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29-057 (5) 3. 0 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. L The area described in your request is not an Area Subject to Protection Under the Act: : the cle are d p orti on of Lot 1 2. C 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. C 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 r=rthamp n Conservation Commission Signat f Au A This Det ermination must be signed by a majority of the Conservation Commission. Cn this 13 th day of January 19 88 ,before me personally appeared Ralph Emerick ,to me known to be the person described in,and who executed, the foregoing instrument,and acknowledged that he/she executed th same as his/her free act and deed. WEND`t ;%!AGGA r r['_ Notary Public My commission expires My COMMISSION EXPIRES OCTOBER 24,1991 This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes,ordinances. by-laws 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 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 duality Engineering to issue a Superseding Determination of Applicability,providing the request is made by certified mad or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of the request t shall at the same time be sent by certified mad or hand delivery to the Conservation Commission and the applicant. § 2-2A 43 Form 2 OEQE File No. "146- (To be provided by OEdEi Commonwealth cityJTown Northampton ! -; ,-a of Massachusetts Applicant Paul Walker Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Northampton Conservation Commission Issuing Authority To Paul Walker John O'Connell (Name of person making request) (Name of property owner) Address 52 Gilrain Terrace , Florence , MA Address 94 King St. , Northampton, MA 01060 0106 0 This determination is issued and delivered as follows: G by hand delivery to person making request on (date) by certified mail,return receipt requested on January 13 , 1988 (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): This Determination is positive: 1. Z3 The area described below, which includes ail/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. All of Lot 2 and that portion of Lot 1 that lies within 100 feet of the brook. These lots are located on the northerly side of the cul-de-sac at,the end of Gilrain Terrace in Florence. 2. D 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. 2-1 Effective 11/1/87