006-064 Beaver Brook as built email 2017-09-139/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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Louis Hasbrouck <lhasbrouck@northamptonma.gov>
Re: Beaver Brook as builts
1 message
Patrick Melnik <patmelnik@gmail.com>Wed, Sep 13, 2017 at 9:12 AM
To: Doug McDonald <dmcdonald@northamptonma.gov>
Cc: Carolyn Misch <cmisch@northamptonma.gov>, Dave Veleta-DPW <dveleta@northamptonma.gov>, Louis Hasbrouck <lhasbrouck@northamptonma.gov>, Mark
Reed <mark@heritagesurveys.com>
Doug, Mark and I developed most of this information this summer and Mark has hand sketches for what is built but needs to do some other work to get you as built
plans. I can take you through the project to show you the recharge structures built and installed to date. There are a few houses that have roof drains to retention
areas and I think Mark is going to do some calculations to show that they accomplish the same goal as the structures and, if necessary, make an application to
amend my stormwater permit. I am asking Mark to reach out to you today or early next week to call you and discuss his timeline and otherwise comply with your
requests. I am aware of the requirements of the permit and I had thought my own maintenance monitoring complied with the requirements. I will have Mark add
additional information to his report this year and following years to comply with your request. Again, if you could provide samples of the compliance reports
undertaken by the other similar projects to mine it would be helpful for Mark and I to report in the manner you find acceptable. Pat
On Tue, Sep 12, 2017 at 4:53 PM, Doug McDonald <dmcdonald@northamptonma.gov> wrote:
Pat,
The DPW has been waiting since 2015 to receive written confirmation of the recharge structures that have been built, a plan for recharge structures that will be
built with each house, and an accounting of how all these structures will meet the required recharge volume. Mark Reed and I met on site in the summer of 2015
and talked about what had been built and what would be built moving forward. I asked him to document it all and submitted it to the DPW for approval. The DPW
to date has not received this information. I wrote the first attached email on 12/15/2015 asking again for more information.
On 12/23/2015 the DPW generously granted Stormwater Utility credits to all the condominium units in this development with this statement, "At this time, the
DPW has determined that sufficient progress has been made to demonstrate that the project is close to being in full compliance with the Permit. The submission
of additional technical information and the construction of additional structures are required to maintain compliance with the Permit."
On 12/20/2016, after receiving no additional information on the infiltration systems and the submission of the letter from Mark Reed stating that the project is
substantially complete, I wrote the second attached email to remind him that the drainage system was not complete until all the infiltration units are constructed
for each house. I never received a response to this email.
Now you are asking to allow another building permit, and we have no assurance that you will provide the information that was requested 2 years ago. Additionally
one or two of the small detention basins have been altered during construction of a house on Beaver Brook Loop and the loop road has been altered from gravel
to oiled gravel. These changes will need to be addressed in revised drainage calculations and possibly the construction of additional drainage mitigation.
The annual reports for the system that have been submitted are not adequate as I had previously communicated. Pat, your email describing the work that you,
your son and Fletcher do each year is good information and should be included in the Annual Report that is submitted by the engineer. The attached O&M
Agreement outlines what inspection and maintenance should be completed for this system in Attachment A and the Annual Report should document what and
when the inspections and maintenance were all completed and the engineer should inspect the system and document the condition of each component of the
system and any deficiencies that need correction.
I understand that a building permit will be issued for the next house to be constructed, but the DPW requests that prior to the approval of any more building or
occupancy permits, the information be submitted to the DPW for review and approval as described above and previously. We continue to hope that this project
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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will be brought into compliance with the Stormwater Management Permit in the near future. Please let me know any questions.
Thanks,
Doug
--
Douglas McDonald
Stormwater Manager
Department of Public Works
125 Locust Street
Northampton, MA 01060
T: 413-587-1582
F: 413-587-1576
E: dmcdonald@northamptonma.gov
W: www.northamptonma.gov/762/Stormwater
On 9/12/2017 3:48 PM, Carolyn Misch wrote:
Pat-
Louis will review building permit applications and allow those to go forward as long as progress continues in terms of addressing the stormwater
changes and revising plans/applications.
