13-063 310 CMR 10.99
Form 2
DEP FIN No. , 246-
�- (To a omvwsd by oar)
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••-�, Commonwealth cry town Northampton
of Massachusetts AOCIic3nt B & M Corporation
4/26/93
Oats Rawest Filed
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commissi 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:
:� by hand delivery to person making request on / (date)
by certified mail, return receipt requested on Sb i (date)
Pursuant to the authority of G.L c. 131, §40, the Northampton Conservation Commiss-f on
has considered your request for a Determination of Applicability and its_s_upporting documentation,and has
made the following determination(check whichever is applicable):
Location: Street Address (Map # 53 - 46-72) , (Map .# 46-72) (Map #39A - 7_4 1 (Map # 32C-3 31-3 32)
Nap # 32A - 263) (Map #18A - 56) (Map #13 - 62-63)
Lot Number. (MAP ID. if)
This Determination is ositive:
1. 0 The area descnoed below,wnrch 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.
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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 alUpart of the work descnbed.in your request. is within
the Buffer Zone as defined in the regulations. and will alter an Area Suolect to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
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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. 7 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. 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
/1Z7'
Signature )
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This Determination must be signed by a majority of the Conservation Commission.
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On this day of May 19,23 ,before me
personally appeared_B & M Corporation .__, to me known to be the
person described in. and who executed, the foregoing instrument.and arwiIi,Erot he!sh2 executed
the same as his/her free act and deed. NOTARY PUBLIC
e'!" �L� MY COMMISSION EXPIRES JAN. tA. 1006
Notary Public - . • My commission expires
This Determination coes not relieve the applicant from complying with all otner applicaote teoeral.state cr local statutes.ordinances.
by-laws or reguiations.This Determination shall be valid for three years form the pate of issuance
The applicant,the owner.any person aggrieved by this Determination,any owner of land abutting the lane upon which the proposed work
to be cone.or any ten resioents of the city or town in which such land is located,are hereoy notified of their right to request the Department
of Environmental Protection to issue a Superseding Determination of Applicability,providing tne request is mace py certitiec mail or hand
delivery to the Department.with the appropriate filing fee and Fee Transmrttal Form as proviced in 310 CMR 10.03(7)within ten says from
the cate of Rsuance of this Determination.A copy of the request shall at tne same time be sent by certif iec mail or nano oeiivery to the
Conservation Commission and the acplicant.
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