45-042 VIOLATION ! 1/(5.:-...-4/01.4..... c ,...\
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DEPARTMENT OF BUILDING INSPECTIONS ` -F, �_
INSPECT ril 6, 2004 212 Main Street • Municipal Building '`6,,,-0.
Northampton,MA 01060 ow
Mr. Frank Fournier ! ,
17 Harlow Avenue . ,
Northampton, MA 01060
RE: Unregistered cars at 348 Old Springfield Road
Dear Mr. Fournier,
I made a site visit to property that you own at 348 Old Springfield Road. The property
had two unregistered vehicles in violation of Northampton Zoning section 8.9 section 12
(copy attached). One of the cars was observed with water marks above the windshield
indicating the car had been submerged during the last high water due to heavy rains. The
car most likely released motor oils and other fluids into the river in violation of wetlands
protection. I have forwarded a request for violation of wetlands protection act to the
Northampton Conservation Commission. This is a serious violation for which you.face
fines of$100.per day for each day the violation continues and or court action. I tried to
contact you on your cell phone while you were in Florida but I never]received a return
call. You have ten days from receipt of this letter to correct the violation.
Please contact this office at 587-1240 if you have any questions.
•
Sincerely,
.----- 01V/41-- " .
Anthony Patillo
Building Commissioner
City of Northampton
CC: G. McPherson Conservation Commission
Registration legally issued by a governmental authority), and nog motor vehicle
accessories which are not parts of said two vehicles,may be parked, stored or'otherwise
placed on a parcel of land in the City of Northampton without a;Special permit from the
Northampton City Council. ,This section shall not apply to the parking,storage or .
otherwise placing of unregistered motor vehicles and/or motor vehicle accessories where
such parking,storage or placement is in connection with a legallyy established business
selling new and/or used automobiles and trucks,;or automotive repair or automobile
service stations. This section shall also not apply to trucks and tractors which are in use
for bona-fide agricultural purposes.
13. All permitted unregistered motor vehicles and/or)motor vehicle accessories shall be
screened from the view of the public and from abutting public ways and from abutting
properties by being enclosed within a structure or sight impervious fencing or screening.
14. A Zoning Permit must be received from the Building Commissioner, and a Driveway
Permit from the Department of Public Works, for all new or relocated driveways or
parking lots.
15. Any use (drive-ins, etc.) which requires the "stacking" of vehicles waiting in line, must
be able to provide for the stacking of at least fiveII(5)vehicles in each line without the
cars exceeding the boundaries of the lot.
(Amended 7/19/90, 8/15/91, 6/18/92, 6/17/93, 10/6/94,4/18/96,,and 5/18/2000)
Section 8.10 Additional Standards for over five spaces. In addition to §8.9 above, all parking
and loading areas containing.over five(5)spaces,including automotive arid drive-in establishments
of all types shall either be contained within structures or shall also comply with the following:
1. .The area shall be effectively screened with suitable planting or site impervious fencing on
each side which adjoins or faces the side or rear lot line of a lot situated in any Residential
"R"District
2. The area and access driveways thereto shall be surfaced with bi io I ousconcrete or cement
concrete material. The location of spaces shall be suitably marked by painted lines or other
appropriate markings.
3. A substantial bumper of masonry, steel, or heavy timber, or a concrete curb or berm curb
which is backed, shall be placed at the edge of surfaced areas except driveways in order to
protect abutting structures,properties and sidewalks and screening materials.
4. There shall not be any business operation for vehicle repair for profit or gasoline or oil
service facilities or any repair made to any motor vehicles, except on a lot occupied by a
permitted automotive use. Any gasoline or oil facilities shall be at least twenty-five(25)feet
) from any,lot line.
5. There shall not be any storage of materials or equipment or display of merchandise within
parking areas except as part of approved building operations.
08/21/02 8-7
I.:
Registration legally issued by a governmental aut hority), and no motor vehicle
accessories.which are not parts of said two vehicles,may parked, stored or otherwise
placed on a parcel of land in the City of Northampton without a Special permit from the
Northampton City Council. ;This section shall not apply to the parking, storage or
otherwise.placing of unregistered motor vehicles and/or motor vehicle accessories where
such parking, storage or placement is in connection with a legally established business
selling new and/or used automobiles and trucks, ;or automotive repair or automobile
service stations(.' This section shall also not apply to trucks and tractors which are in use
for bona-fide agricultural purposes. - .
13. All permitted unregistered motor vehicles and/or)motor vehicle accessories shall be
screened from the view of the public and from abutting public ways and from abutting
properties by being enclosed within a structure or sight impervious fencing or screening. ,
1
14. A Zoning Permit must be received from the Building Commissioner, and a Driveway
Permit from the Department of Public Works, for all new or relocated driveways or
parking lots.
15. . Any use (drive-ins, etc.)which requires the "stacking" of vehicles waiting in line,must
be able to provide for the stacking of at least five(5)vehicles in each line without the
cars exceeding the boundaries of the lot.
(Amended 7/19/90, 8/15/91, 6/1.8/92, 6/17/93, 10/6/94,4/18/96,,and 5/18/2000)
Section 8.10 Additional Standards for over five spaces. - In addition to §8.9 above, all parking
and loading areas containing.over five(5)spaces,including automotive and drive-in establishments
of all types shall either be contained within structures or shall also comply with the following:
1. The area shall"be effectively screened with suitable planting or site impervious fencing on
each side:which adjoins or faces the side or rear lot line of a lot situated in any Residential
R" District. .
2. . .The area and access driveways thereto shall be surfaced with bituminous concrete or cement
concrete material. The location of spaces shall be suitably marked by painted lines or other
appropriate markings.
