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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