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25-078F 86 Riverbank Rd. Myette WPA Form 9A Enforcement Order July 29 2003LlMassAsetts9partment of Environmerk,.. i Protc—ion DEP File Number: Bureau of Resource Protection - Wetlands l� WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Northampton July 29, 2003 computer use use only the ta Conservation Commission (Issuing Authority) Date key to move To: your cursor - do not use the Russell Myette return key. Name of Violator 86 Riverbank Road Address 1. rerun Location of Violation: Property Owner (if different) 86 Riverbank Road Street Address Northampton 01060 City/Town Zip Code 25 78 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Paving a parking area within the floodplain without a 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 Dated File Number Condition number(s) wpaform9a doc • rev. 12/15/00 Page 1 of 3 ME Massamsetts0partment of Environmetk_.i Prote_ion DEP File Number: Bureau of Resource Protection - Wetlands Lll� WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ 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: Pay $100 fine. Submit an as -built plan, signed and stamped by a registered professional engineer or land surveyor. This plan must include elevations of the parking area and all land and structures within 25 feet of the parking area. This Enforcement Order will not be lifted until final approval from the Conservation Commission or its agent. If the as -built plan is not received by September 10, 2003, the Conservation Commission may begin issuing fines of up to $100 for each day of the violation, beginninq 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. wpaform9a.doc • rev 12/15/00 Page 2 of 3 Massa u*setts*pa rtm e nt of Environmes Proton Bureau of Resource Protection - Wetlands WPA Form 9A -- Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 DEP File Number: Provided by DEP 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: Gloria McPherson, Conservation and Land Use Planner Name 587-1263 Phone Number 8:00 am to 12:00 noon, M -F Hours/Days Available Issued by: Northampton 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: Signat re of delivery person or certified mail number Page 3 of 3 wpaform9a.doc • rev 12/15/00 FORMI A tiORTHAM MN. yin �Pi'Lif: �.`1'!Oti 1�t)�t F �+DOKSE�IF.iti t� OF PLAN RELITNFO NMI'() Rk'sQt;1RL-' ,�T1I'tiU�'r+l la. ,� ; ••il tCtCg: •• l {C R;7C dn�t �19i7>i 2nd S7D.- ro� lar ivtth the (: iC,r Clerk Snil 'i,4' htiltnln'� A'wt''1 1f1 'CCvtcia:lC,:"t111theYfiyu::C1nL':�ts:u`+4CUstt:X12. t lw•c1 believe that tile. auached 1)13t.- of propar} Sit the City Gi Northampton Bots tint coa, titutc div:sion within thr ltacan:rt�t of the Suixiivi;itlrl Cisntriyi I.nw, ItnA hex^'vit6 s,tl+ii:itx ,aid plan f.,s a datciur:nalion Sind endlSrSGmcut that i'lan:ting i37d t1 appIuva, u:1i1C1 d1c Subdivisiutl (`rintrol Law is not re.quirtd. i. Al)�71fccnt t Print or Lv1N? ' 4t�_Z��5 :1r?d:uss s.S i�G- 7. 11,Rn,1411)11 nt iyist:lz �S% � �,t2/.�m, k�.'a� �iN ��'Y`y /,!f,�-I't:ottir•. ��.� `�� -- t Sun . or (print or 1t1I`PcW 4. llcClj or ptb 1rr'y rvorded in i:nnitt+, Rc.^_tate., of rl�cds o1 Land t:uu: 5tre-:'V1me.1 i'rrry L'�r nti �re;eT'Ftir11: fleSCr:Ptil r� �`� � `'�L�► � p''�`'� f,.-1f5c�s.o:s:t!•rplTa.. �� LOttaj-�_ .� of new'.: crcar,d 10" _ — - U_:e Sohn';:cit tnr I'lan:::a, 1;„ari llp14. is;. �- ;�,� KEGULAT[CN........ May 13, 2002 PLANKING AND DEVELOPMENT • CITY OF NORTHAMPTON 1266 • Fax:587-1264 City Haff. 210 Main Street, Room I I • Northampton, MA o I o60-3 i 98 (413)587- wastle Feiden, Director - p [all ming@northampton plan 11ing.org www.northamptonpfanning.org Russell Myette 86 Riverbank Road Northampton, MA 01060 Map 25-78 Dear Mr. Myette: tan was submitted to redefine properties, formerly owned by Mary Rose Recently an ANR Pvision rules, Board signed the new O'Connell, along Riverbank Road' Under correct �errors a the Registry of property boundary layout to apparently It later came to our attention that you obtained some of Ms. O' M McDonald. Under, the ch abutted your property, and subsequently sold a portion of it to Cyn is located Northampton Zoning Ordinances, the SC zoning district in which your property requires a minimum lot size of 50,000 square fetAssessor ss from Ms. O'Connella show that You had less than and therefore your 5,000 square feet prior to obtaining additional Property lot was non -conforming. Purchasing the Property from Ms. O'Connell brought your property re requirement of 50,000 square feet. Once you add property to a non - closer to meeting the zoning q that makes your property more non -conforming than it conforming lot, you may not sell property was at the time that you held the property (§9.3-3Aj. , Based upon the ANR that was filed, the Office of Planning & Development and the Assessors office have created a newly merged lot that contains the property that you obtained from Ms. O'Connell. This new lot excludes the 4,000+ square foottpie ee Youat ymay noou t sell anto ylmore of McDonald in violation of the Northampton Zoning total lot size below your current acreage, or below this land in a way that reduces your 50,000 square feet whichever is less. If you have any questions please contact me. Regards, Carolyn Misch, AICP Senior Land Use Planner/Permits Manager Cc: Anthony Patiilo, Building Commissioner tannin board . conservation commission . zoning board o f appeals h mmi g onrt histor calcomm ssionn central bt sinesos. aychitectu e1S planning economic development - communits development • historic istrictcom original primal on "cied paper DEPARTMENT OF THE ARMY NEW ENGLAND DIVISION. CORPS OF ENGINEERS 424 TRAPELO ROAD WALTHAM. MASSACHUSETTS 02254-9149 gE/lT TO June 16, 1988 ATTENTION OF Jury 0 -4 3 Regulatory Branch OFFICE p,= PLANNING NEDOD-R AND DEVELOPMENT Mr. Russ Myette River Bank Road Northampton, Massachusetts 01060 Dear Mr. Myette: It has been brought to our attention that a docking facility has been built in the Connecticut River on your property at River Bank Road, Northampton, Massachusetts. This work appears to be a violation of forFandrobtains sand regulations which require that you apply h work. Department of the.Army peA rmit before performing en review of our records shows that you have not been.,issued a permit. explain Corps jurisdiction* 5, ,Corps of Let me brief-ly: xP and mean high water Engineers permit is required for all work bey in navigable waters o£ the 899(33SUaS.c.u403).$eIn1NewlEnglande Rivers and Harbors Act of 1899 (3of Section 10, navigablenflow oft for purposes ofthe tidehand natfew SOftes are those subject to the ebb an the major waterways used to transport interstate or forof the eign nder Section 4 commerce. Permits are also requif r those activities 4involving Clean Water Act (33 U.S.C. 1344)the the discharge of dredged or fill material navigablenwatersall aofrthef United United States, including not Y States, but also inland riveoastlinelakes, ournjurisdictionand undertheir neeor adjacent wetlands. On the c tide Clean Water Act extends Jany wetlands. watersInto the tinteriorhthe to the landward limit of anywetlands. jurisdiction under the Clean hetlandwardxlimit o£y landward to high water mark or ordinary - ears that a Federal permit -has not been issued Since it,apP er£orm any further work within for this work' you should not P areas subject to our jurisdiction until FederaL-04thorization >s received. -2- A violation of Section10 result ton$25001peraday of prosecution with fines ranging fromr up to one year; while a violation and/or imp risonmentn°shable by a civil fine of not violation of Section 404 puviolation. more than $25,000 perday of the Federal Regulations require thatwin h investigate situation. To assist us in this, please questions in writing: was an Army Coprs permit not first applied for prior 1. Why to doing this work? 2. What is the name of the Contractor that built this facility? 3. What date did the construction begin? 4. Please submit plans and drawings indicating the dimensions and layout of your facility. 