Thanks,
Carolyn Misch, AICP
Senior Land Use Planner/Permits Manager
City of Northampton Office of Planning & Sustainability
210 Main St, Room 11
Northampton, MA 01060
413-587-1287
cmisch@northamptonma.gov
www.northamptonma.gov/plan
On Tue, Sep 12, 2017 at 1:39 PM, Patrick Melnik <patmelnik@gmail.com> wrote:
I will get crosswalk painted asap. I will have Heritage respond as I indicated in my earlier email. I will not ask for return of my bond until all the
components of the as builts are submitted. Can you confirm for me that the building department may continue to issue building permits as we
develop the changes? Thanks. pat
On Tue, Sep 12, 2017 at 12:10 PM, Carolyn Misch <cmisch@northamptonma.gov> wrote:
Pat-
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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Thank you for your detailed response. This is the first indication that either you or Heritage were working on
changes. Since these questions were asked of you six months ago, we had no indication that you were going to
respond-- after several attempts on our part to reach out. This is why we felt it was necessary to take a step back,
create a break in work to ensure there would be a response. There have been multiple adjustments on site that
may have an impact to the stormwater system function. We don't know this because there has been no feedback
from you or an engineer about the changes on site.
In terms of your questions about required elements for as-builts, we require all elements of the constructed
infrastructure, including lighting, trees, curb cuts, stormwater etc on the plans. You are welcome to pull any
subdivision as-builts from our online permit files: Village Hill, Ice Pond, Cardinal Way, Ridge etc. In terms of
showing the residential structures, again this is only about the individual infiltration chambers that are part of your
stormwater management plan. So this is specific to your project. Not all subdivisions rely on calculations of roof
runoff from structures, like yours. So it is an essential component of showing that your stormwater system was
constructed as designed.
And of course we don't accept as-builts until the infrastructure is complete. You did indicate it was complete so that
is what generated the detailed review and questions. So if it is premature, we'll wait to review them when they are
ready-- please just clarify this point.
We are not asking you to install concrete crosswalk, just painted crosswalk unless you want to ask the Planning
Board to waive this based on the traffic information you submitted supporting no speed humps.
The water line in the loop road is PVC 900 not ductile iron. This needs to change in the final as-built.
Calculations and stormwater amendments based on plan changes must be submitted to DPW, please let me know
when that happens.
Thank you for starting work to address these issues, please let me know if any further clarification is necessary on
the stormwater requirements
Carolyn Misch, AICP
Senior Land Use Planner/Permits Manager
City of Northampton Office of Planning & Sustainability
210 Main St, Room 11
Northampton, MA 01060
413-587-1287
cmisch@northamptonma.gov
www.northamptonma.gov/plan
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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On Thu, Sep 7, 2017 at 9:45 AM, Patrick Melnik <patmelnik@gmail.com> wrote:
Carolyn, I am in receipt of your email of August 31 and I must say I am stunned by your tone and the substance of
your communication. I have kept you apprised of all the steps taken to finalize my as-built plans periodically since
March of 2017 when you emailed me and requested plan revisions. At that time there were 5 items that you
wanted corrected or updated. The topo you wanted was actually on the plans already and Mark will correct the
labeling of the water line when the amended as-built is submitted. Mark Reed and I advised you that we were
working on getting the swing tie information and that we were held up by two of the builders of units who did not
supply this information. At this point Mark has most of the swing tie information, location of existing infiltration
systems installed for all systems installed to date, size and footprint of all houses to date and is working on getting
them to you in plan form. He will have to do some field work to get the two missing swing tie info for the builders
who would not provide this info. You never gave me a deadline for this information and, in fact, my permit does not
have any deadlines for submitting as built plans except insofar as getting my bond money returned when the
infrastructure is complete. You also stated in 2016 that:
“We need an as-built for the infrastructure, which is what was described in the preceding emails. The stamped as-built is only submitted
when all the infrastructure is built (not the homes).”
Since all the infrastructure is not quite complete, according to your most recent email, the final as-built is
premature in all events.
As to the items in your most recent email I will respond in order:
1. Heritage Surveys will note the change of labeling on the next plan submitted.
2. We have the rough Swing ties with measurements that can be emailed to DPW right now if necessary, but to
get them in professional form that are more legible, due to constraints of other work at Heritage office, the finish
version will not be available until December 15. Heritage has to do some additional filed work to get the missing
information.
3. This is a new item but I will have Mark show the trees on amended plan.
4. The as-builts for curb cuts is new. In July I requested: I could not see anything in the subdivision regulations, my permit or
zoning that requires me to locate all the houses that have been built on an as built plan. Can you forward me the location in city regulations for
this requirement? Can you also forward me the as built plans done for the Bear Hill project off Bridge road, the Sovereign Builders subdivision
off Rt 66 and the as built plans for Emerson Way? I did not get this information. I need to see where these continuing and
changing requirements are coming from. If there is a regulation that requires what you ask, I will comply, but I
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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need to see what other persons involved in a building projects are submitting compliance requirements to see
where the Heritage plans are deficient.