3. A substantial bumper of masonry, steel, or heav I timber, or a concrete curb or berm curb
which is backed, shall be placed at the edge of surfaced areas except driveways in order to,
protect abutting structures,properties and sidewalks and screening materials.
4. There shall not be any business operation for vehicle repair for profit or gasoline or oil
service facilities or any repair made to any motor vehicles, except on a lot occupied by a
permitted automotive use. Any gasoline or oil facilities shall be at teast twenty-five(25)feet
from any lot line.
5. There shall not be any storage of materials or equipment or display of merchandise within
parking areas except as part of approved building operations.
'`l 08/21/02 8-7
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1 Massachusetts ;Department of Environmental Protection ---- --
Bureau of Resource Protection -Wetlands.' DEP File Number:
WPA Fora 9a4 — Ercement Order
Massachusetts Wetlands nfoProtection Act M.G.L. c. 131, §4',0I
Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Northampton Conservation Commission April 6, 2004
computer, use
only the tab Date
key to move To:
your cursor- - �- ..,.. il" `.� r..w_ R
do not use the Frank Fournier 3 Jo) t �� i U ! �� r1��3'F
return key. Name of Violator iy:: "� 1 r
17 Harlow Avenue, Northampton;01060 :, i i
Oro ` AddressL. APR' - 7 2004 +
1. Location of Violation: E _ _ -�
lIJ�t`i lr:4]Lrl iJl'u i' t,�rtr
�P,roperty"Owner-(if-different)=-. <__ -"•---- i "� " -
s ' 34r8':Old)Sprigfield Road;
4---Street Ad'dre - _._._-..o_ _._
Northampton 01060
City/Town Zip Code _
/ 45 =` �42 and'lo`ts 43& 70, owned'by M Du f
-,`Asse'ssors Map/Plat Number �_-7 • •Parcel/Lot Number _ , —
2. Extent and Type of Activity:
Storing unregistered vehicles in the floodplain without Conservation Commission approval. It is likely
that gas, oil and other automotive fluids were released into floodwaters between April 2 and April 4 when
the vehicles were completely submerged.
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'withl ut a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of.the Order of Conditions issued to:
Name Dated' I
i
wpaforrn9a.doc•rev.12/15/00 1 Page 1'of 3
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Massachusetts Department of Environmental Protection
14 - Bureau of Resource Protection -Wetlands - � DEP File Number:
WPA Form 9A Enforcement• Order .
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
File Number ! Condition number(s)
B. Findings (cont.) •
❑ Other(specify):
III �
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 correicted and the site returned to its
original condition. . I
ET
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 beenlheld and an Order of Conditions
has been issued to regulate said work. - -
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® The property owner shall take the following action to prevent further violations of the Act:
Remove all unregistered vehicles from the floodplain.
II
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: 1`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
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• Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands I- - DEP File Number:
WPA Form 9A — Enforcement "Order
- Massachusetts Wetlands Protection Act M.O.L. c. 131, §40 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 shouldlbe directed to:
Gloria McPherson, Conservation and Land Use Planner
Name
587-1263
Phone Number
8:30 am—2:30 pm/Monday through Thursday
Hours/Days Available
• 1
Issued by:
Northampton Conservation Commission
•
•
In a situation regarding immediate action, an Enforcement Order may�be signed bya,single member or
Y 9
agent of the Commission and ratified'by majority of-the members at the next scheduled meeting of,the
Commission.
Signatures:
•
i •
.�_ • 4 ..
. I
•
•
•
7003 0500 0005 2476 6667
Signature of delivery person or certified mail number •
•
•
wpaform9a.doc-rev:12/15/00 •
Page 3.of 3
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US.Postal Service
CERTIFIED MAIL RECEIPT .
l(Domestic,Mail Only; No lnrance Coverage Provided)
v
:� k , . Hui di 1f InS r; Ct or'.S •, k' C1"= I
i tY 1 • Postage MOMIAc,
m Certified Fee -/0 , '�Q� `S 0 1
,- ry�,Postmar g
j Return Receipt Fee. He"re GR
Ln ,(Endorsement Required) , ��
d r Restricted Delivery Fee
��
O (En'dorsement Required)
i�- � I,
j Total Postage&Fees $' , �^ e�
�^ Sent To j+s.
;/-4 " Frank Fornier
;,...1 Street,'Apt:No.; 17 Harlow Ave
MIor PO Box No.
Cli city,State,ZIP+4 Northampton;-MA 01060 \ ,
- •.j PS Form 3800,January 2001 See Reverse for Instructions
' SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete ignatur-
tern 4 if Restricted Delivery is desired. S
i ❑Agent
■ Print your name and address on the reverse X _,� L 4 '
so that we can return the card to you: - IC i .�❑Addressee
• Attach this:card to. the.bacic of tile' sill i B. Re eived by(•ri 'fed Name, C. i,-of Delivery'
or on the front if space permits. ,l 1--- - t 'f O
1, Article Addressed to: D. Is.livery addr=ss different from item 1? 0 es
4!
If YES,enter delivery address below: 0 No
', Frank Fournier
. 16 16 Harlow Ave
Northampton MA 01060
3. Service Type ;
0 Certified Mail 0 Express Mail
❑Registered 0 Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
' 4. Restricted Delivery?(Extra Fee) ; ❑Yes
2. Article Numbe I -— -
t I I►€ 1 7[iO It ,19.4 DI 3 0 l]5, 11.343 3 335-7 6 t 1 i"1-1 a I ,
(Transfer from serve t 1 .R` )
i' S For' 381 Ei1 Au ust 2001 t 1 t 1 t,, ,+ F i 4 1
I P ,im ,,1 l-,, 9 1 i i i jpomeaic:Return Receipt 102595-01-M-2509
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