5. Please submit copies of any State and local permits you already have. ithin aof legalfrom raction.of this Failure to respond w letter may result in the initiation lease contact Robert Mabb of my If you have any questions, p enforcement staff at 617-647-8688 or toll f,�ee at 1-800-362-4367. Sincerely, Richard Roach Chief, Enforcement Section Regulatory Branch Operations Division Copies Furnished: Mr. Larry Smith City Hall Bldg. 210 Bain St. Northampton, 01060 0 City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 • Community and Economic Dsysiopment • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals Mr. John Higgins Regional Environmental Engineer Western Regional Office Department of Environmental Quality Engineering State House West 436 Dwight Street Springfield, Massachusetts 01103 Re: Emergency Certification/Myette July 13, 1987 Dear Mr. Higgins: our letter of May 29, 1987 relative to the Thank you for Y informative and very above referenced project. It was extremely enlightening. There still appears to be some confusion omisinformation r ency Certification/ as to the course of actnonJot�tEmehg Northamptonirst issued an Commission took. First, We f Enforcement Order was ever issued. Order when we became awaConditionswork or that and Emergency had Enforcement Order ofand undertaken without an uested an Emergency of ication and Mr. Myette's clear ntentregt to cooperate Emergency Certification Once Mr. Myett perfect request one• in what we thought was in p E had Certification, we issued one, compliance with the Example and Guidelines that issued an compli and you cited in your letter. distributed, quoted from these DEQE Emergency Certification a pr tection of s the public health and Guidelines) "• ..is for the p to abate safetyinclude ette's efforts to and does not Commissionofeltrk ethat MratMyeces the emeraency•" The but were concerned as to save his cottage were legitimate, er it was necessary to place additional fill where the new whether located was simply in order to abate the emergency l Y parking area he is } or whether Mr. Myette undermining of the cottage), taking advantage of a bad situation. 10 06 do not We realize that the provisions Of Sana that in extreme require the submission of plans, liven verbally. However, specifically have to be q emergency's information may Mr. John Higgins, DEQE page 2 completed before or in this case, the work had been d nontverbal instructions ever even saw the site, and atihad on had ever been given by us. Had the Commission th authoriz view the site prior to the the opportunity to inspect and roved the specific ld have a filling, I'm not sureste we chosen. We do not e feel that alternatives that Mr. MY concrete) is suitable clean or demolition material (broken up PP ssarily approved the filling stable fill, nor would w havhe site nec on the northerly P ette to With regard to the plans that we asked Mr. My we also felt that it would be unreasonable to require provide, and that's why we didn't ask elevation, grades, etc., pre -flood ette to provide us with We did, however, ask Mr. MY conditions of the for them. depicting the post filling Myette told us plans accurately plans because Mr. site. We requested Engineering he had done the filling in accordance with directions tgthat that and Mr. him by a friend who was an Engineer, � this friend could produce such P that we review pre -flood With respect to your suggestionextended "beyond what aerial photos to determine if the filling i.e. 1_5 years", we Dint in the "recent" Past, i.e. Certification. existed at some P Myette his Emergencyin the Spring of did that prior to issuing the City ,as evidenced by aerial photos taken g owners, and by Mr. statements made a abutting property end of 19s6 by the fill placed at the northerly Myette's own admission,area did exceed pre -flood conditions. the lot at the parking for -step, item -for - ,a you can see, it does appear that step -for -step, Myette's we followed the same Procedure in handling item, as you have suggested we should have. It is in this situation, complaints to Mayor Planning Director Gene Bunnell Light that we are rthampto with Mr. Dupuis portraying us as Musante and No of the affair and P criticizing our handling unreasonable. it you state in your letter that ,If new land were created, it Y udgement and negotiation regarding would be a matter of j 'tions would the be to which the lands ocreate realrndamage fas a condi the material w potential activity of removing siltation, etc. as opposed to the result of dredging, from the fill in a for damage which would result should bedeterminationto leaving the floodplain, then serious though Yet that determination is lace." we agree. the attached letter material in P As evidenced by already made that apparently not ours to make. from Mayor Musante. Mr- DuPuis has effectively By pre -judging the situation and so informing decision for us. position of having to the Mayor, he has PEaand uthenan Mayorntein shoat, we appear to have over -ride both DEQ no other choice but to agree. Mr. John Higgins, DEQE Page 3 Thus, we must assume that: the concern over the filling in of the floodplain A) and, and the loss of flood storage; B) the concern over the type of materials (unclean and unstable demolition materials) used as fill; are, C) over by the concern over the effect of atepossible silt and disturrbevalroperationring the dhe m river as a result of t the Northampton Conservation Commission has Because of this, Certification with voted to issue Mr. Myette an amended Emergencythe fill only requirement that he must stabilize ta i lite siltationtoftiteinto has the o Y prevent eros and brought in sufficient to Pear to be foolish and an exert e��in would apphim to the river. It futility to issue another Enforcement Order asktnog�ate identify what work was doouslyhe willthe ne beyond that hobviaattest nd that all of the fill was necess emergency" (as you suggested) as: 1) ary to abate the emergency, Tans or apparently we can't require him to submit egeneiflhe does, the app ustify it; other information to made that making him take it out would decision has already letting him leave it in. be- more damaging appreciate your taking the time to respond to our We app learned a lot from this We have concerns, and feel that we have attached a chronology experience. For your edification, of events relative to this project. yours, RalphvEmrick, vice -Chairman Northampton Conservation Commission x�/CHRONOLOGY OF ANTS Frid April luT- ous telephone calls O The planning office received two anonym about large amounts of fill (eSaRiverOon Riverbank complaining of the Connecticut being dumped over the bank Roadcall from the Building O Larry Smith received a telephone ith the same complaint. Tnsnector's Office wm Mary -Anne DePinto O L. Smith received a telephone call from that their office complaints, and she wanted to know and make (T)ROE Wetlands Divlcomp/Western Office) statingssi of- had- also received sure that the Northampton Conservation the situation comma and, doing something They o L. Smith called Jon Roche, Commission Chairman. Smith should take a Road and, if the situation was as bad as discussed the situation and both felt that rice down to Riverbank orcement Order. it was alleged, that he should issue �r� or David Gengler, either Ralphhis Assistant were Smith was unable to reach Inspector nor a violation and neither the Builhim (this also appeared to be available to accompany of the Zoning Ordinance). found Road and quite easily one empty dump truck; a front- s L. Smith drove down to Riverbankthe bank: and the site. He found at the site: _ (gravel) over shovel. He end loader which was pushing terj�l (Past dump truck). a man on the far side of the end a fenhhe°site with a � pa a ed the man parked his car at the far he approach After getting around the front-end ming that the man was Russell shovel. After confirming explained that what he with the elf and of the Wetlands Myette, L. Smith introduced himself violation (Mr. Mvette) was doing or an FmergencY loaned that his house was sliding into the protection Act With an Order of Conditions he was going to Permit. Mr. Mvette explained ave it. L. Smith avethat received an river anat all d that We Act or No Wetlands responded hrzna in fill to he should a Myette appears to be true, but nonetheless, A ril 6th) and Conservation Commission. Emeraencv Permit f rom the in the f ill - L • Smith tY stated that the Mayor was out the previous Monday P rmission to bring au had given him Pe the Conservation Commission had yettetorrlthe