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25A-182 (17) 4„g11A1Np�, O GrXt� of Xort4Mluvton u F ��SSA��iTg l;ts p J DEPARTMENT OF BUILDING INSPECTIONS ! a INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 To: Tom Nicoletti , Planning Assistant From: Edward J. Tewhill , Building Department Consultant Subject: Robert Foote's latest storage building Date: May 24, 1988 Reference your memorandum dated May 19, 1988 regarding the issuance of Building Permit # 336 dated June 3, 1987, to Mr. Robert Foote for a 4800 sq. ft. free standing storage facility; City Tax Map 25A Lot 182 in the northampton Industrial park. I will try to the best of my ability to retrace what occured prior to the issuing of the questioned building permit. Whether or not I advised Mr. Foote that he did not need approval from the Redevelopment Authority is questioned in my mind. We have standard practice of contacting the Redevelopment Authority before issuing a building permit in the Industrial Park. I feel quite certain that this practice was enforced before issuing Building Permit # 336 dated 6/3/87. In reference to contacting the Conservation Commission, we thought it was not necessary as the City Zoning Map indicates that there is no wetlands in that area. EJT/pk OFFICE of PLANNING and DEVELOPMENT CITY of NORTHAMPTON MEMORANDUM 4 Ed Tewhill MAY 9 TO: I� planning Assistant VEIT.OFBUILDjNGINSPECTIONS FROM: Tom Nicoletti, 1IRTHAWTON,M4 01060 SUBJECT: Approval for Robert Foote' s latest storage buil in DATE: May 19, 1988 FILE: is dealing with a As you know, the Northampton Conservation commission fourt constructed at his h storage building, Bob Foote' s during the summer of 1987- problem concerning at 94 Industrial Drive violated an existing Order Spaces for Rent facility ssion contends that Mr. Foote knowingly well as an agreed-upon non-encroachment of Conditions as area when he built The Commi this latest structure. attorney? Ed Ryanr at the site As I,m sure you know, the The Commission met with Mr• thet situation. that Mr. Foote remove May 18, to discuss to be last evening, Enforcement Order requesting This is Commission has issued an that the site to its original condition• ttorney the building and restore request of Mr. Foote and his a are interested in pursuing alternatives to the done by June 14. It was at the req we met last evening; they Enforcement Order and an amicable solution to the situation. neglected I pointed out to Mr. Foote that he had yesterday, Redevelopment Authority In our discussion y agencies building. It is the contention of in addition to re confer with either the Conservation Commission or the contention regarding his Plans for a fourth rovals from t spoke with supposed to obtain app he was supp Mr. Foote said that when he that Mr. Foote knew In response , that he didn' t need to a permit from your office. ermit, you told him you about obtaining a building P d the Redevelopment Authority. seek approval from the Conservation Commission an legal action against ultimately bring this situation, the background to Since the Conservation Commission may description of what occurred Mr. Foote , in the interest of establishing erf.wh could you please provide our office with a written adbuild ng p co Y with him when he came seeking during your meeting Thanks very much--we appreciate your help. cc: Larry Smith, Senior Planner Marcia Berkley, Economic Development Coordinator The Conservation Commission has now discovered that Mr. Foote has: built a new 4,800 sq.ft. storage building in the area beyond the non-encroachment line; regraded the site; and altered the intermittent stream and wetland along the westerly side of his property along the railroad bed, without prior approval from the Conservation Commission. At our meeting on March 14, 1988, the Commission voted to issue the enclosed Enforcement Order, which requires that the aforementioned building be removed and that the site be restored to its original condition (vegetation and grade) . This would include restoring the intermittent stream, which was improperly channelized and lined with rock. As a further step, the Commission has requested the City Building Inspector to deny any request by Mr. Foote for an Occupancy Permit for this building. Our Commission also voted to request an administrative penalty against Mr. Foote because we consider his violation of the state wetlands law to have been knowing and willful. Thank you very much for your attention to this matter. If you have any questions, please call Larry Smith at the above number, X263 , or Tom Nicoletti, X289. Yours truly, r , Ralph Emrick, Vice-Chairman Conservation Commission Enclosure cc: Northampton Building Inspector RE/j ad I9 DEPT,OF BUILDING IMKCWN�'.. tzor pT014,MIA,010Ui City of Northampton, Massachusetts Office of Planning and Development �* City Hail • 210 Main Street Northampton, MA 01060 •(413) 586.6950 •Community and Economic Development • Conservation• Historic Preservation `s s • Planning Board*Zoning Board of Appeals March 29, 198 Robert McCallum t0� Department or Envirorur:ental Quality -�.,..... r Engineering D T,, State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 Dear Mr. McCollum: With this letter, the Northampton Conservation Commission wishes to register a complaint against Robert T. Foote, Jr. , owner of Spaces for Rent, and to request that DEQE levy an administrative penalty