34-002 (14) Janet M. Sheppard, Esq.
City Solicitor, City of Northampton
Page 2
December 12, 2000
Blasting, which 1 understand is regulated by the State and opposed to the municipality,
would be voluntarily limited to no more than ten (10) blasts in the work season of approximately
March through December. Prior to blasts occurring, notification via a contact person in City Hall
or the neighborhood or a phone tree would be provided. Blasts would take place during mid-
week, mid-day on the assumption that-the fewest number of people would be within their homes
during that time period. My client would, at his own cost, employ an independent agency to
monitor the size of the blasts to assure all parties of the fact that blast levels would stay well
below limits set by the State. That information would be available for review.
As indicated, my client would also be willing to discuss the possibility of participation in
implementing road improvements, both to the road surface and/or sidewalk areas should the
City be interested in pursuing that option.
I wish to reiterate that my client is not adverse to reasonable restrictions and is, at this
point, open to discuss the mechanism and process of enforcement of any final agreements
reached by the parties.
With respect to legal actions, my client is not requiring the dismissal of the pending
actions. At this time, my client is only asking for the opportunity to pursue a use plan that would
provide all concerned parties the opportunity to have the basis for attempting a final solution to
the parties' mutual concern, without forestalling or eliminating other avenues, be it through the
Court or otherwise, should a solution not be reached. The legal action is pending and a trial
date is set. As of this date, obviously no agreements have been reached with respect to this
matter, nor has there been any positive response with respect to the above-stated proposal and
there has been a negative response to the Motions proposed to be filed in Court. I cannot
guarantee that this proposal will remain an option indefinitely. As I do not wish there to be any
misunderstanding or misinterpretation, despite the fact that I feel that I made by client's
positions clear on December 11 th, I would invite you to provide me with any comments or
questions to this proposal that anyone may have.
incereI
r
Frank E. Antonucci
FEA/sms
cc: Ron Dahle
Edward D. Etheredge, Esq.
Mayor Mary Clare Higgins
ANTONUCCI & ASSOCIATES
COUNSELORS AT LAW
83 STATE STREET,SUITE 203 CLIFFWOOD STREET
SPRINGFIELD,MA 01103-2009 LENOX,MA 01240
(413) 7374667 (413)637-3400
(800)325-1109 FAX(413)637-0295
FAX(413) 731-0602 Email LENOX @Antonucci-Law.Com
Email Admin@Antonucci-Law.Com
OTHER OFFICES IN: ADDRESS REPLY TO: SPRINGFIELD
WESTFIELD,IM,
GREAT BARRINGTON,MA ( J LENOX
FRANK E.ANTONUCCI
MICHAEL E.KOKONOWSKI
THOMAS A.KOKONOWSKI
December 12,2000
Via Fax & 1St Class Mail
(413) 586-2937
Janet M. Sheppard, Esq.
City Solicitor, City of Northampton
76 Masonic Street
Northampton, MA 01060
RE: Valley Aggregates Corp. vs. Patillo, et al
Hampshire County Superior Court Civil Action #2000-0226 & #2000-0271
Dear Attorney Sheppard:
I a responding to the request from the City made by Mayor Higgins that I place, in
writing, the proposal and information that shared with you in our meeting on December 11th
The information and proposal are as follows:
Conditional upon the City of Northampton and all other involved parties not immediately
proceeding with respect to creation of an Ordinance with regard to the operation of quarries in
the City of Northampton, my client would propose to proceed to develop a land use plan for his
property located in Northampton that is currently being used as a quarry. This land use plan
would contain within it a time table designating a time period for the use of the property as a
quarry, identify physical portions of the site to be utilized as a quarry during the period of
operation and a reclamation plan to be implemented at the conclusion of the property's use as a
quarry.
i provided to you on December 11th an approximate time table with milestones with
respect to the process, which I estimated would leave us at some point in the Fall of 2001 with,
in all probability, a completed plan or nearly completed plan. In the short term, my client would
propose to close his operations most likely by the end of this week but, in any event, no later
than the end of the work day on Thursday, 12/21/00. He would not re-open operations prior to
3/15/01 at the earliest. Upon re-opening, my client would voluntarily limit the use of the quarry
by his company only. All other operators, truckers and individuals who have used the quarry in
the past year, would not be present in any form or capacity. The number of trucks utilizing the
facility would be reduced from the maximum of fifteen (15) trucks used this year to no more than
six (6) trucks. As I discussed, approximately 100 truck trips as a maximum were probably
taking place during the year 2000, and that figure would be reduced to a maximum amount of
36 truck trips per day. Hours of operation will be 7:00 a.m. to 5:00 p.m.,.five days per week with
no weekend work to take place. Drivers will be given instructions orally and in writing with
respect to proceeding at reduced speeds and an awareness regarding school hours and play
hours in order to attempt to lessen safety concerns.
Edward D. Etheredge, Esq.
Page 2
March 5, 2001
RE: Valley Aggregates Corp. vs. City of Northampton, et al
as you well know and as I have relayed to the Mayor and Attorney Sheppard on numerous
occasions, Mr. Labrie will no longer be involved in removing aggregate from the quarry. We
have also discussed and want to put on the record, once again as we have with the City
Planning Dept. and all other City officials, that we are willing to discuss a finite limit on any and
all activity in the Turkey Hill area on the property owned by my client. As I indicated at the City
Council meeting, we are willing to discuss an expiration date for any and all activity on Turkey
Hill Road. We have also indicated to all public officials who are willing to listen the fact that we
are willing to contribute to the cost of improvements, i.e. widening of roads and placement of
curbs and sidewalks on Turkey Hill Road. Finally, as school children's safety is also an
apparent issue, my client would discuss the possibility of creating a turn-around that apparently
is needed by the school bus contractor in order to travel up Turkey Hill Road to pick up children
for school. We believe this could be accomplished by Valley Aggregates in the form of an
easement.
The willingness to discuss these issues, agree upon the details and put such an
agreement in a binding form that would assure the City, the neighbors and, all concerned that
this matter is binding and enforceable would put an end to this matter once and for all. From
the beginning of your involvement in this case, you have been a constant professional in your
dealings with me on this matter. At the same time,-I understand the emotion involved in this
case and the reason for your ferocity in defending your clients' position, including their choice
not to meet with Mr. Boysen other than on their own terms. Nonetheless, I would ask you to
provide a copy of this correspondence to all residents of Turkey Hill Road that you represent so
that there is no mistake as to our willingness to discuss this matter. Hopefully, this would save
all parties the potential for further litigation and, potentially, a court-imposed result that is
unsatisfactory in part or in total.