explained that only permits and that either Mr• to issue Emergency either himself or a member ofthe Mavor should have contacted suggested that Mr. MY Smith then sugg the Conservation L. attend Conservation Commission. should Mr. (he suggested the on °April 13th to discuss the matter• to meet with anybody, nor Commission Meeting going As L. Smith was Myette responded that he was not g in his -land. was he going to cease filling pushing fill around and leaving the front-end loader continued Frid April luT- ous telephone calls O The planning office received two anonym about large amounts of fill (eSaRiverOon Riverbank complaining of the Connecticut being dumped over the bank Roadcall from the Building O Larry Smith received a telephone ith the same complaint. Tnsnector's Office wm Mary -Anne DePinto O L. Smith received a telephone call from that their office complaints, and she wanted to know and make (T)ROE Wetlands Divlcomp/Western Office) statingssi of- had- also received sure that the Northampton Conservation the situation comma and, doing something They o L. Smith called Jon Roche, Commission Chairman. Smith should take a Road and, if the situation was as bad as discussed the situation and both felt that rice down to Riverbank orcement Order. it was alleged, that he should issue �r� or David Gengler, either Ralphhis Assistant were Smith was unable to reach Inspector nor a violation and neither the Builhim (this also appeared to be available to accompany of the Zoning Ordinance). found Road and quite easily one empty dump truck; a front- s L. Smith drove down to Riverbankthe bank: and the site. He found at the site: _ (gravel) over shovel. He end loader which was pushing terj�l (Past dump truck). a man on the far side of the end a fenhhe°site with a � pa a ed the man parked his car at the far he approach After getting around the front-end ming that the man was Russell shovel. After confirming explained that what he with the elf and of the Wetlands Myette, L. Smith introduced himself violation (Mr. Mvette) was doing or an FmergencY loaned that his house was sliding into the protection Act With an Order of Conditions he was going to Permit. Mr. Mvette explained ave it. L. Smith avethat received an river anat all d that We Act or No Wetlands responded hrzna in fill to he should a Myette appears to be true, but nonetheless, A ril 6th) and Conservation Commission. Emeraencv Permit f rom the in the f ill - L • Smith tY stated that the Mayor was out the previous Monday P rmission to bring au had given him Pe the Conservation Commission had yettetorrlthe explained that only permits and that either Mr• to issue Emergency either himself or a member ofthe Mavor should have contacted suggested that Mr. MY Smith then sugg the Conservation L. attend Conservation Commission. should Mr. (he suggested the on °April 13th to discuss the matter• to meet with anybody, nor Commission Meeting going As L. Smith was Myette responded that he was not g in his -land. was he going to cease filling pushing fill around and leaving the front-end loader continued contractor Gene Tact was driving up with another truckload of fill. 'pinto (DEQE) L. Smith called Mary -fie Di o Back at the office, that Myette ex lained___to he the whole situation. d She thmr.at all o and P the actions were warranted and Certified Mail. She also asked another Enforcement Notice by that she be kept informed. Mayor came into the Planning Office and o Shortly thereafter the May einttte to fill in the riverbank stated that he had authohouse ized 1(he Msaw the crack) by his powers to save his collapsing L. Smith explained that only the under a state of emergency. Permits under the and that DEQE had confirmed this. L• Conservationtec�onsiActcan issue Emergency question Wetlands Pro appear to be little qu but that one of them should Smith explained further that there m,ssion to ensure that it was that Mr. Myette had a severe problem, have contacted the Conservation Commission also pointed out that the necessary and done right. number of complaints, including one Commission had received a from DEQE. o L. Smith called Jon Roche to keep him appraised of the situation. scheduled o Later that afternoon J• Roche kept a previously meeting with the Mayor. Monday.,�APril 13th for an �. Smith to write up a request oe Mayor instructed L. Emergency Permit for Mr. Myette to sign. d Mr. Myette to get additional information to o L. Mr. Myette was rather belligerent and Smith called develop his request. 3rcrumentative . ation Commission meeting that evening: o At the Consery eting and apologized Councillor Labarge attended the me on behalf of Mayor Musante, for Commission not being to notified. and that he Mr. Myette said that immediate action h�edto be to en save his house, that more fill wasall required), with or without will do it, and would do itroval. ection for Conservation Commission app a site insp The Conservation Commission set up the next morning. 71, , u ency he House - the Commission approved an Emerg A. Under t Perm it provided: Bering plans are provided (either SCS or his I. engin own) prior 2. no more fill Conunission approval - Conservation site around Conservation fill on 3• Mr, Myette may move the existing to fill in hole at base of stump - B. North of House where the Vehicles are now Parked: 1, Commission Members f ontandabuilt took himselfa advantage of a bad situate parking lot while he was at it; (beyond 2. Mr, Myette admitted thaea,he went too far ( Y 1 what had previously exls s Mr. Myette's engineer can 3• J, Roche stated thanl s felt that the excess fill should be removed u justify that it is needed for the stability o house; • Of Mr. , Myette responded two lcl heaben submitting nany removing any fill, nor the Conservation Commission plans for anything to Wednesday April 15th Wetlands called Robert McCollum (DEQE office 0 L. Smith Office) to keep the DEQE permit -Division/Western Regional on Commission should make Mr - informed and to get some clarthatathenCommiss Emergency for fill inf vi sed form, Mr. McCollum and the M_ vette remove all of the bran unstablee fill materia) for the (as it is unclean and a ency Perms an Fin a it difficult to Commission should not issue as it will mak making stabilization of the house 'th responded that the Commission determine what he will have tmi remove relative to t e s Bete es to court. L. S area if it � permit for the house, Emergency had already voted to issue an Emergency referred that no Emergf the read it to him. Though he would have to the wording Permit be issued, he raised no ob7 nergencY Permit that the Commission was issuing �• n notification from Roland (Joe) o The Commission receiveddumped without an Order fill was being writte -Dupuis (DEQE) that uncle permit. of Conditions or an Emergency 'Thursday, April 16th Certification Permit packet was mai O The Emergencyled to Mr. Myette. woman who lives Smith received a telephone call from a O L. Myette, 1. wanted to know what across-the street from ion going to do about Mr. MY the Conservation Commission was parking area that he created •�les alo g the 2, as not there said that the p ark his vehicles and 3. said that the before and thatsouthSeside ofahis tbu pding:ite some time prior to street on had been there for crack in his building the €looding. Friday j_ :il 17th h spoke with Roland (Joe) Dupuis (DE- Wetlands o L. Smith Office) and reviewed the Emergency Division/Western Regional laps for an Emergency Mr. Dupuis stated that heeltp that the conservation Permit. engineering Commission could not requesthe brought in for his and that the Commission would not be able to make - Permlt' a rove that it was rgyette take out eCommission lwould have to prove expressed his parking area not necessary to stabilize the house. Regulation theburden if tof he belief that under the new t etprove' ee, and would a the Applicant why proof was on after 14r. p. Dupuis repeated Commission could not requirePermit. Commission ever issue an Emergency his previous comment. Gene Bell and the O At noon, Jon Roche, Roland (Joe) Dupuis,, rgayor met to discuss the matter. David B. Musante, Jr - Mayor MASSAct+uQ�' CITY HALL 210 Main Street Northampton, MA 01060 OFFICE O THE HE MAYOR 586.6950 Mr. Jonathon Roche, Chairman Committee Northampton Conservation 42 Laurel Park 01060 