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Miscellaneous - 148 MAIN STREET
Town of North Andover ct ,►ORT/ Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " „r * North Andover,Massachusetts 01845 'sS�cNugEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&December10, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square,P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 20024050 North Andover,MA 01845 TYPING DATE:June 14,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,June 8,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,300 Brickstone Square,P.O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F.Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P.McIntyre and 2nd by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds that the applicant will have only 3 Board members who have heard all the applicant's evidence,the mandated qualification to vote. This is the last Board meeting where the applicant will have a quorum for the petition. Since December 10,2002,the applicant has requested the Board to waive time constraints in order that the concurrent court case could be resolved. The applicant requested the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, C`3 Walter F.Soule,Vice Chairman Decision2002-050. c WON. -7 = Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 05/10/U4 12:18 fAl 878 470 0616 DEVINE 91LLIMEI BRANCH 4j uvZ Jan 06 04 02: 55p NORTH ANDOVER 9786889542 p. 1 'town of North Andover Board of A eals Office of the Zoning PP zuty Develo meat an d Services Division • Comlonu 27 CCharles Street ;_;::::�• r-K NUSE North Andover,Massachusetts 01845 Telephone(978)688-9541 D. RobertNiceua Fax (978)fS8-954: Building Commissioner Date 5 TO: Town of North Andover Zoning Board of Apps r., 27 Charles Street North A =over MA 01845 " 0 ' please be advised that I have agreed to waive the time constra'nts for the North Andover Zoning Board of APPeals to make a decision regarding the me$ of a ' variance Specie!Permit" h Perunt(40B)' F for property located at' STREET: 148A Main S TOWN: North Andover TO MEETING DA.TE(S)-- June 8, 2004 NAME OF PA- w Trust 978-475-9100 Signed: petitioner'S representative) oe . voie, Esquire Devine, Millimet & Branch, P.A. 300 Brickstone Square, 9th Floor Andover, SSA 01810 WAIVER Board p ppcnli 978-688-4 41 wilding 973-"9- 4$ Co„swa�i°e 9 78'688.9330 HoaM 978 Fi88-9540 Plaaning 97S-6&&9535 9535 C M MAY 1 1 2004 D BOARD OF APPEALS 11/13/03 14:14 FAX 978 470 0618 DEVINE MILLIMET BRANCH_ 10002 'down of North Ajidover • Bo=d of Appel • office of the 20136 Covamuuit9 Developmmt and Sesva�ces n w 4 27 GbarZes Stet 1 Narth Aadovar,Maw-ad01845 Talephozie(978} D. Roberr Nicctta . Rax (978){,BS-9542 Building Commissioner Date ber 3 200 To. Town ofNorth Andover Zany Board of Appeg'l-s 27 Cbar}es SUeet North Ando'vet mA 01$45 the time cow fiar the North. plea=be advised' 1 b� Ww$ �ft of a ,pndovra'Zobna$Hoard of� _ �p�v- a Pia(40131, F' for pi0pert910c ated at S'ntEET: 14 M Main Street i4ovex MA 01845 TOWN-- • TO MEE��T DAMS). January 13', '2004 6regorY P. Smith aad Will Real Thr NAME OF pET1TI Robert W. Lavoie, Esq- > cI _ Devine, millimet & Branreb,-, P-A,• 300 Brickstone Square, 9th F1ooa ;, Andover, MA 01810 wNV 978:6ss•As30 lh*hb �a4 PlamieS9a8.686AS35 $oard�'APP°°�978-b8&?541 Rnid�S`3' s-� . NOV 13 2,00 B0r r`'"r)OF AP _' 0 -Py- 10/10/17 TLE 03:00 FAX 10001 Rue 28 03 12:24p NORTH RNBOVER 9?86889542 p.2 Towim of North Andover , Office of the Zemdng Board of Appeals Ctfmnittnrty l3evelop7rleoI sad Sesvig"Division 27 street North Andover,Memachasetts O1S45 D. Robert Nicetta Telephone(978)69-9%1 Budding CbrmmiWoner Fax (97'8)688%Q Deft ''�✓' � C-M TO: Town of North Andover Zoning Hoard ofAppeals 27 Charies Street -r NoM Andover MA 41345 Please be advised that Y have agreed to waive the tame constraints for the North Cn - Apdaver Zoning Board of Appeals to make a decision regarding the ming of a o Var�nae Sped!Permitt- c ssva P (ang; Fis�g EDV prapOny locatedatt: STREET: PftL� M04 t-I �T. �►► TOWN: ! 4'191B A /£ 2- MAC TO IM-MG DATE(S): NAME OF PFT! QNER ( ` Z)M Signed: s Petitio ar s t+�esentstive� wAwse � Board of App 97i-6�B-933 I RuiMing97�6aP-'34] C�+a 911t.4tf1.9S3ts iLutm 17�68i-9540 lM.��9n688�J135 Ddb DSEP 2 - 2003 SEP 3 - 2003 BOARD OF APPEALS BOARD OF APPEALS TOWN OF NORTH ANDOVER FINDING ,vm�� �r , �_ E iaT ZONING BOARD OF APPEALS � � p Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. j requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office j STEP 1: ADMINISTRATOR PERMIT DENIAL: of the ZoningAppeals and delivers the Board of ppe legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a FINDING. