25C-031 (2) 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
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Massachusetts Repadtment of Env1ronment21 Protection
Bureau of Resource Protection—Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
Determination (cont.)
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- &Mor'�wly
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 NameofMunidpatty
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.
X 3.The work described in the 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 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.
LJ 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
Signatures:
Date
--X by certified mail,return receipt requested on
December 28, 1999
Date
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.
Date
ppv i ntaR
Nawachusetts Department of Environmental Protectlon
. 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 Determination(s)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/Munxipalily
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 W 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 Riverfront
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 pQI confirmed by this Determina- _ Alternatives limited to the lot on which the project is
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 _ Alternatives limited to the original parcel on which the
protection under the Act and will remove,fill,dredge,or project is located,the subdivided parcels,any adjacent
alter that area.Therefore,said work requires the filing of a parcels,and any other land which can reasonably be
Notice of Intent. 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 appropriate region of the state.
described in the Request,is within the Buffer Zone and will
alter an Area subject to protection under the Act.Therefore,
said work requires the filing of a Notice of Intent.
- -- Massactirrsetifs iDepartmeM of Egvironnientail h testion
Bureau of Resource Protection—Wetlands
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:
li
Northampton Conservation Commission "Site Plan, Parcels 30, 31, 32, Map 25C,
Conserwfion Commission
Northern Avenue, Northampton, MA. For
1. Applicant: David McCutcheon," by Charles H. Dauchy
David McCutcheon
Name of Person Making Request dated December 2, 1999.
P.O. Box 43
Mailing Address
Easthampton
City/Town
MA 01027
n
slate Zip Code
2. Property Owner:
Lisa N. McCutcheon
Name of Prop&VO*er(tldillereN t-omappllcant)
12 Turkey Hill Road {
Mailing Address -
Westhampton
C41Town
MA 01060
State Zip Code
Determination
Pursuant to the authority of M.G.L.c.131,§40,the
Northampton Conservation Commission
Goner afion Commission
has considered your Request for a Determination of
Applicability,with its supporting documentation,and has
made the following Determination regarding:
_ �tietn l�enue
Street Address
Northampton, MA
Ciry/Towo, i �r « � Zip
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AssADrs Map/Plat I ParceKof f
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