Northampton, A ril 21 1987 Dear Jonathon: would consider the extenuating much appreciated if youRusseette property at It would be �� In discussions with nces in regard to the efforts of oodave h emerge flood y circumstances Road during the most recent tring emergency flood conditions common 86 Riverbank explained that or other property DEQE officials, it was exp to save one's home guidelines sense decisions must be made on occasion and that most often strict interpretation of Conservation laws an are not applied after the fact. that fill be excavated from no good will come of insisting lens be required. In my opinion, ineering P perhaps illegal to or that extensive eng difficult and P conditions, this man's property it would be extremely a of the emergency to one DEQE official, permit for work at this apply the same conditions after the was applying for a require if a citizenhe has experienced this sort that you might official, Communities - location. to this same DEQE flood conditions in otoff ici°anis to location. taken during the Community`s of emergency measure being action by 1 course of prevailed and the need for emergency $e stated that the norma conditions that p against the- understand he understand the emergency grades be taken e with the problem at the time and would advise to Cop official did state that he rd against future ins homeowner- The DEQE erty as it now stands to guard of the elevation of the prop lation of fill*. actions the City onsible and feel that 0 the which has been I personally feel resp perhaps M ette's predicament relative ° I believed, P Mods the state of emergency- during these p is liable for Mr. y during the responsiblity overs placed on his property that my office could assume De artment to research my P erroneously, subsequently asked the City's Law P is no confusion in the and have to assure that there during declared states of emergency future. Z - - site with Asst. DPW Director, Peter McNulty, After personally inspecting the ediate danger of splitting apart I determined that Mr. Myette s home was in iaffi ermission in the and washing into the Connecticut1 River. gave him verbal p resence of Mr. McNulty obring in the fill that has been placed on his property. P - s In my seven plus years as Mayor, this is the first time that the City Of been faced with this kind of situationto re conservation rulesI felt a tMuchicommo state se emergency action which may run coup ter island work was accomplished after the flood he 198stttimelthatSIdhave taken action of Road section of the City but this is t an emense of ergency. K now realize that in the sactionsasssoon as this nature during our Commission of my the law I perhaps should have notified y practical but not necessarily before the fact. DEQE officials have informs it wasP at times for Civil Defense officials to take unusual but me that it is necessary declared states of necessary action under the direction of the Mayor during emergency. cons all of the above as you deliberate this matter and, I ask 90 to coconsider the plight of the homeowner and the if at all possible, to seriously have already experienced trauma, suffering and expense that he and you to the advice and experience as the result of this flood. I also as y enc conditions of DEQE officials who this desuggest that we take into account t1e mistakesyw that prevailed during ere made, declared state of emergency- ette. they were made by the Mayor of our City and not by Mr. My 1 shall be available Thank you for considering my thoughts in this matte -r. that Mr. Myette to discuss this situation at your conbenience. I do feel strongly emergency. d or held responsible for my actions during this should not be pence pre There rather than the strict inter - There are times that common sense should p pretations of the law and I believe that this is one of these times. gi cerely w Vl. J David B. Musante, Jr. Mayor City of Northampton DBM/d c.c. Northampton City Councillors Kathleen Fallon Terry Gleason Paul Hadsel Peter McNulty Gene Bunnell David B. Musante, Jr. Mayor CITY ASSACHUSETTS ON �. CITY HALL -• 210 1N�on� MA 010eet 60 Northamp OFFICE OFT950HE MAYOR 586-6 Jonathan Roche Chairman ission Conservation Comm 42 Laurel Park 01060 t1ons, MA May 5, 1987 Northamp E's Joe Dupuis if the Commission Dear Jonathan, eting with DEQE's Joe Director John again schedule a °� needed with DEQ r. Dupuis Was quite clear I shall g or if Commission feels that it is necessary you and I received from M The message that y opinion to you and the other Com Biggins. outlined that P in my opinion and I grades be taken at the members in my letter to y°u' only that g Dupuis recommendedwest bank of the Connecticut on that recommend Specifically, Mr'M ette's property I t west t feel inclined accept present levels on Mr• y reference. of future 1 that the City was a first River for the purpose M ette and feel strongly. that► different to Mr• y region and have had anything E officials in this matter cover much wider the advice of DEQ of for DEQE as they cover a , your advice to states of emergencyto Mr, Dupuis, for Nort�pton but not matters during but according in such him, more experience and may be of interest to Mr. Myette is noted .s Civil may not be legally mandated. o the City in the n one of the CO�situationsmay be avoided I look forward to naming sort of Defense Team with the hope that this future. K:a� ' cl ante, Jr. David B. Mus Mayor CC: Joseph Dupuis, DEQE John Higgins, DEQE S. RUSSELL SYLVA- Commissioner JOHN J. HIGGINS u.iGrePt .i/��G v 09903 pegionsi Environmental EngineerFi, /�36 ll F 785-5327 RECEIVED SUN ` # 1987 May 29, 1987 JUN - 1987 OFFICE OF PLANNINQ AND DEVELOPMENT Mr. Jonatffan Roche Chairman, Conservation Commission City of Northampton 210 Main Street 01060 Northampton, mA Dear Mr. Roche: rding the Myette property. I am sorry to hear about the confusionexeproblems verbally' especially As you are well aware, dealing with comp of a single word during times of emergency, is difficult. The change or phrase or the subconscious desires thoughtis asked) and the thoseof eresponse the perception of what is asked o given. of the With regard to the burden of proof being the responsibility applicant, you are entirely correct. The level of proof required during an emergency, however, is in most cases considerably Less than that required for a routine which would be req project. ear to be plans, you app With regard to a submission does f not engineeringrequire the submission heof o Plans - confused. 310 CMR of the emergency, m and Depending upon the nature and urgency uire from the applicant degree of information that the Commissionmay nutgall of the information ,,rill vary. In extreme' emergency, that the Conservation may be given verbally. The regulations require only certification Commission visit the site and include ertigme c limitation. An a description of the work to be performed and a example Emergency Certification form was copy S attached. to Conservation Commissions in the Commonwealth recently. Jonathan Roche (conn) be Plans etc. during immediate emergencies ui ed. would This is it e To require P� a streamlined process is req To require an In such an instance, Certification procedure. very purpose of the Emergencyking normally required in a Notice s Intent applicant to submit eve ryt more than the routine process with a would be, in,, effect, nothing different name- An Emergency Certification should create You ask about liabilities. applicant decides what he wil no liability for the Commission. The aPP the project. Rather, request. The Commission does not design exists and allowing the Commission is only agreeing that an emergency to follow routine applicant to abate that emergency without having procedural steps. If the measuretaken does not abate the emergency, the Commission would have no liability- ette property I would suggest that the Commission With regard to the My to abate the issue an emergency certification for the work necessary the emergency and require, by means of a separate enforcement order, abate what work was done beyond that necessary applicant to identify provisions in the regulations to have a the emergency. There are no p Certification /Enforcement Order. It would not e joint Emergency provide pre -flood reasonable to expect the applicant to