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
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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)
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-
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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-
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dw ling
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tt 360
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.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
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