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E E f ! � , A �E��Idpm�rvr Town of Agawam 4o +fitij.. 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 r„ ���... FT PLANNING BOARD ` a- March 21, 2007 E.D.S. Development Corp. Meadow Street Agawam, MA 01001 Dear Mr. Suffriti: At its duly called meeting held on March 15, 2007, the Agawam Planning Board voted to approve the site plan entitled "Existing& Proposed Site Plan, Agawam, Massachusetts, for: (owner) E.D.S. Development; prepared by D.L. Bean, Inc. and dated 1-25-2007, REV: 3-12-2007 with the following conditions: -- all proposed lighting is to be fully shielded, -- a sign elevation is to be submitted to the Board for their review and approval; -- comments contained in the Engineering Department memos dated February 28, 2007 and March 1, 2007 must be addressed. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Violet Baldwin, Acting Chairman AGAWAM PLANNING BOARD VB:prk cc: D.L. Bean, Inc., Building, Engineering, Town Clerk, File 0 TOWN CIF AGAWAM Department of.Public Works 1000 Suffield Street - Agawam,MA 01001 Tel (413) 821-0600 - Fax (413) 821-0631 John P. Stone —Superintendent MEMORANDUM To: Planning Board CC: John Stone— DPW Supt.; Marc Shute— D.L. Bean; File From: Engineering Date: March 1, 2007 Subject: SP— 508 - E.D.S. Development- 305 Suffield Street T Per your request dated February 6, 2007, Engineering has reviewed the site plan entitted "Existing and Proposed Site Plan"for E.D.S. Development dated 1/2512007 revised 311107. Engineering approves the plan with the understanding Mr. Marc Shute will provide the department with description of the access and stormwater flowage easements. Please, do not hesitate to contact our division with any questions or comments. Sincerely. ichd J. ggior Michael C. Chase, E.I.T. Civil gini er I Interim Town Engineer s:Wwu5 MG DEVLOPMENT.3848UrPIELM MEM02DOC TOWN OF AGAWAM Department of Public Turks `t{ 1000 Suffield Street - Agawam, MA 01001 Tel (413) 821-06Q0 - Fax (413) 821-0631 John P. Stone,7Superintendent MEMORANDUM To. Planning Board CC: John Stone— DPW Supt.; Marc Shute— D.L. Bean; Fife From: Engineering Date: February 28, 2007 Subject: SP— 508 — E.D.S. Development— 305 Suffield Street Per your request dated February 6, 2007, Engineering has reviewed the site plan entitled "Existing and Proposed Site Plan"for E.D.S. Development dated 1/25/2D07 revised 2/28/07 s the following comments: 1.) Easements should be taken in favor of Lot 1A on Lot 1 B for access onto the site and stormwater flowage rights. 2.) A handicap ramp detail must be shown on the plan with detectable warnings. 3.) Add a note to the plan that all pavement marking are to be thermo plastic or equivalent_ 4,) Section 180-13.C.1 of town code states "The site plan shall be prepared by an engineer, architect or landscape architect unless otherwise specified by the Planning Board." Please, do not hesitate to contact our division with any questions or comments. Sincerely, Mi erineer aggi Michael C. Chase, E.I.T. Civi En I Interim Town Engineer S:ZP%5M EOS DEVLOPMEN7-Wd 3UFF1EUAMEV01.D0C y C.o a'&G C� fill eivf LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-434 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Arthur Allen, Ecotec, Inc. computer, use Name only the tab 2 Grove Street -key to move 10 -- your cursor- Mailing Address do not use the Worcester MA 01605 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Mass. Division of Capital Asset Management Name March 2, 1999 _ 87-434 Dated DEP File Number 3. The project site is located at: Main Street- Mass. Veterans Memorial Cemetery A awam . Street Address City/Town K4 111 & 112 Assessors Map/Plat Number . Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden __ 9872 146 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: a - Date � D B. Certification Check all that apply: N cn : cn ® Complete Certification: It is hereby certified that the work regulated by the above..-re%nced Order of Conditions has been satisfactorily completed. r" ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of-Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.12115/00 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cant.) ❑ Invalid Order of Conditions It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. [] Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Agawam _ - 11-8-07 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures: Steven Doug] a Ji is Henry A. K zioski Frank Meagher wpaform 8b.doc•rev.12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection � -- Bureau of Resource Protection -Wetlands DEP Fite Number: WPA Form 8B — Certificate of Compliance '87-434 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (coat.