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). ' L - s s ,t . „_... <. s O CD ,4 IMPORTANT PHONE NUMBERS: � -:u--I :.� rirz 1 A�� f 978-688-9541 Zoning Board of Appeals Office r->.< 978-688-9501 Town Clerk's Office b o� r' 978-688-9545 Building Department c ! cJ- Page 2 of 4 Date&Time Stamp Application fora FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Gregory P Smith and Stone Mill Realty Tjn,Gt - c/o Devine, Millimet & Branch, P.A. _ 10 300 Brickstone Sque ar , P-0- Rox jA, Anrint�Ar Hte 0I R10 Ta `The petitioner shaft be entered on the iegai notice and the deasion as entered a6m. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Stone Mill Realty Trust, c/o GSD Associates, 148 Main St. , Bldg. A, North Andover, MA tg+ yrs) and R„trnn Pond Condominium Trust c/o Charles A Perkins Jr Esa. . 73- Pr;iUcCtg4, North fielmstora, rug Mol Years Owned Land: 8+ years 3. Location of Property: a. Street: 148 Main Street. Bldg. A Zoning District = 'Z b. Assessors: Map number40,Lot Number: 4 c. Registry of Deeds: Book Number 3840 Page Number: 33 1 For Condominium: Book Number 3840 Page Number: 37 i 4.Zoning Sections under which the petition for the Finding is made. 10.1 and 10.4 { i "Refer to the Permit Deniai and Zoning By-Law Pian RrAew as supplied by the Building Commissioner 5. Describe the Finding request: i The Petitioner is entitled to obtain enforcement action by the Building Commissioner againGr the continued violatiQn Qf SRecial Permit Condition 9(b) and 9(c) by the Sutton ! Pond Condominium Trust, as set forth on Additional Sheet 5 attached hereto. i 'The above description shall be used for the purpose of the legal notice and decision. A more detailed destription Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this applkatlon.Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant The decision will be limited to the request by the applicant and will not Irnrolve additional Items not included above. i 6a, Difference from Zoning By-LAW requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are In the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking "` Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. N/A % Page 3 of 4 Application for a FINDING NORTH ANDOVER ZONING BOARD OF APPEALS 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A % r c. Proposed Lot (S): E Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear b N/A o� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A % 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* N/A 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* N/A *Reference Use Code numbers and Uses from tfie Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. n Signature l I L20t t t Siva l /Pn-04tAA (�a,�c V dr1� -/vt—Fa Type above name (s) here Gregory P. Smith, individually and as Trustee of Stone Mill Realty Trust PAGE 4OF4 FINDING North Andover Zoning Board of Appeals f� 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a 10 C. FEATURES TO BE INDICATED ON PLAN finding when the following points based on MGLA ch. A. Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district(s) identified and factually supported: Addressing each of 3. names of streets the below points individually is required with this 4. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure structure. 7. deed restrictions, easements B. Legend&Graphic Aids: B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines&outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS: be accompanied by the following described plan. Plans Major Projects shall require that in addition to the above must be submitted with this application to the Town features, plans must show detailed utilities, soils, and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor 10 A. Major Projects projects include decks, sheds,&garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed: a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, c) 2000 square feet or more of building area. 11. APPLICATION FILING FEES Minor projects that are less than the above limits shall A. Notification Fees:Applicant is to send by certified require only the plan information as indicated with an mal all legal notices to all abutters, and then supply asterisks(*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required. supply stamps(appropriate current postage)for mailing of decisions to all parties of interest as 10. B. Plan Specifications: identified in MGLA ch. 40A, sec. 11 as listed on the a) Size of plan: Ten (10) copies of a plan not to application. ZBA Secretary