against him for erecting a storage building without the necessary wetlands permit. Last year, Mr. Foote erected a 4,800 sq.ft. self-storage building on his property at 94 Industrial Drive, Northampton. This building is the fourth in a series of storage buildings he has built on the site. Following a site inspection on March 12 , 1988 , the Northampton Conservation Commission determined that Mr. Foote built this structure without a wetlands permit and is, in addition, in violation of an existing Order of Conditions issued to him on August 15 , 1984 (file number 246-119; reference plan CDA-196, dated December 3 , 1983 ) . This permit specifically stated that: (special condition #8) "No further site alterations, except those authorized under this Order of Conditions, shall be permitted on Lot #10 below the 139-ft. contour elevation (as shown on the above referenced plan) without the filing of a Notice of Intent or a Request for a Determination of Applicability, and the receipt of an Order of Conditions or a negative Determination of Applicability. " On September 26, 2985 , the Conservation Commission met with Mr. Foote on site and approved the location of a proposed 3,840 sq.ft. storage building, provided it was moved to within a line of non-encroachment (a line 75 ft. from and parallel to the westerly wail of the existing 10,000 sq. ft. manufacturing warehouse, and from the northerly corner of that building to 15 ft. beyond its southerly corner) . This was agreed on with Mr. Foote, and the 3 ,840 sq.ft. building was relocated there. r C Completed application forms and plans as required by the Act and Regulations shall be filed with the on or before (date), and 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. Application forms are available at: )Fx The property owner shall take every reasonable step to prevent further violations of the act. X3 Other(specify) Restoration of the site to its original condition (to include vegetation and grade) will be completed within three months of March 14, 1988 (in other words, by June 14, 1988). 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 shall 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. Questions regarding this Enforcement Order should be directed to: Larry Smith, Northampton Office of Planning & Development, 586-6950 x263; or Tom Nicoletti, x289 Issued by No hamnt-on Conservation Commission Signature(s) v 2/ (Signature of delivery person or certified mail number) I=_ WIR r `� S 3 ( I�CIcTfln'.°(�'� riP� GtL�t[s 7 9-2 Form 9 � ne rvo..F246- To be provided by DEGE1 11�wnNorthamoton - Commonwealth : = of Massachusetts i p' Id ti Robert t ' _ T, Foote, DEPT.OF BUILDING INSPECTIONS NORTHAllIPTOR MA.010 d; Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Northampton Conservation Commission Issuing Authority To Robert T. Foote, Jr. , Spaces for Rent, 94 Industrial Drive, Northampton, MA 01060 Date of Issuance March 14, 1988 Property lot/parcel number, address 94 Industrial Drive (parcels 182 and 187 of sheet 25A of the Northampton Assessor's Maps) Extent and type of activity: Erection of a 4,800 sq. ft, storage building, channeiization of an adjacent intermittent drainage ditch; both activities are unauthorized. The Northampton Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act,G.L.c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00, because: FUN Said activity has beenlis being conducted without a valid Order of Conditions. Rk Said activity has been/is being conducted in violation of an Order of Conditions issued to Robert T. Poote , Jr. ,dated August 16, 1984 File number246-1i9 ,Condition number(s)6 7, 8 ❑ Other(specify) The Northampton Conservation Commission hereby orders the following: ®X The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 Effective 11/1/87 +�'� c" 4 ,�. �, CITY of NORTHAMPTON OFFICE of P .. ENT MEMORANDUM PM TO: William Nimohay, Building Inspector FROM: Tom Nicoletti, secretary for the Northampton Conservation Commission SUBJECT: Occupany permit for Robert Foote's new storage building DATE: March 29, 1988 FILE: The Northampton Conservation Commission, at its March 14, 1988 meeting, initiated action against Robert T. Foote , Jr. as a result of the construction of his latest storage building at 94 Industrial Drive. l wanted to inform you of these actions, and to relay the Commission' s request that Mr. Foote be denied an occupancy permit for the 4,800 sq. ft. building. In brief, the Commission has determined that Mr. Foote built this structure in an area that was previously agreed would remain unaltered, according to an Order of Conditions from August 1984. Thus , the Commission has issued an Enforcement Order against Mr. Foote , requesting him to remove the buiiding and restore the site to its former condition. We are also requesting that DEQE levy an administrative penalty against him for violating the existing Order of Conditions, as well as for building the structure without a proper wetlands permit. (I dm attaching the letter to DEQE, which gives more detail. ) The Commission, in an additional step, also requests that Mr. Foote be denied an occupancy permit for this structure. The Commission is taking this strong action because it considers his actions to be a knowing and willful violation of the state wetlands law. Thanks for your assistance in this matter. Please call me at x289 or Larry Smith at x263 if you have any questions.