be able to P to have the elevations, grades, etc. It would be reasonable however, SCS, etc. means of pre -flood aerial photos from USGS, applicant show by and what existed (which �y exist) that what he has now does n 1 5 year beyond If new land at some point in the "recent" past, i.e., regarding was created, it would be a matter of judgement and negotiation reg If what the condition would tithe °material the d shoulcreate be real damage returned. If a the activity of removing osed to the potential for result of dredging, siltation, etc. as oPP then which would result from leaving the fill in a floodplain, damage given to leaving the material in place. serious thought should be -1 11 If I hope the above has been Ze some helpcontact you have any questions' pse address. JJH/bml Encl. mem:roche in clarifying these ss Roland J. Dupuis at the above Very truly Yours, . J hn J. H gins sneer Regional Environmental Eng City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 • Community and Economic oevelopment • Conservation • Historic Preservation • planning Board • Zoning Board of Appeafa Mr. John Higgins ineer Regional Environmental Eng Western Regional Office Department of Environmental Quality Engineering State House West 436 Dwight Street Springfield, Massachusetts 01103 Re: Emergency Certifications/Wetlands Protection Act May 13, 1987 Dear Mr. Higgins: ication and quidance from your office. We are in the midst of a situation here in Northampton relative to Emergent Certificates and would like some clari t on Riverbank Road, with which The problem is with regard to the Myette pec ro Stec short: your Office is already familiar. To make a long y ave Mr. Myette permission on Monday evening, April 6th, Mayor Musante g to fill in the eroding bank of the Connecticut River which was under- mining Mr. Myette's cottage; concrete - over the course of that week three truckloadl andb dirtnwee umped and approximately fifty truckloads of graver on and over the bank; ht to the atten- - on Friday, April 10th, the riyette situation was broug servation Commission when the Planning Office received the Building Ispector's tion of the Con pon complaints from: two anonym ionalsWetlandsphotelenOffice. That afternoohandpde- office* and the DEQE Reg Lawrence Smith, my authorization, the City's Senior Planner, livered an Enforcement Order to Mr. Myette; April 13th, at the Mr. Myette, Commission's meeting on Monday evening, p at the Commission's suggestion, attended and submitted a request for and Emergency Certification. albeit after the fact; April 14th, the Commission inspected the site and - on the morning of nif'icant amount of fill to found that Mr. Myette had brought in a sig significant amount of stabilize his cottage, but also brought in a sign parking fill to expand the riverbank north of the house to create a had previously existed. area, where none Y enc site inspection the Commission vote unanimousl to issue an Emergency At .the conditions: Certification to Mr. Myette with the following Mr. John Higgins Engineer Regional Environmental Eng o The eroded bank may be re-established to its original (pre -flood) OR THE PURPOSES OF STABILIZING THE COTTAGE ONLY, grade and elevation F provided: Engineering plans (subject to Conservation 1) the Applicant submits Eng the area.:fill.ed,`'fin- Commission Approval) accurately depicting ished grades, type and volume of fill required, and manner in which the fill was deposited;rior 2) no additional fill may be brought onto the site without the p approval of the Conservation Commission; 3) some of the existing fill On the sitemaybe m located offeoftthelnortheast hole at the base of the tree stump erly corner of the p portion of the fill o This Emergency Certification applies to only that that is necessary to abate the emergehca� portion ofition (the fill the undermining nf that was the cottage). It does not apply tO p parking area on the norther- ly on site to restore and expand the p g portion of the lot. shall show (with o The Engineering Plans required to be submitted above, fill of the li supportive documentation and evidence) the ( hits derminingsofathe ncot- necessary to abate the emergency con tage). For all of the rest of the fill whcascondition site (that °emergencyApplicant on was not necessary to abate the the cottage)) theratifiedENFORCEMENT OtheRConservation hand rCommission Aat their April 10, 1987 and ra1987 and YSite Inspection on April 14, 1987 is still meeting on April 13, in effect. Plans and supportive documentation and evidence re - 0 The Engineering t of this wired under this Emergency Certification days st byourbreceip to the on - q servation Commission within thirty Certification. o All unauthorized fill shall be removed from the site, and all of the p - complied with within 30 visions of the issued Enforcement Order must be days of your receipt of this certification. eo le at yoar our issuance of this Emergency Certification, In two subsequent discuss ifollowing e've had with two differento inions with re- DEQE Regional Wetlands Office, we have received two quite different and in comeew first advicectory that we received was Mr. M ette remove all of the broken -up concrete that he had used tart to the issuance r- such Cert fill material) and that the Commission that it should make Y Certification as: a) the work had already been under - for fill (as it was unclean and an unstable fil .cult to determine what fill will should not issue an under- Emergency could make it diffi o to court. Two taken and completed, and; area should the matter g Cer- parking that the Emergency have to be removed relative to the dfferent DEQE employee, days later we were informed, Y al as: a) we couldn't mak e Mr. Myette submit engin- days that we issWedwas couldnitemake Mr. Myette remove the excess fill that hto e brought eering plans, and; b) Y lan show - construct his parking area unless We canexpectfrom Mr..Msetteniseaspry in to and; c) the most we stabilize the cottage, , the existing grades. May 13, 1987 Mr. John Higgins Engineer Regional Environmental Eng May 13, 1987 that, under we are perp roof to prove need was on the rl er lexed. It has burdensofepn our understanding needed. Clearly, Regulations, the the new DEQE Wetlands Reg rove that it wash the Appli- ex expect engin plans from Applicant, not on the Conservation Commission to p if the Conservation Commission can't p ineering P res onsible and Also, Project, why would the Conservation Commission ever issue an Wouldn't the Commission, in fact, e cant for an Emergency enc Certification•- ro ect as the issuance °fans, an Emergency ineering p In without the submission of eng ublic. liable for the success oreSaeciallyf an emergency at least in the eyes of the p Emergency Certification, P its design, rove be tantamount to approving would if no engineering plans would latter advice, any Commissioner would be extremely hesitant to light of the especially on his%her own, the project and any Emergency Certificate, P e forthcoming• est that said Commissioner would be b Wouldn't the Comm�swouldrsuggfact be designing Of Intent where de - mitigating measures on the sP°t' owner file a Notice and safer, to require that property uire. wiser, laps could be req tailed engineering p on the conflicting to do anything, and based up roceed from As of now, Mr. Myette is refusing our Office we are unsure of how and where o advice that we have received from DEQEourse ro ect, from y would appreciate a definitiverecommended submitrelative to an emergSncy onse in a here. We w reciate your r P as to: a) what can we expect an Mr. applicant We would app this situation and; b) how do we proceed with Mr. Y ette, are anxious to bring timely manner as we all, including Mr. My to a conclusion. lease don't questions or require additional information p Should you have any Q reciated. hesitate to contact Senior Planner .Lawrence Smith is greatly rapp and telephone nu - ber on the letterhead. Your anticipated responseRespectfully, _ ..,,,4 c� nathan Roche, Chairman onservation Commission Northampton C d Dupuis. DEQE Regional Office Roland DEQE Regional Office Robert McCollum, Ray Marino, DEQE State Office Carl Dierker, DEQE State Office MACC Y April 13, 1987 Northampton Conservation Commission City Hall 210 Main Street Northampton, Massachusetts 01060 