will compute number ofstamps. exceed 11°x17" preferred scale of 1" =40'. b) Plan prepared by a Registered Professional B. Applicant is to supply one(1)set of addressed labels of abutters to ZBA Secretary who will mail Engineer and/or Land Surveyor, with a block for five decisions to abutters and parties in interest. ZBA signatures and date on mylar. C. Administrative fee of$50.00 per application. Town of North Andover, Zoning Board of ADpeals Parties of Interest/Abutters Listin REQUIREMENT: MGL 40A,Section 11 states in part 4 Parties in Interest as used in this chapter shall mean the petitioner,abutters,owners of land directly opposite on any public or private street or way,and abutters to abutters within three hundred (300)feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town,and the planning board of every abutting city or town." Applicant's property,list by map,parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS , ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS I THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF ADDITIONAL SHEET 5 Describe the Finding Request 1. This Application for a FINDING (the "Application") is brought pursuant to Massachusetts General Laws Chapter 40A and Section 10.4 of the North Andover Zoning By-Law (the `By-Law"); in particular, the Application represents an appeal taken to the Zoning Board of Appeals ("ZBA") by the Petitioner who is aggrieved by reason of his inability to obtain enforcement action from the Building Inspector, all is more fully appears below. 2. Section 10.1 of the By-Law (entitled "Enforcement") states "The North Andover Zoning By-Law shall be enforced by the North Andover Building Inspector." Pursuant to the provisions of By-Law Section 10.1, Petitioner informed the Building Inspector in writing of a violation of the By-Law consisting of failure by the owner of the land, naming the Sutton Pond Condominium Trust, to adhere to the provisions of the 1992 Special Permit allowing the creation, construction and operation of the Sutton Pond Condominium. 3. Attached to this Petition are the following four use sub-entries: (i) June 18, 2002 Complaint Letter of Devine, Millimet &Branch addressed to the Building Commissioner and Zoning Enforcement Officer; (ii) July 13, 2002 correspondence of the Building Commissioner addressed to Devine, Millimet & Branch; (iii) July 24, 2002 Complaint Letter of the Petitioner addressed to the Building Commissioner, the Director of Public Works and the Board of Health Director; and (iv) August 30, 2002 Denial Letter of the Building Commissioner addressed to the Petitioner. 4. As detailed in the Exhibits attached to the Application, the Special Permit dated December 22, 1992 and recorded with the Registry of Deeds at Book 3675, Page 220 contains the following Condition No. 9(c): "The existing pumping station adjacent to the office building will be demolished. The applicant will install an individual grinder-ejector pump to the lift station at the courtyard location." Furthermore, the Special Permit requires repair, replacement and maintenance of all utilities within Sutton Pond Condominium's common areas. 5. The Building Inspector issued a denial letter dated August 30, 2002 addressed to the Petitioner and declined to take any action as the Building Commissioner/Zoning Enforcement Officer against the matters complained in the Petitioner's July 24, 2002 Complaint Letter. 6. The Complaint of the Petitioner is fairly straight forward: the Special Permit is clear in Condition No. 9(b) and (c) as to how the sewer pumping station and collection systems were to operate, and that an individual grinder-ejector pump to the lift station at the courtyard location would be installed. The Petitioner's complaint is precisely this: {13041\59266\AO033128.I) This Condition No. 9 has never been adhered to by Sutton Pond Condominium Trust or its predecessors in title. 7. The facts are that this work has never been performed, and the Petitioner has brought this matter to the attention to the Building Inspector. While it is understandable that the Building Inspector finds that there is insufficient documentation, (especially relative to the DPW's statement in its January 25, 2000 correspondence namely: "We could not find any specific records for the inspection and testing of the sewer pumping station which no serves your client's building'), the fact of the matter is that Sutton Pond Condominium Trust (and/or its predecessors in title) were to have supplied such inspection and testing and are responsible for the absence of there being any specific records