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DEPARTMENT OF BUILDING INSPECTIONS
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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
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4 ,�.
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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.