Please convey directly to Mr. Boysen or to me your clients' response to this request for
a meeting to discuss the points raised in this letter. As indicated, in order to avoid conflict, I will
not attend the meeting, but Mr. Boysen has full authority to speak for my client should your
clients agree to meet.
Since rely, �
Frank E. Antonucci
FEA/sms
ANTONUCCI & ASSOCIATES
COUNSELORS AT LAW
83 STATE STREET,SUITE 203 36 CLIFFWOOD STREET
SPRINGFIELD,MA 01103-2009 LENOX,MA 01240
(413)737-4667 (413)637-3400
(800)325-1109 FAX(413)637-0295
FAX(413)731-0602 Email LENOX(a tonucci-Law.Com
Email Admin@,Antonucci-Law.Com
OTHER OFFICES IN: ADDRESS REPLY TO: SPRINGFIELD
WESTFIELD,NIA
GREAT BARRINGTON,MA [ ]LENOX
FRANK E.ANTONUCCI
NUCHAEL E.KOKONOWSKI
THOMAS A.KOKONOWSKI
March 5, 2001
Via Fax (413) 585-8406a >
Edward D. Etheredge, Esq.
Etheredge & Steuer, P.C.
64 Gothic Street
Northampton, MA 01060
RE: Valley Aggregates Corp. vs. City of Northampton, et al
Dear Attorney Etheredge:
I am following up to the brief conversation between you, Christian Boysen and me that
took place at the City Council meeting on March 1, 2001. This is also a follow-up to the phone
calls mad—e to you by Mr. Boysen. As you know, at my request Mr. Boysen has been
attempting to obtain from you a date and time to meet with your clients, the neighbors of
Turkey Hill Road. The purpose of this meeting, as you know, is to hear the neighbors' specific
complaints on a first-hand basis and to present to them proposals from us to return the
neighborhood to a status that is acceptable to all parties. As Mr. Boysen indicated at the City
Council meeting on 3/1101, the three major issues that we have identified are (1) truck traffic
and safety, (2) the frequency of blasting and (3) the recent activity level, particularly in the Fall
of 2000.
My understanding is that the neighbors have instructed you that they would be willing to
meet with,us only after we have submitted to a permit process. As Mr. Boysen indicated on
behalf of Mr. Dahle, we are not unwilling to submit to such a regulatory process. -.I have
repeated this to you and to the City Council on numerous occasions. Please relay that fact to
your clients and, hopefully, that will lead to the basis of a meeting. Simply stated, if we can
agree upon the terms. (and we are optimistic that we can do so), then we may be willing to
submit to regulatory process. I wish to make it clear on the record that my client is willing to
discuss. through Mr. Boysen, the containment of trucks and blasting. Further, he is willing to
regress to a previous lower activity level.
I also want to point out, and you know this, that we have succeeded in having Mr.
Labrie's attorney withdraw him from the legal action pending in the Superior Court. Secondly,
City Councilors
City of Northampton
Page 2
March 15,.200'1
At the recent deposition of Douglas Kohl, I indicated to Mr. Kohl and his attorney my
client's willingness to meet with Mr. Kohl personally to try to'resolve this controversy. My client
has been, and is in the process of, attempting to contact Mr. Kohl directly and, as recently as
this week, inquired of Mr. Kohl's attorney as to how to contact him.
As evidenced on March 5, 2001, 1 wrote directly to the attorney representing the
neighbors with regard to my client's interest in negotiating a resolution. To date, my letter has
not met with a positive response.
I want to state unequivocally so that the record is clear that Mr. Dahle is willing to meet
with all parties to negotiate a resolution of this matter with the understanding that less activity in
the form of truck traffic and blasting is the goal of the neighborhood and of the City. Further,
Mr. Dahle recognizes the necessity to provide all parties with a reasonable date for termination
of all activities of his business on Turkey Hill Road. He is willing to work toward that
termination date with the City Planning Department.
Finally, Mr. Dahle recognizes the desires of the City and the neighbors for regulation of
his work activities and is not unwilling to submit to reasonable regulation. Once again, I am
sending this letter in order to put in writing to all parties who are willing to listen to my client that
he can be flexible and he is willing to listen and to resolve this matter in a manner that is
satisfactory to the neighbors and to the City of Northampton. This is a neighborhood dispute
that should be settled by the neighbors quickly and inexpensively, with as little divisiveness as
possible and as soon as possible. Please disregard those statements published in the
newspaper indicating that my comments concerning my client's willingness to resolve this
matter by compromise are disingenuous, as that is simply not the truth.
Sincerely
Frank E. Antonucci
FEA/sms
Enclosures
cc: Mayor Mary Clare Higgins
S CIA.
r,
ANTONUCCI & ASSOCIATES
COUNSELORS AT LAW
83 STATE STREET,SUITE 203 36 CLIFFWOOD STREET
SPRINGFIELD,MA 01103-2009 LENOX,MA 01240
(413)737-4667 (413)637-3400
(800)325-1109 FAX(413)637-0295
FAX(413)731-0602 EmailLENOX @Antonucci-Law.Com
Email Admin@Antonucci-Law.Com
OTHER OFFICES IN: ADDRESS REPLY TO:[SPRINGFIELD
WESTFIELD,MA.
GREAT BARRINGTON,MA [ )LENOX
FRANK E.ANTONUCCI
MICHAEL E.KOKONOWSKI
THOMAS A.KOKONOWSKI
March 15, 2001
City Council Members
City of Northampton
RE: Valley Aggregates Corporation vs. City of Northampton, et al
Hampshire County Superior Court Civil Action #'s 2000-0226 & 2000-0279
Dear Councilor:
I am writing on behalf of my client, Ronald Dahle, the owner of Valley Aggregates Corp.
I am contacting you with respect to the issue of negotiations regarding a resolution of the
controversy concerning Turkey Hill Road.
It has come to my attention that some members of the Council have been informed by
various sources that my client has been unwilling to negotiate a resolution of this matter and
that he has been rigid and inflexible with respect to any proposed settlements. I have been
before the City Council on numerous occasions and have orally indicated my client's
willingness to attempt to resolve this matter through negotiations. I have met with the Mayor
and other public officials on two occasions and made a similar appeal. On December 12,
2000, 1 sent a letter to the City Solicitor and the Mayor that is an opening proposal that my
client and 1 had hoped would lead to a negotiated resolution of this controversy. No response
has been received to this date.