with the DPW. 8. When granted, the Special Permit Granting Authority insisted by Condition No. 9 that this important public health situation regarding sewerage would be properly addressed as a pre-condition to the creation of the multi-use plan development including Petitioner's building and 188 residential condominium units. The lack of compliance by Sutton Pond Condominium Trust (and/or its predecessors in title) is in clear violation of the Special Permit, and the Petitioner by asking for the Building Inspector to enforce the By-Law, and in particular Special Permit Condition No. 9, is simply trying to have the appropriate parties (land owner and municipal bodies) carry out their respective obligations. 9. In short, the Petitioner in its Application to the ZBA is requesting that the ZBA: (i) find that the Building Inspector's decision to do nothing about the non-compliance of Sutton Pond Condominium Trust with the clear terms and conditions of the Special Permit Condition No. 9 is incorrect, and (ii) find that enforcement action should be ordered by the Building Inspector against Sutton Pond Condominium Trust to comply with the express terms and provisions of Special Permit Condition No.9. 113041\59266XA0033128.1} DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION*ATTORNEYS AT LAW Joseph A.Millimet Retired p *Richard G.Asoian June 18, 2002 300 Brickstone Square Paul C.Remus Ninth Floor Andrew D.Dunn *Mark E.Tully PO.Box 39 David H.Barnes Andover,MA 01810 George R.Moore *Susan V.Duprey Donald E.Gardner VIA CERTIFIED MAILDaniel J. han Tet:978-475-9100 *Frederick J.Coolbroth #7106 45751292 3169 0657 Fax:978:470-0618 *Steven Cohen RETURN RECEIPT REQUESTED *Aaron A.Gilman Robert C.Dewhirst *Richard I-Mills Manchester,NH Newton H.Kershaw,Jr. Mr. D. Robert Nicetta Concord NH *Karen S.McGinley ' Steven E.Grill Building Commissioner and North Hampton,NH Ovide M.Lamontagne Thomas Quarles,Jr. Zoning Enforcement Officer Paul L.Salafia Mark T.Broth 27 Charles Street *Debra Weiss Ford North Andover MA 01845 Peter G.Beeson � *Nicholas Forgione Eric G.Falkenham *Robert W.Lavoie Charles T,Giacopelli Camille Holton Di Croce Re: 148 Main Street,Building A North Andover MA Mark W.Dean *Mark J.Sampson *.Jon B.Sparkman Anu R.Mullikin Dear Mr. Nicetta: Ronald D.Ciotti Diane Murphy Quinlan This firm represents Gregory P. Smith and Linda M. VanDeVoorde, *Melinda S.Gehris Alexander J.Walker,Jr. Trustees of the Stone Mill Realty Trust. Mr. Smith and Ms. VanDeVoorde David Phillips Cindy Robertson own and operate an architectural firm known as GSD Associates in the rgaret A.O'Brien *Michael Dana Rosen premises at 148 Main Street, Building A(formerly known as the Town Hall *Patrick C.McHugh *John P.Sherman Amex). David P.Eby Scott W.Ellison This is a request for enforcement of the North Andover Zoning Bylaw Bret D'Gifford Jennifer Shea Moeckel and Special Permit_Conditions pursuant to M.G.L. ch. 40A, § 7. Charles R.Powell,III *Michael lln.colimore This request for enforcement relates to Sutton's obligation to replace *Elaine M.Michaud and maintain sewer um s on the property as required b Condition No. 9 c *Daniel E.Will P P P p Y q Y ( ) Donna M.Daneke in a Special Permit dated November 17, 1992 and revised November 30, 1992 *Robert J.Hundertmark Eric Kane (Exhibit A). The sewer pumps serve Building A and are located on the *Robert la A.Peterson common area property of Sutton, outside of Building A as shown on the plan � o*EilIocor Poulin attached. The sewer pumps have failed repeatedly and are inadequate to serve *Matthew R.Johnson the needs of BuildingA. *Patricia M.McGrath Paul R.Kfoury,Jr. *Kenneth J.Rossetti Special Permit Condition No. 9(c)states: "The existing pumping James R.F Shana G R.Fisher station adjacent to the office building will be demolished. The applicant will Michael A.Ricker *Michael J.Kerrison install an individual grinder-ejector pump to the lift station at the courtyard •Re im a L. A.Burke location." Furthermore Sutton is required to repair, replace and maintain all *Kimberly A.Burke � > > *Robert T.Ford utilities within its common areas. *William R.Bagley Jr. *Pamela N'Morales *James L.Spaur Sutton has failed to demolish the existing pump station and has failed Todd A.Sullivan Erich Y.Schultz to install new pumps to the lift-station which constitute a violation of the James F.Mone Jannette L.Mtwneyy Special Permit Conditions and Zoning Bylaw. As a result of Sutton's failure to amald Lee Smith replace the pumps,raw sewage has discharged on the ground and around the Abigail J.Syi:as pump chambers threatening the health, safety and well-being of Mr. Smith and William J.Murphy Of Counsel - *Admitted in Massachusetts. (13041\59266\AO024017.1) DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION-ATTORNEYS AT LAW Mr. Nicetta. 