14-009 Kenedy Road Determination WETLANDSMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
A. General Information
Important:
When filling out From:
forms on the Northampton Conservation Commission
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner (if different from applicant):
your cursor -
do not use the Martha Borawski
return key. Name Name
19 Hillcrest Drive
VILA Mailing Address Mailing Address
Florence MA 01062
City/Town State Zip Code City/Town
return
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
State Zip Code
"Plan of Land in Northampton, Massachusetts, Hampshire County, Prepared for Revised
Martha Borawski & William Brandt" by Huntley Associates 4/14/2004
Title Date
Title
2. Date Request Filed:
November 21, 2003
Date
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, and the Northampton Wetlands Ordinance, the
Conservation Commission considered your Request for Determination of Applicability, with its
supporting documentation, and made the following Determination.
Project Description (if applicable):
Boundary determination;
Determination whether the construction of single family houses on lot 1 and lot 3 are subject to state
and /or local jurisdiction.
Project Location:
Kennedy Road Northampton
Street Address City /Town
10 21
Assessors Map /Plat Number Parcel /Lot Number
wpaform2.doc • rev. 12115/00 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
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.
The boundaries of the Bordering Vegetated Wetlands are confirmed as accurate.
® 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.
• The centerline flags of the intermittent stream are incomplete.
• The flags do not accurately show the body of running water flowing from WF #K1 to Clark
Brook, a designated Outstanding Resource Water.
• The stream meets the definition of "Stream" in the Massachusetts Wetlands Protection Act
Regulations (310 CMR 10.04).
• The stream is a tributary to the surface water supply of the City of Northampton.
❑ 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:
The City of Northampton
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Wetlands Protection
Name
Code of Ordinances
Chapter 24
Ordinance or Bylaw Citation
wpaform2 doc • rev 12/15/00 page 2 of 5
Massachusetts Department of Environmental Protection
L)Vi Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
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:
Isolated Wetlands WF #J1 - J8 and WF #F1 - F11
❑ 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.
❑ 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 12/15/00 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
�\ WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
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 ❑ by certified mail, return receipt requested on
Date
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 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
applicant). I 1 1 1Signatures:
Date
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