44-100_101_102 Rocky Hill Rd Wetlands Determination 2005Important:
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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
A. General Information
From:
Northampton
Conservation Commission
To: Applicant
Tim Zielinski
Name
218 Shoemaker Land
Mailing Address
Agawam MA 01001
City/Town State Zip Code
Property Owner (if different from applicant):
Name
rviamny nuUlcaa
City/Town
JldlC LIIJ %'UUC
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Pile Locations on Bordering Vegetated Replacement Area Plan April 27, 2005
Title Date
Title
Title
2. Date Request Filed:
02/27/2007
B. Determination
Date
Date
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):
Removal of three vegetation piles within buffer zone to Bordering Vegetated Wetlands and limited
vegetation removal of shrubs less than 2" in diameter. Closest work is 30 feet from Bordering Vegetated
Wetlands and no earth work is proposed.
scc
Digitized
�e a
Project Location:
Rocky Hill Road Northampton
Street Address City/Town _
44 100, 101, 102
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev 10/6/04 Page 1 of 5
Ll'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.)
❑ 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.
❑ 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.
® 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).
Applicant must mark all vegetation to be removed and the Northampton Conservation
Commission must approve all marked areas before removal begins. Sediment controls shall be
installed to prevent sediment from entering the resource area and all disturbed areas are to be
stabilized using hydroseed.
❑ 4. The work described in the Request is not within an Area subject1to protection under the Act
(including the Buffer Zone). Therefore, said work does not require�ttjetifiling of a Notice. of Intent,
unless and until said work alters an Area subject to protection under the 4ot? _
wpaform2 doc • Determination of Applicability • rev 10/6/04 Page 3 of 5
j
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.)
❑ 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 statuatory/regulatory 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.
No r�iP� DS . ah,, C P�.� 37
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ■ by certified mail, return receipt requested on
N .200'7
Date Date
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 http://www.mass.gov/dep/about/region.findyour.htm) and the
property owner (if different from the applicant).
mart- o1b , dR7
Date
ined
Digitized
Checked
wpaform2.doc • Determination of Applicability • rev. 1016104 Page 4 of 5
City of Northampton_ Wetlands Application
This form is required for all applications filed under the Northampton Wetlands Ordinance
File with the Office of Planning and Development, 210 Main Street, Northampton, MA 01060
We recommend applicants consult with the Land Use and Conservation Planner (587-1263) before applying
1. Check what kind of permit you are requesting
9 Request for Determination of Applicability (WPA form 1)
❑ Notice of Intent (WPA form 3 or 4)
❑ Abbreviated Notice of Resource Area Delineation (WPA form 4A)
2. Property Street Address:
` L,,-ts 1 ClDI (a I 1 /0 Z
Assessors' Map and Parcel: -14 Second lot (if any) Map and Parcel(s):
Additional property description:
4. Check the items enclosed. Your application will not be accepted if any items are missing.
The appropriate completed Massachusetts DEP application www.mass.cov/dep/brp/wwiwwtc)rms.htin
Completed versions of this Wetlands Application
Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments)
All plans folded (not rolled) and collated with each application packet
❑ For Notice of Intent applications only, the following:
❑ Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal
Form PLUS $105;
❑ Separate $75.00 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee;
❑ An abutters list of all property owners within at least 100 feet of the property line of your project.
Abutters lists may be generated at wNvw.NortllamptonMA.gov,"opdd (click on Database: Abutters,
Permits and Historic). Computers are available at City Hall, Forbes and Lilly Libraries.
'Q For Request for Determination applications, a check to the "City of Northampton" for $85.00.
❑ For Notice of Resource Area Delineation applications, a check to "City of Northampton" for $85.00 plus
a separate check for $75.00 to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee.
A #10 business envelope addressed to the applicant.
5. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver
from submittal requirements, with a reason for the waiver request.
Boundary of entire lot and notation of lot area
Context of adjacent lots, if necessary to show extent of wetland/Riverfront Area
Numbered wetland flags
Existing and potential vernal pools
50' AND 100' wetland buffer
Mean Annual High Water line, for Riverfront Area permits
100' inner riparian zone AND 200' outer riparian zone, for Riverfront Area permits
Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas
Edge of vegetation accurately measured or surveyed
Significant (8"+ Diameter Breast Height) trees within the limit of work area that are also within the 200'
Riverfront Area, Bordering Vegetated Wetland, or 100' wetland buffer
2' contours
Elevations in feet (not meters), for projects within the floodplain
Zoning setbacks
1:20 scale, if possible
Scanned
Di9Jtized
Checked �_�,
6. If new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan. You may
request a waiver from submittal requirements, with a reason for the waiver request.
