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18D-040 COMPLAINT /19 ILO L p EC� � ibE MEMORANDUM TO: Tony Patillo LU MIR 16 amL.JJ FROM: LAURA KRUTZLER, Board Secretary ©EPT OF BUN-!NG IIjpEC IONSNOPrF, t1 mA 01660 RE: Request for Enforcement Action Against Pride Convenience, Inc. DATE: March 16, 2000 Tony, I am writing on behalf of the Planning Board to request your help in pursuing enforcement action against the Pride Gas Station (corner of Damon Road & King Street) for failure to comply with the landscaping plan approved with their Site Plan Special Permit dated February 26, 1998 and filed in the City Clerk's office on March 13, 1998. Planning Board Member Kenneth Jodrie has repeatedly expressed concern that Pride has not provided the number of street trees required by zoning and approved with their Site Plan Special Permit. Jodrie recently visited the site and reported back to the full Board that the plantings did not conform to the approved plan. He also questioned whether the trees met the caliper requirement of zoning. Could you please conduct a site visit to confirm his assessment and contact Pride if you concur that they are in violation of their permit? I am happy to assist in any way possible. I have enclosed a copy of the approved planting plan and a copy of the decision and applicable minutes. (Pride apparently never fulfilled the explicit requirement to submit an amended plan showing the relocation of the Compact Amur Maple and Littleleaf Linden, since this marked-up plan is the only one I could find in our file.) Thanks for your help. /V ,�� or s MAR-17-00 09 :40 AM PRIDE 4137315852 P_ 01 /IP -41-0 Pride 246 Cottage St.. Springfield. MA 01104-4002 Tel. 413-737-6992 • Fax 413-731-5852 March 17, 2000 Anthony Patillo, Building Commissioner City of Northampton @ Fax 413-587-1272 Re: Plantings at 375 King Street This will confirm that we did install all plantings exactly per plan. However in late Fall many of these were stolen. We did report this to the Police Department and you can confirm this with them. Several weeks after this first incident many more plants were stolen. We _ — did not bother to report this to the Police Department. It is our intention to replace them this Spring. We will notify you when this is done. Yours truly, Robert Bolduc, Pres. /YD—tO aoRtMAM`?T ti ,, r PLANNING AND DEVELOPMENT • CITY OF NOR N j _ 1_> - M M City Hal• 2i o Main Street • Northampton, A o r oho • (4131587-1266 • Faoc(413)587-1264 d '�j, Wagre Feiden,Director•email:planning@city.nortbampton.ma.us •internet:www.city.nortbampton.ma.us 1 :.:":T:::"---"T_'?::'''L--H May 23, 2000 U 'i ' MAY 2 4 \, 2 :.� Robert Bolduc, President Pride DE NpRTHAMPTON M�P01060N� 246 Cottage Street Springfield, MA 0 1 1 04-4002 Re: Replacement of Plantings at 375 King Street. Dear Mr. Bolduc, The Northampton Planning Board was advised of your letter to the Building Inspector dated March 17, 2000 informing him that required plantings at the above-referenced property had been stolen and would be replaced this Spring. The Board is keenly interested in your efforts to resolve this situation and has requested that you take steps to comply with the approved landscaping plan by June 15, 2000. An inspection of the property will be made on this date by either the Building Inspector or a representative of the Planning Department. Failure to meet this deadline could result in additional enforcement action being taken. Thank you for your attention to this matter. Sincerely, o&fiz Laura Krutzler, oard Secretary Northampton Planning Board cc: Building Commissioner Anthony Patillo Northampton Planning Board Pride Convenience, Inc., 375 King Street,Northampton, MA 01060 planning board•conservation commission •zoning board of appeals •housing partnership-redevelopmentautboritvj •economic development•community development•lbistoric district commission •.istoricalcommission •nortyamptonGIS original prim tedon recycled paper Anthony Patillo Building Commissioner `4 _ r x - zo PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON )) II�' , ( City Half• 210 Main Street,Room I I • Northampton,MA o i o6o-3198 •1413)587-1266 • Fax 587-1264 tell Wayne Ieiden,Director•email:planning@city.nortbampton.ma.us•internet:www.nortbamptonplanning.org July 21,2000 Eill • Robert Bolduc, President Pride .1111. 2 12000 246 Cottage Street Springfield,MA 01104-4002 , DEPT OF BUILDING I SP._CTi' i: - Re: Replacement of Plantings at 375 King Street. Dear Mr. Bolduc, Thank you for your response to my letter regarding plantings at the above-referenced property. The Planning Department has accepted your proposal to provide missing street trees with the following exceptions: 1. The total number of street trees along King Street must equal four. Although there may have been discussion of eliminating the center tree in the final moments of the hearing, it was never formalized as a condition of the permit or shown as a revision on the marked-up version of the planting plan. The landscaping must conform to the requirements of the permit as issued. (If you had disagreed with a particular condition of the permit,the remedy would have been to file an appeal within the designated appeal period.) 