Chesterfield Road Determination of ApplicabilityImportant:
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Massachusetts of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
Northampton Conservation Commission
To: Applicant Property Owner (if different from applicant):
City of Northampton DPW
Name
125 Locust Street
Mailing Address
Northampton
City/Town
1. Title and Date (or Revised Date if as licable) of Final Plans and Other Documents:
DPW Pavement Project Chesterfield Roa• March 4, 2004
Title Date
Title
Title
2. Date Request Filed:
March 4, 2004
B. Determination
MA
State
Name
Mailing Address
01060
Zip Code City/Town
State Zip Code
Date
Date
Pursuant to the authority of M.G.L. c. 131, 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Work entails removing 8" of pavement, compacting subgrade, and overlaying new pavement. All
work will take place within the existing road bed.
Project Location:
Chesterfield Road Northampton
Street Address City/Town
Assessors Map /Plat Number Parcel /Lot Number
wpaform2.doc rev. 12/15/00 Page 1 of 5
Massachusetts dpartment of Environmental Protet -con
Bureau of Resource Protection Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
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 referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
2a. The boundary delineations of the following resource areas described on the referenced
plan(s) 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 Determination is valid.
2b. The boundaries of resource areas listed below are not confirmed by this Determination,
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 referenced plan(s) and document(s) 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 referenced plan(s) and document(s) 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 referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc rev. 12/15/00 Page 2 of 5
Massachusetts`_ partment of Environmental Prot ..Lion
Bureau of Resource Protection Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives 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 Tots, 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.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding 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 Department. 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.
If at all possible, work should take place between May 31 and June 30, or after September
30, to not interfere with the migration of spotted salamanders.
n R Tha Nn/nrk rtasrrihari in tha Raniiast is within tha Riiffar 7nna as riafinari in tha raniilatinns hilt
4. 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.
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Massachusetts° of Environmental Protb%,cion
Bureau of Resource Protection Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
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
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory/regulatory provisions)
6. The area and /or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name
C. Authorization
This Determination is issued to the applicant and delivered as follows:
by hand delivery on by certified mail, return receipt requested on
April 12, 2004
Date
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
to the appropriate DEP
appl ant). Signatures.
April 8, 2004
Date
ned by a majority of the Conservation Commission. A copy must be sent
ice (see Appendix A) and the property owner (if different from the
Date
Ordinance or Bylaw Citation
wpaform2.doc rev. 12/15/00 Page 4 of 5
1. Street Address: _aile., Cr Pipit cL Road /near Re‘SCr V c); r ?oo-d L-1-e ,c+ t1Y-
2. Assessor's Map: N /A Parcel(s):_
Additional property description:
3. Check list of filing requirements (Check the items enclosed with this application.)
A Site Plan including the following:
NORTHAMPTON WETLAND PERMITTING SUBMITTAL REQUIREMENTS
REQUEST FOR DETERMINATION OF APPLICABILITY
File with the Office of Planning and Development
City of Northampton, Massachusetts
Boundary of entire lot and notation of lot area work Q
Numbered wetland flags
50' AND 100' wetland buffer
Mean Annual High Water line, for riverfront permits
100' inner riparian zone AND 200' outer riparian zone, for riverfront permits
p. Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas
Proposed hardscape (ie: footprint of addition, driveway, walkways, terraces, etc...)
Existing edge of vegetation accurately measured or surveyed
Proposed removal of vegetation and /or significant (8 DBH) trees within the 200' riverfront area,
wetland and 100' wetland buffer.
Proposed landscaping and plantings within the 200' riverfront area, wetland and 100' wetland
buffer.
Proposed grading, if applicable, using 2' contours
Location of erosion control barrier and limit of work line
Elevations in feet (not meters), for projects within the floodplain
1:20 scale, if possible
l am requesting a waiver of one or more of the above requirements for the following reasons:
War IC- t'5 W'`�ry) Cirri f 5 OF tre.meri 1 On che.s em eJd, Road
Documentation of the date the lot was recorded, for riverfront permits
Nine (9) copies of the fully completed Request of Determination of Applicability form and all
necessary attachments
Nine (9) copies of plans, each one folded (not rolled) and collated with an application form
$85 Northampton RDA Filing Fee (check made payable to the City of Northampton)
Self- addressed, business sized (no. 10) envelope
We believe and understand that (initial each item below):
__g __We have provided all the information required in the checklist above;
__If this application is incomplete, the Office of Planning and Development reserves the right to hold
back the application from public hearing until such time that it is complete;
must check for the date and time of our public hearing, which will be posted on the OPD
website www.NorthamptonPlanninq.orq the Tuesday following the application deadline. The schedule
ca also be heard on the OPD voice mail system Friday (8 days) after the application deadline;
a__If we are requesting any waivers of submittal requirements, the permitting process may take
longer;
__The Office of Planning and Development will send us a Public Hearing Notice stating that a
Request for Determination is pending with the Northampton Conservation Commission, which we will post
one property (facing the public- right -of -way) at least 5 days prior to the public hearing.
The plans submitted are now in the public domain and may be copied freely in any form; and
_The Conservation Commission and their representatives have permission to enter the property.
