10B-088 227 main st con com.. f
Form 2
DEQE File No.
(To be provided by DEQE)
i�rl _ - = Commonwealth City/Town Northampton _ —
!! = of Massachusetts Fournier /Brown
Applicant —
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Northampton Conservation Commission Issuing Authority
T o Aldea Fournier Janet Brown Lawrence Bouley
(Name of person making request) (Name of property owner)
231 Main St. 225 Main Street 227 Main Street
Address T PPC1C _MA T.PPd, - MA Address T.PPds, MA 01053 _
This determination is issued and delivered as follows:
❑ by hand delivery to person making requ dst on (date)
KI by certified mail, return receipt requested on (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):
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 Protc,;tion 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.
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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. 12 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
Noticeoflntent. provided the work conforms to all of the conditions listed
on page 2.2$
3. El 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 Conservation Commission
Signature(s)
On this ["
personally appeared , A
person described in, and who
day of
, the foregoing instrument, and acknowledged that he /she executed
the-same as his /her free act and deed.
tary Public r
`_
My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal, atate or local statutes, ordinancea,
by -laws or regulations. This Determination shall be valid for three yeara 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 issue 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 time be sent by certified mail or hand delivery to the Conservation Commission and the applicant.
19 before me
to me known to be the
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This Determination must be signed by a majority of the Conservation Commission.
DETERMINATION OF APPLICABILITY (continued) Fournier /Brown
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, provided:
a) all stormwater run -off created by the paving of Mr. Bouley's parking area
shall be directed to the existing city storm drain sewer system either
by directing the run -off down Mr. Bouley's driveway or by extending the
existing storm drain system,
b) all work with regard to the parking area, past and present, shall conform
to the provisions of maintaining 100% compensatory flood storage in the
100 -year floodplain of the Mill River,
c) no additional fill may be brought on -site so as to increase the amount of
fill presently at the parking area.
2 -2B
Form 1
DEGE File No. I I
(To be provided by DEGE)
City/Town Northampton
Applicant Brown & Fournier
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
wAP Ida
1. I, the undersigned, hereby request that the •
Conservation Commission make a determination as to whether the ea, 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.)
Parking area to the rear of the property at 227 Main Street, Leeds
(see map)
r
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
proposed work.) Last year Mr. Bouley changed the elevation at the rear of his
property by bringing in fill to raise his parking area, which blocked the existing
drainage ditch, which we believe is in violation of the 100 -year floodplain area.
This created flooding to the property at 231 Main Street.
In order to correct the situation he installed a drain pipe across his property
and without permission, about 15 feet into the property of 225 Main Street, which creates
flooding and a swamp condition which makes it unusable for planting and it cannot be mowed
Mr. Bouley had informed Mr. Founier that he intended to blacktop this parking
area. We are concerned that this blacktop will increase the flooding in this area due
to the increase in impervious cover.
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4. The owner(s) of the area, if not the person making this request, has been given written notification of this
request on (date) to be hand delivered 5/4/83
The name(s) and address(es) of the owner(s): by Janet Brown
Lawrence Bouley
227 Main Street
Leeds, MA 01053
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on _ May 4, 1983 (date)
Northeast
323 New Boston Street
Woburn, MA 01801
Central
75 Grove Street
Worcester, MA 01605
Southeast
Lakeville Hospital
Lakeville, MA 02346
Western
Public Health Center
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 Name
Address
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