46-72 310 CMR 10.99
Form 2
DEP Fr.No. 1246-
* (To be orovvd.o by OEP)
• _� Commonwealth C+ty,Town Northampton
of Massachusetts B & M Corporation
a a=� _r • Applicant
=� .. 4/26/93
Date R.ouest Fled
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commiesi nn Issuing Authority
To B & M Corporation same
(Name of person making request) (Name of property owner)
Iron Horse Park
Address No. Billerica. MA Address
This determination is issued and delivered as follows:
:_I by hand delivery to person making request on (date)
t-r by certified mail,return receipt requested on 5-7. "7!/6-3 (date)
Pursuant to the authority of G.L c. 131, §40, the Northampton Conservation CommtsSion _
has considered your request for a Determination of Applicability and its_supporting documentation,and has
made the following determination(check whichever is applicable):
Location: Street Address map # 53 - 46-72) (Map # 46-72) (Map #39A - 74) (Map # 32C-3 31-3 32)
(Map # 32A - 263) (Map #18A - 56) (Map #13 - 62-63)
Lot Number: (MAP ID. if)
This Determination is ositive•
1. 0 The area descnoedbelow,wnich 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.
f
2. ` The work described below,which includes alUpart 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.
Effective 11/10/89
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3. I= The work described below, which includes all;part of the work descrtbed.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. 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
filing of a Notice of Intent.
4. )"C 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
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•
Signature ) �� I
aLL • ,
./3///AJe)"1
This Determination must be signed by a majority of the Conservation Commission.
On this day of May 1923 ,before me
personally appeared_B & M Corporation -__, to me known to be the
person described in.and who executed, the foregoing instrument.and air it i4roWt he!sh2 executed
the same as his/her free act and deed. NOTARY PUBLIC
MY COMMISSION EXPIRES JAN. 16. 19 6
Notary Public - - • • My commission expires
This Determination coes not relieve the applicant from complying with all omer applicable teaeral.stale Cr local statutes.ordinances.
by-laws or regulations.This Determination snail be valid for three years form the Cate of Issuance
The applicant.the owner,any person aggrieved by this Determination,any owner of land abutting the!aria upon which the proposed work
It to be Gone,or any ten resioents of the city or town in which such land is located.are hereoy notified of tneir right to request the Department
of Environmental Protection to issue a Superseding Determination of Applicability,providing the request is mane oy certified mail or hand
Delivery to the Department.with the appropriate tiling fee and Fee Transmittal Form as provided in 310 CMF 10.03(7)within ten nays from
the date of issuance of this Determination.A copy of the recuest snail at the same time be sent by certified mail or nano Delivery to the
Conservation Commission and the applicant.
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