31B-285 (17) ALAN VERSON
ATTORNEY AT LAW 56 MAIN STREET-SUITE 218
NORTHAMPTON,MASSACHUSETTS 01060
TELEPHONE(413)586-1348
1
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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
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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
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