the project. �. Single family house on a lot recorded on or before 8/1/96 - Single family house on a lot recorded after 8/1/96 `= Expansion of an existing structure on lot recorded after 8/1/96 - Project, other than a single family home or public project, where the applicant owned the lot before 8/7/96 - New agriculture or aquaculture project - Public project where funds were appropriated prior to 8/7/96 - Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision - Residential subdivision; institutional, industrial, or commercial project - Municipal projects - District, county, state, or federal government project Project required to evaluate off -sfte alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above. Use additional paper and/or attach appropriate documents, if necessary. � A Rev. 10/98_ —. _ . - - - — - - -- - Page 2 of 3 Massachusetts fiepartment of Environmental Protection . Bureau of Resource Prc on - Wetlands WPA Form 'I - Request for Determination of Applicability :G.L. c. 131, Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate Department of Environmental Protection Regional Office (see Appendix A) were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the conservation commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations * * ** & L Sipn"C o/Apok" pan M.1 Name The name and address of the property owner. Abiln� /low CiYMIM / Slate Zip Code ****The f iling fee of $20.0 includes this cost. ev. 10/9$__ Page 3 of 3- -T11TS P '00,O _ 23 dw ling a g'_ .. tt 360 C) Co x t o o 2 Ih y a Lr ¢ .IY�ANC -S BY PLAN - C�J 7 r' shed r RECORDING PURPOSES- 95 NORTH FARMS ROAD TO: THE HERITAGE -NIS BANK FOR SAVINGS THE TICOR TITLE INSURANCE COMAPNY. I HEREBY REPORT THAT I HAVE EXAMINED THE PREMISES, AND BASED ON EXISTING 1 NUME_ITATION ALL EASIEMENTS, E NCROAC T .R AI AE I NT S , =.L.D B�_:..�i..GS ARE LO ON THE GRCUND S vt1 Y1 .: r.i ^•�irm mrr.•. prrrr .•.T n - -- . vt•�. cu•v L acii tLA LU 1LDINGS ARE ENTIFEL - Y Wi7HIN THE LO LINES. I FURTHER REPORT THAT THE PROPERTY IS NOT LOCATED IN A FLOOD PRONE AREA AS SHOWN ON FEDER' INSURANCE MAPS FOR COMMUNITY NUMBER 250167 DATED: March 23, 1933 S U R V E Y O RC - ;4 r+AP.00 x L �Ta+ No. 2N t t C -NOTE - THIS PLAT FOR MORTGAGE LOAN PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY SURVEY - MORTGAGE LOAN INSPECTION PLAT- NORTHAMPTON, MASSACHUSETTS PREPARED - LOUISE B. HOMESTEAD SCALE:1' =40' MARCH 23, 1988 HAROLD L. EATON AND ASSOCIATES, INC. REGISTERED PROFESSIONAL LAND SURVEYORS 9 SUNRISE DRIVE - HADLEY - MASSACHUSETTS v /�� �OL��