Re: Request for Emergency Project Dear Commission Members: I heroby request permission, after the fact, to undertake an EMERGENCY PROJECT, e provisions of Section 10.06 of the DEQE Wetland Protection in accordance%with th Act Regulations to replace and stabilihehomedatga 86Riverbank Road. Thetfollowing of m which is resulting in the undermining Y if the sequence of events: o the first two weeks of April, due to excessive rainfall, the Connecticut flooding caused a large section of riverbank along and under my house to wash away, o most of the damage occurred on Monday, April 6th when the river rose or a second time, o on that evening of Monday, April 6th, Mayor Musante instructed the DPW to bring in mit6rials to fill in the eroded bank .DPOverou e coursedeposited o that evening and the next (Tuesday) morning, thetwo truckloads of gravel and dumped over it three truckloads of broken -up concrete. ek I contracted to have o over the course of the rest of the we additional truckloads of stone Tand gravel ting bring in and deposite nume and that material brought in by the DPW did not fill in the hole. & Develo ment o on Friday afternoon, Mr. Smith of the Office of Planning P hated° -delivered to me an Enforcement Order uavermehpermission toe Wetlands ofill lthe Act. I told Mr. Smith that Mayor Musante g riverbank, and he informed me that the Conserv�olon tso�IscalledaMayorpon- sible for issuing Emergency Permits for such P ecenc Permit. Musante and he advised that I request such an Emergency t thedriit verWas necessary to do the work as Though the work is substantially compl my house was cracking and shifting towards Yours, Russell J. Myette 86 Riverbank Road Nor 9 ampton, MA City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 • Community and Economic Development • Conservation • Historic Preservation . planning Board • Zoning Board of Appeais Russell J. Myette 86 Riverbank Road Northampton, Massachusetts 01060 Re: Emergency Certification/ Repair of Flood Damage Dear Mr. Myette: April 15, 1987 Enclosed please find: o your Emergency Certification issued by the Conservation Commission, I Quality Engineering Guidelines for o the Department of Environmenta issuing Emergency Certifications, Project Certification o a copy of your Request For Emergency Pro J o a copy of the issued Enforcement Order, o a copy of the phone numbers of the members of the Northampton Conservation Commission. As you can see by the DEQE Guidelines, the Conservation Commission can only y issue Emergency Certdi- ifications for "work necessary tublicthealthe the eorrsafety"., gency conbut 1 "protection of the p tion" where the work is for the p does not include work "beyond that necessary to abate the emergencyt as the condi ion The Conservation Commission has identified Ct a eme emergency with with con - undermining of your cottage, and the Emergency by this Spring's ditions, only that fill necessary to restore the bank Certificationwashed tdoes-not include de flooding to stabilize the cottage. The Emergency you brought on site to restore and expand your parking area on the fill that y our lot. The previously issued Enforcement Order requires northerly portion of y uestions or require clarification that you remove this fill. Should you have any q please contact me at the above address and telephone number, or any of the Conser- vation Commission Members. greatly appreci ted. Your anticipated cooperation with regard to this matter is g y Yours, Lar wrence B. Smith, Senior Planner COMMONWEALTH OF MASSACHUSETTS G.L. 131, §40, 310 CMR 10.00 WETLANDS PROTECTION ACT EMERGENCYLCERTIFICATION FROM: Nora ton Conservation Commission TO: Russell J. M ette (Name of Applicant) 86 Riverbank Rd., Northampton (address) same (Name of Property Owner) same (address) DATE • April 14, 1987 f_Sheet 25/BD Northampton Assessor's Maps) LOCATION: Riverbank Road (Parcel 78 o FIN. S . 1) rtifies The Northampton Conserv-----the work described below yisenecessary pursuant to 310 CMR 10.Ob that t for the protection of the health and erformed bysafety of eneorderedntoobethe Commonwealth and will be pthe performed by an agency of the Commonwealth or a subdivision thereo f. formed on Apri1987 2) A site inspection was perl 14, erforming the emergency work is the 3) The agency ordering or p of agency) . Not the commission (name r controlled by them.) unless work is on land owned o 4) Describe below, the work which is allowed ttopabate dder the this certification. No work certified. eyond that necessary emergency may be so e and ThII Ie eroded bank ma be re-established to its ori inrovided:fl)othe Aadlicantesubmits n HE PURPOSES OF STABILIZING THE COTTAGE 0 FOR neerin Plans sub'ect to Conservation Comm esofnfAllrreauired; andemannerlinlwhich En i e and volume e area filled finished rades t he fill was de osited• 2) no additionalil m3) somerof the exostin the sfillite won the site rior a royal of the Conservation Comm 7 -located ma be moved to fill in the hole at the base oCertificationu(continued onfnextthe a eort - easterl corner of the orch. This Emer en within 30 days of your • otice 5) The above described work shall be completedcby s all not (date). .(Work performed under on Emergency exceed 30 days from the date of certification unless the Commissioner of DEQE so approves.) Issued by Signature Apt.il 14, 1987 EMERGENCY CERTIFICATION Wetlands Protection Act and Regulations, 10.00 G.L. Chapter 131, Section 40, 310 CMR Russell J. Myette #4 (continued) gency applies to only that portion of the fill that is necessary apply a totthateportion of PP g It does not app y condition (the undermining of the cottage)•. nd the parking area on the the fill that was brought on site to restore anPlansarequired to be submitted above, portion of the lot. The Engineering northerly p of the cottage). all show (with supportive documentationditdonv(thecunderminingts of the restoration shall con fill necessary to abate the illemergency of the cottage)) the ENFORCE - For all of the rest of the fill which was brought on site.(that which gas no ne cessary to abate the emergency condition (the undermining cant on April 10, 1987 and ratified by the Con - MENT ORDER hand delivered to the APPliApril 13, 1987 and Site Inspection on April The Engineer Plans and supportive documentation and servation commission at their meeting on 14, 1987 is still in effect. evidence required under this Emergency Certification receipt ofbthiseCertificatd to the ion.h evi rovisions of the servation Commission within thirty (d from the site, y y and all of the p All unauthorized lOrderlmust bel be compliedwith within 30 days of your receipt of this issued Enforcement Certification. -2- The Wetlands Protection Act, G.L. c. 131, §40 and the Wetlands 310 CMR 10.00 (at 10.06), provide that an Emergency Regulations, ro ects without having Certification may issue to permit emergency.projects ranted an previously filed a Notice of Intent. A project may be g Emergency Certification if the following requirements are met: 1) The person requesting the certification must specify, orally or in writing: a) why the project is necessary to protect the public health or safety; and alth b) the agency or subdivision srnhds orderecithe mtheework tolbe will perform the done: and c) describe the extent of the prposed work necessary to abate the emergency condition. 2) The conservation ca=mreceiving thession or acertificationissue request Emergency Certification aft and: a) conducting a site inspection; and b) verifying that the proposed work is for the protection of the public health safety abatedoes the emergency�e work beyond that necessary The attached form may be used for this purpose. 3) When an Emergency Certification issues, it must be in writing and should contain: a) a description of the permitted work determined necessary to abate the emergency: and b) a time limitation for performance of the work, not to exceed 30 days. 4) An Emergency Certification iussued by a commission shall be it signed by a majority of the commission. In a sbatsignedgbyrang immediate action, an Emergency Certification mayion is sing le member or agent of the members next scheduledif said tmeeting a majority of the membberrs ratified by of the commission. Certification, when issued by a conservation 5) An Emergency be sent to the Department, and when commission, shall immediately t shall immediately be sent the co issued by the Departmenmmission. 