My client and I met with Councilor Bardsley and Attorney Sheppard with respect to the
proposed Ordinance and, at that time, we expressed our willingness to meet to discuss this
matter. My recollection is that Councilor Bardsley referred me back to the Mayor and the City
Solicitor_
Attorney Sheppard acknowledged that there had been no reply to my letter of
December 12, 2000 because the feeling is that our proposal was too high in terms of activity. I
verbally indicated our willingness to negotiate those terms. Nothing further has been heard
from Attorney Sheppard on this issue.
Page 2
June 20, 2002
This letter summarizes my client's position as I presented it in the amiable discussion
that we had in your office. As outlined in the attached letters my client was, and continues to
be, willing to attempt to resolve this matter through a negotiated agreement. At the same time,
he will move forward with further litigation if necessary to assert and establish his rights to
continue to operate his quarry and gravel pit on Turkey Hill Road on his property in the City of
Northampton.
Should you need any clarification or have any other thoughts with respect to this matter,
please feel free to contact me.
Sincerely,
Frank E. Antonucci
F EA/m m
Enclosure
cc: Anthony Patillo, Building Commissioner
ANTONUCCI & ASSOCIATES
COUNSELORS AT LAW
83 STATE STREET,SUITE 203 CLIFFWOOD STREET
SPRINGFIELD,MA 01103-2009 LENOX,MA 01240
(413)737-4667 (413)637-3400
(800)325-1109 � I FAX(413)637-0295
FAX(413)731-0602 mail LENOX @Antonucci-Law.Com
Email Admin @Antonucci-La'.Com
OTHER OFFICES IN:
JUN 2 4 2002 DRESS REPLY TO:[ ]SPRINGFIELD
WESTFIELD,MA
GREAT BARRINGTON,MA , [ ]LENOX
QEPT Of BUIIGING INSPECTIONS
FRANK E.ANTONUCCI
MICHAEL E.KOKONOWSKI
THOMAS A.KOKONOWSKI
June 20, 2002
Janet M. Sheppard, Esq.
City Solicitor, City of Northampton
76 Masonic Street
Northampton, MA 01060
RE: Valley Aggregates Corp. vs. Patillo & City of Northampton, et al
Hampshire County Superior Court Civil Action #2000-0226 ߐ-0271
Dear Attorney Sheppard:
I am following up to our meeting in your office on June 14, 2002. It goes without saying,
that any ideas or suggestions, with respect to an ultimate resolution of this case, that were put
forward by either party during the course of our meeting was conceptual in nature and not a
commitment. Once again, I would like to state that my client is willing to attempt to resolve the
controversy regarding the use of the quarry through negotiations, as opposed to further
litigation.
You have inquired as to what issues would be on the table if such negotiations were to
take place. As you will recall, there were numerous written and oral proposals put forth by or on
behalf of my client going back as far as December of 2000. Without committing my client to any
of the information or offers previously made, I have enclosed a copy of said letters dated
December 12, 2000, March 5, 2001 and March 15, 2001. These three letters directly or
indirectly allude to some of the issues that we would be willing to discuss. Once again, we are
not necessarily adhering to any positions previously expressed. As our previous positions on
offers to resolve this issue had been rejected or disregarded we will not commit ourselves to any
previous offers presented to you, however, we would be willing to discuss any issues addressed
in the letters.
It is my client's intention to move forward with permissible activities as we have had
considerable delays, attributable to the length of time that the judge took in writing his decision,
failure of the stenographer to transcribe the transcript and other delays. We will perform
activities within the scope of Judge Carhart's 1990 decision. We are mindful of earth removal
ordinances. We will file an application under that permit when it is applicable to our activities. I
wish to make it clear that if our activities are deemed to be illegal by the building inspector we
will obviously respond according to our own perception as to legality of our activities.
Doc; 992118275 OR /6298/0224 07/25/200114;21
on the plans. These shall be staked no more than 25' apart and 6' off the ground. Plastic
tags shall be bright orange or red and be labeled as "Work Limit Line". These shall be in
place prior to re-starting quarry operations.
50 Round plastic buffer flags, (as noted in Condition 49 above) must be placed 100' from the
vernal pool, including the area on top of the quarry face that is within 100' parallel to the
edge of the pool itself.
ATTESTs RWSRMV ;!N—,Aw�AALL-,&EG1ST3x
MARIANNE L. DONORU
5
Doc; 992118275 OR /6298/0223 07/25/200114:21
41. Deteriorated drain pipe shall be replaced from the channel of"second crossing", east of
the vernal pool.
42. Applicant shall stabilize and hand place stone along access road leading north from
"second crossing".
43. All garbage shall be removed from buffer and wetland resource areas including old tires
and oil drums.
44. Because of the concern that the quarry operations may effectively be blocking water
from entering the wetland resource area on site, hydrologic conditions shall be
monitored annually by an engineer. A report of changes in drainage characteristics
shall be submitted to the Commission at the end of each quarry season or by January
15 of each year at the latest. The report shall indicate any changes in flow to the
wetlands due to topographic changes and removal of rock. Three ground water
monitoring stations shall be placed along the intermittent stream through the property.
One shall be placed upgradient from the quarry operations (proximate to the top of the
watershed) as a control point and one shall be placed on each side of the "saddle"that
runs out of the quarry toward the intermittent stream. Monthly readings of water
levels shall be taken from each station and included into the annual report. A report
of monthly rainfalls should also be incorporated into this report.
VERNAL POOLS:
45. Temporary stabilization measures shall be placed and sedimentation barriers shall be
designed to provide a gradual slope or berm over which amphibians may pass.
46. Erosion control devices shall not block passage between uplands and vernal pools
between the dates of March 1 and June 1, nor between September 1 and October 15. Any
silt fencing or other devices that could block amphibian migration to or from the pools
during these periods shall be removed and all exposed soil surfaces stabilized.
47. The entire 100' buffer surrounding the vernal pool shall be restored with trees and shrubs
consisting of a mix to be approved by the Commission. Submittal of planting list shall be
no later than July 19, 2001 and shall include enough habitat protection to provide
necessary shade/protection for the vernal pool. Trees should be at least 2.5" caliper.
