10D-033 182 Main St trailer-zoning and wetlands violations•
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
T` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important:
When filling out
This Enforcement Order is issued by:
forms on the
Northampton Conservation Commission
computer, use
only the tab
Conservation Commission (Issuing Authority)
key to move
To:
your cursor -
do not use the
Russell Myette
return key.
Name of Violator
86 Riverbank Road, Northampton, MA 01060
Address
1. Location of Violation:
Property Owner (if different)
182 Main Street
Street Address
Leeds, MA 01053
City/Town Zip Code
10D 33
Assessors Map /Plat Number Parcel /Lot Number
DEP File Number:
Provided by DEP
July 20, 2001
Date
2. Extent and Type of Activity:
Placement of residential trailer in Riverfront Area and Bordering Land Subject to Flooding without a
valid permit.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because:
® the activity has been /is being conducted without a valid Order of Conditions.
❑ the activity has been /is being conducted in violation of the Order of Conditions issued to:
Name
File Number
Dated
Condition number(s)
WPA Form 9A
Rev. 02/00 Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
❑ Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
DEP File Number:
Provided by DEP
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and /or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
® Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
August 20, 2001
Date
No further work shall be performed until a public hearing has been held and an Order of
Conditions has been issued to regulate said work.
❑ The property owner shall take the following action to prevent further violations of the Act:
If the Conservation Commission does not receive the attached application by August 20, 2001
the Commission may begin issuing fines of up to $100 for each day of the violation,
beginning on the day of this notice.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not
to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals /Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
WPA Form 9A
Rev. 02/00 Page 2 of 2
c
-.000
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Questions regarding this Enforcement Order should be directed to:
Carolyn Misch, Senior Land Use Planner /Permits Manager
Name
587 -1287
Phone Number
8:30 a.m. to 4:30 p.m. Mon -Fri
Hours /Days Available
Issued by:
City of Northampton Conservation Commission
Conservation Commission
DEP File Number:
Provided by DEP
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
�
/
_10 3gOO 000 s5;7_ q& 9�5/0
Signature of delivery person or certified mail number
WPA Form 9A
Rev. 02/00 Page 3 of 3
Gr of &Xarf4anuptQIt
$ � �lassachu$etts
rsi DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street • Municipal Building
North,unpton, MA 01060
July 19, 2001
Mrs. Sweeney
182 Main Street
Leeds, MA 01062
Map l OD Lot 033 URB/WP
Subject: Zoning violation (CT- 2002 - 000001) of trailer structure
Dear Mrs. Sweeney,
Our office received a complaint that alleges the trailer structure you have on your
property violates Northampton Zoning. I made a site visit to your property on July 11,
2001 to inspect the trailer structure. The Department of public works marked the front lot
line abutting Main Street. The trailer structure is located 3 '/z feet from that line.
Northampton Zoning table of dimensional and density regulations (section 6.2 copy
attached) requires a detached structure to have a minimum front set back of 15 feet. The
rear of the trailer structure also sits less than 20 feet from the Mill River. I checked the
files in the Planning Department as well as in our office and I could not find any permits
for the setting the trailer structure there. A building permit and a permit from the
Conservation Commission is required for locating the structure at that location.
You have 30 days in which to file for permits for locating that structure at that location, if
you fail to do so you will face fines of ua to $100 ner day and or court action. I have
requested the Planning Departments representative to the Conservation Commission
investigate and issue a violation order as required by law. You may appeal this decision
to the Northampton Zoning Board of Appeals and to the Conservation Commission.
If you have any questions please contact me at 587 -1240.
Anthony Patillo
Building Commissioner
City of Northampton
CC: Councilor R. Labarge, C. Misch Conservation Commission