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Home My WebLink AboutCorrespondence - 83 SHERWOOD DRIVE 4/13/1998 OFFICE OF , � t. ry 4 0.C60U COMM UN FFY' DEVE'LOPMEN'TAND SERV'I('..ES 30 School Strect North Andover,Massachusetts 01 45 WILLIAM J,Director April 13, 1998 Resident 83 Sherwood Drive North Andover, MA 01845 Dear Homeowner, This correspondence is in regards to the alteration in progress in the front yard at #83 Sherwood Drive. An inspection by authorized personnel of the health department was conducted on Friday, April 10, 1998. Please be advised that you are in violation of the State Environmental Code, Title V. 310 CNIR 15.248 (2) a No permanent buildings or other structures shall be constructed on the reserve area. There are currently two stone structures over the area in question. This type of alteration is prohibited. The structures that have been constructed over this area must be removed within seven (7) days of receipt of this correspondence. In addition, the grading of the area is critical in the proper functioning of the septic system, therefore, you must have it restored to its original grade. You are hereby ORDERED to correct these violations within the time allotted. Failure to comply within the allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an E34)FlI2:E7C)I•"APPE?flLS 688-9541 BUILDING 688-9545 t:ONS�.°°,I2VA.'CON 688-9530 HEALTH 688-9540 PLANNING 688-9535 attorney. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. y,. an Ford Health Inspector cc: Sandra Starr, Health Agent File April 30, 1998 Note To File: The owners of 83 Sherwood Drive appeared at a Board of Health meeting to discuss the planters on their front lawn,which lie on their septic system. They were made aware that in the event their septic system fails the planters will probably be destroyed, certainly removed. They understand this and the fact that any change of grade that has been effected may negatively impact the longevity of their system. 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Janusz. President Tiftwiand Builders,Inc_ 40 Sunset Rock Road Andover, MA 01810 RE: LOT 14, SHERWOOD DRIVE, NORTH ANDOVER, MASSACHUSETTS BUYERS Oft DONALD BROWN&MRS. THERESA BROt+ W NOTICE OF REPRESENTA 77ON DEMAND FOR RELIEF UNDER Al ML, CHAPTER WA, SECTION!ET SEQ. Dear Mr. Janusz: By now I am sure you know tttat I have been engaged by Or. Donald Brown and Mrs. Theresa ]Brown to represent them in all matters relative to a certain PurCha$e and Sale Agreement(the `Agreement)which they emawted with Timberland Suiklers. Inc. (*Timberland")on or about June 4, 1997. Under the tesrns of the Agreement. Timberland agreed to construct a house selected by the Browns upon a lot of land owned by Timberland and identified as Lot 14 in the Sherwood Drive Subdivision in North Andover. The hoarse selected is described as"The Smithsonian 8-28"and had a particularly attractive froth elevation. The Agreement contained various addenda and exhibits, including a set of the standardized Sholz Design plans totaling 13 pages which were incorporated by reference into the Agreement_ Certain modifications or alterations to the standardized design were agreed to as part of the Agreement and confirmed in a number of descriptive narrative specifications relative to the home; sketched markings on em standardized plans themselves; and sketched reductions of the plans attached to the Agreement, After much discussion and negotiation,my clients entered Into the Agreement with Timtwftnd in reasonable good faith reliance upon the express and implied assurance$that the house they contracted to purchase would be constructed and presented to them consistent with the spedfications and designs sot forth in and/or Incorporated into the contract. Based upon a review of the Agreement and the plants and"ciffications incorporated into the Agmement;upon a review of the records maintained by the Building Department of the Town of North Andover relative to the wn3truction of the re3sioence to be purchased by the Browns: upon a review of Orders of Conditions issued by the Conservation Commission of the Town of North Andover; upon discussions wide repre eMbves of the Conservation Commission; upon o0servation of the structure k1-1 5 PM r RON WHOH T v SALES b i /2�it3y55� P. 5 Page Two Itself; and upon lengthy discussions with my clients, it is clear that Timberland is in default or breach of a number of provisions of the Agreement The provisions subject to default in the order in which those provisions appear in the Agreement include the