48. No blasting, rock removal, or other disturbance/activity shall take place (northeast of the
vernal pool) beyond the area identified as future expansion in the stormwater calculations
report.
BUFFERS
49. Permanent round plastic buffer tags must be placed at the edge of the 100' buffer shown
4
Doc; 992118275 OR /6298/0222 07/25/200114;21
VEHICLE ACCESS/STORAGE:
33. No motorized/construction equipment is to enter or cross a wetland resource area at any
time, unless the location of entry or disturbance is clearly indicated on plans and within
information contained within the Notice of Intent and approved with the issuance of this
Order of Conditions. All motor vehicles must use the existing crossing where the berms
are located.
34. All motorized/construction equipment shall be operated,parked, and maintained in such a
manner that will prevent potential alteration of the wetland/resource area and buffer zone,
except as approved within this Order of Conditions. All equipment must be operated to
prevent alteration of the resource area.
35. All equipment shall be stored outside of the 100-foot buffer zone at the close of each
work day, in an area which shall be clearly identified on the plans, and physically located
in the field through use of flagging and/or a construction barrier. All equipment must be
stored outside of the 100' buffer.
WETLAND REPLICATION AND IMPROVEMENTS:
36. A report of the success of re-vegetation activities shall be submitted to the
Conservation Commission, by a qualified wetlands scientist on the following
schedule: October 2001, and October 2002.
37. If more than 50%wetland vegetation has not been established after one growing season
(1 year), then additional plantings and/or changes to the wetland restoration plan shall be
submitted to the Conservation Commission for consideration and approval.
38. If more than 75%wetland vegetation has not been established after two growing
seasons (2 years), then additional plantings and/or changes to wetland restoration plan
shall be submitted to the Commission for consideration and approval.
39. Increase replication area around first crossing to compensate for the apparent road
crossing expansion. Total disturbed area is not precisely known, but the total crossing is
approximately 95' (linear) x2' width x2 sides of the road. This total is approximately 380
square feet. With replication being 115%by ordinance, Valley Aggregates should
expand the boundary of the wetlands by—440 square feet. The replication should be
distributed on both sides of the crossing with approximately 220 square feet of replication
on each side of the culvert. Replication should consist of the same mix indicated in the
Notice of Intent.
40. Wetland flags should be adjusted to indicate new boundary that includes the 220' (as
identified in Condition 39 above) on either side of the crossing.
3
Doc: 992118275 OR /6298/0221 07/25/200114:21
PRE-CONSTRUCTION REQUIREMENTS:
25. The applicant shall notify the Commission in writing of the name, address,business and
home telephone numbers of the project supervisor and/or contractor who shall be
responsible for ensuring compliance with the conditions in this Order(the same person
may be designated to conduct this work as well as work to report maintenance of
detention facility).
See also Conditions #28, 47, 49 & 50.
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
26. Wetlands and buffer flags shall be checked by the wetlands scientist and replaced as
necessary for the duration of the quarry operations. These flags shall be checked on a
monthly basis. A report shall be submitted at the end of the season indicating that the
wetland scientist has checked the flags during the quarry season.
EROSION CONTROL CONDITIONS:
27. Gabion berms shall be maintained free of sediments. Sand and other debris must be
removed/excavated from the wetland crossing when half of the height of the berm is
covered by sand and debris.
28. Surveyed as-builts of all permanent sedimentation basins must be submitted prior to the
beginning operations to the Office of Planning&Development. (includes basin at the
entrance of site)
29. Maintenance of stone entryway shall be in accordance with specifications within
maintenance plan page 5 (submitted February 1, 2001)
30. All maintenance and construction of mobile sedimentation basins,rock lined channels,
and check dams shall be constructed in accordance with maintenance plan submitted
February 1, 2001 by New England Environmental. All permanent basins must be cleaned
out at least once per year.
31. An engineer shall perform monthly monitoring to ensure that mobile erosion control
measures are sized and located appropriately. The name of the engineer shall be
submitted to the Commission before beginning operations. Reports shall be submitted to
the Commission at the end of every season(by January 15th at latest), with a map showing
the extent of excavation during that season as well as documentation of clearing of all
sedimentation basins located on the site.
32. All runoff must be contained on site and no unfiltered runoff shall be directed onto
Turkey Hill Road.
2
Doc; 992118275 OR /6298/0220 07/25/200114:21
"ATTACHMENT B"
18. The owner of the property described in this Order must advise any potential buyer of the
property that any construction or alteration to said property, including brush cutting or
clearance, may require approval by the Northampton Conservation Commission.
Any instrument conveying any or all of the owners' interest in said property or any portion
thereof, shall contain language similar to the following:
"This property is subject to the Northampton Wetlands Protection
Ordinance and/or Wetlands Protection Act. Any construction or
maintenance work performed on this property requires an Order of
Conditions, and/or a Determination of Applicability from the Northampton
Conservation Commission".
19. A copy of this Order and associated plans shall remain on site during all construction
and/or building activities. The project manager and all equipment operators shall be
familiar with the approved plans, and shall be informed of their location on the site.
This location shall be accessible to all contractors whenever work is occurring on
site.
20. All required permits must be obtained from the Army Corp of Engineers (Section 404,
Water Quality Certification), Planning Board, Zoning Board, Department of Public
Works, or Building Inspector prior to the start of projects involving fill within any
wetland resource area.
21. No disposal of soils or other materials shall be allowed within: a 100-year floodplain; 40
feet of the 100-year floodplain elevation; any wetland; or any area within 100-feet of a
wetland, unless such areas are specifically approved by the Commission, in accordance
with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24.
22. All revised plans,referenced within this Order of Conditions, shall be approved by the
Conservation Commission and incorporated into this Order by reference and shall be
followed during the course of construction.
23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows: This is a maintenance Order of Conditions for ongoing work.
24. Prior to the start of any site work, excavation or construction, a preconstruction
conference shall be held on the site, between the contractor conducting the work, the
site/project engineer, the applicant, and a member or agent of the Conservation
Commission, in order to ensure that the requirements of this Order are understood by all
parties. Prior to the pre-construction meeting, all erosion control devices must be
installed, also;
i
Doc; 992ll8215 OR 1629810219 071251200114:21
"ATTACHMENT A"
DOCUMENTS:
1. Notice of Intent dated December 11, 2000;
2. Additional information for Valley Aggregates, Notice of Intent dated February
1, 2001, and
3. Drainage Calculations dated April, 2001 with Appendix B (quarry expansion
stages).
