05-033 THE COIMJ: ONti'VI ALTTI OF MASSACH.USE TTS
DETERMINATION OF APPLICABILITY OF THE ViETLAND ACT
CHAPTER 131, SECTION 40
JOSEPH DICKINSON
TO: Audubon Road DATE: Sept. 8, 1876
I.4-eds, Mass.
Pursuant to the authority of G.L. c. 131 s . 40, the 11ORTHA1VIPTON CONSERVATION
COTMMITSSION has considered your request for a
determination of applicability together with the plans submitted with
it and has made the following determination:
1. / / The area shown on the plans is not subject to the Act.
2. /X/ The entire area shown is subject to the Act
and shall require a filing of the Notice of Intent.
3. / / Only the area described below is subject to the Act and
shall require a filing of the Notice of Intent:
The two lots located on Kennedy Road owned by Joseph Dickinson are subject
to the Wetlands Protection Act and shall require filing of a Notice of
Intent.
4. The determination that the work is not subject to the Act shall
expire within one (1 ) year from the date herein.
5. This determination does not relieve the person requesting the
determination from complying with all other applicable federal,
state or local statutes, ordinances, by-laws, and/or regulations.
6': Failure to comply with this determination and with all related
statutes and other regulatory measures shall be deemed caused to
revoke or modify the said determination.
7. No work may be com,-nenced under this determination until all appeal
periods have elapsed.
ISSUED BY: NORTnA�Ti TON CONISERVATION CO1.2MISSION
Where the Department of Natural Resources issues a superseding determin-
ation, you are hereby notified of your right to a formal hearing provided
it is made within ten (10) days from the date of the superseding
`determination of the Department of Natura Resources.
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If you require further clarification of the la-r, or assistance with the
applicaton process, please contact me at 5841 --0344.
Uial
David lark
Natural Resources Tanner
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cc: Dennis Skrocki
Bcraw;ski Real Estate Co. f
Division of Wetlands
Division of tdate2ngays
Building Inspector
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/David Clark
Northampton Planning Dept.
City Hall, Room 11.
Northampton, Mass.
Joseph Dickinson
Audubon Road September 8, 1976
T�.eds, Mass.
Dear Mr. Dickinson
IL . Dennis Skrocki a potential customer to purchase two single family
budding lots you have for sale on Kennedy Road has requested the Northampton
Conservation Co-mmission to make an official determination as to wather these
lots are subject to the Wetlands Protection Act, Mass. G. L. Chapter 131,
Section 40.
On September 7, 1976 the members of the Commission viewed the property
in question, and determined that both lots are subject to the Wetlands Act.
This decision is based upon the follo i-ng: (1) Intermittent streams are
located along the perimeter of both lots, and (2) The existance of ;vegetation
tapes knoirn to inhabit wetland areas, and described as wetlands "indicators"
in the tent of the Wetlands Protection Act.
The Wetlands Protection Act and its amplifying regulations do not
prohibit all activities within areas regulate by its provisions.�lhey
do provide for a mandatory regulatory process whereby conditions r,ay be
innosed on specified activities for the protection of public or private
water supply, ground water supply, flood control, storm damage prevention,
prevention of pollution, protection of land containing shellfish, or the
protection of fishe,-ies.
The law requires the owner or applicant to file a Notice of Intent with
the Conservaton Com=ssion. The filing ;rust include:
A co Dleted Notice of Intent, including plans.
A completed Environmental Data Form.
A $25.00 filing fee.
Within 21 days of your completed filing, the Conservat Aon Commission
must hold a public hearing on the ratter. Within 21 days of the hea 'ing,
the Co_amission must issue an Order of Conditions governing the work, to be
filed by the applicant at the Registry of Deeds. After a 10 day appeal
period, work may then begin in accordance with the Order of Conditions.
Within the appeal period you may apy----al the Commission's order to the State
Der,artment of Natural Resources.