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04-010 (3) Massachusetts Department of Environmental Protection LBureau of Resource Protection - Wetlands I WPA Form 2 — Determination of Applicability. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, 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 appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business 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 to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.12/15100 Page 5 of 5 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, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. 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: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on '1,x®3 Date 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. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appr, DEP Regional Office(see Appendix A) and the property owner(if different from the ap licant). Signa s: c w ;xr`ITqEt = a October 23, 2003 Date wpaform2.doc•rev.12/15/00 Page 4 of 5 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, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding 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-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the 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 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, subject to the following conditions(if any). N/A ❑ 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. wpaform2.doc•rev.12/15/00 Page 3 of 5 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, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) 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. ❑ 4. The work described on referenced plan(s) and document(s) 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. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.12115/00 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands j WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Northampton ,~, computer, use Conservation Commission only the tab y_--- key to move To: Applicant Property 6wner(if different from applicant): your cursor- do not use the Daniel and Alison Gleason return key. Name Name 49 Platinum Circle VQ Mailing Address Mailing Address IL Northampton MA 01060 City/Town State Zip Code City/Town State Zip Code return 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: "Site Plan of Land in Northampton MA Surveyed for Daniel and Alison Gleason" 9/24/2003 Title Date Title Date Title Date 2. Date Request Filed: 10/2/2003 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Widening an existing gravel driveway. Project Location: p40 Kennedy Road Northampton Shtet Address City/Town p/t�1 t+ tuber arcef/LotNumber Page 1 of 5 wpaform2.doc•rev.12/15/00 1 Planning Board - Decision City of Northampton Hearing No.: PLN-2004-0030 Date: November 5, 2003 1. Curb cuts onto streets have been minimized. 2. Pedestrian, bicycle and vehicular traffic separated on-site to the extent possible. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 10/2/2003 1011612003 111612003 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 10/9/2003 12/7/2003 1012312003 1012312003 1112512003 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 101912003 1 1012312003 1 1012312003 11/5/2003 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 1011612003 7:05 PM 1 31612004 31612004 MEMBERS PRESENT: VOTE: Paul Voss votes to Grant Francis Johnson votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Paul Diemand votes to Grant Kenneth Jodrie votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Francis Johnson Keith Wilson 6 .Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning&Development 1, Carolyn Misch,as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on November 5, 2003 1 certify that a copy of this decision has been mailed to the Owner and Applicant CA GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. Planning Board - Decision City of No am p ton Hearing No.: PLN-2004-0030 Date: November 5, 2003 APPLICATION TYPE: SUBMISSION DATE: PB Intermediate Site Plan 10/3/2003 Applicant's Name: Owner's Name: Surveyor's Name: NAME: NAME: COMPANY NAME: Daniel&Alison Gleason AQUADRO RICHARD C&MARIE E ADDRESS: ADDRESS: ADDRESS: 49 Platinum Circle 640 KENNEDY RD TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: NORTHAMPTON MA 01060 LEEDS MA 01053 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO.: SITE ZONING: 6.EF!'KEMEDY RR TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section 5.2:Table of Use Regulations MAP: BLOCK: LOT: MAP DATE: ACTION TAKEN: r17 ' 01 Approved With Conditions Page: 186 — -- -- I,i NATURE OF PROPOSED WORK: Creation of a common driveway by widening an existing driveway to access a proposed single family dwelling. HARDSHIP: NOV " 7 KUJ CONDITION OF APPROVAL: 1) Prior to issuance of a certificate of occupancy,the applicant shall submit an as-built plan showiag- - FINDINGS: that construction is substantially in compliance with the approved plan. The Northampton Planning Board unanimously GRANTED the request of Daniel&Alison Gleason for a Site Plan under the provisions of Sections 5.2& 11 of the Northampton Zoning Ordinance for a common driveway to be constructed and located as shown on the following plans and information submitted with the application. 