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10B-112 Mill River Greenway Main St Leeds planI REPORT THAT THIS PLAN HAS BE E N PR E PA R ED IN CO NFORM ITY WITH THE RULES a REGULATIONS OF THE REGISTERS OF DEEDS OF THE COM MONXVEALTH OF MASS. I.P. FND. MICHAEL A. MACDONALD 8 MARGARET J. AR ROZ B K.2298, PG.53 PL .BK. 29 Board has made no 8 y• The Planning x ermination as to conformance Mop �det rovi sions of this lot with the P O bo i Ordinance- �� of the Zoning *'j• 0 A o ti STONE O� M ON� I.PSET N o� o�o ti 0 N 2897120.57 M G S E 480,888.48 0 N4o' c A Q- A, � v 0 � O Q) • p �h �O P L ANN( NG BOARD AP PROVAL UNDER SUB DIVISION CONTROL LAW NOT REQUIRED ,F - b'R T HA F7T N N IN G BOARD N268,814.02 MGS E480,932.35 EDGE OF eR S � ° 47b 5 m w S 50�5v` E m � - SEE: PL. B K. 17, PG-68 PARCEL MARKED 3,500± s.f. IS FOR DESCRIPTIVE PURPOSES ,NOT A BUILDING LOT PREMISES SUBJECT TO FLOWAGE RIGHTS IN BK.1129,PG.326 / . 0 E _//;_1 14 r r _ _ •__.r -__ - - •fi �t � � � --_ _ � �- • MILL PIVER ------------ Cb f % ArMOXIMATE WATI OP - yes To m KE J6 PlArl- .� tp 7SILT FEWE: e s`' &Rnqf-:0 - I" 5A ND 5 0 mvaRS - OR' $LOCKS 1v�A1l�! STREE IR M ,N S T.EEC T , /--.E E 4', y, A'1 - - - OcI - 0 6FR . 200 C MH g �✓ CAA.i . %t" y �'. p ., conVW ! r .4AoVci4.Ai 7: i, O q JrM PAR5M ° bL . and Scanned -- -- Digitized Checked "ILL RIVER DE NC Z (&KA0411'� BLOC-Ks r-p,om DAMS) M�'�! STREW T c- A -G 0 e- /A T/ 0,V M A / IV 4S i / Al A OC1 21c.11 gy CAA-e- ,)r,M PAR-cpM! dAl - Pqts 1 �� Scanned t0Q)- I Digitized Checked C -f, 6 NIX - 66M 0 6-A IRA &1 16 PlArl- 6 1 ..... DIG AREEA: 12 &gol�-O ., ND C p a, DE NC Z (&KA0411'� BLOC-Ks r-p,om DAMS) M�'�! STREW T c- A -G 0 e- /A T/ 0,V M A / IV 4S i / Al A OC1 21c.11 gy CAA-e- ,)r,M PAR-cpM! dAl - Pqts 1 �� Scanned t0Q)- I Digitized Checked 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued DEP File No. 1 246- —1 (To be provided by DEP) e s W leN City /Town: Northam — Applicant 1xeos c, , j i .AssoC SU5A C4Ae1r-) Commonwealth of Massachusetts Date Request Filed - 04/09/99 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: Northampton Conservation Commission I ssuing Authority Susan D. Carbin TO: Leeds Civic Associnti on Russell Myete- (Name of person making request) (Name of property owner) 18 Mulberry Street 86 Riverbank Road Address Leeds, MA 0 Address Northampton, MA 01060 This determination is issued and delivered as follows: ❑ by hand delivery to person making request on 6 by certified mail, return receipt requested on May 6, 1999 (date) (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 determinatimp( she& whichever is applicable): Location: Street Address 182 Main Street, Leeds Lot/Map and Parcel Id Number: Map lOD, Parcel 33 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, filing, 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. Therefore, said work requires the filing of a Notice of Intent. 4/l/94 310 CMR - 401 401 Now 1W.+' 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 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 you 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 you described in younrequest 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. *The applicant is required to install a silt fence between the proposed work and the bank of the River. 4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe 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) 19 99 , before me personally This Determination must be signed by a majority of the Conservation Commission. On this 26th appeared Mason Maronn executed, day of April to me known to be the person described in, and who the foregoing iq1hument, and acic_powledged that be /she executed the same as his/her free acLand_deed. JOHN o DEN'E!T III Notary rinationshall � 1�g� � tree This Detieve the applicant from complying with all other applicable federal, state or local institu� t s, o� innar s, - This Det lid for three years fro m 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 Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) 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. 4/1/94 310 CMR - 402 402 Office of Planning and Development City of Northampton City Hall - 210 Main Street Northampton, MA 01060 - (413) 587 -1266 FAX (413) 587 -1264 - EMAIL planning @city.northampton.ma.us - Conservation Commission - Historical Commission - Planning Board - Housing Partnership - Zoning Board of Appeals April 20, 1999 Leeds Civic Association Susan Carbin, President 18 Mulberry Street Leeds, MA 01053 Dear Ms. Carbin: ....r The Request for Determination filed by the Leeds Civic Association to erect a memorial stone listing the names of Leeds residents killed in the Flood of 1874 at 182 Main Street has been submitted to the Northampton Conservation Commission, and the Public Hearing will be conducted at its