300 Brickstone Square June 18, 2002 Ninth Floor Page 2 P.O.Box 39 Andover,MA 01810 Ms. VanDeVoorde,their.clients and visitors,the residents and visitors of the Tel:978-475-9100 condominium complex, and the general public. Recently, on or about April Fax:978-470-0618 24, 2002,the pumps failed again causing the discharge of sewerage. Certainly,the Planning Board saw the need to replace the pumps and had the foresight to require that the pumps be replaced in their 1992 decision allowing the development of the condominium complex. Their replacement is now long overdue. Further delays by Sutton will jeopardize the public health and safety and the residents of the condominium complex. In addition to violating the special permit requirements,the discharge of raw sewage constitutes(1)a violation of the Wetlands Protection Act due to its proximity within 100' of a wetland resource area,namely Osgood Pond and its tributaries and(2) a violation of the Board of Health Regulations relating to the proper discharge and handling of sewerage waste. . Request is hereby made that you order the replacement of the sewer pumps as required by the Special Permit. Please respond to this request in writing within fourteendays as required by Mass. Gen. L. Ch. 40A § 7. Thank you for your anticipated cooperation in this regard. Very truly yours, Mark J. Sampson MJS/kad Enclosures cc: Board of Health Conservation Commission Planning Board (I 3041159266\AO024017.1) B93675 -t .. 220 r pp t ,., �������� ���uQ R:�•. ,tip 1 TOWN OF NORTH ANDOVER D:;.::: L:w MASSACHUSETTS • 1106•.:. .,otER � 0 1' GEL ZZ 425 N �� C •' :,, >v •;; ! Any appeal shalt be filed s'. within(20)days after the ;....�.• nest. R.etlwibGnA�e ' date of filing of this Notice astral ete:+slge -In the Office of the Town Clerk. NOTICE OF DECISION IMCM& f._} 'CoDT 22; 1992 Date..., tamber s o%'�.� •-+. ;::::.� December 15 1992 r.�i� � - _:o�• Date of hearing YG �?on,.3Aj SU AC1�Inc................................... ................... S/esL,�id� of Lim/Hi h Stzeec izs es, ected .. ..�............................ ..... t Referring to the above petition for a special permit from the requirements + of the North�Apdovez�2onin$ 871av, Section 11 — Planned Development District _. g, ..... .. ................................ ............... so as to permit , they reissue o! a Special Permit in order to com lete the ............P............. t eogstructiop,of,the,Oag`ood�Hill Pro�ect�...... . ...., ......, .• ..... CP +' After apublic hearing given on the above date, the Planning Board voted ' s t ' CONDITIO. LY APFROVES SPECIAL PERMIT '9>> to ................the ........................................................ ( _ .'a based upon the following conditions: l , cc: Director of Public Works ( � Building Inspector Conservation Administrator = `' Health Agent signed ,? Assessors r Police Chief fi�eosgs.�rsssa..Chalsmut......... -- Fire Chief Applicant .Iateph..lahotuey.................. Engineer File /al+sa SJJVAI..................... Interested Parties .iohn.Drapes..................... <� R3cbt�rd. - lanssing�Bocrd•.... q .� ,r,• _ .art' - `-' r _ 221 scueEx �. x , Town d i2o Main swat olus auu�cxc � �' NORTH ANDOVER tsps)632.6483 COx5EWAMN 0FWW Vor °L`""I'c PLANNING&COMMUNITY DEVELOPMENT December 22, 1992 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845' Re: Osgood Kill Planned Development District (PDD) Special Permit 3'^ Dear Mr. Long: The North Andover Planning Board held a public hearing on Tuesday evening, December 1, 1992, at 8:00 p.m. in the Town Office Meeting Room, upon the application of URDAC, Inc. of Boston, MA., and subsequently continued the public hearing until December•. 15, 1992. The hearing was duly advertised in the , Lawrence Eagle Tribune on November 16 and November 23, 1992. All parties of interest were properly notified. The following ! members were present at. the December 1, 1992 meeting: Joseph , Mahoney, George Perna, .John Draper, John Simons and Richard -' Rowen. The petitioner seeks a Special Permit under Section 11- planned Development District of the North Andover Zoning Bylaw (the "Zoning Bylaw"), governed by Section 10.31 Conditions for v! Approval of Special Permit. This section of the Zoning Bylaw j permits a mixed use in an Industrial-S District by Special Permit. i As indicated in a Notice of Decision dated September 3, 1985, recorded with the Essex North District Registry of Deeds at ;sz ` Book 2111„ Page 167, the Planning Board issued a Special Permit ? • to allow the conversion of two exnq buildings, and construction of five new buildings, into 188 residential housing units and an office/restaurant facility ted on the Westside of Elm Street and known as the Osgood Mill Complex. Said lot is situated in an Industrial-S Zoning District possessing 13.2 acres of ,land area. In addition, the premises is located in the Town's f designated Commercial 71rea_ pRevitalitation District (CARR) and _•13E. Historic District. 