PLANS:
1. "Valley Aggregates Wetland Location Plan, Turkey Hill Road,Northampton,
MA, Sheet 1 of 1, Base Plan Information prepared by Almer Huntley Jr. &
Associates, dated 1/31/01. Wetlands Delineated by New England
Environmental, Inc and revised December 4, 2000 and January 3, 2001.
2. "Wetland Restoration Plan, Valley Aggregates,Northampton, MA" Sheet No.
2 of 2,prepared by New England Environmental, Inc. dated 12/5/00.
3. "Sedimentation Basins South of Wetland, Turkey Hill Quarry,Northampton,
MA",prepared by Almer Huntley&Associates, dated June 14, 2001.
4. "Wetlands Delineated by New England Environmental, Inc., Valley
Aggregates, Turkey Hill Road, Northampton,.MA", Sheet 1 of 2, prepared by
Almer Huntley, Jr. &Associates, Inc., dated April 9, 1987 and revised by
New England Environmental, Inc. on 12/4/00.
5. "Valley Aggregate Wetland Location Plan, Turkey Hill Road, dated February
1, 2001.
Doc; 992118215 OR /6298/0218 01/25/200114;21
.;
Massachusetts Department of Environmental Protection DEP File Number:
v Bureau of Resource Protection -Wetlands 246-484
WPA Form 5 - Order of Conditions Provided by DEP
W Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
Northampton
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Turkey Hill Road 246-484
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
WPA Form 5 Page 7 of 7
Rev.02/00
Doc; 992118275 OR /6298/0211 07/25/200114;21
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 246-484
WPA Form 5 - Order of Conditions Provided by DEP
w
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, 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 DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. 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 Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Northampton
Conservation Commission
WPA Form 5 Page 6 of 7
Rev.02100
Doc 992118215 OR /6298/0216 07/251200114;21
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
246-484
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
June 21, 2001
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
Signatures::
On Twenty-first Of June, 2001
Day Month and Year
before me personally appeared
the above-named
to me known to be the person described in and who executed the foregoing instru
acknowledged that he/she executed the same as his/her free act and deed. y •sue. t�O,�j #'<^
_Cq&�Vn L
Notary Public My Commi ion ES pires v ,�!;'
This Order is issued to the applicant as follows: =,Ja" P�.�•`�
❑ by hand delivery on by certified mail, return recelot!,.F, 'fed,on
July 5, 2001
Date Date
Date sent to DEP: July 5, 2001
WPA Form 5 Page 5 of 7
Rev.02/00
Doc; 992118275 OR /6298/0215 07/25/200114;21
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 246-484
;Y
WPA Form 5 - Order of Conditions Provided by DEP
.hr
�hK Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See additional conditions"Attachment B"
Findings as to municipal bylaw or ordinance
Furthermore, the Northampton hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
"Attachment B"#39, 45-48, 50 N.H. Code of Ordinances#24:1-24: 15
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
WPA Form 5 Page 4 of 7
Rev.02/00
Doc: 992118215 OR /6298/0214 01/25/200114;21
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 246-484
WPA Form 5 - Order of Conditions Provided by DEP
r `A, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within five years (Maintenance Agreement) from
the date of this Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to five years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 246-484 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Form 5 Page 3 of 7
Rev.02100
Doc: 992118215 OR /6298/0213 07/25/200114:21
3 ,
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
. 246-484
WPA Form 5 — Order of Conditions Provided by DEP
xn Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
y'k
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights..
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws,'or regulations.
WPA Form 5 Page 2 of 7
Rev.02100
Doc., 992n8275 OR /6298/0212 07/25/200114;21
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 246-484
WPA Form 5 - Order of Conditions Provided by DEP
p' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on Northampton Conservation Commission
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor- do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To Applicant: Property Owner(if different from applicant):
Valley Aggregates Jedoron Realty, Inc.
Name Name
164 Brickyard Road 403 Papermill Road
Mailing Address Mailing Address
Farmington CT 06032 Westfield MA 01085
City/Town State City/Town State
1. Project Location:
Turkey Hill Road Northampton
Street Address City/Town
34 2 and 4
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 2875 161-167
County 11ook Page
Certificate(if registered land)
3. Dates:
December 5, 2000 June 7, 2001 June 27, 2001
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
See "Attachment A"
Title Date
5. Final Plans and Documents Signed and Stamped by:
Brian N. Connor P.E. & Mickey Marcus Environmental Scientist
Name
6. Total Fee:
$725.00
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Pagel of 7
Rev.02100
provision shall be struck from this ordinance and the remaining provisions of this
ordinance shall remain in effect.
H. Violation of the Ordinance:
1. Each and every removal of earth materials of 10 cubic yards by any person,
corporation or other entity, without a permit issued by the Earth Removal
Enforcement Officer as required under paragraph D of this ordinance shall
be a separate violation of this ordinance subject to the following fines:
- First offense $50.00
- Second offense $100.00
- Third and subsequent offenses $200.00
2. The Earth Removal Enforcement Officer, may, in his/her discretion, issue a
cease and desist order for second and subsequent violations of this
ordinance.
I. Enforcement:
The Earth Removal Enforcement Officer shall be the Building Commissioner
serving ex-officio in this capacity.
The Earth Removal Enforcement Officer shall have authority to issue tickets for
violations of this ordinance.
In City Council, April 5, 2001
Rules susp ,passed two re gs,ord 'ned and enrolled.
v o
Attest: ,City Clerk
Approved: Mary Clare Higgins ,Mayor
A true cop
Attest: City Cleric
4
D. Activities which are not exempt and which require a permit from the Earth
Removal Enforcement Officer include:
1. Any earth removal action that requires the use of heavy impacting extraction
technology or other heavy impact removal of earth materials;
2. Any earth removal action which requires the use of hydraulic drilling,
hammering or ball dropping;
E. Standards to be used in determining if a permit shall be issued.
The Earth Removal Enforcement Officer shall issue a permit if he finds that the
permittee's "earth removal actions"will not
1. Endanger the general public health, safety or convenience;
2. Constitute a nuisance;
3. Result in detriment to, or depreciation of, neighboring properties;
4. Interfere with use by owners or occupants of neighboring properties in the
normal use and enjoyment of their properties by reason of noise, dust, traffic
or drainage conditions;
5. Extend within three hundred (300) feet of a public way;
The Earth Removal Enforcement Officer may issue a permit if he/she finds:
That any one of the above conditions listed in E (1-5) exists but that such
condition can be remedied by imposition of conditions listed in Paragraph F of
this ordinance.