09 April 13, 1987 Northampton Conservation Commission City Hall 210 Main Street Northampton, Massachusetts 01060 Re: Request for Emergency Project Dear Commission Members: I hereby request permission, after the fact, to undertake an EMERGENCY PROJECT, accordance with the provisions of Sectihe e0rodingfthe bank of4theetland ConnecticutcRiver in lace and stabilize t Act Regulations to rep of m home at 86 Riverbank Road. The following which is resulting in the undermining y if the sequence of events: the Connecticut o the first two weeks of April, due to excessive rainandlunder my house to flooding caused a large section of riverbank along wash away, o most of the damage occurred on Monday, April 6th when the river rose or a second time, April 6th, Mayor Musante instructed the DPW o on that evening of Monday, p of to bring in materials to fill in the eroded bank. DPW broughtconraedeposited that evening and the next (Tuesday) morning, thetwo truckloads of gravel and dumped over it three truckloads of broken -up concrete. ravel o over the course of the rest of the truckloads of stoneTacy and Excavating bring in and depos brought numerous and that material brought in by the DPW did not fill in the hole. Office of Planning & Development 0 on Friday afternoon, Mr. Smith of the hand delivered to me an Ent MayoornMOrder rh uante gave me toofilllthe Act. I told Mr. Smith that May riverbank, and he informed me that the CouproCommission jects. Icalled apon Mayor sible for issuing Emergency Permits for such ch p Musante and he advised that I request such anEmergency to do the work as Though the work is substantially completed, it was necessary my house was cracking and shifting towards the river.. Yours, Russell J. Myette 86 Riverbank Road Nor ampton, MA Form 9' DEQE Fps No. 246— (To be Voided by DEQE) City/Town Northampton AppliGAInt Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 Authority From To Date of Issuance _ 116 Property lot/parcel number, address Extent and type of activity: IF I 1, ^� 1% t q` The Northam ton � Conservation Commission has 0 and the Regulations promulgated ee ttlie activity described ulations pur- above is in violation of the wetlands Protection Act. G.L. c. 131. § suant thereto 31 OICMR 10.00, because: �d Said activity has been/is being conducted without a valid OrOd r of Conditions. der of Conditions issued to p Said activity has been/is being conducted in violation a File number , Condition number(s) 0 Other (specify) hereby orders the following: Thecease and desist from further 18 The property owner, his agents, peif this property and all niers shall immediately activity affecting the wetland portion o 11 Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 the Act and Regulations shall be filed with the �- Completed application forms and p� as required by 4&1a (date►, on or beforej�der available at: Northamoron of further work shall be performed until a public hearing has been held and of Conditions and no plication forms ar has been issued to regulate said work. Hall , 210 Main Street, Northampton, MA Planning & Development, City revent further violations of the act. ( The property owner shad take every reasonable step to p ❑ Other (specify) Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap- ter 131, Section 40 provides: Whoever violates any provision of this section shad be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense- �k 9-P. - Questions regarding this Enforcement Order should be directed to: ��a�r� � (off y`U inn Commi Issued by Signatures) y Ca' (Signature of delivery person or certified mad number) CITY OF NORTHAMPTON MASSACHUSETTS . CITY HALL 210 Main Street Northampton, MA 01060 OFFICE OF THE MAYOR 586.6950 April 27, 1987 David B. Musante, Jr. Mayor Mr. John Higgins Regional Environmental Engineer DEQE 436 Dwight Street 01103 Springfield, Ma - Dear John: and Bob McCollum to discuss It was a pleasure meeting with you t• of public works projects. which have become compli- Northampton's Dep importance to our area. Gated with conservation issues of tt St. Both the raising of Route 5 and attention esolveto e BTheefollow ng brook problem are important issues for the Y delineates a course of action outlined in our meeting with Jonathan Roche, Paul Hadsel and Peter McNulty. nsatory Route 5 A. -The City's DPW will determine the amount of compe storage available in the preferred immediate anensatory d Package Machinery, etc.) and the amount of compe storage available intheallowable much larger area as described by Bo lum- DPW will determine the amount of fill necessary B. -The City's to raise Route 5 to a level sufficient to assure safety to residents of the Island Road vicinity emergencies. C. - A meeting will be scheduled locally between DPW, Conser- vation and DEQE officials State DPW offiiscuss the c�alsrrelativerto a to sceduling a meeting w plan for raising the height of the road. D. - Paul Hadsel will notify the Mayor as soon as the above information is gathered and the Mayor will schedule the next meeting. i - 2 - Barrett St. Brook t. A. _ The DPW will withdraw its original Pew will address the B. - The DPW will submit a new proposal which problem,, the dredging of the area south of the Bridge culvert p ponding area to be excavated north of the Bridge and a proposed pocan dredged periodically by for accumulation crews flfrom the roadway. DPW mai C. _ Results of the above action take be if ceded for based several months and further planning will anon the results of above phase of work. be scheduled by Paul Hadsel to include AttY. will D. _ A meeting Mr. Graves), Terry Gleason, Kathleen Ben Barnes (representing and Dave Musante to discuss Fallon, Paul Hadsel, Peter McNulty the above- rtant John, again thank You for meeting with usri n ethese certamy points up matters to the City of Northampton- This expe front on issues the need for DEQE prsonnel to assist local Governments u of this nature. Sincerely, P: David B. Musante, Jr. Mayor DBM/d City of Northampton c.c. Members of conservation public Works Members of Dep Paul Hadsel Peter McNulty Gene Bunnell Larry Smith USTI ORTHA CITY OF N MPTON ti MASSACHUSETTS rid 'pONNELL ELISION OF THE ZONING i r. JAMES C. O D . CITY SOLICITOR BOARD OF APPEALS THOMAS P. NAGLE, JR- ASSISTANT ASSISTANT CIT' SOLICITOR the the Zoning Betition of Russellof A:ppeals rMyette for On August 17, 1977, errant the heti eided a r_onconforming lot. of Northampton decided o 0 the a variance to purchase ere are special Cir cumstancetiti nerto ns one party, and secondly the p The Board finds that there strip of land is owned by the structure but not the land. to the Board, the Board made the Based LIP on evidence presented following findings to circumstances relating owing special hardship of such land or structures, 1. Them exists a shape or topography The tract ofwhich to the soil conditions, the zoning district. generally strip without much dept but not affecting g ,arts is a long ° be divided into three petitioner couldhaveidnnotelease ethe is t piece of the t'he tract was not divide afford a P f the ldirl structure if the owner °Thehpetitionrcan sonly la petitioner. land to the petitioner. owner wants to retain the other lots or land, and the current purposes@ be granted without further nstructuresmei: relief may no further 2. The desirable land was subdivided, Code and flood public good. If the conformance with the Zoning density to the P the public interest in controling could be constructeTherefore,n plain regulation. affected. or would not be adversely before, ,,lief may be granted without nullifying ,,lief e 3• The desirable r from the intent of zoning* derogating density and this will not be affected-round C5Ub5tantiallyulate summer home and not a Y int ent furtherto rthe structure is a control such year-round residenceE adversely, and the zoning was meant to residence, occasional use dwellings•' and not temporary B. Ger ais. Acting Chairnnan /✓-- '7 omas Brus . .Raymo d Capers . CHRONOLOGY_�F Frida�� A ri1-11 —th two anonymous telephone calls anonym office received estimated 50 truckloads o The Planning a amounts of fill (estimated on Riverbank complaining about large of the Connecticut being dumped over the bank