13-062 310 CMR 10.99
Form 2 ` I
DEP Fr.No. 1246-
(To be orov'd.d by DEP)
- —_: Commonwealth c;h,rnwn Northampton
of Massachusetts . AOOhcant B & M Corporation
4/26/93
-• .. Oats Roust Red
•
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission 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:
:J by hand deiivery to person making request on (date)
/
t' by certified mail,return receipt requested on S7� 7 r 4-'-3 (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 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. /7)
This Determination is ositive•
1. p The area aescnoeabelow,wnich includes all/part of the area described in your request, is an .
Area Subjec:to Protection Under the Act.Therefore, any removing,filling, dredging or
altering of that area requires the filing of a Notice of Intent.
' J
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.
Effective 11/10/89
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3. The work described below, which includes all;part of the work descnbed_in your request, is within
the Buffer Zone as defined in the regulations. and will alter an Area Suo)ect to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. 7 The area described in your request is not an Area Subject to Protection Under the Act.
2. 7 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. .J 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
Mind of a Notice of Intent.
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 )
This Determination must be signed by a majority of the Conservation Commission.
On this _ day of May 1913 ,before me
personally appeared_B & M Corporation .-_, to me known to be the
person described in. and who executed, the foregoing instrument.and stay AI iVo t he!shb executed
the same as his/her free act and deed. NOTARY PUBLIC
MY COMMISSION EXPIRES JAN. 16. 1906
Notary Public - • My commission expires
This Determination coes not relieve the applicant from complying with all other applicable feceral.state Cr local statutes.ordinances.
by-taws 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
K to be cone,or any ten resioents of the city or town in which such land is located,are heresy notified of their right to request the Department
of Environmental Protection to issue a Superseding Determination of Applicability,providing the reduest is mace by certdiec maii or hand
delrve.ry to me Department.with the allprcpnate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7)within ten Days from
111e date of issuance of this Determination.A copy of the request snail at me same time be sent by certif led mail or nano delivery to the
Conservation Commission and the abolicant.
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