F. Conditions which may be imposed by the Earth Removal Enforcement Officer on
permits issued:
1. Hours of operation for earth removal actions;
2. Amount of"earth material" which can be removed in one year;
3. Production of-a site plan which shows the area from which earth materials
will be removed; including topographical plans which show how the
property will be regraded so as not to have a detrimental effect on
surrounding lots;
4. Regulation of the amount of traffic in and out of the property where earth
removal action is occurring so as not to have a detrimental effect on
surrounding parcels of land;
5. Issuance of a performance bond to guarantee compliance with any
condition imposed under the permit issued by the Earth Removal
Enforcement Officer.
G. Severability:
In the event that a court shall determine that one or more of the provisions of this
ordinance are illegal, unconstitutional or otherwise unenforceable„then that
3
r—
(1) any person, corporation or entity,who attempts to obtain a
permit under this ordinance which permit is denied by the Earth
Removal Enforcement Officer;
(2) any person, corporation or other entity that is subjected to a
fine, or cease and desist order, by the Earth Removal
Enforcement Officer;
(3) any person, corporation or entity that owns land located within
500 feet of any boundary of land where "earth removal action
requiring a permit, occurs;
(vi) "removal"— means removal from the crust of the earth;
(vii) yea('—shall mean a calendar year, beginning on January 1 stand
ending on December 31St
C. Activities which do not require a permit from the Earth Removal Enforcement
Officer:
1. Casual removal of earth materials as defined in paragraph B(i);
2. Earth removal actions (of less than 10 cubic yards of earth) in the aggregate
on one acre of land in one year;
3. Earth removal action which is in accordance with a valid special permit
issued by the Northampton Planning Board, as provided by the Northampton
Zoning Ordinances;
4. Earth removal action which is completed in accordance with a valid permit
issued by the Northampton Department of Public Works;
5. The transfer of material resulting from an allowed earth removal action from
one part of a lot to another part of the same lot;
6. The removal of material necessarily excavated in connection with lawful
construction of a building, structure, street, driveway, sidewalk, path or other
appurtenance provided the quantity of material removed does not exceed
that actually displaced by the portion of such building, structure, street,
driveway, sidewalk, path or other appurtenances below finished grade;
7. Earth removal action conducted on municipal property, or completed by
municipal employees of the City of Northampton;
8. Earth removal action under a permit issued by any agency or department of
the Commonwealth of Massachusetts or the Federal Government;
9. Earth removal action for construction in accordance with a legally issued
building permit;
10. Earth removal action which does not require the use of hydraulic hammering
or heavy impacting extraction technology;
11. Removal of glacial stone, rock, sand, topsoil and other earth materials with
backhoes and front end loaders in operations existing at the time of the
enactment of this Ordinance;
The Earth Removal Enforcement Officer may, in his/her discretion, issue a
certificate indicating that an activity in 1-11 above is exempt from the provisions
of this Ordinance.
2
D W E I
AMENDMENT-r•,
Lztt� Drlor�` I� t1� rv1Y APR 13 2001 ( ,
MASSACHUSETTS
DEPT OF BUILDING INSPECTIONS
NORTHAMPTON,MA 01060
Two Thousand One
In the Year ----------
UPON THE RECOMMENDATION OF _ Mayor Mary Clare Hici ins and Councilors Marianne
LaBarge, James Dostal and Michael Bardsley
ORDINANCE NO..-_1.4.22...--.
An Ordinance of the City of Northampton, Massachusetts, providing that the Code of Ordinances,
City of Northampton, Massachusetts, be amended by adding a section to be numbered,-1-4-.2-2--;
providing regulation of earth removal actions
Be it ordained by the City Council of the City of Northampton, in City Council assembled, as fol-
lows: Section 1. That the Code of Ordir�a� es of the City of Northampton, Massachusetts, be amend-
ed by adding a section to be number `t 44 , to read as follows: I
"Section
MOM
ADD
t
Section 14-22. REGULATION OF EARTH REMOVAL ACTIONS
A. Purpose:
The purpose of this ordinance is to regulate activities which the Commonwealth
of Massachusetts allows cities and towns to regulate and prohibit under M.G.L. C. s
40, section 21, paragraph 17 as the same may be amended from time to time.
This ordinance is enacted in order to regulate, rather than prohibit, such !
activities, by requiring those persons, corporations or other legal entities who
engage in such activities to obtain a permit from the Earth Removal Enforcement
Officer of the City of Northampton.
B. For purposes of this ordinance the following terms shall have the following
definitions-
(i) "casual removal of earth materials" —the removal of topsoil, stone,
gravel, soil, loam, sand or other earth material by use of hand tools:
1 "earth removal action"—the removal of more than 10 cubic yards of
topsoil, stone, gravel, soil, loam, sand, or other earth material; j
,glacial stone"— stone which was deposited by glaciers, which is
already in small (less than 6' x 6') pieces;
(iv) "heavy impact removal of earth materials" —the removal of topsoil,
stone, gravel, soil, loam, sand, or other earth materials by means of
hydraulic drilling, hammering, ball dropping or other means of heavy
impacting extraction technology;
(v) "person aggrieved" —
Q;TtSMIp�,
�•�� R� (rtit r of Nort4alu rtan
r r = W
� � �lassachasetts
DEPARTMENT OF BUILDIT;G INSPECTIONS
r
INSPECTOR 212 Main Street • Municipal Building
North,-unpton,MA 01060
May 20, 2002
Antonucci& Associates
Counselors at Law
83 State Street
Suite 203
Springfield, MA 01103-2009
RE: Earth Removal Ordinance
Dear Mr. Antonucci,
I know that your client Valley Aggregates would like to resume operations at Turkey Hill
Rd. I would like to set up a meeting with you and your client to go over the activities that
you wish to resume. I have attached a copy of Northampton's Earth Removal Ordinance
for review as well as a application.
I spoke with Ms. Carolyn Misch , representative of the Conservation Commission and
she informs me as of today's date your client has not fulfilled the conditions set forth by
the Conservation Commission. When those conditions have been met you may be able to
resume some of your operations. I would like to go over what those operations may be so
that we all are assured that they comply with the courts decision and the Earth Removal
Ordinance.
Thanking you in advance for your co-operation.
