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16A-002 (7) • • 71.7 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECT[ ,A IR 28 • 10.99: continuedf:( -1/J ` DEP File No. 246 - (To be provided by DEP) Form 2 City/Town: Northampton A li nL S'H. Wagner/Board of Truste I Sook-Farre____. _--_ Commonwealth 04/01/98 of Massachusetts Date Request Filed 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 Commiscion Issuing Authority Look Memorial Park, Board of Trustees Board of Trustees, Look Memorial Park TO: c/o S.H. Wagner c/o Brian Elliott (Name of person malting request) (Name of property owner) Address 88 Waverly Street, Framingham, MA4ddiess 300 N. Main Street, Northampton, MA This determination is issued and delivered as follows: 0 by hand delivery to person making request on (date) by certified mail, return receipt requested on April 17, 1998 (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 determinatiee{ahoek-whichever is applicable): Location: Street Address Frank Newhall Look Memorial Park Lot/Map and Parcel Id Number: Map 16A, Parcel 2 - This Determination is positive. I. ❑ 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 al 1part 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. 4'1/94 • 310 CMR - 401 401 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 3. 0 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: t. 0 The area described in your request is not an Area Subject to Protection Under the Act. 2. 0 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. kW The work you 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 Mine of a Notice of Intent. 4. 0 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 Noiihampton Conservation Commission Signature(s)__... _ .,.—.....__ ... (3/11'Lyt/Jtha-• , �`ts 7� le I This Determination must be signed by a majority of the Conservation Commission. r` On this l 3 ._day of_... APA7' 19 in . ,before me personally Cappeared !'s j°.'c•'6' __.�"O�""f'. .. __,to me known to be the person described in,and who executed, (N"'NE r. Evac V, the foregoing instrument,and acknowledged that he/she executed the same as his/her free act and deed. o 'Y t-uClio ^nom.Erpins Dec.27 Ire n_ Notary Public My Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal,state or Inca]institutes,ordinances,by-laws or togulatiana This Determination shall be valid for three years from 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 Depart.N I of Environmental Protcciian 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!1 within ten days from the date of issuance of this Determination. A copy of the tequest shall at the same lime be sent by certified mart or hand delivery a,the Con‘ervation Commisxmon and the applicant. 411/94 310 CM R -402 402 I