2. If trees from other areas of the property are used to fulfill the requirement for street trees, you must insure that this does not result in another violation by eliminating a required tree in another location. (The approved planting plan calls for a total of three trees to remain along the southern property line and two trees to remain along the rear property boundary.) Your request to wait until September to transplant the trees is fine. Thank you for your efforts to resolve this situation. Sincerely, I-2G a, Laura Krutzler, Board Secretary Northampton Planning Board cc: Building Commissioner Anthony Patillo Northampton Planning Board Pride Convenience, Inc., 375 King Street,Northampton,MA 01060 planning board•conservation commission •zoning boa rdof appeals•bousingpartnersbip•redevelopmentautbority•nortbamptonGIS economic development•community development•historic district commission•historica(commission•central business arcbitecture original printed on regcledpaper Anthony Patillo Building Commissioner C i PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON � ; CitN Ha(I• 21 o Main Street,Room i r • Northampton,MA or o6o-3198 •1413)587-1166 - Fax:587-1264 v„,41100 eirco0 Wayne Feiden,Director•emaileplanning@citg.northamptork . s• tegt:Rwr0noWarito pning.org August 2, 2000 AUG 2 2000 Robert Bolduc, President DEPT OF BUII,WIG INSPECTIONS Pride _ NORTHf I'.!k, ,MA 01060 246 Cottage Street Springfield, MA 01104-4002 Re: Replacement of Plantings at 375 King Street. Dear Mr. Bolduc, As we discussed by phone last week, the Planning Board reviewed your proposal to bring the Northampton Pride station into compliance with the approved planting plan at their meeting on July 27th• Per their discussion,please be advised that the following is necessary to satisfy the requirements of your permit: 1. A total of four street trees must be provided along King Street and three along Damon Road. 2. Missing street trees must not be relocated from another area of the property. 3. Dead and dying trees at the site must be replaced. Members have set a deadline for compliance of September 30t. If the required trees are not installed by this date, the Planning Board will recommend to the Building Inspector taking any and all appropriate actions to enforce the conditions of the permit. Sincerely, X,u Laura Krutzler, Board Secretary Northampton Planning Board cc: Building Commissioner Anthony Patillo Northampton Planning Board Pride Convenience, Inc., 375 King Street, Northampton, MA 01060 planning board•conservation commission •zoning board of appeals •housing partnership•redevelopment authority, •nortbamptonGIS economic development •community development•historic district corn mission •historical commission•central business architecture original printed on recycled paper 4- ri PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON 141I—4� City Hall• 21 o Main Street,Room i i •Northampton,MA o i o6o-3 i 98 •(4131587-1266 • Fax 5 87-1264 i; �4 wayneFeiden,Director•email:planning@city.northampton.ma.us•internet:wwwnorthamptonplanning.org November 14, 2000r6) O d i I �a a Robert Bolduc,President6 � 15 � i- Pride Convenience, Inc. 246 Cottage Street DEPT OF BUILDING INSPECTIONS Springfield, MA 01104 NORTHAMPTON MA 01060 Dear Mr. Bolduc: The Planning Board discussed your faxed letter of November 3, 2000 at its last meeting on November 16. Again, the Board emphasized that your permit issued in 1998 required trees at that time and your recent problems with obtaining the right number of 2 1/5"caliper trees do not concern the Board. Based on your intentions stated in your letter, the Board has decided the following: 1. The deadline for replacing the 3 undersized trees (1 on Damon Road,2 on King Street) will be May 1, 2001. 2. Because of the long delay that you have created in planting the right sized trees,the Board requires that you must replace these trees with 3"caliper trees as measured 12" from grade. (If you had planted the trees when required,they would-have grown to 3"by the spring of 2001). 3. If the trees are not planted by May 1, the Building Commissioner may begin to issue daily fines. 4. You will not receive a permanent Certificate of Occupancy until the trees are planted. 5. You will not receive any other building permits, including those for interior work/tenant upfit until the trees are planted. Finally, the Planning Board suggests that you may wish to see the trees that the newly permitted Wal*Mart planted within the last month on its site on North King Street in Northampton. These trees meet or exceed the Zoning Code's required caliper. If you have any other questions, I can be reached at 587-1266. Sincerely, e---(Utter7 f2u W d Carolyn Misch,AICP Senior Land Use Planner/Permits Manager V "c: Anthony Patillo,Building Commissioner planning board•conservation commission•zoning board of appeals•housing partnership•redevelopment authority •northampton GIS economic development•community development•historic district commission •historicalcommission•central business architecture original pri null on recycled paper /sip' - Pride OCT 3 0 2000 u 246 Cottage St., Springfield, MA 01104-4002 Tel. 413-737-6992 • Fax 413-731-5852 October 26, 2000 Daniel Yaciizzo, Chair Northampton Planning Board 210 Main Street, Room 11 Northampton, MA 01060-3198 We respectfully request a meeting to resolve the outstanding issues with the plantings at our 375 King Street location. Discussions thru aides, via letters, and over the telephone are only complicating the issues and causing unnecessary problems, expense, and frustration for all parties. We have acted professionally and in good faith with your Board at all times,just as your Board has, and we look forward to continuing this relationship. Thank you very much. Yours truly, Robert Bolduc, Pres. PS: Your October 23 letter mentions a $100.00 fine however it was not enclosed. cc: 'Building Commissioner Anthony Patillo Northampton Planning Board