Road. hone Larry me com faint. call from the Building o Smith received a telephone Tnspector's Office with the saMarY-Anne DePinto hone call from a telephone stating that their office o' L. Smith received wanted to know and make m faints, and she was aware of ME- Wetlands Divicoop/Western office Commission had also received Conservation sure that the Northampton and doing something about the situation. They Jon Roche, Commission Chairman• Smith called Smith should take a O L. situation was as bad as Road and , i f the L discussed the situatinn and both felt that Enforcement Order. ride down to Riverbank he should issue an or David Gengler, alleged, Ralph Emrick were �t was nor his Assistant Smith was unable to reach q inspector to be a violation and neither the Building to accompany him (this also appeared available ordinance)• found of the Zoning Road and quite easily to Riverbank t dump truck; a front- L. Smith drove down one eMP Y and � ravel) over the bank; He the site. He found at the site: (g shovel. end .loader which was Pushing truck). a the front-end sate with past dump the man a man on the far t side far end of he approached parked his car at confirming that the man was Rus he After aettina around the ronconfi loader►eX gained that s With the shovel. himself and explained the Wetland Myette, L. Smith introduced was in violation f an Emergency (Mr. Mvette) was doing of Conditions into the Protection Act without an Order was going to vette explained that etlhouandsSeActs heading that all permit. 1`'Ir. • M responded that to save it. L. Smith resp have received an river and thal� Wetlands Act or NO he should r. Myette brina in f� but nonetheless, M appears to be true, Conservation Commiday(April 6th) and Emeraencv Permit from the previous MondaYfill. L. Smith the Mayor was Outttohebring in the stat'Pd that him permission given r Mr. Myette or the had 9 e Conservation COCommissh n had the authority explained that on1Y thcons Permits and that eft or a member of th tc, issue Emergencyeither himself Myette Mavor should have contacted suggested that Mr. L. Smith then sugg the Conservation �onervation Commission. should attend Mr. .on suggested the Mayor) 13th to discuss the anybody, nor (heMeeting on April Ding to meet with Smith was Commission As L- Myette responded that he was in his land. fill around and he going to cease continued pushing was front-end loader leaving the contractor Gene Tacy was driving up with another truckload of fill. Anne DiPinto (DEQE) L. Smith called Mary - She felt that all Of o Back at the office, the whole situation. sending Mr. myette and explained to her and suggested the actions were arrante by Certified Mail. She also asked another Enforcement nformed. that she be keptOffice and thereafter the MaYor came into the Planning O Shortly authorized Mr. MYette to fill in the riverbankpowers stated that he had house (he saw the crack) by his p to save his collap L. Smith explained that only the under a state of emergency. er ency Permits under the and that DEQE had confirmed this. Conservation Commission issue � question Wetlands Protection eared to be little q Smith explained further that there "but that one of them should it was that Mr. Myette had a severe problem"pointed out that the acted the Conservation Commission also opensure that n one have cont L. S including necessary and done right. number of complaints, C had received a from DEQE.him appraised of the A L. Smith called Jon Roche to keep situation. previously scheduled o Later that afternoon, J. Roche kept a meeting with the Mayor. MondaX. ?--.April �A ril 13th `— write up a request for an Mayor instructed L. Smith to O The MaY ette to sign. Rmergency Permit for Mr. MYto ed Mr. MYette to get adslrather belligerent al information and o L. Smith call Mr. MYette wa develoP his request. argumentative. that evening: O At the Conservation Commission meeting In and apologized councillor Labarge attended the meeting Commission not being on behalf of Mayor Musante, for Co 0 notified. and that he _ NI ette said that inunedialewastrequiredto be taken Mr' y that more fill with or without save his house, again, will do it, and would do itrovalection for conservation Commission app a site insp The Conservation Commission set up the next morning. Tuesday, April 14th MY ette o The conservation Commission inspected the site with Mr. and determined that: A. Under the House - the Commission approved an Emergency Permit provided: engineering plans are provided (either SCS or his 1• engi Prior own) ht on site without 2. no more fill be brought approval- Conservation Comm Mr, Myette may Vesthe exsting fill on site around 3• to fill in hole at base of stump- th of House where the Vehicles are now Parked: B. Nor Myette took 1• Commission Members felt that Mr. vantage of a bad situation and built himself a and ad parking lot while he was at i Mr. Myette admitted that he went too far (beyond 1 2' reviously existed; what had P sneer can i 3• J. Roche stated than:essfMrt Myette's engineer of the should be removed u justify that it is needed for the stability house;onded that he had no intention of 4• Mr, Myette resp nor would he be submitting any removing any fill, plans for anything to the Conservation Commission. Wednesday April 15th Wetlands �— Robert McCollum (e DEQE office I,• Smith called to keep the Permit o Regional Office) on the Emergency nivision/Western et some clarification informed and to filum e that was used for fill cC advised that thetCommission should make the form• Mr. 1`'I material) and unstable fill Permit for the Myette remove all of the broaken conc emergency (as it is unclean and. an Commission should house as it will make itodthelparking stabilization of the Ile will have to remove relative and determine what L• Smith responded that the Commission area if it goes to court. Permit for the house►encY to referred that no Emergency the had alreadv votedThoughshe would ehavec ons to the wording read it to him• ecti permit be issued, thatrtheeCommission was issuing. F,mergencY Perms dumped without an Order ' n received written notification from Roland oe ° The Commission T)upuis (DEOE) that unclean fill was being of Conditions or an Emergency Permit. Thursday, April 16th The Emergency Certification Permit 0 Myette. L. Smith received a telephone Who: ° street from Mr. Myette, across the going to the Conservation Commission was g packet was mailed to Mr. from a woman who lives 1• wanted to know what and do about Mr. Myette; area that he created was not there the parking ark his vehicles along the 2, said that to have to P and 3. said that the before and that he useside of his building;asome time prior to street on the south crack in his building had been there for quite the flooding. FrdaADril 17th Dupuis (DEQE Wetlands spoke with Roland (Joe) Emergency o L. Smith Tonal Office) and reviewed the Division/Western Reg he felt that the conserva permit. Mr. Dupuis stated that fans for an Emergency est engineering n t be able to make Mr. Commission could not re ommission would brought in for his permit, and that theexcess fill that he have to prove that it was Mvette take out the commission would L. Smith expressed his parkin area as the the house. to stabilize Wetlands' Regulation the burden of not necessary under the new and that if the belief that Applicant to prove need, fans, why would a proof was on the APP after -the -fact plans, repeated Commission could not requier ency permit. Mr. �0mmission ever issue an Em 9 his previous comment. Roche, Roland (Joe) Dupuis, Gene Bunnell and the A At noon, Jon Roc Mayor met to discuss the matter. �O_U� chard M. Evans Attorney at Law 56 Main Street Northampton Massachusetts 01060 June 7, 2004 Mr. Anthony Patillo Building Commissioner City of Northampton 212 Main Street Northam Massachusetts Re: Russell Myette, 86 Riverbank Road Dear Russell Myette has asked me to respond to your letter of June 3. 4 8 2004 EFT C'"j; 01:_0 Russ tells me that he had the electrical work done by a licensed electrician, one Jenks, around 1985-90, and that the work was done pursuant to a permit. Would you please check your files again for any record of that permit? Thanks. Ve truly yours, Rich rd M. Evans RME: ed c: Russ Myette Telephone 413-586-1348 Fax 413-585-9234 E-mail richardevans@justice.com