following_ 1. The Agrvament which was executed on or about,tune 4, 9997,calls for a dosing date of October 1, 1997, or".,.sooner by mutual agreement.". Due to extensive periods of inactivity on behalf of your staff. the proposed structure remains still far from ready for occupation and/or compliance with your obligations under the Agreement. On or aboot June 30, 1997, your brokers sought and received a written extension on the dosing date from October 1st unfit October 15th. A copy of that extension was secured from your broker. Although them ttsve been unsubstanbated claims of further agreed extensions, it is irftresting to note that your broker also forwarded a proposed extension dated October 15, 1997. seeking to extend from October 15th to October 31st or November 21st, confirming no signature by any party to the Agreement. Under the terms of the Agreement Timbariand does have a right to extend the closing date thirty days to bring the premises into compliance under conditions that written notice of the intent to extend is provided. No such notice has been provided at this time. 2. . Paragraph 3 of the Agreement states that the residence will be built".., per attached specifications...". As referenced above.the attached specifics ors include ton pages of specifications and addenda and sketch plans, as well as the attached standardized Scholz plans. There are numerous and dramatic inconsistencies between the structure as it presently exists and the proposed residance under the terms of the Agreement. Those inconsistencies, of which we are presently aware, include the Wowing; a. The proposed retocation of the master suite from the fast to the second floor raised some concem to the buyers as to the possible effect on the street appeal of the proposed structure. The buyers were assured by Mr. Steve Kerata. your agent, as can be confirmed by markings made on the front elevation portion of Sheet I attached to the Agreement and filed with the Office of the 11301ding Inspector, that the change in the location of the master suite would require only tyre construction of a shed donor along the portion of the house above the living room, study and extended family room. Unfortunately. my clients were also dissuaded from engaging We sere' of an architect as they were assured that such services would be unnecessary. Subsequently. when city client first viewed Mr. KeratWs a0justmentto the home they wens shocked, as, I am sure.are others who visit the neighborhood by the manner in which the entire street appeal of the structure was destroyed wtien the roafiine was extended far in excess of the skwh(and incidentally far in excess of the recently amended sketch plan submitted to the ®utiding Inspector in OctoW. The building is now out of character with the quality and design of homes in the neighborhood and is totally inconsistent WWI the design accepted and expected by my clients. b. The description of the proposed master suite set forth in the written specifications and depicted in the sketch plans attached confirm that the proposed second floor master suite bathroom, was to have been the Maws equivalent to the suite as depicted in the standardized plans. The master bath was to have been the same layout and size as the o /gins!design and was to incivoe a those-panel frameless shower feature,which cannot now be accommodated in this substandard-size bathroom, The sketch of the relocated master suit prepared tsy Mr. Kersta and attached to the Agreement shows a master suite comparative in size and layout to that which was originally on the first floor. That plan, speCifiCelly referenced in the Agreement, constitutes an assurance of a similar layout 11-10-1997 1 :57PH FROM WHDH Tv SALES 6172489553 P. 4 Page Three for the second floor. These iQn inconsistencies, coupled with fir. Kerata's insistence on proceeding without input from an archtteCt, have been the undoing of my clients in this matter. C, As can be confirmed both from the narrative description of the foyer and a review of the detail added to Sheet 2 of the standardized plans relating to the entry foyer, the staircase to servo the second floor was to De curved. This was a critical design issue to the Browns and is Ono which Mr. Kerala has seen fit to ignore. The Browns have been advised that such a staircase could certainly have been provided but that adjustments in the basic structure would have been necessary.