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32C-283 (2)-ter — N r ---- — 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 3. ❑ 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: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. ❑ 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. ❑ 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 filing of a Notice of Intent. 4. ❑ 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 Northampton Conservation Commission Signature(s) ap /V/�11P;-,, This Determination must be signed by a majority of the Conservation Commission. 9th November 98 On this day of 19 ,before me personally Mason Maronn appeared to me known to be the person described in,and who executed, the foregoing instrument,and acknowledged that he/she executed the same as his/her free act and deed. l -7 z9 Notary Pub *c My tommission Expires This Dete n 'on does not relieve the applicant from complying with all other applicable federal,state or local institutes,ordinances,by-laws or regulations. This Dete ' ation shall be valid for three years from the date of issuance. The applicant,the owner,any person aggrieved by this Detemtination,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 Department of Environmental Protection 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(7)within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 4/1/94 310 CMR- 402 402 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 1 _ - DEP File No. 246 - (To be provided by DEP) Form 2 { i z ►see City/Town: -Northamp-ton n , Applicant -AtluoioRD -4 e kc,z-t Commonwealth of Massachusetts Date Request Filed- 10/13/98 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 Commission Issuing Authority Andrew Kawczak Richard Aquadro TO: Almer Huntley, Jr. & Associates (Name of person making request) (Name of property owner) Address 30 Industrial Drive East, Northamptodrt ess Texas Road, Northampton, MA 01060 This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) November 12, 1998 by certified mail,return receipt requested on (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 determinatimi(sheslr whichever is applicable): North side of Montview Avenue Location: Street Address Lot/Map and Parcel Id Number: Map 32C, Parcel 283 This Determination is positive. 1. 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. The Commission confirmed the wetland delineation as shown on plan entitled, "Wetland Resource Protection Plan, Northampton, MA, Prepared for Aquadro & 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. Therefore, said work requires the filing of a Notice of Intent. Cerruti, Inc." dated November 6, 1998 and revised November 10, 1998. (prepared by Almer Huntley 4/1/94 Jr. & Associates, Inc.) 310 CMR- 401 401