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HomeMy WebLinkAboutCorrespondence - 146 MAIN STREET 8/3/2015 PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDIVIDUALS TELEPHONE(925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206-1710 FAX(603)782-4366 August 3,2015 Zoning Board of Appeals Town of North Andover 1600 Osgood Street—Suite 2035 North Andover,Massachusetts 01845 RE: Appeal of Decision Not to Enforce— Letter of Authorization -Sewer Pump Station located at 146 Main Street North Andover MA To Whom It May Concern: We,Gregory Smith and Linda VanDeVoorde,as Trustees of the Stone Mill Realty Trust,the appellants,hereby authorize our attorney,Peter L.Kutrubes,to communicate with and represent us in front of the Zoning Board of Appeals concerning our dated August 2015. Sincerely, M A—agvc��Mk GREGORY SMITH LINDA VANDEVOORDE PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDIVIDUALS TELEPHONE(925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206-1710 FAX(603)782-4366 July 15,2015 Zoning Board of Appeals Town of North Andover 1600 Osgood Street Building 20 Suite 2-36 North Andover,MA 01845 RE: RE: 146 Main Street,North Andover, MA To Whom It May Concern: Gregory Smith, individually and on behalf of Stone Mill Realty Trust, owners of the real property referred to above, hereby appeal the decisions of the Town of North Andover to deny Smith's complaints filed with the Town on January 13, 2015, January 14, 2015 and January 21, 2015 (three in total). These complaints were filed specifically with the building department and other departments to enforce the town's regulations concerning the permitting, construction and operation of a sewer pump station constructed to benefit Smith's property. The complaints have been on record with the Town for six months, and no official of the Town has made any formal decision concerning these complaints. Currently, the subject sewer pump station that has been both constructed and "retrofitted"by Sutton Pond Condominium Trust, is barely operable after being inoperable due to a burst pipe caused by a freeze on or about January 10, 2015. The actual pump station did not go back into operation after the freeze until in or about April 2015, being out of service for approximately three months. However, even as of last month, in or about the beginning of June 2015, Sutton Pond represented that it has complied with all applicable regulations and law concerning the design and construction of the this pump station even though it is apparent that this pump station is out of compliance and has been since it was constructed and "retrofitted" by Sutton Pond Condominium Trust. Meanwhile, for years, the Town of North Andover, has taken no action and found no fault with the present pump system, until recently. The Town of North Andover ignored the fact that the pump station was inoperable through early March 2015. In fact,as recent as March 18, 2015, the Director of the Town of North Andover Board of Health ignored that the sewer pump station was overflowing and human waste had sprayed all over the interior of the pump station before she was instructed by the Director of Economic and Community Development, Eric Kfoury,to address this pump station. Even after being instructed to address the pump station,the Town's Board of Health has been slow to act and order Sutton Pond Condominium Trust to take any remedial action. Up until Sutton Pond actually made the pump station barely functional in April 2015, the wet well is overflowing with raw sewage that is seeping onto the gravel floor of the pump station, and beyond. It took until late May or early June before Sutton Pond Condominium Trust remediated all the contaminated portions of the pump station shed, but, like everything Sutton Pond Condominium Trust has done, its work was poorly done. Only the insulation was removed. The walls, ceiling and floor were not doused with any chemical agent to remediate the human waste. This pump station has been a long stating issue that has been repeatedly brought to the Town's attention. Attached is a copy of the recent complaints as well as the attachments, including the special permit issued by the Planning Board in 1992,and the only permits issued concerning this pump station—only for the construction of a"shed",and two electrical permits. No permits were ever issued for the plumbing and pump system itself and this present pump system violates the special pen-nit issued by the Planning Board issued in December 1992. Sutton Pond Condominium Trust constructed this sewer pump station and was responsible for constructing it in a proper manner, according to the law and the regulations of the State of Massachusetts and Town of North Andover. Its obligation was prescribed by law upon the formation of the Trust, passed on by the developer, pursuant to Section 183A of the Massachusetts Statutes. Since 1992,the Trust has failed to perform its duty under the law and all subsequent judgments,awards and/or agreements. Proper manner, according to the law, required this pump station to be designed, engineered and permitted. Instead, it was constructed without any design, engineering or permits. The improper manner in which it was constructed has caused this pump station to repeatedly fail. At present,despite the partial functional status of the pump station, it is seeping sewer gases into 146 Main Street building as the wet well is not properly sealed. The pump shed has no insulation, power ventilation or heat, thereby posing other hazards, including freezing hazards if nothing is done by the time winter arrives. Finally, the exterior of the building has been rotting and there are several holes in the back siding, exposing the inside of the pump station. There are other code violations presented to the Director of Community and Economic Development,Eric Kfoury. The Town of North Andover has informally recognized that the pump station is not in compliance and was improperly constructed. However, it has not rendered any formal findings, nor has the Town taken any formal action. Although Director Kfoury's efforts have been commendable considering the past inaction of the Town. However,formal action by the Town needs to be taken. -2- Smith has filed three complaints in the past six months. The Town has failed to address these complaints. Failing to render any decision on these complaints, effectively taking no action on the complaints that have been lodged with the Town for six(6)months,is an effective denial of the complaints. Petitioner Gregory Smith hereby appeals to the ZBA to address his complaints and render a formal decision so that proper action can be taken. Sincerely, PETER L. KUTRUBES -3-