-It Is apparent that Mr. Kerala squght to save expense necessary to accommodate Tonbedand's commitment regarding the curved staircase, all without agreement by my clients. As it presently exists the entry foyer is in nort-conformity and is totally unacceptable. d. The written spetif ationS establish that the realignment of 3t1e rKst floor area was to have provided a study, which was to be equal In size to the extended Jiving room. It is clear from an inspection of the amended sketch plans filed with the Building Inspector that this commitment has also not been satisfied. e. The written specifications establish that the realignment of the first floor area was to have provided that access.110 the Study was to have been by"F=rench doors off study to adjacent hallway in front of family room.'. This requirement has also not been satisfied in the structure as built and as described to the Building inspector in the amended plans. f. The written specifications establish that the realignment of the first floor area was to have provided that there was to have been a hallway running from the study across the wall Of ft family room facing the front of the house through the kitchen to the laundry room. The sketch plans submitted to the Building Inspector confirm that this hallway has been omitted by Mr. Kerala in violation of dw terms of the Agreement. g. The written specifications and the attached sketch plans establish that a deck measuring 16 feet by 30t feet and spanning the entire rear wall of the family room was to have been constructed. That deck does not presently exist; and, under the provisions of the Orders of Conditions specifically relating to this Lot(discussed in further detail below), the deck cannot be btrilt without encroaching into a so-called"no-construction zone". 3. Paragraph 4 mquires good dear record and marketable title, except for certain matters. a. it should be noted that there is no exception for the Orders of Conditions, conservation issues, requirement of clear record and marketable title. The only exception which mates to the present instance is one relative to easements and restrictions 'do not substantiaily affect the use of the property as a single-family". As will be discussed below, your Agreement contains affirmative statements obviously intended to be relied upon by the Browns to the effect that Lot 94 was not subject to any Orders of Conditions. Rather. as we learned last week to the surprise and disappointment of the Browns.Lot 14 is subject to a very significant easement for a drainage facility including a portion of a large retention basin. Further, restrictions have been places on improvements to the lot by the Conservation Commission which significantly impedes the use and enjoyment of the premises as a single-family home. The presence of the ominage easement and retention basin, along with intrusive 11-10-1997 1 :s6PM FROM wHDH Tv SALES 6172489553 P. 3 Page pour rights of maintenance given to the municipality, exposes the gowns to significant risk Of disruption in their family life, and anticipated landscaping to their residence. Those provisions are clearly inconsistent with normal single-residence use. In addition, as the 9"Wit drawing prepared on your behalf Confirms. the foundation of the structure itself is within feet, if not inches, of the"no-construction- line, and only approximately twenty-five feet from the nor-distu bance line. Effectively, the bars the ability of the Browns to enjoy ft decic which was promised to them and rurtner prohibits any future enjoyment of a sigNtiicant portion of their backyard. In fact, it would appeOt that their backyard can only extend approximately 25 feet from the rear of this rather large and imposing structure. Finally, the conservation restrictions also prohibit the wse of pesticides.thereby exposing the Browns, their family members and guests to the likelihood of being swarmed by mosquitoes and other insects certain to frequent and breed in the retention pond which they have now learned encroaches onto Lot 14. b. Both the subdivision plan and mortgage plot pion done for the gowns' prospective tender indicate the existence of a so-called"gravel road". The presence of Such a road on a subdivision plan raises ashous title questions which I believe have been posed to your attorney by the Browns'title counsel. In response to direct a question relative to that road.Timberland's attorney provided an unsubstantiated statemom in a letter dated October 17th claiming that"The old gravel road as shown on the plan was not a right-of-way and was merely shown as existing on the ground. It has been extinguished and I do not believe it is a title issue.". This response is unsatisfactory and unacceptable in the absence of evidence as to the manner in wnich rights in the gravel road were extingutshed as Timberland's counsel alleges. 