12C-073 (3) r
M1 �
Q Completed application forms and plans as required by the Act and Regulations shall be filed with the r.
NnrthampQn Conservation Cnmmi ssi nn on or beforeDe c ember 20. 19 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: Northam ton Office of
Planning & Development, City Hall, 210 Main Street, Nothampton, MA
0 The property owner shall take.every reasonable step to prevent further violations of the act.
U 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 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: LawrPnrP B- Smith Senior Planner
City Hall, 210 Main Street
Issued by Northampton Conservation Commission Northampton, MA 01060
(413)- 586-6950 X2
Signature(s) _.. �� t�/r r�� ✓�
P 620 675 666
(Signature of delivery person
or certified mail number)
tl'�R1Flh'�P`t0�,NIA.OIU:t
9-2
s ,
4
Form 9'
DEQE Fae trio. t 246-
-�- (To be provided by DEGE)
Commonweal ' 1 city/Town Northampton
of Massachusetts -
t� Applicant
[� 1� W5
1 !t
L IN F IiNt3
er
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Northampton Conservation Commissinn Issuing Authority
TO Agnes Smith, P.O. Box 62, Northampton MA 01060
Date of Issuance December "S. 198
Property lot/parcel number,address westerly side of North Farms Road (Parcel 73 of 4heet
12C of the Northampton Zoning Map)
Extent and type of activity: Filling and altering land within 100 feet of Broad Brook,
its floodplain and bordering vegetated wetland.
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 31 0ICMR 10.00,because:
❑ Said activity has been/is being conducted without a valid Order of Conditions.
❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number ,Condition number(s)_
❑ Other(specify)
The Nor th amn ton CnnsPryation Cnmmissinn hereby orders the following:
Ca 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
2. I have enclosed copies of the Application Form and General Instructions.
If you have any questions or require additional information or assistance,
please contact me at the Northampton Planning Office. I would like to make you
aware that wetland violations may be subject to a fine of $1,000 per day for each
day that the violation continues.
I would also like to point out that there are numerous Zoning Ordinance provi-
sions governing the placement of fill on property within Northampton, and specifi-
cally floodplains and wetland areas, that also must be complied with. I would
suggest that you contact the Northampton Building Inspector to ensure that you
comply with these laws.
Your anticipated cooperation with regard to this matter is greatly appreciated.
Yours, /
Lawrence B. Smith, Senior Planner
on Behalf of the Northampton
Conservation Commission
�� DF C �
City of Northampton, Massachusetts : :. a
Office of Planning and Development
City Hall • 210 Main Street K:r
Northampton, MA 01060 • (413)586-6950
•Community and Economic Development \ `
• Conservation . Historic Preservation
• Planning Board•Zoning Board of Appeals
.,.'�... uus,
December 6, 1985
k.
Ms. Agnes Smith
f
P. 0. Box 62
Northampton, MA 01060 . ...
Dear Ms. Smith: C r 73
In 1965 the State adopted the We ands Protection to protect the State's
wetland resources which help prevent pol u damage to homes and property
caused by flooding, and protect fisheries resources and water supplies. The Act
requires that a permit be received before work which would "remove, fill, dredge or
alter" an area protected under the Act (brooks, streams, ponds, lakes, floodplains,
marshes, swamps and all land within 100 feet of these areas) may commence. Since 1972
these Wetland Permits have been issued by the local Conservation Commissions.
In responding to a complaint, Conservation Commission Member Richard Carnes and
I found that an amount of__fil]_hi!d been placed on your property located off of the
westerly side of(North Farms Road (more particularly identified as Parcel 73 of Sheet
12C of the Northampton Zoning Map) within 100 feet of Broad Brook, its floodplain, and
bordering vegetated wetland. Our records don't indicate that a Wetland Permit was ever
issued for the placement of this material.
Enclosed you will find an Enforcement Order under the Wetlands Protection Act,
G.L. Chapter 131, Section 40, requiring that:
1. The property owner, his agents, permittees and all others shall immediately
cease and desist from further activity affecting the wetland portion of this
property.
2. Wetland alterations resulting from said activity shall be corrected and the
site returned to its original condition.
3. The property owner shall take every reasonable step to prevent further viola-
tions of the Act.
If you wish to apply for a Wetland Permit to attempt to legitimize this illegally
placed fill and alterations, then:
1. Completed application forms and plans as required by the Act and Regulations
shall be filed with the Northampton Conservation Commission on or before
December 20, 1985, 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:
Northampton Office of Planning and Development
City Hall
210 Main Street
Northampton, MA 01060