1."Site Plan of Land...Surveyed for Daniel&Alison Gleason", dated September 24,2003 by Heritage Surveys,Inc. In Granting the Site Plan(intermediate project), the Planning Board found: A. The requested use,for a common driveway protects adjoining premises against seriously detrimental uses because the new house will be located off an existing driveway which will minimize the curb cuts on Kennedy Road. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets,minimize traffic impacts on the streets and roads in the area. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape,existing buildings and other community assets in the area. Use of the existing driveway will allow all disturbance to be located outside the 100'wetland buffer, except for 71 square feet of area needed for gravel. D. The requested use will not overload,and will mitigate adverse impacts on, the City's resources including the effect on the City's water supply and distribution system,sanitary and storm sewage collection and treatment systems, fire protection,streets and schools. The project will direct runoff on-site and not onto City streets. E. The requested use meets any special regulations set forth in Sections 5.2,including requirements for driveway width, turnouts and number of lots to access the driveway. F. The requested use bears a positive relationship to the public convenience or welfare because the proposed driveway will reduce the number of curb cuts onto Kennedy Road. The use will not unduly impair the integrity or character of the district or adjoining zones,nor be detrimental to the health,morals,or general welfare. The use shall be in harmony with the general purpose and intent of the Ordinance. The Planning Board found that the application complied with the following technical standards: GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. 4 10. Do any signs exist on the property? YES NO X IF YES, describe size, type and location: Are there any proposed changes to or additions of signs intended for the property? YES NO _ IF YES, describe size, type and location: 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION This column reserved for use by the Building Department EXISTING PROPOSED REQUIRED BY ZONING Lot Size Frontage ! Setbacks Front yU qG Side L: e)O R: d-C� L R: al) L: R: Rear �v Building Height , 361 L f_% 3�l Building Square Footage % Open Space: 'tot area C minus building ti paved parking �� jJf j1 # of Parking Spaces # of Loading Docks Fill: (volume Et location) 12. Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge. i Date: '®3Applicant's Signature NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Historic and Architectural Boards,Department of Public Works and other applicable permit granting authorities. OOO.pdf x File No. /#PD'1—37 s PERMIT"PLICATION (§10.2) ease type or pr , t �111 information and return this form to the Building I i�6tofLs. gf�iM'rit ` e $15.filing fee (check or money order)payable to the City of Northampton 1. Nan# F BU'l�Q'NG INNSSPEC IONS, ON niel nd Alison Gleason Address: 49 Platinum Circle, Northampton, MA Telephone: 584-4895 2. Owner of Property: Richard C. and Marie E. Aquadro Address: 640 Kennedy Road, Northampton, MA Telephone: 584-0495 3. Status of Applicant: Owner Contract Purchaser X Lessee Other (explain) 4. Job Location: 640 Kennedy Road, Northampton, MA 4/Parcel Id: Zoning Map# Parcel# Z© District(s); In Elm Street District In Central Business District (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property: Single Family House 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): Proposed single family house on Parcel 2, with a common driveway to service existing and proposed houses as shown on enclosed Site Plan. 7. Attached Plans: Sketch Plan Site Plan X Engineered/Surveyed Plans X 8. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO_� DON'T KNOW YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or Document# 9. Does the site contain a brook, body of water or wetlands? NO DON'T KNOW YES k IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained X Obtained , date issued: (Form Continues On Other Side) File#MP-2004-0034 APPLICANT/CONTACT PERSON GLEASON DANIEL&ALLISON ADDRESS/PHONE 49 PLATINUM CIR (413)5844895 Q PROPERTY LOCATION 640 KENNED RD TVIAP 04 PAR.0 EI,`tl THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid 70,2A Building Permit Filled out Fee Paid Typeof Construction: ZPA-PARCEL 2 W/COMMON DRIVEWAY New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Statement or License 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRES TED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER: § r 2 —/1 Intermediate Project: Site Plan AND/OR Special Permit with Site Plan Major Project: Site Plan AND/OR Special Permit with Site Plan �il°O Z',c°cT ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commi /4- 12-40 Signature of Building Official Date Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of Planning&Development for more information.