5. Loop driveway was proposed as TRG surface. The TRG was eroding in places and difficult to plow so I had
the TRG treated with oil to stabilize the driveway. It was not “paved” and only the center of the traveled way was
treated. Mark will address the stormwater effect from this change with DPW and, if necessary, we will request an
amendment to the stormwater permit or make adjustments that are necessary for compliance.
6. I do not know how stormwater capacity for #2 has been altered. I will have Mark look at this and, if necessary,
the homeowner who built that house will have to make adjustments. The homeowner was aware of the need to
keep the retention basin intact and not modify drainage patterns. and I assumed their builder complied with this. If
builder did not comply I will notify him of his need to comply.
7. Again we will get you house sizing but the house sizes were already factored into the drainage calculations
for the project, so I am not sure what is being sought here. Since the changes to my as-builts seem to be an
ongoing concern that has required your office to request me to make change to my as-built plans on a rolling
basis, at this point I plan to give you the revised plan with the information we can address by December 15 as
specified in this email, and then give you a final as built when all the houses are constructed. I will not ask for a
return of my bond until the project is complete, or I determine no more houses will be built If I abandon plans for
new units where permitted.
8. I request a plan waiver to allow me to have a cross hatched crosswalk painted from the sidewalks on the east
and west side of Chestnut Ave Extension. My updated traffic report showed significant reduction in traffic counts
which allowed your office to waive the need for speed humps. There seems to be no need for concrete sidewalk
at this time for the same reason, particularly since the sidewalks go to nowhere. I have not been able to locate
any sidewalk in the City of Northampton that has a concrete sidewalk crossing a street, so I am not sure of what
the function of such a structure would be.
9. The location of gate valves, manholes, cleanouts etc are on the plans already and I verified this with Mark. If
you see a missing item please note what structure is missing. I have addressed the swing ties as stated above
which will be on amended plans by December 15 as noted above.
10. I do not understand what materials you saw that were changed in the street? If you are talking about the Loop,
I have addressed this above.
Holding up building permits until you get revised plans is not acceptable. I have always complied with your
requests in the past and will continue to do so when required. I have posted a bond in an amount approved by
your office and DPW in 2010 when the project will still young. Since then substantial work has been done,
including the final paving of the road, which was the principal purpose of the bond initially. There is less to be done
now than before. It is simply illogical for your office to try to change the approved bond at this time. I have relied
on the integrity of the city to follow the rules you set and have advised two homeowners who plan to build this fall
that I have an approved bond in place that will allow them to get permits. I also have an application for a building
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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permit pending that I have contractual obligations to maintain. If these permits are withheld, the two homeowners
and I will suffer great harm.
Please contact me to discuss this further if necessary. If you still plan to order the building inspector to stop
issuing permits, I would request a personal meeting with you, the mayor, building inspector and Mark Reed by
next Wednesday to see if we can resolve this. Pat
--
Patrick J. Melnik Sr., Esq.
Melnik Law Offices
110 King Street
Northampton, MA 01060
Phone: (413) 584-6750
Fax: (413) 584-6789
CONFIDENTIAL NOTICE: This electronic mail message and any attached files may contain confidential information which is the property of the sender and is intended only for the
individual or entity to which it is addressed. Communications from our firm may contain or incorporate federal tax advice. Under recently promulgated US Internal Revenue Service
standards (Circular 230), we are required to inform you that only formal, written tax opinions meeting the requirements of Circular 230 may be relied upon by taxpayers for the purpose
of avoiding tax-related penalties. Accordingly, this communication is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax-related penalties under
the Internal Revenue Code. If you are not the intended recipient, you are hereby notified that disclosing, distributing or taking any action in reliance on the contents of this e-mail is
strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone at (413) 584-6750 or by replying to this message.
--
Patrick J. Melnik Sr., Esq.
Melnik Law Offices
110 King Street
Northampton, MA 01060
Phone: (413) 584-6750
Fax: (413) 584-6789
CONFIDENTIAL NOTICE: This electronic mail message and any attached files may contain confidential information which is the property of the sender and is intended only for the individual
or entity to which it is addressed. Communications from our firm may contain or incorporate federal tax advice. Under recently promulgated US Internal Revenue Service standards (Circular
230), we are required to inform you that only formal, written tax opinions meeting the requirements of Circular 230 may be relied upon by taxpayers for the purpose of avoiding tax-related
penalties. Accordingly, this communication is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax-related penalties under the Internal Revenue Code. If
you are not the intended recipient, you are hereby notified that disclosing, distributing or taking any action in reliance on the contents of this e-mail is strictly prohibited. If you have received
this transmission in error, please notify me immediately by telephone at (413) 584-6750 or by replying to this message.
