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07-035 (6) 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION FEB 2 5 1998 10.99: continued ( DEP File No. 246 // (To be provided by DEP) Form 2 City/Town: .Nnrthampiob Applicant_Office of Planning & Development/City of Northampton Commonwealth of Massachusetts Date Request Filed L.02/06/98 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: .Norlhampton_Conservation Commission ._—Issuing Authority Wayne Feiden, Planning Director Mason Maronn, Chair TO: Office of Planning & Development Northampton Conservation Commission_ (Name of person making request) (Name of property owner) 210 Main Street, Northampton c/o Planning Department, City Nall Address_ Address —. This determination is issued and delivered as follows: (1 by hand delivery to person making request on_ February 24, 1998 _(date) ❑ by certified mail,return receipt requested on_.. (date) Pursuant to the authority of G.L. c. 131,§40,the NorthamptonThaservatienflommission.has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination tsboelcwbichever is applicable): Location: Street Address_.Fitzgerald Lake Conservation Area Lot/Map and Parcel Id Number: —....... Map 7, Parcel 35 This Determination is positive. 1. 0 The area described below,which includes all/part 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. 2. 0 The work described below,which includes awUpart 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 of a Notice of Intent. 4/1/94 310 CMR -401 401 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 3. 0 The work described below,which includes aWpart 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. 0 The area described in your request is not an Area Subject to Protection Under the Act 2. The work you described in your request is within an Area Subject to Protection Under the Act,but will not remove,fDO,dredge,or alter that area. Therefore,said work does not require the filing of a Notice of Intent. 3. The work you described in yourrequest 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 Cdnservation sion Signamre(s).�... .4011011. 1 This Determination must be signed by a majority of the Conservation Commission. On this c23 day p of FC I7ry p.i 19`') x ..... ,before me personally appeared Ta_Ch .f %Zell - , to me known to be the person described in,and who executed, theSoregoing instrument,and acknowledged that he/she executed the same as bis/her free act and deed. jet se Notary Public - — My Commission Expires This Dewrminatian does not relieve the applicant from complying with all other applicable federal,state or local institutes,ordinances,by-laws or regulations. This(kte tinarion shall he valid for three years from the date of issuance. The applicant,the owner,any person aggrieved by this Determination,any atone 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 Department ofEnvimranental Protection to issue a Superseding Determination of Applicabi lily,providing the request is made by certified mail or hand delivery to the Depamnent,with the appropriate f ling fee and Fee Transmittal 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 el the same limn be sent by certified;nail or band delivery to the Conservation Co.a,is_ion and the applicant. 4/1/94 310 CMR-402 402 • 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTIONelll If APR 2 I ;998 fti 10.44: continued I f DEP File No. 246- (To be provided by DEP) Form 2 City/Town: N-orthampton_— Applicannt _ thampton-Office of Planning & Development Commonwealth of Massachusetts Date Request Filed :04101198 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: .Northampton Congeryation_ ommission-. Issuing Authority Mason Maronn, Chair TO: -...I9ayna Fal den,-P - e ' Northampton Conservation Commission (Name of person making ret_uest18( nopey owner) Office of Planning DeVelopment City Hall, Northampton, MA Northampton, MA 01060 Address Address This determination is issued and delivered as follows: • C�1 by hand delivery to person malting request on April 17, 1998 (date) ❑ by certified mail, return receipt requested on .(date) Pursuant to the authority of G-L.a 131,§40, the i,01: ,amru., . , has considered your request for a Determination of Applicability and its supporting documentation,and has made the following detenninatietr.(shaekwhichever is applicable): Location: Street Address Fitzgerald Lake Conservation Area Lot/Map and Parcel Id Number; Map 7, Parcel 35 This Determination is positive. 1. 0 The area described below,which includes all/part 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_ 2. 0 The work described below,which includes alUpart 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 -7'l:94 3100MR -303 401 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 3. 0 The work described below,which includes al apart 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: 0 The area described in your request is not an Area Subject to Protection Under the Act. 7. Ii 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 yourrequest 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 Conservation Commission Signatures) J ?� r , • r`. This Determination must be signed by a majority of the Conservation Commission �v On this day of Aho l.._... 19 Zb" _,before me personalty appeared _ Al fl Son P' Q, _,tome known to be the person described in,and who executed, Weir(/•r. FF70E-✓ k;_ the foregoing instrument,and acknowledged that heishe executed the same as hishier free act and deed. Nkhccy thiks ,comm,Expire,Dec.27.^.. Notary"Public 'n'am.Expires Dec.2Y 1y Commission Expires -_ This Determination does not relieve the applicant from complying with all other applicable federal,stale 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 OD arty or town in which such land is located,are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Determination of.Applicability,providing the request is made by certified mail or hand delivery to the Department,.nth the appropriate filing fee and Fee Transmittal Fenn as provided in 310 CMR 1003(7)within ten days from the dale of issuance of this Determination. A copy of the request shall at the sine:rine be sent by cenified tail or hand delivcire to the<:ms<wation Commission and the applicant. 4/1/94 310 CMR -402 402