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden 8th November 2007 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared Steven Dou {as, Hen A. Kozloski, dill Messick, Frank Mea her, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were MA drivers licenses Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed {t voluntarily for its stated purpose. As member of Agawam Conservation Commission CityfTown Signature of Notary Public Pame{a R. Edmunds Printed Name.of Notary Public Place notary seal andlor any stamp above June 4, 2010 _ _ — My Commission Expires(Date) wpafarm 8b.dm fev.12 I5f00 Page 3 of 3 Massachusetts Department of Environmental Protection Lll ��_ Bureau of Resource Protection - Wetlands DBP File Number: WPA Form SB — Certificate-of Compliance 87-434 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4Q Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. ---------------------------------------------------------------------------------------------------------------------- To: Agawam _ Conservation Commission Please be advised that the Certificate of Compliance for the project at: Mass. Veterans Memorial Cemetery _ 87-434 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County - - for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.1205l04 Page 4 of 3 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 A Tel. 413-786-0400 Fax 413-786-9927 q� CD May 10, 2006 N Aziz Elias Parts Tool & Die, Inc. 344 Shoemaker Lane Agawam, MA 01001 Dear Mr. Elias: At its duly called meeting held on May 4, 2006, the Agawam Planning Board voted to approve the Site Plan entitled: "Proposed Addition Agawam, Massachusetts for: Parts Tool and Die, Inc., 344 Shoemaker Lane, Agawam, MA"prepared by D. L. Bean, Inc. and dated April 7, 2006, revised May 4, 2006 with the following comments: 1. The comments contained in the Planning Department's review dated May 4, 2006 and attached must be addressed. 2. The comments contained in the Engineering Department's review dated May 4, 2006 and attached must be addressed. Three (3) copies of the revised Site Plan must be submitted to the Planning Board for its signatures. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, ,Q Dennis B. Hopkins, Chairman Agawam Planning Board M. Clerk D. L. Bean, Inc. Engineering Building File AGAWAM OFFICE OF PLANNING & COMMUNITY DEVELOPMENT SITE PLAN REVIEW REVIEWER: Deborah Dachos DATE: May 3, 2006 DISTRIBUTION DATE: April 11, 2006 PLANNING BOARD MEETING DATE: May 4, 2006 APPLICANT INFORMATION 1. Name of Business: Parts Tool & Die, Inc. Address: 344 Shoemaker Lane, Agawam, MA 01001 2. Owner: Aziz Elias Address: 344 Shoemaker Lane, Agawam, MA 01001 Telephone: 413-821-9718 Fax: 3. Engineer: D.L. Bean, Inc. Address: 40 School Street, Westfield, MA 01085 Telephone: 413-562-7566 Fax: 413-562-2091 PLAN REVIEW Scale: 1 inch = 30 feet Date: April 7, 2006 Title Block (Street Address, Applicant's Name, Address, Scale, Name of Preparer of Plan): 344 Shoemaker Lane, Aziz Elias, 344 Shoemaker Lane, 1 inch = 30 feet, D.L. Bean, Inc. Description of Project: A 3,000 sq. ft. addition to the rear of the existing 12,000 sq. ft. industrial building. TOWN OF AGAWAM Department of Public Works 1� �µ 36 Main Street • Agawam MA 01001 Tel (413) 786-0400 • Fax (413) 786-9927 t�P John P. Stone —Superintendent MEMORANDUM To: Planning, D.L. Bean, Inc. CC: File From: Engineering Date: May 4, 2006 Subject: SP- 482: Parts Tool & Die — 344 Shoemaker Lane We have performed our review of the site plan entitled, "Parts Tool & Die, Inc. -- 344 Shoemaker Lane, Agawam, MA; Prepared by: D.L. Bean, Inc. — Surveyors and Engineers —40 School Street, Westfield, MA; Scale 1"-30'; Dated: 4/7/2006", and we have the following comments: 1. The Engineering Division has completed its review of the drainage calculations for this site and has determined that the retention pond is not necessary because the proposed increase in impervious areas have a negligible effect on the peak runoff rates when compared to the pre-construction numbers. Our calculations show that if the retention pond were to be removed, the peak runoff rate for the 100 year storm would only increase by approximately 0.09 cfs. A pond with an outlet near the 100 foot buffer would focus the peak runoff at the outlet location which could cause more harm than having a generalized sheet or shallow concentrated flow from the building area. Also, the bottom of the proposed pond would be at the same elevation as the wetlands to the west. This could result in having stagnant water in the pond for a long period of time. Therefore, it is recommended that the stormwater