4. Paragraph 9 states that the proposed improvements vM be built in accordance with ail requirements of the State Buitding codc it is char from the re=ds of the Building Inspectors Office that you have been in default of this provision in that you filed inamrste plans for the proposed structure at the time that the original building permit was obtained. The plans as filed by you failed to include the significant changes that wen►made raia0ve to the location and layout of the master suite, the size of the family room, the prospective addition of a deck, the redesign of the first floor relative to a study, living room and dining room, the curved stairway in the front foyer and all necessary structural detail to confirm safety of tht proposed relotation of the masher suite to the second floor. Even as now amended, the plans apparently fail to satisfy the State Building Code in that they demonstrate no review and approval of fire protection facilities by the local Fire Department, 5.. Paragraph 27.2 of the Agreement contains a provision acknowledging that,while there are outstanding Orders of Conditions relative to the subdivision, they do not affect Lott 14. The buyers are then "innocently'asked to accept such permanent provisions'may"exist in tine outstanding Orders of Conditions for the entire Subdivision to the extent they impact on Lot 14 avid agree that the Buyers will take title subject to such undisclosed provisions. This rather cleverly-worded provision was obviously intended to entice the Buyers into signing tht Agreement without requiring full disftsure of all existing Orders of Conditions. Those outstanding Orders of Conditions directly affecting Lot 14 were issued by the North Andover Conservation Commission in October of 1995 and in June of 199e and were well known to Timberland and its agents at the time the Agreement was negotiated and executed. Those Orders of Conditions requiire, slmong other Things, a 25-foot non-disturbance zont and a 50-foot no- oonstruction z0ft across much of Lot 14; the granting of a significant drainage eftemCnt along the property fine between Lots 14 and 15; and an easement for a retention pond which encroaches extensively onto Lot 14. These provisions are inconsistent with the understanding of the parties at the 11-10-1997 1 :59PM FROM 'WHDH Tv SALES 6172489553 P. 7 Page Five time that the Agreement was OX"UW and with the statements made to the buyers both prior and subsequent to the execution of the Agreement. As an additional example of the callous manner in whioh Mr. Kerata has dealt with my clients from the onset, l would also tike to kftrm you of his dealings regaming a very specific and adtieaaole request made by Mrs. Brown relative to selection of 2'by 0' glass door panes to be installed in the family room. Mrs. Brown specifically selected dais manufactured and sold by Rivca and arranged for a site visit and measurements to be done by Mr. Paul Collins. She informed Mr. Karate of her choice and provided him with the product of Mr.Collins'work.a Riveo catalog and the speafiCations on the doors requested. Notwithstanding this effort and specific request by Mrs_ Brown ana the Browns' express willingness to pay any increase in cost which tPte Rivco doom might have generated, Mr. Karate, after weeks of delay, ordered and installed 3'by B`glass panels from a manufacturer of his choosing. Based upon the foregoing,it should be clear that Timberland is in significant default of its obligations under 010 Agreement executed between Timberland and my clients. The scope and nature of the deficiencies involved are such that cure of the dofautts is virtually impossible. in addition to the express defaults, actions of Timberland. including those undertaken by Mr. Kerata, Timberland's appointed Wide(, throughout his dealings with the Browns, constitute a breach of the implied covenant of good faith and fair dealing recognized to exist in the Commonwealth of Massachusetts. These defaults by TiMberland have exposed ttlee Browns to significant losses, artgoing emotional distress and unnecessary and unwarranted financial expense. The actions of TinlWand and its duly authorized agents also Constitute violations of MVlassgchuseft General Laws,Chapter 93A, Section 1 et seq. That statute, commonly referred to as the Consumer Protection Act, makes it unlawfuf for parties engaged in traae or commerce, such