Sincerely,
Anthony Patillo
Building Commissioner
City of Northampton
CC: Mayor Higgins, City Solicitor J. Sheppard
Date/Time : 5/22/02 10 : 02 :31
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Case No. : 1-00-012773 NORTHAMPTON POLICE DEPARTMENT (Continued)
**************************** N A R R A T I V E # 2 ***************************
*** ORIGINAL REPORT *** Entered By. : NICHOLS, DONALD A. 7/20/00
**************************** N A R R A T I V E # 3 ***************************
VANDALISM Entered By. : NICHOLS, DONALD A. 7/20/00
RESPONDED TO 24 TURKEY HILL RD FOR VANDALISM OF A MAILBOX. ON ARRIVAL
I SPOKE WITH JOHN E COTTON RESIDENT. HE STATED THAT TEN WHEEL DUMP
TRUCKS FROM THE GRAVEL PIT AT THE END OF TURKEY HILL RD HAS BEEN
PASSING EACH OTHER IN FRONT OF HIS HOUSE. TODAY THEY DROVE ON HIS
YARD AND DAMAGED A MAILBOX. COTTON STATED THAT WHAT THEY HAVE BEEN
DOING IS ONE TRUCK WAITS IN FRONT OF HIS HOUSE GOING UP THE HILL WHILE
THE OTHER TRUCK IS COMING DOWN LOADED. THE STREET IS TOO NARROW TO
PASS FURTHER UP SO THEY WAIT AND PASS IN FRONT OF HIS HOUSE . AS STATED
BEFORE THEY HAVE BEEN DRIVING FURTHER AND FURTHER ONTO HIS GRASS AND
HIT THE MAILBOX TODAY.
THEY WORK 7 AM TO 3PM SO I WILL TRY AND HAVE THE AREA 3 DAYSHIFT
OFFICER TALK TO THE FOREMAN AT THE GRAVEL PIT. MAYBE THEY CAN PARK
SOMEWHERE ELSE TO PASS ON THE STREET.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Date/Time : 5/22/02 10 : 02 : 31
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Case No. : 1-00-012773 NORTHAMPTON POLICE DEPARTMENT
Date of Occurrence . : 7/20/00 thru 7/20/00 Time of Occur. : 16 :27 thru 16 :27
Date of Report . . . . . : 7/20/00 Time of Report : 16 :27
Dispatched. . . . . . . . . : 7/20/00 @ 16 :27 Responded. . . . . : 7/20/00 @ 16 :27
Arrived. . . . . . . . . . . . . 7/20/00 @ 16 : 37 Cleared. . . . . . . . 7/20/00 @ 16 :41
Day of the Week. . . : THURSDAY Microflm/Roll# :
Common Name. . . . . . .
Incident Location. : 24 TURKEY HILL RD
Incident Cty/ST/PR: FLORENCE MA ZIP: 01062
County. . . . . . . . . . . . . HAMPSHIRE 01
Location Type . . . . . : RESIDENCE/HOME 20
Beat Assignment . . . : Map Ref . . :
District . . . . . . . . . .
Zone/Div:
Department Classif : VANDALISM:
Reporting Officer. : DONALD A NICHOLS
Case Status . . . . . . : Active Date :
Alcohol Related. . . :
Drugs Related. . . . .
************* V E R I F I C A T I O N I N F O R M A T I O N ******************
Rpt Officer Review: Employee :
Supervisory Review: Employee :
Clerical Entry. . . . : Employee :
************ C A S E M A N A G E M E N T I N F O R M A T I O N *************
Case Disposition. : Active ACTIVE Date : 0/00/00
Case Forwarded To:
********************* P E R S O N I N F O R M A T I O N **********************
* PERSON REPORTING * INFORMATION # 1
Name : JOHN E. COTTON DOB. :
Addr: 24 TURKEY HILL RD SSN. : 000000000
City: NORTHAMPTON ST: MA ZIP : Phn# : 413/586-5533
POB. : ST: Country:
Empl : Bus# :
Occp:
Race. . . . . . . . Sex. .
Ethnic Org. :
OL #. . . . . . . . OL ST: Country:
Age . . . . . . . . . Misc# :
Height . . . . . . 000 Ft . /in.
Weight . . . . . . lbs
**************************** N A R R A T I V E # 1 ***************************
*** DISPATCH INFORMATION Entered By. : DAY, LISA M. 7/20/00
DAMAGED MAILBOX
Date/Time : 5/17/02 12 : 07 :45
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Case No. : 1-00-022233 NORTHAMPTON POLICE DEPARTMENT (Continued)
**************************** N A R R A T I V E # 2 ***************************
*** ORIGINAL REPORT *** Entered By. : FARRELL, SUSAN M. 12/15/00
**************************** N A R R A T I V E # 3 ***************************
OFFICERS REPORT Entered By. : FARRELL, SUSAN M. 12/15/00
Ms . Bessette came into the station to make a complaint about a truck
that nearly struck after going through a stop sign at the bottom of
Turkey Hill Rd. She had the license plate number which is (CO) 229-380
and was on a white truck. The listing indicated that it was a white
and red dump truck belonging to Labrie Trucking. Sgt . Trushaw was
notified and he stated that he would view the area for a period of
time and speak with them some time later. He called back to the
station to indicate that he did find two drivers and spoke with both
issuing them verbal warnings about this .
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Date/Time : 5/17/02 12 : 07 :45
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Case No. : 1-00-022233 NORTHAMPTON POLICE DEPARTMENT
Date of Occurrence . : 12/15/00 thru 12/15/00 Time of Occur. : 9 : 16 thru 9 : 16
Date of Report . . . . . : 12/15/00 Time of Report : 9 : 16
Dispatched. . . . . . . . . . 12/15/00 @ 9 : 16 Responded. . . . . . @ 0 : 00
Arrived. . . . . . . . . . . . . @ 0 : 00 Cleared. . . . . . . . 12/15/00 @ 9 : 17
Day of the Week. . . : FRIDAY Microflm/Roll# :
Common Name. . . . . . . : TURKEY HILL RD
Incident Location. : TURKEY HILL RD
Incident Cty/ST/PR: NORTHAMPTON MA ZIP : 01060
County. . . . . . . . . . . . . HAMPSHIRE 01
Location Type . . . . . : HIGHWAY/ROAD/ALLEY 13
Beat Assignment . . . : DESK Map Ref . . :
District . . . . . . . . . .