meeting scheduled for April 26,1999 at 7:45 P.M. in Hearing Room 18, Second Floor City Hall, 210 Main Street, Northampton. A representative(s) of the Leeds Civic Association is required to attend this meeting to present the application. One week before the Public Hearing is scheduled, a legal notice announcing the meeting will be published in the Daily Hampshire Gazette (copy enclosed). If you have any questions, please contact the Office of Planning and Development, City Hall, Telephone 587 -1262. Sincerely, Laura Krutzler Board Secretary cc: Russell J. Myette, 86 Riverbank Road, Northampton, MA 01060. ORIGINAL PRINTED ON RECYCLED PAPER 310 CMR: DEPAR %MENT OF ENVIRONMENTAL PROTECTION 19 9— Forms Fonn 1 Commonwealth of Massachusetts DEP File No. 246- (To be provided by DEP) City/Town - Northampto Applicant /- ee AS G vi c- /Is5ociofTAow SvsR,✓ CARRB��/� �R�tr4t.vT Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1. I, the undersigned, hereby request that the North mn on Con Com 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. (Include maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address A 5 Northan Assessor's: Lot Number: Man # ' 115 Parcel # 13 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) - 1 6k&l i re- TA-6(e--T a t 6 Ai L- X <2 ) '� l a t/ !� ��7 N� ON A 64-h tti' e. 3 x [t �!W x lo tv ( t'ff A R 8OU e- T 6T,+ r0 0 )q Co n/C ReI F-o oTiA)4 3 ' L X �a It Al 1C Y e" e A `�' i s -:5 — 7,9 Al e us c/ 8 c°_ S t Tu t$ ( e 4/l/94 310 CMR - 399 Nftmwl -"we, -1z© 7 - r �c a jti � o w 4vv- Try_ 41� 310 CMR: DEPA�,, 4ENT OF ENVIRONMENTAL PROS- eCTION 10.99: continued 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 name(s) and address(es) of the owner(s): /Z v s s e f/ - :3 - , dV YZT 8 6 A- e-2 g hwK /4 Ate RT f 4 Al 0, — o /0 11 114 A 5. I have filed a complete copy of this request with the Western Regional office of Massachusetts Department of Environmental Protection (date) at. DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MAO 1103 6. I 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 regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. , � Yes No 7. In filing this application, I and the owner (if not the applicant) grant permission for the Conservation Commission to inspect my property prior to the Public Meeting. Applicant: C x l� Signat ure c�� � t ' Name S u S 4 d C - Ae- -& IA ) Owner: Address /? 8e 4, S7 49 @A5 Tel.# 1� 5 S 4/1/94 310 CMR - 400 400 Address ( 'ki ite_A Tel.# N o JZThl-oft4i P - 0 /J Massachusetts�,w6partment of Environmental Pr ot% , tIon City/Town WPA Form 1- Request for Bureau of Resource Protection - Wet of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40 A. General Information important: 1. Applicant: When filling out forms on the Northampton Office of Plannin and Develo ment E_Mail Address computer, use Name only the tab key 210 Main Street, Ci Hall to move y our Mailing Address MA 01060 cursor - do not Northamp State Zip Code use the return key. City/Town 413)587-1263 Fax Number (if applicable) Phone Number 2. Representative (if any): Firm E -Mail Address Contact Name Mailing Address State Zip Code City/Town Fax Number (if applicable) Phone Number B. Determinations Check any that apply: 1. I request the Northampton make the following determination (s)- Conservation Commission ❑ ) and /or map(s) referenced below is an area subject to a. whether the area depicted on plan jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plans) and /or map(s) referenced below are accurately delineated. ® c. whether the work 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 any municipal wetlands ordinance or bylaw of: Northam ton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Page 1 of 4 wpaform1.doc • rev. 02100. Massachusetts'*�partment of Environmental Proto--tion Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Main Street Leeds Street Address City/Town 10B 112 Assessors Map /Plat Number Parcel /Lot Number b. Area Description (use additional paper, if necessary): The topography of the site is essentially flat adjacent to Main Street with the rear portion of the site sloping steeply toward the Mill River. Vegetation on site is dense and shrubby, consisting of primarily maple saplings and small trees. The area in front of the existing monument is open, with sparse weeds and grasses growing on compacted soil. The soil in this area had been previously disturbed for the placement of the monument. c. Plan and /or Map Reference(s): Leeds Civic Association, October 2001 revised 5/03 Title Date Title Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): The Leeds Civic Association proposes the construction of a small paved area, approximately 340 square feet, with 2 benches, in front of the existing monument. The proposed paving will be 25' from the Mill River