as Timberland, to engage in unfair and/or deeeptive ac%s or practices in their dealings with consumers, such as the Browns. Unilateral and heavy-handed actions taken by Mr. Karate in permitting wholesale changes to the residence promised to the Browns without prior notifiCation or agreement. at a time when he know of the Browns'reliance upon him, is clearly a willful and unfair act. Further, the failure of Timberland and its authorized agents to disdose to the Browns the existence of the two outstanding Orders of Conditions direCtly impacting Lot 14 constitutes an "oppmssive or otherwise unconscionabie"act as defined in 940 C.M.R. 318(2)of the regulations promulgated by the Office of the Attorney General under the provisions of Massachusetts General Laws.Chapter 93A. The provisions of the regulations cited state as tollowS: "Without limiting the scope of any other rule, regulation or stab t . an act or practice is in violation of M.G.L., Chapter 93A, Section 2, if: (2)any Pierson or other legal sntity subject to this Act fails to disclose to a buyer or prospective buyer any fact, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction;". Clearly, given the scope of the impact which the outstanding Orders of Conditions have on lot 14. the disclosure of the existence of those Orders of Conditions and their particular terms, requirements and restrictions was of a nature which"may influence" (rather Certainty would have influenced)the Buyem not to enter into the Agreement for the purchase of Lot 14 and such diszlosure should have Deen made. 11-10-1997 1 =S8PM FROM WHOH Tv SALES 6172489SS3 P. 6 page Six You should be advised that, under the provisions of Massachusetts General Laws, Chapter 93A, the Browns are entitled, in the event of litigation, to pursue reimbursement for their attomey's fees incurred as a result of your actions and to pursue double or triple the damages they incur as a result of those actions unless, within a period of thirty days from your receipt of this letter, you tender a offer of settlement of this matter,which is subsequently deemed by a vier of fact to be reasonable under the circumstances of this matter. At the present time, the Browns are out-of-packet for$56,800, representing the deposit tendered under mo terms of the Agreement.approximately$6,000 paid for personalty and fixtures to be installed in the subject residence; $2,000 for a relocation move which they were forced to undertake at the end of last week when the proposed structure was not ready for their occupancy:$500 for storage charges(to be incurred on a monthly basis until alternative living quarter are located);and anticipated rental expense of$1,500 per month (the rental rate they were paying on their previous residenm) until a suitable alternative residence is)=too, They hfte also lost the use and income which Could nave been generated by the deposit,which has been held by your broker. Finally.et[of Me Browns have been subjected to significant emotional distress as a result of your actiorts and those of your duly-authorized agents. I nave discussed the various remedies and theories of recovery available to the Browns with them and fool confident that their recovery will far exceed the expanses and sums set forth above_ Notwithstanding my opinion and without in any way waiving their rights or your obligations under Massachusetts Gen"Laws, Chapter 93A,or any other theory of recovery, the Browns have authorized me to include within this 93A demand a statement of their conditional agreement to rive this matter in the short-tam based solely upon the refund of their entice deposit of$56,900, plus reimWrsemerrt of any portion of the $6,000 in deposits and payments made for fixtures and personalty Which is not recoverable to the Browns. If this deposit is refunded to the Browns on or before 5 p.m, on Monday, November 17. 1997, and a written agreement to reimburse the Browns for non-recoverable deposits to the limit of WOW is tendered, the Browns wig then execute mutual or reciprocal releases with Timberland and fmgo any efforts to recover any of the darnaps which they have incurred and Continue to ino,ir as a result of wrongdoing by Thnberland and its authorized agents in this matter, I look forward to hearing from you or your legal representative at your eartiegt convenience, V ty yr�urs, lly, squire Jtr,Jr./spt cc' Dr. and Mrs. Brown Fred Fisichielli @ ReMax Prefermd(308-7 048-9) George Rand, Esquiev,by fax{978_7A ) OY FAX TRAffrSMt8S19 N WO-237.3539) By CERTMEB MAIL,RETURN RECEIPT RWUE3TE® BY COURIER