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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---------- Forwarded message ----------
From: Doug McDonald <dmcdonald@northamptonma.gov>
To: Mark Reed <mark@heritagesurveys.com>
Cc:
Bcc:
Date: Tue, 15 Dec 2015 16:45:46 -0500
Subject: Re: Beaver Brook
Hi Mark-
It has been a while since we met and communicated about Beaver Brook. I still have not received calculations for recharge structures at Beaver Brook that you
mentioned in your email below and I had discussed in a July 20, 2015 email:
As we discussed, it is important that the DPW also receive information regarding how the project is in compliance with the requirement for stormwater recharge.
The approved plans specified 7 dry wells that had overflows to the piped drainage system. The approved plans also included the following General Note on
Sheets 2 and 3:
ALL BUILDING ROOF DRAINS / DOWN SPOUTS SHALL BE CONNECTED TO NEW DRY WELLS / LEACHING CATCH BASINS WHICH SHALL BE
LOCATED ADJACENT (10' CLR.) TO NEW BUILDINGS.
The Stormwater Recharge document dated September 27, 2007 by Heritage Surveys, Inc, has recharge calculations that assume 100% of the building roofs
would discharge to infiltration structures with a volume for at least 0.5 inches of rain from the roofs (see attached). Additionally, the Stormwater Recharge
document takes credit for recharge in Basin #1 which is not currently possible due to the groundwater conditions. Additional recharge structures will be required
to make up the total required volume that had been calculated to be 0.05 acre-feet. Based on our discussion today and review of the approved plans and other
documents, the project has not been built according to the approved plans and documents that specified construction of new dry wells / leaching catch basins for
all building roof drains. The DPW will need to receive documentation of the design and volumes of the dry wells and other infiltration structures that have been
built and a proposed plan to construct additional structures to bring the project into compliance and maintain compliance as more houses are built. Low spots in a
lawn or swales may not qualify as a recharge structure as you had suggested. A lawn could be regraded or a patio built and a swale is generally for conveyance
This project continues to be out of compliance until the above described requirements are addressed. Any accounting of the recharge volumes constructed and
to be constructed must also include the area of impervious surface draining to each structure.
I look forward to receiving information soon.
Please let me know if you have questions.
Thanks,
Doug
Douglas McDonald
Stormwater Manager
Department of Public Works
125 Locust Street
Northampton, MA 01060
T: 413-587-1582
F: 413-587-1576
E: dmcdonald@northamptonma.gov
W: www.northamptonma.gov/762/Stormwater
On 8/11/2015 9:55 AM, Mark Reed wrote:
Hi Doug,
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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Per our discussion at our site mee ng on August 5th with Gene Tacy, a 4’ x 8’ leaching chamber with 4’ of stone around the structure and 12”
of stone under it was installed by Randy Baker for Unit #12. A ached is the spec sheet from Underground Supply and pictures of the leaching
structure before it was covered with filter fabric and loam.
It’s my understanding based on our discussions that stormwater basins and revised calcula ons meet your approval and that no changes are
needed. We will be submi ng calcula ons for stormwater recharge from the leaching structures that have been and that will be installed on
the Units. To date, a total of five (5) dry wells have been installed for Units 1, 2-5 & 8, and one (1) leaching chamber for Unit #12. Stone dry
wells within low areas have also been installed for Units #19, 22 & 23.
Please confirm my statements above regarding the Stormwater system and the work performed to date at the site.
Thank you,
-Mark R.
Mark P. Reed
Director of Engineering
Heritage Surveys, Inc.
241 College Highway & Clark Street
Post Office Box 1
Southampton, MA 01073
Phone (413) 527-3600
Fax (413) 527-8280
Cell (413) 539-3906
From: Patrick Melnik [mailto:patmelnik@gmail.com]
Sent: Monday, August 10, 2015 3:27 PM
To: Louis Hasbrouck; Mark Reed
Subject: Beaver Brook
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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Hi Louis. I spoke to Mark Reed at Heritage Surveys after I left your office. He met with Doug MacDonald last week at the site and went over the
entire storm system and the calculations. Doug told Mark he was satisfied with the work and the calculations and only wanted to make sure the
new building sites all have onsite dry wells planned for roof run off. Mark said he would ask Doug to send you and email confirming this. Let me
know if you need anything else, or if you do not get confirmation from Doug. Pat
--
Patrick J. Melnik Sr., Esq.