Applicant (print or type?. Ki-e.yolbt Signate:
Address: /25 Loc,u.d. Sj Phone: 5-rl— C2
Owner (print or type): S 4rre a.S a CJV Q Signature:
Address: Phone:
wpaform1.doc •rev. 02/00
OPD rev 10/03
assac setts_ Department of Envoy mental Protection
Bureau of Resource Protection Wetlands Northampton
City
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §O
and the Northampton Wetlands Ordinance
A. General Information
1. Applicant:
klOr 194 D eW C/ plCu clt t@nc�toolrw .vrq
Name E -M ail Address J
125 L6cu.s S t
Mailing Address
1\10 tila.rn M�{ 0(066
City/Town 1 State R5 Code
r37-6 x. 30 "9- 2)7.-
Phone Number Fax Number (if applicable)
Firm
Contact Name E -Mail Address
Mailing Address
City/Town
Phone Number Fax Number (if applicable)
B.Determinations
1. I request the Northampton make the following determination(s). Check any that apply:
Conservation Commission
ix, a. whether the area depicted on plan(s) and /or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced
below are accurately delineated.
c. whether the mrk depicted on plan(s) referenced below is subject to the Wetlands Protection Act.
d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction
of the Northmpton vitlands ordinance
e. whether the following scope of alternaties is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
n
State W) Code
Note: Th Northmpton Conseration Commission requires th Northmpton Wetland Permitting
Submittal Requirements chclist and a total of nine Ibollated copies of th completed Request
for Determination application,includingupporti ngalans and documents,togthr ittth
Northmpton filingee Includes an adurtisingee)
Page 1 of 1
wpaformt.doc •rev. 02/00
OPD rev 10/03
(l
Massacbsetts Department of Envonmental Protection
Bureau of Resource Protection Wetlands Northampton
City
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40
and the Northampton Wetlands Ordinance
C.Projct Description
1. a. Project Location (use maps and plans to identif�y location of the area subject to this request):
Street Address Cit f /To
y t
l 'ke,S T,fi tri 1
Assessors Map Number (REt$tED)
b. Area Description (use additional paper, if necessary):
o- a,vemevt
z.
•1 r
L I
Parcel /Lot Number (REIIRED)
mn p a (D-P ho ce 2 f; coa.+ pa,uc ,tn rP
ti n 0l I f i e arl I• n r r i n I n iPry on
po s4- r-ui-4;rm Priverr a i work. w l l take, lact 0-P 6V1 era vP
a.f
c. Plan and /or Map Reference(s):
1- 0 c.u.s w1a -Dew eavt✓VY1Pin t Rose-et
C?,G +-er cre I d Ro a 4
Title
Title
Title
2. a. Work Description (use additional paper and /or provide plan(s) of work, 'if
Work. LA.); 1) 2+1`1 1 re,clorm n j 8 04 P.)Y.P 1T. Co-nn ro.c
U.) new eavr Mvv (a .in v14610 n c -14,1 5 ct -e.. a_ C10 ti
rlc��n (1oo� yv_ar'� i' 6 tA)■11 140. y-P me) ved. �v7lvrl I_ P. pri dZ
to COMr0.r3f' ed1 !-P fr.:4A/ 1:1 t o ii)�; F))1' s h .rt UJi L I k� no
.•40 ,A I/'I
7 1
V r-1 rrll 4, 2 °0 L
Date
Date
Date
Page 2 of 2
wpaforml.doc rev. 02/00
OPD rev 10/03
(Th
C.Proj3ct Description (cont.)
I no year 4 lac)4 Fla n(\ .etv.va +ulv)s
Massacbsetts Department of Enironmental Protection
Bureau of Resource Protection Wetlands Northampton
City
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40
and the Northampton Wetlands Ordinance
b. 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).
J i nq rr� nouvit� u.) or no PnCi ()So 1Y_tCenP.S n7C` n
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront
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 a lot recorded after 8/1/96
Project, other than a single family house or public project, where the applicant owned the lot
before 8/796
New agriculture or aquaculture project
Public project where funds were appropriated prior to 8/796
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 project
District, county, state, or federal government project
Project required to evaluate off -site 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 LS. Army Corps of Engineers or 401 Water Gblity 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.)
Page 3 of 3
wparorml.doc ley. 02/00
OPD rev 10/03
Massacbsetts Department of Enironmental Protection
Northampton
City
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §O
and the Northampton Wetlands Ordinance
Bureau of Resource Protection Wetlands
D.Sigatures 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 DEP Western Region Office,
were sent a complete copy of this Request (including all supporting plans and documents) 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.
Name and address of the property owner:
CC ri o- f or kel rj'en Dpi
Name
Mailing Address
City/Town
State
Signatures:
12. T, Lo c_u.Si St
,AA c)/(0 6
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, and I have included
the $35 ing fee (separate check made ayable to the Daily Hampshire Gazette).
/ThLCJ c 6 1
Date
Signature of Applicant
Signature of Representative (if any)
Affidavit of Service
hider the Northampton Wetlands Protection Ordinanc
Applicability the following action is required:
(name of person making the Affidavit)
of perjury, that on /by
Department of Environmental Protection
43®wight Street
Suite 402
Springfield, MA 01103
Code
Date
e when filing a Request for Determination of
hereby certify under the pains and penalties
I posted a sign on the property (facing the
(insert date)
public- right -of -way) at least 5 days prior to the public hearing stating that a Request for Determination
is pending with the Northampton Conservation Commission and indicating where additional information
can be obtained.
Page 4 of 4
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