❑ Grading/proposed new contours
❑ Hardscape (ie: footprint of house, driveway, walkways, terraces, etc...)
❑ Any removal of vegetation and significant trees within the Riverfront Area, wetland and buffer
❑ Landscaping and plantings within the Riverfront Area, wetland and wetland buffer
❑ Location of erosion control barrier
❑ Limit of work line
❑ Utility lines
❑ Stormwater Management Form (use DEP form www.mass.uov/del)/bi-p/ww/wwforins.htm), if required
❑ Wildlife assessment if the site is in a habitat resource area based on NHESP maps, Northampton Potential
and Certified Vernal Pools Map or otherwise required by the Act or Ordinance.
❑ At the same scale as the Existing Conditions Site Plan
❑ For new homes in the Riverfront Area only, documentation of the date the lot was recorded.
7. We have provided and requested information and believe and understand that (initial each item below):
Application deadline is one calendar month prior to a public hearing. If the application is incomplete or
waivers are requested, however, the public hearing may be delayed;
We will check for the date and time of our public hearing at www.NorthamptonN1A.gov or in the Daily
Hampshire Gazette Legal Ads section. Such notice is posted seven days prior to the public hearing;
The Conservation Commission may request an alternatives analysis for work proposed within the buffer
zone of a wetland;
The Conservation Commission and their representatives have permission to enter the property;
All documents and plans submitted are in the public domain and may be copied freely in any form; and
The City will record Orders of Conditions and Order of Resource Area Delineations at the Hampshire
County Registry of Deeds.
S. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT or ABBREVIATED
NOTICE OF RESOURCE ARE DELINEATION:
We certify under the pains and penalties of perjury, that PRIOR to filing this application all abutters were
notified of this application pursuant to the requirements of M.G.L. c. 131 § 40. Notice must be made in
writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the
property line of the project location.
Applicant (print or type):] d, Applicant Signature:
Address: ,^C % )-d in:1'4 � ' Applicant Phone:'
Owner (print or type):�� Owner Signature:
Owner Phone:
The Northampton Conservation Commission generally meets on the 2nd and 4`h Thursdays of each month in earing
Room 13 located on the 2nd floor of City Hall, 210 Main Street
Page 2 of 2
Massachusetts( ,;1partment of Environmental Prot6_.ion
Bureau of Resource Protection - Wetlands Northampton
City/Town
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 &
City of Northampton Wetlands Protection Ordinance
A. General Information
Important:
When filling out 1.
Applicant:
forms on the
Lucas Development
computer, use
Name �T
only the tab key
to move your1S�
cursor - do not
Mailing Address
use the return
Agawam
key.
City/Town
Phone Number
2.
Representative (if any):
Ba state Environmental Consultants, Inc.
Firm
296 N. Main Street
Mailing Address
East Lonameadow
City/Town
413-525-3822
Phone Number
E -Mail Address
MA 0100
State Zip Code
Fax Number (if applicable)
dnitzsche alb-e-c.com
E -Mail Address
MA 01028
State Zip Code
413-525-8348
Fax Number (if applicable)
B. Determinations
1. 1 request the Northampton make the following determination(s). Check any that apply:
Conservation Commission
® a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced
below are accurately delineated.
® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act.
® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
Northampton
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaforml.doc Page 1 of 4
Massachusetts bpartment of Environmental Prot :ion
Bureau of Resource Protection - Wetlands Northampton
CitylTown
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 &
City of Northampton Wetlands Protection Ordinance
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Rocky Hill Road Northampton
Street Address city/Town
Lots 101, 102 & 103
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
The area is within the Buffer Zone to a Bordering Vegetated Wetland. The wetland is ?? feet from
work area. The site is moderately vegetated with upland tree, shrub and ground cover species.
c. Plan and/or Map Reference(s):
Bordering Vegetated Wetland April 27, 2005
Title Date
Title Date
Title Date
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
Work includes removal of three vegetation piles within a Buffer Zone to a BVW resource near the
Rocky Hill Road frontage. The Applicant will also perform limited vegetation removal of shrubs less than
2" in diameter. Closest work is 30 feet from BVW. No earth work is proposed.
wpaforml.doc Page 2 of 4
Massachusetts_ :.partment of Environmental Protc]on
Bureau of Resource Protection - Wetlands Northampton
City/Town
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 &
City of Northampton Wetlands Protection Ordinance
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office were sent a complete copy of this Request (including all appropriate documentation)
simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
Lucas Development
Name l _
Mailing Address
Agawam
CitylTown
MA 0111 G^d
State Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
Signature of Applicant
1 C�
Signature of Rep esentati (if any)
2� G�-
Date
Z G
Date
wpaforml.doc Page 4 of 4