45-042 VIOLATION (2) tiAM
City of Northampton, Massachusett O O¢ pTO
Office of Planning and Development
City Hall • 210 Main Street ' AUG ( I #w �Allft
Northampton, MA 01060 . (413) 586-6950 U �� / � �.� #
• Community and Economic Development gpi INSPECTIONS s Y101i'��'2 't`
• Conservation. Historic Preservation NORTHAMPTON.MA 01060 7,I,.� ��O;
• Planning Board. Zoning Board of Appeals
August 11 , 1989
Frank N. Fournier, III
348 Old Springfield Road
Northampton, MA 01060
RE: Map ID 45-042
Dear Mr. Fournier:
As you may be aware, it is illegal to deposit fill within 100 feet
of any waterway without obtaining a permit from the Northampton
Conservation Commission. On a site visit to your property at 348
Old Springfield Road earlier this week, I observed fill which has
been very recently placed on the embankment above the Oxbow of the
Connecticut River.
You should immediately apply for a permit for this work. The
permit process is not difficult but it will allow the Commission
to evaluate the impacts of your fill on the Oxbow.
I will bring this matter before the Conservation Commission at
their meeting on monday night and recommend that they take
enforcement action if we have not heard from you by then.
If you have any questions , please call.
Sincerely,
h/b.4/7.,_ 5
Wayne M. Feiden
Planner
cc: Bruce Palmer, Building Inspector
Form 9 • - i ['VI ME Re No- 246-
•
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r 6 93g. 64,11. �r Northampton-
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of Massachusetts
met Fournier
..KEPT.OFBU(t.DINGINSPECTIONS
• 7 MAP ID: 45-042 t NORTHAMPTON.MA.01060
Enforcement Order - -
Massachusetts Wetlands Prote'tion Act, G.L. c. 131, §40
From Northampton Conservation Commissic __ Issuing Authonty
To Frank N. Fournier III, 348 Old Springfield Road. Nnrrhampron
Cate of Issuance 8/14/89
Property lot/parcel number, aadress 348 Old Springfield Road (MAP ID: 45-042)
Extent and type of activity: Fill placed on Conneticut River bank within 100 feet of land
under water, the bank and within a floodplain, without
a proper permit.
The Northampton Conservation Commission has determined that the activity descibed
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:
n Said activity has beeniis being conducted without a valid Order of Conditions.
Q Said activity has beenlis being conducted in violation of an Order of Conditions issued to
dated
File number Condition numbers)
C Other(specify) -_ - -- - ________
The Conservation Commission hereby orders the following:
C2 The property owner,his agents, permittees and ail 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. All fill must be removed from site and moved out of floodplain -
Within 60 Days! !
9-1
Elfec ve 11/1/87
nx Completed application forms and plans as required by the Act and Regulations shall be filed with the
Conservation Commission on or before 9/15/89 (date), �.
4
and no further work shall be performed until a pubiid hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at: Office of Planning and Development
City Hall
The property owner shall take every reasonable step to prevent further violations of the act.
fi Other(specify) When all fill has been removed, hillside must be stabilized with
grass, bushes and tabacco netting to prevent erosion.
Failure to comply with this Order may constitute grounds for,egal action. Massachusetts General Laws Chap-
ter 1 3 1 , Section 40 provides:
Whoever vitiates any provision of this sectio:i shall be punished by a fine of not more
than one thousand dollars or by imprisonment for nLt•more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Cuestions regarding this Enforcement Order should be directed to: Wayne Feiden, 586-6950
Issued by
Signature(s)
-N
J / /���"�./
P 890 167 542
. (Signature of delivery person
or certified mail number)
9-2