be directed in a gentle, constant grade with a wide path to allow sheet flow toward the wetlands to the east. 2. The new addition to the building will be where the current dumpster location is. The plan should show where the new dumpster (with 6 fence) will be. Engineering reserves the right to make additional comments as needed. If you have any questions, please do not hesitate to contact our division. Since ly, {// ( Z 67G org 'ne J. H an, E. icha 1 C. Chase, E.I.T. ownV ngineer Civil Engineer II WENGINEERSPM92 PARTS TOOL&OIEWEMOSVlt REVIEW MAY 2"HOC C(e elc Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Lill WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Mark Edward Ethier same return key. Name Name 38 Day Avenue ref Mailing Address Mailing Address Westfield MA 01085 City/Town state Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents. Tide Date Title Date Tide Date Ca -- 2. Date Request Filed: C* n`� = c.' October 31, 2006 _ _ n .� r-- B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission consided your'- Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description(if applicable): addition of full second story to existing single family house Project Location: 55 Riverview Avenue _Agawam Street Address City/Town L 1 6/3 Assessors Map/Piat Number Parcel/Lot Number wpafWm2.doc•rev.12NMO Page 1 of 5 ` Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands ti WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) islare 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)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. ❑ 3. 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 alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 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 wpaform2.doc•rev.12115100 Page 2 of 5 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). ❑ 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. wpaform2.doc•rev.12J15100 Page 3 of 5 r 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(s)te applicable statuatorykegulatory 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: ❑ by hand delivery on U by certified mail, return receipt requested on November 13, 2006 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 Appendix A)and the property owner(if different from the applicant). ❑C-Signatures: November 9 , 2006 Date wpaform2.doc•rev.12115100 Page 4 of 5 r r2 a J� lyJ E/r1 TA Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands e� 7-el WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer,use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Environmental Compliance Services John Golemo&Vincent Zucco return key. Name Name 588 Silver Street 168 Elm Street VQ Mailing Address Mailing Address Agawam, _ MA 01001 Agawam, MA _ 01001 Cityrrown State Zip Code City/Towrl State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: 168 Elm Street, Agawam, Massachusetts, Site Plan Feb, 2005 Title Date c Title Date f Title Date 2. Date Request Filed: February 15, 2005 - cr1 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): soil borin sand monitoring wells installation for subsurface assessment Project Location: 168 Elm Street Agawam Street Address Cityfrown J9 _ 3-18 _ Assessors Map/Plat Number Parcel/Lot Number wpaform2ADc•rev.12115100 Pagel of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cost.) The following Determination(s) 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) 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. ❑ 3. 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 alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 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 wpafr rm2.doc•rev,12f15= Page 2 of 5 L11Massachusetts 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. **Notify Conservation Commission prior to Starting work, ❑ 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). ❑ 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. wpaform2.doc•rev.12115100 Page 3 of 5 Massachusetts Department of Environmental Protection M x Bureau of Resource Protection -Wetlands R 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. Name Ordinance or Bylaw CBation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on March 1 r 2005 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 Appendix A) and the property owner(if different from the applicant). Signatures: tl February 24 , 2005 Date WPA Forth 2 Page 4 of 5 Rom,mrnn ` 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 Appendix A)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 Appendix E: 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 Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. WP,4 Form 2 Pege3 of 5 Refv❑ AW