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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. - ,` „O 35 ,4 t �f I I 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 f I I f Il I cc: Dennis Skrocki Bcraw;ski Real Estate Co. f Division of Wetlands Division of tdate2ngays Building Inspector i I I I i E .,"'A� �� � _. 1� a'i • r,� @ 6`',@ „�t'9 rz,• e e} H'ort arnpt n, MA 01030 (41"31) 534 034 ` t 3 t o Conservation Commission Historical Commission :rrr� r g rd (,Zbii€rig 00a-rd of PPS � V /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.