07-014 395 North Farms Road-Wetlands Enforcement0
CITY OF NORTHAMPTON
OFFICE OF THE CITY CLERK
NOTICE OF PAYMENT OF NON - CRIMINAL VIOLATION
TO: CLERK/MAGISTRATE
NORTHAMPTON DISTRICT COURT
15 GOTHIC STREET
NORTHAMPTON, MASSACHUSETTS 01060
Payment for the following non - criminal violations has been made to this office as
follows:
TICKET # ISSUED TO
02817 Frederic & Susan Mackeler
395 North Farms Road
Florence, MA 01062
DATE OF ISSUE FINE
April 24, 2002 $100.00
(Cutting trees in a pond and
wetland)
Please enter these violations as "PAID" in your records. Your cooperation is
greatly appreciated.
e o 0
Christine korupski
City Clerk
Date: May 17, 2002
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City HA - 21 o Main Street, Room xi - Northampton, MA o1060 -3 198 • (413) 587 -1266 • Fax: 587 -1264
Wayne Feiden, Director • planning @northamptonplanning.org www.northamptonplanning.org
30 September 2002
Frederic and Susan Mackler
395 North Farms Road
Florence, MA 01062
Re: Revised Enforcement Order
Map 7, Parcel 14
Dear Fred and Susan,
The Conservation Commission had a brief discussion of your property at the last meeting,
September 26 A couple of the members had visited your property back in May and reported
back to the Commission what they thought would be appropriate mitigation for the cut trees and
shrubs.
I have sent you a new (revised) Enforcement Order that reflects the site visit and discussion of
the Conservation Commission. Basically, the Commission believes that the best course of action
at this point is to do nothing. Of course, there should be no more cutting of vegetation in the
resource area or buffer zone, but also no replanting of the disturbed area as was previously
discussed. Given the fragile nature of the disturbed area, it is best to allow that area to revegetate
naturally.
If you should have any questions or concerns, please feel free to contact me at 587 -1263.
Sincerely,
�AGP
Gloria McPherson
Conservation and Land Use Planner
planning board • conservation commission - zoning board of appeals • housing partnership • redevelopment authority • northampton GIS
economic development • communito development - historic district commission • historical commission• central business architecture
originalprinledon recycW paper
DEP File Number:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Provided by DEP
WPA Form 9A— Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
File Number
Dated
Condition number(s)
Page 1 of 3
WPA Form 9A
Rev. 02/00
A. Violation Information
This Enforcement Order is issued by:
30 September 2002
Northampton Conservation Commission Date
Conservation Commission (Issuing Authority)
Frederic and Susan Mackler
Name of Violator
395 North Farms Road
Address
To:
1. Location of Violation:
Property Owner (if different)
395 North Farms Road
Street Address
Florence, MA Zip Co de
Cityrrown Zip Co
14
7
Assessors Map /Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Cutting trees and shrubs within a wetland and pond
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
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cost.)
❑ Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® 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
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:
Shall not cut or remove trees or shrubs, live or dead, within the resource area or buffer zone.
Shall not replant the disturbed area. Shall allow a natural revegetation of the disturbed area.
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.
Questions regarding this Enforcement Order should be directed to:
WPA Form 9A
Rev. 02100 Page 2 of 3
DEP File Number:
Massachusetts Department of Environmental Prot
Bureau
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Gloria McPherson, Conservation and Land Use Planner
Name
587 -1263
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
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:
Signature of delivery person or certified mail number
WPA Forth 9A Page 3 of 3
Rev. 02100
Massachusetts Department of Environmental Protection DEP File Number:
U Bureau of Resource Protection - Wetlands
g WPA Form 9A — Enforcement Order Provided by DEP
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
computer, use Northampton Conservation Commission April 24 2002
only the tab Conservation Commission (Issuing Authority) Date
key to move
your cursor - To:
do not use the Frederic and Susan Mackler
return key. Name of Violator
=I 395 North Farms Road
vlIzI Address
1. Location of Violation:
Mackeler
Property Owner (if different)
395 North Farms Road
Street Address
F lorenc e, MA 01 062.
City/Town Zip Code
7 14
Assessors Map /Plat Number Parcel /Lot Number
2. Extent and Type of Activity:
Cutting trees and shrubs within a wetland and pond.
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
Dated
me Number
Condition number(s)
WPA Form 9A
Rev. 02/00 Page 1 of 3
The issuing authority hereby orders the following (check all that apply):
® 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
uate
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:
The owner shall pay the enclosed fine and shall notify the Commission no later than April 29
2002. The owner shall appear at the May 9 Conservation Commission meeting with details of the
number, type and size of trees cut within the pond and at the pond's edge. Shrub type shall also
be identified. if owner does not contact the Commission by Monday April 29, the Conservation
may continue issuing fines of $100 for each day of the violation, beginning April 25
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
WPA Form 9A
Rev. 02/00 Page 2 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Carolyn Misch, Senior Land Use Planner /Permits Manaqer
Name
587 -1287
Phone Number
8:30 a.m. to 4:30 D.M. Mon -Fri
Hours /Days Available
Issued by:
City of Northampton Conservation Commission
Conservation Commission
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:
1661 /M DOOS 13 1 -119-3
Signature of delivery person or certified mail number
WPA Form 9A
Rev. 02/00 Page 3 of 3