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35-027 (3) 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, X40 Appeals The applicant,owner,any person aggrieved by this Determina- issuance of this Determination.A copy of the request shall at tion,any owner of land abutting the land upon which the the same time be sent by certified mail or hand delivery to the proposed work is to be done,or any ten residents of the city or conservation commission and to the applicant if he/she is not town in which such land is located,are hereby notified of their the appellant.The request shall state clearly and concisely the right to request the appropriate Department of Environmental objections to the Determination which is being appealed.To the Protection Regional Office to issue a Superseding Determina- extent that the Determination is based on a municipal bylaw, tion of Applicability.The request must be made by certified and not on the Massachusetts Wetlands Protection Act or mail or hand delivery to the Department,with the appropriate regulations,the Department of Environmental Protection has no filing fee and Fee Transmittal Form(see Appendix E:Request appellate jurisdiction. for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of Massachusetts Oepadment of Environmenfal Protection Bureau of Resource Protection—Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Determination (coot.) Negative Determination = 5.The area described in the Request is subject to protection Note: No further action under the Wetlands Protection Act under the Act.Since the work described therein meets the is required by the applicant.However,if the Department of requirements for the following exemption,as specified in Environmental Protection is requested to issue a Supersed- the Act and regulations,no Notice of Intent is required: ing 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- &emptActi"!y marked for certified mail or hand delivered to the Depart- ment.Work may then proceed at the owner's risk only upon notice to the Department and to the conservation 6.The area and/or work described in the Request is not commission.Requirements for requests for Superseding subject to review and approval by Determinations are listed at the end of this document. 1.The area described in the Request is not an area subject &M of Municipality to protection under the Act or the Buffer Zone. pursuant to a municipal wetlands law,ordinance,or bylaw, = 2.The work described in the Request is within an area (name and citation of bylaw). 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. E- 3.The work described in the Request is within the Buffer Zone,as defined in the regulations,but will not after an Area subject to protection under the Act.Therefore,said work does not require the filing of a Notice of Intent. .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. Authorization This Determination must be signed by a majority of the conservation commission.A copy must be sent to the This Determination is issued to the applicant and delivered appropriate Department of Environmental Protection as follows: regional office(see appendix A)and the property owner(if different from the applicant). = by hand delivery on Signature Date __X by certified mail,return receipt requested on / May 2, 2000 Dale � G 7�1 �✓i'.� 7/� 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. ao intoa Date _ 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, X40 Determination (coot.) The following Determinations)is/are applicable to the = 5.The area and/or work described on plan(s)and proposed site and/or project relative to the Wetlands document(s)referenced above,which includes all or part of Protection Act and Regulations: the work described in the Request,is subject to review and approval by Positive Determination Note:No work within the jurisdiction of the Wetlands Nameo�Mun;dFa�;ry Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or pursuant to the following wetlands law,bylaw,or ordinance Abbreviated Notice of Intent)has been received from the (name and citation of law). issuing authority(i.e.,conservation commission or the Department of Environmental Protection). 1.The area described on the plan(s)referenced above, which includes all or part of the area described in the 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. - 6.The following area and/or work,if any,is subject to 2.The delineations of the boundaries of the resource municipal bylaw but M subject to the Massachusetts areas listed directly below,described on the plan(s) Wetlands Protection Act: referenced above,which includes all or part of the area described in the Request,are confirmed as accurate: 7.If a Notice of Intent is filed for the work in the Riverf ront Area described on plans and documents referenced above, Therefore,the resource area boundaries confirmed in this which includes all or part of the work described in the Determination are binding as to all decisions rendered Request,the applicant must consider the following pursuant to the Wetlands Protection Act and its regulations alternatives(Refer to the Wetlands Regulations at regarding such boundaries for as long as this Determina- 10.58(4)c.for more information about the scope of tion is valid.However,the boundaries of resource areas not alternative requirements) ,'listed directly above are not confirmed by this Determina- tion,regardless of whether such boundaries are contained located. on the plans attached to this Determination or to the Request for Determination. = Alternatives limited to the lot on which the project is 3.The work described on plan(s)and document(s) located,the subdivided lots,and any adjacent lots formerly referenced above,which includes all or part of the work or presently owned by the same owner. described in the Request,is within an area subject to protection under the Act and will remove,till,dredge,or — Alternatives limited to the original parcel on which the alter that area.Therefore,said work requires the filing of a Project is located,the subdivided parcels,any adjacent Notice of Intent. parcels,and any other land which can reasonably be obtained within the municipality. 4.The work described on plan(s)and document(s) — Alternatives extend to any sites which can reasonably referenced above,which includes all or part of the work be obtained within the described in the Request,is within the Buffer Zone and will appropriate region of the state. alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. -3 - - MassacliaseWDeP-3J'&ent of MIM744108d3l PhROC Ion Bureau of Resource Protection—Wetlands 1 WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 General Information From: 3. Title and Final Revision Date of Plans and Other Documents: City of Northampton "Plan of Proposed Sewage Disposal Conservation Commission, System, prepared for Eugene Vanasse, 1. Applicant: Eugene Vanasse to be located at 1040 Ryan Road, Name olPerson Making Repmst 1040 Ryan Road Northampton, Massachusetts" Mailing Address (Dated 3/27/00) Northampton Cily/TOwn MA 01060 Slate Zip Code 2. Property Owner: U MAY 2 2aaa Eugene Vanasse z Name o1 PropertyOwner(il dillerent dom applicant) ° 1040 Ryan Road # Wiling Address �I Northampton City/Town MA 01060 mss' State Zip Code Determination Pursuant to the authority of M.G.I.c.131,§40,the City of Northampton Conservation Commission has considered your Request for a Determination of Applicability,with its supporting documentation,and has made the following Determination regarding: 1040 Ryan Road Street Address Northampton 01060 Cr4VTown Zip Code Map 35, Block 27, Lot 1 Assessors Map/Piat! AYCel/1n1! .Kv