36-285 (2) t
'4
p.+ s�
A 'A/9
4 Document other project alternatives (i.e., other locations and;'or construction methods. particularly thos6
that would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 8',z" x 1 1 " drawings in planview and cro�tbe n, showing the resource area and the proposed activ-
ty within the resource area. Dra to scale and should be clear enough for photocopying.
Certification is u�d`f the Division of Water Pollution Control before the Federal permit can be
issued.Ce tion be obtained by contacting the Division of Water Pollution Control,1 Winter Street,
Boston, assach tts 02108.
Where the ivity will take place within the ar trrrcf f"fie Mas chusetts approved Coastal Zone
Manage nt Program,the applicant that his propos ctivity complies with and will be conducted
in a ma,�fner that is consisten a approved progr
Infor ation pr d will be used in evaluati a application for a permit and is made a matter of public
reco gh issuance of a public notice isc!osure of this information is voluntary,however,if necessary
information is not provided, the appli ion cannot be processed nor � e issued.
I hereby certify under the ;Prting and penalties of ry that the foregoin ice of Intent and accompanying
plans, documents and sup data ar e and complete, to qbisi of my knowledge.
Signature of Applicant Date
RAe:
?Y
Signature of Applicant's Representative
Pte -
1.
s
FORM "Exceptioneto ENG Form 4345 ap HQUSACE. 6 May 1982".
NED p100 (TEST) t
1 MAY 82 "This docu s a joint Department of the Armv and State of Massachusetts appLCOtiun
for a permit to obtain permission to perform activities in United States waters. The Office
of Management and Budget (OMB) has approved those questions required by the US Armv Corgi-�
of Engineers. OMB Number 0702-0036 and expiration date of 30 September 1983 applies". This
statement will be set in 6 point type.
3-7
At �..
246-216 -2-
The Department finds that since the previous structure was
demolished prior to the filing of the Notice of Intent, neither the
Commission or the Department had the opportunity to assess the
amount of compensatory storage, if any, produced by the removal of
this structure.
For the above reasons the Department finds that it will require you
to submit plans providing for compensatory storage as provided for
,in 310 CMR 10. 57 (4) (a) and to submit plans showing compliance with
Title 5 as provided for in 310 CMR 10. 03 within 30 days of issuance
of this notification. If such plans are not received by the
Department within this time frame, of if the plans submitted do not
show compliance with 310 CMR 10. 57, you are further required to
remove the dwelling from "Bordering Land Subject to Flooding" as
defined in 310 CMR 10.57 . Plans for the removal of said dwelling
will be required within 30 days of issuance of this notification
and removal and site stabilization should be completed within 183
days of issuance of this notification.
If you have any questions please contact Robert McCollum of this
office.
Very tr y ours,
Roland tu uis, P.E.
Regional Engineer
Bureau of Resource Protection
TM:mr
wp: duda-003
Certified Mail No. P 524 674 285,: , Return Receipt Requested
cc: Northampton Conservation Commission, Town Hall,
Northampton, MA 01060
Massachusetts Audubon Society Acardia Nature Center and
Wildlife Sanctuary, 127 Combs Road, Easthampton, MA 01027
Bruce Palmer, 212 Main Street, Northampton, MA 01060
Jane Layton, 127 Combs Road, Easthampton, MA 01027
Ralph Emrak, 47 Leonard Street, Leeds, MA 01053
Wayne Feiden, City Hall, 210 Main Street,
Northampton, MA 01060
Mary Shanley, Combs Road, Easthampton, MA 01027
Frank Peters, 58 Cooledge Avenue, Hampden, MA 01036
Larry Smith, Northampton Sr. Planner, City Hall,
210 Main Street, Northampton, MA 01060
Brenda K. Elias, Daily Hampshire Gazette, 115 Conz Street,
Northampton, MA 01060
DANIEL S. GREENBAUM
Commissioner ;�,,,,��,�
JOHN J. HIGGINS ¢�6�u�'y"R'Jtr�eeG J�hrz� � � 0110d
Regional Director 41d 764-1100
NOV 0 7 1989
Mr. •Mitch Duda
Island Road
Northampton, MA 01060 Re: DEP file number 246-216
Request for Superseding
Order of Conditions
Dear Mr. Duda:
The Department of Environmental Protection is in receipt of a
request for a Superseding order of Conditions for the above
referenced project. In response to the request the Department held
an on-site meeting to gather information on the subject.
At the site meeting the Department determined the following facts:
* Construction within "Bordering Land Subject to Flooding"
and within the Buffer Zone to "Banks and "Land Under
Water" was initiated by yourself without first obtaining
the required permits under the Massachusetts Wetlands
Protection Act" MGL ch. 131 s. 40. As a result of these
violations of the "Act" the Northampton Conservation
Commission issued an Enforcement Order. At that time
photographs taken by the Conservation Commission show
work proceeding on a new dwelling on the site. Following
the issuance of the Enforcement Order you submitted a
Notice of Intent for the renovation of an existing
structure, no plans of existing or proposed structures
were submitted. An Order of Conditions was issued for
the construction of a dwelling in conformance with plans
titled 11120-011-9 Mitch Duda 'lox bow marina" 5-19-89!'
signed and stamped by Mark Darnold. Although the
Construction was within the Buffer Zone and "Bordering
Land Subject to Flooding" , the Commission did not require
any compensatory storage or verification of compliance
with Title 5 of 310 CMR 15 . 00. This is inconsistent with
310 CMR 10 . 57 (4) and 310 CMR 10 . 03 (1) (3) . The
construction of the house is in violation of the Order
of Conditions issued. The Order of Conditions allows
house with dimensions 31 ft. by 22 ft. The hous,:.
constructed is larger than the dimensions permitted.
Original Printed on 100% Recvcled Pacer
i
City of Northampton, Massach
Office of Planning and Develo t
City Hail . 210 Main Street 13
Northampton, MA 01060 .(413) 586.6950
• Community and Economic Development -:` r)F
• Conservation. Historic Preservation
• Planning Board.Zoning Board of Appeals
-�9
November 7, 1989
Howard Kobin
50 Fairview Avenue
Northampton, MA 01060
RE: Southview Acres I and II, enforcement order
Dear Mr. Kobin:
I am writing to confirm that the Northampton Conservation
Commission has released Southview Acres lots 1, 2 , 3 , 4 , 5 , 6 , 7 ,
8 , 9, 10, 11, 12 , 13 , and 17 from the enforcement order covering
Southview Acres. Lot 17 's release is conditional on hay bales
being staked on the down gradient side of the lot from the start
of the development through the stabilization of the site.
You should be aware that all of the remainder of the lots within
Southview Acres I and II subdivision are subject to the Commissions
enforcement order of May 25, 1989 .
If you have any questions, please feel free to call.
Sincerely,
Wayne M. Feiden
Planner
THE COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, SS NOVEMBER 7, 1989
Then personally appeared the above-named Wayne M. Feiden and
acknowledged the foregoing instrument to be his free act and daed
before me.
_'----
Vot4ry Publ4c
M" Commis6.i n expires