06-028 Massachusetts Department of Environmental Protection j
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Ac}--KeCA3'1, §40
A. General Information 2CG5
Ju
Important:
When filling out From:
forms on the Northam•ton
computer, use
only the tab Conservation Commission "-
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the John Hanley, Trustee of Beaver Brook Nominee Daniel Keith
return key. Trust and Patrick Melnik Name
0
110 King Street 68 Leonard Street
VIf Mailing Address Mailing Address
Northampton MA 01060 Northampton MA 01060
City/Town State Zip Code City/Town State Zip Code
Xl
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Leonard-1 Vernal Pond
Title Date
Building Permit for Daniel Keith 03/01/1990
Title Date:
Build Out and Open Space Plan-Beaver Brook Estates
Title - - Date
2. Date Request Filed:
04/15/2005 J '� _J
-
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):
Construction of an addition to the Keith home in the 100 foot buffer of a Bordering Vegetated Wetland
between 1990 and 1993. Maintaining a composting pit and pruning vegetation adjacent to a vernal
pool and within the 100 foot buffer of a Bordering Vegetated Wetland.
Project Location:
68 Leonard Street Northampton
Street Address City/Town
6 27 and 28 _
Assessors Map/Plat Number Parcel/Lot-Number
wpatorm2dot.rev.3/1105 Page 1 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.GI, c. 131, §40
B. Determination (cont.)
The following Determinations)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)or Order of
Resource Area Delineation(issued following submittal of Simplified Review ANRAD)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.
❑ a 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
after an Area subject to protection under the Act. Therefore,said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 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
apalmm'_.dac-eev.3l!A5 Page2d5
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.)
O 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.
r 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.
O 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).
Unless the proper permits are filed with the Northampton Conservation Commission, removal of
vegetation or pruning of vegetation shall not be conducted beyond the existing lawn area. The
composting area shall remain but cannot be expanded toward the vernal pool.
O 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.
w{Ww ariuu•rev.oma Page3 of
1 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.)
9 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 statuatoryfregulatory 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:
9 by hand delivery on ® by certified mail, return receipt requested on
0 o(i) doo5
Date Dat
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 appropriate DEP Regional Office(see Attachment)and the property owner(if different from the
applicant).
Signa ur-s: [r'
t \R1t. •
6la3/ `
Date
wynrwaa day.revaims azgea of 5
•
1 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
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 Attachment)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 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 Actor regulations, the
Department of Environmental Protection has no appellate jurisdiction.
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