Zone/Div:
Department Classif : MOTOR VEHICLE COMPLAINT
Reporting Officer. : SUSAN M FARRELL
Case Status . . . . . . : Active Date :
Alcohol Related. . . :
Drugs Related. . . . . .
************* V E R I F I C A T I O N I N F O R M A T I O N ******************
Rpt Officer Review: Employee :
Supervisory Review: Employee :
Clerical Entry. . . . : Employee :
************ C A S E M A N A G E M E N T I N F O R M A T I O N *************
Case Disposition. : Active ACTIVE Date : 0/00/00
Case Forwarded To:
********************* P E R S O N I N F O R M A T I O N **********************
* PERSON REPORTING * INFORMATION # 1
Name : JOANNE M BESSETTE DOB. : 7/18/1950
Addr: 228 SYLVESTER RD SSN. : 000000000
City: NORTHAMPTON ST: MA ZIP: Phn# : 413/584-5284
POB. : ST: Country:
Empl : Bus# : 413/000-0000
Occp:
Race. . . . . . . . Sex. .
Ethnic Org. :
OL #. . . . . . . . OL ST: Country:
Age. . . . . . . . . 50 Misc# :
Height . . . . . . 000 Ft . /in.
Weight . . . . . . lbs
**************************** N A R R A T I V E # 1 ***************************
*** DISPATCH INFORMATION Entered By. : GODIN, JENNIFER M. 12/15/00
TRAFFIC VIOLATION/COMPLAINT-MV COMPLAINT
CMINCU NORTHAMPTON POLICE DEPARTMENT 5/17/02
Changes Incident Information 12 :49 :46
Case Number . . . . . . . . . . . 1-00-021797
Type information, press Enter.
Report Time . . . . . . . . . 1332
Note 1 . . . . . . . . . . . . . . REPORT OF TRUCKS SPEEDING; CHECKED
Note 2 . . . . . . . . . . . . . . ROAD; ROAD VERY SLIPPERY; IMPOSIBLE
Note 3 . . . . . . . . . . . . . . TO SPEED W/OUT GOING OFF THE ROAD.
Offenses? . . . . . . . . . . . . . No
Property? . . . . . . . . . . . . . No
Names? . . . . . . . . . . . . . . Yes
Vehicles? . . . . . . . . . . . . . No
Narrative? . . . . . . . . . . . . Yes
Relationships? . . . . . . . . . . No
Case Management? . . . . . . . . . No
Related Cases? . . . . . . . . . . No
More. . .
F7=Work Flow F8=Property F9=Names F10=Vehicles F11=Narrative
F12=Cancel F14=Times F15=Related Cases F24=More Keys
Date/Time : 5/17/02 12 : 08 : 14
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Progrm: CMS301 Incident Report
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Case No. : 1-00-021797 NORTHAMPTON POLICE DEPARTMENT (Continued)
**************************** N A R R A T I V E # 2 ***************************
*** ORIGINAL REPORT *** Entered By. : JIMENEZ, GILBERTO 12/08/00
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Date/Time : 5/17/02 12 : 08 : 14 �'�
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w
Crimes Management System Page : 1
Pro'grm: CMS301 -Incident-Report-
----------------------- --------------------
Case No . : 1-00-021797 NORTHAMPTON POLICE DEPARTMENT [ - � CLA
Date of Occurrence . : 12/08/00 thru 12/08/00 Time of Occuri : 13 : 32 t4ru 13
Date of Report . . . . . . 12/08/00 Time of Report : 13 : 32 ` /�L
Dispatched. . . . . . . . . . 12/08/00 @ 13 : 32 Responded. . . . . . @ Vo .
Arrived. . . . . . . . . . . . . 12/08/00 @ 13 :41 Cleared. . . . 12/08/00 @
Day of the Week. . . : FRIDAY Microflm/Rol' # :
Common Name . . . . . . . : TURKEY HILL RD
Incident Location. : TURKEY HILL RD
Incident Cty/ST/PR: NORTHAMPTON MA ZIP: 01060
County. . . . . . . . . . . . . HAMPSHIRE O1
Location Type . . . . . : HIGHWAY/ROAD/ALLEY 13
Beat Assignment . . . : Map Ref . . :
District . . . . . . . . . .
Zone/Div:
Department Classif : MOTOR VEHICLE COMPLAINT
Reporting Officer. : GILBERTO JIMENEZ
Case Status . . . . . . : Inactive Date :
Alcohol Related. . . :
Drugs Related. . . . .
************* V E R I F I C A T I O N I N F O R M A T I O N ******************
Rpt Officer Review: Employee :
Supervisory Review: Employee :
Clerical Entry. . . . : Employee :
************ C A S E M A N A G E M E N T I N F O R M A T I O N *************
Case Disposition. : Inactive NONACT Date : 0/00/00
Case Forwarded To:
********************* P E R S O N I N F O R M A T I O N **********************
* PERSON REPORTING * INFORMATION # 1
Name: MR ROBERTSON DOB. :
Addr: TURKEY HILL RD SSN. : 000000000
City: ST: ZIP : Phn# : 413/584-2060
POB. : ST: Country:
Empl : Bus# :
Occp:
Race. . . . . . . . Sex. .
Ethnic Org. :
OL #. . . . . . . . OL ST: Country:
Age . . . . . . . . . Misc# :
Height . . . . . . 000 Ft . /in.
Weight . . . . . . lbs
**************************** N A R R A T I V E # 1 ***************************
*** DISPATCH INFORMATION Entered By. : YEZIERSKI , JEROME R. 12/08/00
TRAFFIC VIOLATION/COMPLAINT OF TRUCKS HAULING STONE SPEEDING AND ROAD
BEING SLIPPERY
�:
R
.-. _ ___.
UNA
,•� a Northampton Police Department
� e
MEMORANDUM
DATE: MAY 22, 2002
TO: ANTHONY PATILLO
MAY 2 3 2C�2
FROM: JANE
SUBJECT: TURKEY HILL ROAD
ATTACHED ARE THE COPIES OF MOTOR VEHICLE COMPLAINTS
FOR TURKEY HILL ROAD FOR THE PAST THREE YEARS.
THERE WERE NO ACCIDENTS ON TURKEY HTT.T. ROAD IN THE
LAST THREE YEARS.
IF YOU HAVE ANY QUESTIONS, PLEASE CALL ME AT:
587-1129
❑ OVER