32A-263 (3) 310 CMR 10.99
Form 2 !!
OEP Fde tro. 1246-
* —�-- (To oe or vwed oy OEP)
—_T- Commonwealth City,Town Northampton
of Massachusetts
• AoPhcant B & M Corporation
1 s_�
4/26/93
Oats Reausst Fled
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation CQffini Ssi nn Issuing Authority
To B & M Corporation same
(Name of person making request) (Name of property owner)
Iron Horse Park
Address No, Billerica, MA Address
This determination is issued and delivered as follows:
by hand delivery to person making request on (date)
by certified mail,return receipt requested on S7 2 i/6-3 (date)
Pursuant to the authority of G.L c. 131, §40, the Northampton Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
Location: Street Address (Map # 53 - r 46-72) , (Map # 46-72) (Map #39A - 74) (Map # 32C-3 31-3 32)
(Map # 32A - 263) (Map #18A - 56) (Map #13 - 62-63)
Lot Number. (YAP ID. //)
This Determination positive:
1. 0 The area descroect below,wnich includes all/part of the area described in your request, is an
Area Subject to Protection Under the Act.Therefore, any removing,filling, 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.There-
fore.said work requires the filing of a Notice of Intent.
Effective 11/10/89
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3. The work described below, which includes all;part of the work descnbed.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. The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove, fill. Crecge, or alter that area.Therefore, said work does not require the filing of a
Notice of Intent.
3. J The work 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. )( The area described in your request is Subject to Protection Under the Act, but since tne work
described 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
Signature )
This Determination must be sinned by a majority of the Conservation Commission.
On this y✓> day of May 1 92_3 , before me
personally appeared_B & M Corporation , to me known to be the
person described in. and who executed, the foregoing instrument,and aiv' iIi,irot helsh2 executed
the same as his/her free act and deed. NOTARY PUBLIC
� `�L MY COMMISSION EXPIRES JAN. 1e.1966
Notary Public - • My commission expires
This Determination coos not relieve the applicant from complying with all ower applicable teoeral.stare cr local statutes.ordinances.
by-laws or reputations.This Determination shall be vaftd for three years form the oate of issuance
The applicant,me owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed work
is to be cone,or any ten resioents of the city or town in which such land is located.are hereby notified at tneir ngnt to reouest ire Department
of Environmental Protection to issue a Superseding Determination of Applicability,providing tne reouest is made oy certified mail or hand
delivery to the Department,with the appropriate filing tee and Fee Transmittal Form as provided in 310 CMR 10.03(7)within ten days from
the date of asuance of this Determination.A copy of the reouest snail at the same time be sent by certifiec maii or nano Delivery to the
Conservation Commission and the abollcant.
2.2A