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06-018 (2) • 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION Acy- 1C/4' 10.99: continued 1'1;1 t' '" DEC 11956 J DEP File No. 246- (To be provided by DEP) Form 2 1 ar City/Town: Northampton_ Applicant TO mita r.. Ha«wej! Commonwealth 10/27/98 of Massachusetts Date Request Filed rnnp (t faRttL it Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: _DTs hamptou Conservation Commission Issuing Authority John J. Hanley, Trustee John J. Hanley, Trustee TO: The Beaver Brook Nominee Trust Tho- Seaver Brnnk Nowt non T r+sr (Name of person making request) (Name of property owner) 110 King Street 150 West 56th Street, Apt. 5905 Address Northampton, MA 01060 Addles New York, NY 10019 This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) November 25, 1998 by certified mail,return receipt requested on_....... ,._(date) Pursuant to the authority of G.L.c. 131,§40,the Northampton f'nn<ervation Cnmmrssinn has considered your request for a Determination of Applicability audits supporting documentation,and has made the following determinatiee{eh¢ek whichever is applicable): 80 Leonard Street Location: Street Address Lot/Map and Parcel Id Number Mip 6, Parcel 18 This Determination is positive. 1. 1: The area described below,which includes allfpart of the area described in your request,is an Area subject to Protection under the Act. Therefore,any removing,filing,dredging or altering of that area requires the filing of a Notice of Intent. The Commission confirmed the wetland delineation as shown on plan entitled, "80 Leonard Street, Northampton, MA, WETLAND RESOURCE AREAS," prepared by 2. 0 The work described below,which includes all/part 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. Therefore, said work requires the filing ofa Notice of Intent. Killam Associates New England and dated October 21, 1998 and revised November 24, 1998. 417;94 310 CMR- 401 401 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTEC"1ION 10.99: continued 3. 0 The work described below,which includes al/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. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. 0 The work you 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. 0 The work you 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. 0 The area you described in your request is subject to Protection Under the Act,but since the work you describe therein meets the requirements for the following exemption,as specified in the Act and the regulations,no Notice of Intent is required: ._ Issued by Northampton Conservatio• sion 40, Signature(s)__. r_� g !`t pati A. ,1l J i 411 /ter This Determination must be signed by a majority of the Conservation Commission. On this 23rd day of November 19 98 before me personally appeared Mason Maroon to me known to be the person described in,and who executed, the foregoing inshume it,and acknowledged that he/she executed the same as his/her free act and deed. /. -24 ZgR 1/94p,1- Notary Public P My Commission Expires This Detemination 4 not relieve the applicant from complying with all other applicable federal,state or local institutes,ordinances,by-laws or regulations. This Determination shall be valid for three years from 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 fight to request the Department of Environmental Protection to issue a Superseding Determination of Applicability,providing the request is made by tenified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmitral Form as provided in 310 CMR 10.03(7)within ten 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 the applicant. 4/1/94 310 CMR -402 402