at its closest point, directly in front of the monument. The work will require the top 12 inches of soil to be removed in order to prepare a subbase of gravel and sand for the pavers. It is also proposed that a few small trees and some brush to the right of the monument be removed to facilitate construction (see photo #1). As the representative of this project, the Office of Planning and Development would like to see as little alteration of vegetation within the riverfront area as possible. The top photo shows three trees "X "ed in the middle of the photo, one to the left of center, and two to the right. Only the three center trees should be removed for the construction of the paved area, and only if, when the project is laid out, it is absolutely necessary to remove them (see photo #2). A siltation barrier will be used (see plan for location). wpaform1.doc • rev. 02/00. Page 2 of 4 Massachusetts'sw4partment of Environmental Proton Bureau of Resource Protection - Wetlands Cityrrown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) 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). The work proposed will have no significant adverse impact on the riverfront area and protects the interest of the act by maintaining the existing corridor of natural vegetation on site. The proposed alteration of the site will be significantly less than the 5,000 sq ft or 10% of the riverfront area on the lot that is the threshold for denial of work within the riverfront. (see 10.58(4)(d) No Significant Adverse Impact) _ 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 8/7/96 ❑ 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 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 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.) wpaform1.doc • rev. 02 /00. Page 3 of 4 Massachusetts`vtpartment of Environmental Profirction Bureau of Resource Protection - Wetlands CitylTown L I i WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. 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 DEP 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. Name and address of the property owner: Northampton Conservation Commission Name 210 Main Street, City Hall Mailing Address Northampton Cityrrown MA 01060 State Signatures: Zip Code 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. of Applicant Signature of Representative (if any) Date wpaform1.doc • rev. 02 /00. Page 4 of 4 NLI MassachusettsI,.-spartment of Environmental Proton Bureau of Resource Protection - Wetlands ( WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out forms on the Northampton computer, use Conservation Commission only the tab Property Owner (if different from applicant): key to move To: Applicant your cursor - do not use the Office of Planning & Development Northampton Conservation Commission return key. Name 210 Main Street, City Hall Name 210 Main Street, City Hall ICI Mailing Address Mailing Address MA 010 Northampton MA 01060 City/Town State Zip Code Northampton City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Leeds Civic Association, October 2001 revised 5/03 Date Title Date Title Title Date 2. Date Request Filed: June 3. 2003 B. Determination 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): For the construction of a small paved area, approximately 340 sq. ft., w ith 2 benches, in fr ont of the existing monument. Project Location: Main Street Leeds Street Address City/Town 1nR 112 Assessors Map /Plat Number wpaformMoc - rev. 6/19/03 Parcel /Lot Number Page 1 of 5 1 -PJ — 112..E ILI MassachusettsL..epartment of Environmental Prot*. - ion 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. 6/19/03 Page 2 of 5 ILI Massachusett*..epartment of Environmental Prot Aion 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 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. 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, subject to the following conditions: 1. The location of the erosion control shall be according to the plans submitted. 2. The applicant shall save as many trees as possible. 3. The applicant shall remove any invasives species that are present. ❑ 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, subject to the following conditions (if any). ❑ 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. wpaform2.doc • rev. 6119/03 Page 3 of 5 ILI Massachusett4 , .,epartment of Environmental Pro"ion 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 Ordinance or Bylaw citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on X❑ by certified mail, return receipt requested on Date June 19, 2003 Date Date sent to DEP: June 19, 2003 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 DEP Regional Office (see Appendix A) and the property owner (if different from the app June 19, 2003 Date wpaform2.doc • rev. 6/12/03 Page 4 of 5