Town of ort Andover NORTH of , o q OFFICE OF �� "A ,. °' 10 COMMUNITY DEVELOPMENT AND SE VICES p 30 School Street North Andover,Massachusetts 01845 sgcHUS�t�y WILLIAM J. SCOTT Director Memorandum TO: BUILDING, PLANNING, T TION FROM: WILLIAM J. SCOTT RE: LOT 14 JARED , 83 HER 0O IVE DATE: NOVEMBER 10, 1997 I received a phone call from a Mrs. Brown who has been involved with her husband in the purchase of a home at lot 14 Jared Place. The builders that Mrs. Brown has a concern with are; Steve Corretta, Robert Janos and Robert Innis. She indicated several problems with the difference between what was promised and what the contractor is intending on delivering. I would ask that each department prepare a file for the above lot and forward to me with a memorandum indicating the chronology for this lot. Please also inspect the premises and determine if there are any violations or deviations from the original plans. If there are violations or deviations from the plan take the appropriate remedies. Please return copies of plans and other documents to me by Monday November 17th . CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 ° PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET 1 ? I Tfl()MAS r ASSOCIXFEdS C July 25, 1997 Ms. Susan Ford Board of Health 30 School Street North Andover, MA 01845 Re: Lot 14 Sherwood Drive Dear Susan: Find enclosed the floor plan for Lot 14 Sherwood Drive. Although the plans says its for Lot 15 this is the floor plan for Lot 14 pursuant to Timberland Builders. If you have any questions or require additional information please do not hesitate to contact me, Very truly yours, THOMAS E. NEVE ASSOCIATES, INC, Kathy Molina Personal Assistant Enclosure 41449 JAN14•WPS ENGINEERS o a LAND SUBV YC RSE LAND USE PLANNERS 447 Old Boston Road U.S. Route 141 Topsfie;ld, MA 01983 (508) 887-8586 FAX (508) 887-3480 r oc Uci rD ZH rD 33'-4' �o >17) II Li � =pn� N N - Iu �o jip 77 � wN OZ AI OO � _ Z a r �Z r � o °a000m r � IV1111 IlIliU O A $ pA nH 3iN t O FO r r 'n p pm r� D IIIII11j W1llli z I= m r. V I t 81 e 9 Z a o unluunuruu ;� 4{ '� n C O N r —10 liv _ Amp — 1�ti.L`? � IIIIIIIIIIIIIIIIII � � '. 1 Town of North Andover O f NORTH .1 OFFICE OF �� `"". '61e 0 L COMMUNITY DEVELOPMENT SERVICES �% 146 Main Street 1 North Andover, Massachusetts 01845 �'°�`q;C "�5 WILLIAM J. SCOTT 9SSAwuSE� Director r September 11, 1996 Neve Associates 447 Old Boston Road Topsfield, MA 01983 Re: Lot # 7,12, 14, 16 Sherwood Drive Dear Tom: This is to inform you that the proposed plans for the sites referenced above have been approved. If you have any questions, please do not hesitate to call the Board of Health Office at the number below. Sincerely, Sandra Starr, R.S., Health Administrator S S/cj p cc: Bob Janusz BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover F NORTH 1 OFFICE OF ��o t,,.t o ' Al < COMMUNITY DEVELOPMENT AND SERVICES ° . p 146 Main Street " 1 North Andover, Massachusetts 01845 SSACHUS� June 11, 1996 Mr. Thomas Neve Neve Associates 447 Old Boston Road Topsfield, MA 01983 Re: Lot #14 Sherwood Drive Dear Tom: This is to inform you that the proposed plans for the site referenced above have been disapproved for the following reasons: 1. No wetlands disclaimer. 2. Tank not 25 feet to cellar. No manhole to grade. 3. Design flow not based on 110 GPD w/660 GPD minimum. 4. Leach area not 35 feet to foundation. 5. Please show elevation of A&B soil removal plus 6 inches on profile. 6. Map & parcel missing. 7. Please note for future reference that soil logs are incomplete: missing soil colors, structure. Soil mottling column should have mottle colors, abundance, & size. 8. Leach area less than 100 feet from drain (N.A. 4.18). 9. Per: elevations mussing. 10. Note concerning excavation 6 inches into parent. If you have any questions, please do not hesitate to call the Health Office. Sincerely, Sandra Starr R.S., Health Administrator SS/cjp cc: Bob Janusz BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 DATE �' ! � Sheet of BOARD OF HEALTH TOWN OF NORTH ANDOVER SUBSURFACE DISPOSAL DESIGN REVIEW FEES PERMIT # DATE RECEIVED APPLICANT _'-BOB of ,4AJ03Z- ASSESSOR' S MAP ADDRESS PARCEL # LOT # / STREET _B)11i5e e�C')o z) e ENGINEER /��/C;� ADDRESS PLAN DATE / REVISION DATE CONDITIONS OF APPROVAL: APPROVED DISAPPROVED .� � TP/)�-/ /v0 F C eeC,,9& . Nth M/9 NN066" 7 C�� D� 3 ��SiGiV �°�otcJ /UOT° ."Z319-66;-6 e- /moo !