34-002 (7) Mr. George Andrikidis, P.E.
Director of Public Works, Northampton
Page 2
December 11, 2002
than my client, I would like to know why my client is being held responsible to rectify this
longstanding situation. Valley Aggregates has made its intention to resume its activity on its
property on Turkey Hill Road as allowed by a recent judicial decision and in accordance with
other applicable ordinances and state regulations. It appears that your letter is just another
item in the long list of administrative harassment tactics being carried in a discriminatory and
systematic manner by the City administration.
Nonetheless, Mr. Dahle would be willing to discuss this issue with you and I would suggest
that you contact my office to schedule a mutually convenient time for a meeting. At that
meeting, I expect to receive specific information regarding the basis of your allegations that my
client has "altered a section of Turkey Hill Road". Specifically, as noted above, I would like to
know the specific actions that have allegedly been taken by Valley Aggregates that altered a
section of Turkey Hill Road. Additionally, I would like to know the dates of these actions and
receive some sort of proof that it was Valley Aggregates Corp.that caused this "alteration". I
would also appreciate receiving in writing those steps that you expect Valley Aggregates Corp.
to take to rectify this situation. I request that all of this information be provided to me in writing.
With this information, my client will be in a better position to address your allegations and/or
rectify the situation.
I look forward to hearing from you.
Sincerely,
Frank E. Antonucci
FEA/sms
Via Cert. Mail, R.R.R.
#7001 0360 0001 4313 7998
ANTONUCCI & ASSOCIATES
COUNSELORS AT LAW
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SPRINGFIELD,MA 01103-2009 LENOX,MA 01240
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OTHER OFFICES IN: ADDRESS REPLY TO: SPRINGFIELD
WESTFIELD,MA 11
GREAT BARRINGTON,MA [ ]LENOX
FRANK E.ANTONUCCI
MICHAEL E.KOKONOWSKI
THOMAS A.KOKONOWSKI
December 11, 2002
Mr. George Andrikidis, P.E.
Director of Public Works
City of Northampton
125 Locust Street
Northampton, MA 01060
RE: Valley Aggregates Corp./Turkey Hill Road
Dear Mr. Andrikidis:
On behalf of my client, Mr. Ron Dahle of Valley Aggregates Corporation, I am
responding to your letter to him dated November 12, 2002. 1 note in your opening sentence
you indicate that, "The Northampton DPW has become aware that Valley Aggregates has
altered a section of Turkey Hill Road. . .".
I would like to state on behalf of Valley Aggregates that they have not altered a section
of Turkey Hill Road as you suggest. As you well know, Valley Aggregates has been unable to
conduct its normal business activities at its legal place of business on Turkey Hill Road because
of ongoing litigation involving the neighbors as well as the City administration for the past two
years. Prior to that time, Mr. Dahle advises me that, to the best of his knowledge, neither he nor
any of his employees altered a section of Turkey Hill Road as stated in your letter. As you
indicated that you have become "aware" of this, I would appreciate it if you would provide
me with the basis for that statement. Please specify the activities that you allege that Valley
Aggregates, its agents, servants or employees has engaged in as well as the date of those
activities that led to the ". .alteration of a section of Turkey Hill Road. . .".
As Valley Aggregates has not performed any alterations of Turkey Hill Road during the
period of time that they have owned the property in question, I am not aware of any basis
whereby they should obtain permits as you suggest in your letter. Further, Valley Aggregates
Corp. has no intention to alter Turkey Hill Road. It is my client's belief that the situation you refer
to in your letter has actually existed for a number of years and was a condition created by
individuals or entities other than Valley Aggregates prior to their ownership and control of the
property in question. This condition which you refer to as an "alteration" has existed for a
number of years without objection by the City or any of the neighboring property owners.
For these reasons, I must receive clarification from you as to why it is that Valley
Aggregates is being held responsible as well as what it is that they are allegedly responsible for.
If Turkey Hill Road is a public way and an "alteration" to this way was created by an entity other
I T
� 41* -�
CITY OF NORTHAMPTON, MASSACHUSETTS
�► �, DEPARTMENT OF PUBLIC WORKS
i 125 Locust Street
Northampton, MA 01060
413-587-1570
Fax 413-587-1576
George Andrikidis, P.E.
Director, City Engineer
Guilford B. Mooring, P.E. MEMO
Assistant Director of Public Works
To: Marianne LaBarge
From: George Andrikidis C r
Subject: Turkey Hill Road k
Date: December 14, 2002
Enclosed you will find a reply to our letter in regard to Turkey Hill Road and Valley
Aggregates. Since the latter's lawyer claims that the company is not responsible for the
alterations to the roadway, the City must prove that indeed Valley Aggregate caused the
problem. Please consult Janet Sheppard as to how this can be accomplished. I would
imagine that the residents who claim that Valley Aggregates is responsible, must submit
evidence to Janet attesting to the fact.
Enclosures: As stated
cc: Clare Higgins, w/1
Tony Patillo,w/1
Janet Sheppard, w/1
Ned Huntley,w/1
C:\Pers\ML121402