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31B-285 (17) ALAN VERSON ATTORNEY AT LAW 56 MAIN STREET-SUITE 218 NORTHAMPTON,MASSACHUSETTS 01060 TELEPHONE(413)586-1348 1 'T 7 �� September 30 , 1991 Db Mr. Frank Sienkiewicz Building Inspector City of Northampton 212 Main Street Northampton, MA 01060 Dear Frank: I was completely shocked to receive your letter of September 27 regarding 100 King Street, in which you state that a condition on the property at 100 King Street has caused a drainage problem and flooding for Pat Melnik's property and that I should do something about it immediately. You further state that there are complaints in your file dating back two years, thereby implying that I have somehow been ignoring the problem for two years. Since you did look at your file, how could you have overlooked the fact that a year ago you received letters from Bob Reckman, the general contractor, and from me with information showing that in doing the construction I went to great lengths to avoid creating more runoff , even though I was not legally required to do so. As Bob stated in his letter, we constructed a parking area that had a "water absorption and retention capacity which was significantly greater than that of the original site. " Please refer to those letters of a year ago, after which I heard nothing from you. On the basis of what engineering studies have you now concluded that whatever problem may exist is my responsibility? The mere fact that Pat Melnik and Eugene Borowski complain and point the finger in my direction should not cause you to immediately fire off a letter ordering me to correct their drainage problem. Do I recall correctly that you told me that Pat Melnik is your lawyer and Eugene Borowski is your accountant? The abutter to the south of 100 King Street (with frontage on Trumbull Road) has recently stripped off the entire back lawn on their property and put in a traprock parking area. More to the point, at the same time I constructed the parking area at 100 King Street, Pat Melnik put in a traprock parking area behind his building, thereby changing the drainage characteristics of his Mr. Frank Sienkiewicz 2 September 30 , 1991 property. Ask both of them if they did the expensive sub-surface preparation work that is outlined in Bob Reckman's letter. On what basis have you concluded that I and I alone caused the water problem for Melnik's property (which happens to be the low spot of the entire area) and not either of the others, who also created traprock parking areas? On numerous occasions I have talked with Pat Melnik about this issue. I have offered to try to work out some amicable, mutual plan of action to try to alleviate his problem. I did so not because I felt that I was responsible in any legal way, and certainly not solely responsible, but in a spirit of mutual cooperation to deal with a problem that arose for some reason after the time I built the building. Pat was never very interested in my offers. For all the above reasons, I strongly resent your letter of September 27 , and most emphatically disagree with your assumption that I have done something improper. On the contrary, I believe that I have acted legally and responsibly in all respects. You should also be aware that 100 King Street is a condominium and I am now the owner of only one of five units. There are nine other owners of various interests in the property. V ry truly yours, c: Patrick Melnik, Esq. Wayne Feiden 4 pro . ri �,, r e (!I ft of Norfl ampton , _*_`4 ...,_. fi ._... 4,0 p AlassaCt11tsttts _ '_ ` 'u''vi., ,..._ ,... w4 '` DEPARTMENT OF BUILDI'G INSPECTIONS , _'•^_i= ?` 212 Main Street ' Municipal Building INSPECTOR ow"' Northampton, Mass. 01060 September 27 , 1991 Mr . Alan Verson 56 Main St . Northampton , Mass . 01060 Re: Your property located at 100 King St . , Northampton . This letter is to serve as formal notice that something immediate must be done with the drainage problem your property is causing the immediate abutters to have flooding . I have received complaints pertaining to this problem over the telephone and after reviewing the file there are complaints in it dating back to November 27 , 1989 . . Upon receipt of this notice please contact me at 586-6950 ext . 240 as to your intentions in this matter . yS/! erely,�.„ / yam r ran 'X. Sienkie z Inspecto .o-f--Buildings FXS/lb cc : Wayne Feiden file