Melnik Law Offices
110 King Street
Northampton, MA 01060
Phone: (413) 584-6750
Fax: (413) 584-6789
CONFIDENTIAL NOTICE: This electronic mail message and any attached files may contain confidential information which is the property of the sender and is intended only for the individual or
entity to which it is addressed. Communications from our firm may contain or incorporate federal tax advice. Under recently promulgated US Internal Revenue Service standards (Circular 230),
we are required to inform you that only formal, written tax opinions meeting the requirements of Circular 230 may be relied upon by taxpayers for the purpose of avoiding tax-related penalties.
Accordingly, this communication is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax-related penalties under the Internal Revenue Code. If you are not
the intended recipient, you are hereby notified that disclosing, distributing or taking any action in reliance on the contents of this e-mail is strictly prohibited. If you have received this
transmission in error, please notify me immediately by telephone at (413) 584-6750 or by replying to this message.
---------- Forwarded message ----------
From: Doug McDonald <dmcdonald@northamptonma.gov>
To: Mark Reed <mark@heritagesurveys.com>, Carolyn Misch <cmisch@northamptonma.gov>
Cc: "'Patrick Melnik'" <patmelnik@gmail.com>, David Veleta <dveleta@northamptonma.gov>
Bcc:
Date: Tue, 20 Dec 2016 15:43:25 -0500
Subject: Re: Beaver Brook Estates, Northampton
Hi Mark,
The drainage system at Beaver Brook Estates will be complete when all the infiltration systems have been constructed for each house. I have not received any
updates since 2015 regarding the construction of new infiltration systems for the newest houses and I never received written documentation from your office
regarding the location, design and capacity of the infiltration systems that have been constructed to date.
Additionally, the Annual Report that was submitted is not adequate based on the maintenance schedule defined in the attached O&M Agreement. Additional
information should be submitted summarizing the inspections and maintenance that have been completed for the year for all components of the stormwater
system including all the detention basins, the outfall, catch basins, dry wells and pavement sweeping. Please refer to Attachment A of the O&M Agreement for
guidance.
I look forward to receiving additional information and please let me know if you have questions.
Thanks,
Doug
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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--
Douglas McDonald
Stormwater Manager
Department of Public Works
125 Locust Street
Northampton, MA 01060
T: 413-587-1582
F: 413-587-1576
E: dmcdonald@northamptonma.gov
W: www.northamptonma.gov/762/Stormwater
On 12/20/2016 2:22 PM, Mark Reed wrote:
Hi Carolyn & Doug,
Attached is a letter regarding the Beaver Brook Estates project being substantially completed per the approved plans, Field Observation Report
regarding the final paving of Chestnut Street Extension and the 2016 Annual Report of the Stormwater System. We are mailing you both the
original documents. Please call or e-mail me if you have any questions or should need anything else.
Thank you,
-Mark R.
Have a Merry Christmas and a Happy New Year !!!
Mark P. Reed
Director of Engineering
Heritage Surveys, Inc.
241 College Highway & Clark Street
Post Office Box 1
Southampton, MA 01073
Phone (413) 527-3600
Fax (413) 527-8280
9/13/2017 City of Northampton Mail - Re: Beaver Brook as builts
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Cell (413) 539-3906
--
Patrick J. Melnik Sr., Esq.
Melnik Law Offices
110 King Street
Northampton, MA 01060
Phone: (413) 584-6750
Fax: (413) 584-6789
CONFIDENTIAL NOTICE: This electronic mail message and any attached files may contain confidential information which is the property of the sender and is intended only for the individual or entity to which it is
addressed. Communications from our firm may contain or incorporate federal tax advice. Under recently promulgated US Internal Revenue Service standards (Circular 230), we are required to inform you that only
formal, written tax opinions meeting the requirements of Circular 230 may be relied upon by taxpayers for the purpose of avoiding tax-related penalties. Accordingly, this communication is not intended or written to
be used, and it cannot be used, for the purpose of avoiding tax-related penalties under the Internal Revenue Code. If you are not the intended recipient, you are hereby notified that disclosing, distributing or taking
any action in reliance on the contents of this e-mail is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone at (413) 584-6750 or by replying to this message.