�7 GL C� /v1�55/k%C ,:3616 A40 i7-G lAJ 6 C�o_1 v A' i�o i� UC o rrc C0661<5111 z /wig 1 '� 7 �/�✓ C�, /�. �� Town of North Andover of "°DT", ti OFFICE OF �� y�. '6 ° COMMUNITY DEVELOPMENT AND SERVICES 0 p * , 146 Main Street � 2 North Andover, Massachusetts 01845 SSACHUS� April 17, 1996 Mr. Thomas Neve Neve Associates 447 Old Boston Road Topsfield, MA 01983 Re: Lots 3,4,5,7,14,15,16,12,&19 Sherwood Drive The above named lots at Sherwood Drive have been incompletely submitted. The submission of new designs after January 1, 1996 requires the inclusion of soil evaluation forms. Until these forms have been received, the above mentioned plans will not be considered submitted. Should you have any questions, please call me at the number below. Sincerely, Sandra Starr, R.S. Health Administrator SS/cjp BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 PLAN REVIEW CHECKLIST > , . ADDRESS /- -� �, .. ENGINEER GENERAL 3 COPIES W°" STAMP LOCUS ��-��." NORTH ARROW �.�"" SCALE ` CONTOURS PROFILE "' SECTION BENCHMARK °° °° w SOIL & PERCS ELEVATIONS WETS . DISCLAIMER,,., WELLS & WE WATERSHED?J DRIVEWAY -°""°(E1ev) WATER LINE "" FDN DRAIN SCH40 + " TESTS CURRENT? ✓ SOIL EVAL ;j, f � ..s 6 SEPTIC TANK MIN 150OG " . 17 INVERT DROP ,."° ""' GARB. GRINDER ✓1)Z-) (+200% EDF) 25 ' TO CELLAR,,� � MANHOLE, ELEV GW # COMPS ._ D-BOX SIZE # LINES 6;z FIRST 2 ' LEVEL STATEMENT INLET , - OUTLET (2" OR . 17 FT) TEE REQ' D? LEACHING MIN 660 GPD?�. „`"" RESERVE AREA t-, 4 ' FROM PRIMARY? ° 2-0. SLOPE 1001 TO WETLANDS 1001 TO WELLS 4 TO S .H. GW (5 > � �.� �.. ' 2M/IN) 35 ' TO FND & INTRCPTR DRAINS \,,, "' 325 ' TO SURFACE H2O SUPP 4 ' PERM. SOIL BELOW FACILITY -°°'" MIN 12" COVER hpµ ,,.. FILL? - (25 ' if above natural elev; 101if below) BREAKOUT MET? TRENCHES MIN 660 gpd SLOPE (min . 005 or 6'1/1001 ) c-,-' SIDEWALL DIST. 3X EFF. ' " ? IN FILL? MUST W OR D (MIN 6 ) +�-� RESERVE BETWEEN TRENCHES. C.."-��" �----•",..... BE 10 ' MIN. t 4 11 PEA STONE? '" VENT? "-- (>3 ' COVER; LINES >501 ) BOT 4-06 + SIDE O O X LDNG 4", = TOT (L x W x #) (DxLx2x#) (G/ft2) Copyright a 1995 by S.L. Sum ii April 16, 1998 Town of North Andover Office of Community Development and Services 30 School Street North Andover, MA 01845 Attn: Susan Ford, Health Inspector Dear Ms. Ford: We are in receipt of your letter dated April 13, 1998, received in the mail April 15, 1998 explaining your violation stated in 310 CMR 15.248(2). This letter will serve as our notice requesting a hearing before the Board of Health requesting a modification or withdraw of your ordinance. We await your reply in working out a schedule for our meeting. We can be reached at the following numbers: y Mr. &Mrs. Frank Fradella's residence (978) 794-6899 Mr. Frank Fradella's office(603) 890-3680, Extension 14 Thanks in advance for your cooperation. Sincerely, z t p p , CATHERINE A. FRADELLA 83 Sherwood Drive , North Andover, MA 01845 a„ fi4 r, uuumwwmuw�wuiuuummmmimmuwwwwmumuuwuaummmmmmuummuummmmimmummmmmmmmmmmmmmumuumimuww�aiv�u�umu�iw�na��ouvuoiuimmmuv�u�timm��a witi�u�uviti�riuuuuuuou�uwe��uiiH��aoiG�iwwemiowe��a��a�i�� iu wrvivawnreuu��wumvar�u��miu�wxa�rrcr�errc✓mw�rGOmma�iui��muwmwuino��u�uv�o��uuti vxx�n�uuau��uaou�»uea un�u��iGU�mmimoimuuuuuuouaiouuuuuuuuu�i��iiii ii ii uui yid � ��u»umw�w�ua��uaumu am uuuuuuuuuuuuumiiiimiimmmiimmmmmmi°i°mm um � u�,u� E�0 FORM U LOT RELEASE FORM - INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable local or state law, regulations or requirements. *****************Applicant fills out this section***************** APPLICANT: �c�� S Phone LOCATION: Assessor' s Map Number (dQ Parcel Subdivision Lot(s) Street L�Q T)7-1) St. Number ************************Official Use Only************************ RECOMMENDATIONS OF TOWN AGENTS: Date Approved Conservation Administrator Date Rejected Comments Date Approved Town Planner Date Rejected Comments Date Approved Food Inspector-Health Date Rejected Date Approved _._.Sept,i-'c fnspector=Health Date Rejected Comments i Public Works - sewer/water connections LJ - driveway permit Fire Department Received by Building Inspector Date _ SEPTIC PLAN SUBMITTALS LQCATION: t rte—�J NEW PLANS: YES $60.00/Plan REVISED PLANS: YES $25.00/Plan 2, DATE: i I DESIGN ENGINEER: When the submission is all in place, route to the Health Secretary Town of North Andover, Massachusetts F°'"'"' s NORTH BOARD OF HEALTH O 19 p DESIGN APPROVAL FOR ss"CM°5 SOIL ABSORPTION SEWAGE DISPOSAL SYSTEM Applicant Test No. Site Location t Reference Plans and Specs. //L/)A , ENGINEER DESIGN -DATE Permission is granted for an individual soil absorption sewage disposal system to be installed in accordance with regulations of Board of Health. _ CL/ CHAIRMAN,BOARD OF HEALTH Fee �'c Site System Permit No.