'Construction authorized under the above :` referenced Special permit was discontinued before the Osgood Mill �? Complex was completed, and a question has arisen whether the Special Permit, as well as the associated site plan approval for the Osgood Kill Complex, are still in full force and effect. _ t� B $3675 . 222 Page 2: Osgood Mill Complex The purpose of the present Special Permit application is t obtain a new Special Permit, as well as definitive site pla approval, in order to complete the constructed oo Mill CDmplex. The new definitive spartially t rtplan yin set forth angth plan entitled "Site Layout[,) 'Sutton Pond Condominiums[',) Nort Andover, Massachusetts"; prepared by Henry Schadler Associates P.C.; scale: 1"-4011 dated November 11, 1992, revised Novembe 30, 1992 (the "Plan"). �i. The f011owirig members were present and voting at th a December 15, 1992, meeting when the Board rendered thei decision: Joseph Mahoney, George Perna, John Draper, Joh Simons, and Richard Rowan. Upon a motion made by Mr. Mahoney and seconded by Mr Draper, the Board voted unanimously to close the public hearin and approve the petitioner's Special Permit appligation and Pla for a Planned Development District (PDD) for the Osgood Mil Complex. Attached are those conditions. Sincerely, NORTH ANDOVER PLANNING BOARD George D. Perna, Chairman •s cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File a: n^ — BH3675 a223 Osgood Mill Project Spacial Permit, Planned Development District The Planning Board herein approves the Special Permit requested by URDAC, Inc., submitted November 13, 1992. The Planning Board makes the following findings- regarding this Special Permit for a ' Planned Development District (PDD) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. f A. The specific site is an appropriate location for such a use, structure or condition; B. The use as developed will not adversely affact the neighborhood; x ;. C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; ' E. The Planning Board finds that the use is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes these findings under Section 11.4 4 of the North Andover Zoning Bylaw that this PDD A. Does not detract from the livability and aesthetic qualities of the environment. B. Is consistent with the objectives of the Zoning Bylaw. C. Promotes a more efficient use of land while protecting natural resources, such as water resources, wetlands, flood plains, and wildlife. D. Promotes diverse housing at a variety of costs. E. Contains ingress and egress for traffic flow that is designed properly so that there will be no serious hazard to vehicles or pedestrians. V/F. Contains adequate parking facilities for each use and structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical g characteristics. j$ A. Will not adversely affect the natural environment to the detriment of community character and public health ( - and safety. Finally, the planning Board finds that the PDD complies with Town hY Ltl��•rJr V.rrir•. �. _._ _-4..r.f.�.r.r�....�..r s...4.r.�./ .i .1 ....�i+�r-•.��.�_rr.. _ 7 7B93;675 - . .'_ -._ ..... _ ; 1 . . 224• _ Bylaw requirements so long as-the following additional condition are met: 1. The required open. spaces shall be conveyed to the conservation Commission or to a non-profit conservation ► . y organization, or to a corporation or trust representing yrc persons responsible for the PDD, and shall be protected by a ! conservation restriction as required by G.L. chapter 40A, ! Section 9, for common open space• in cluster developments.' The conveyance documents will be provided to, the Planning Staff for review prior to the recording of the Special Permit. ' • i +;+ 2. The applicant shall comply with all North Andover Department Iof Public works Rules and Regulations. 3. Any action by another Town Board which requires changes in the roadway alignment, placement of any easements or ' utilities, drainage facilities, grading or no cut lines, may subject this decision to modification by the,Planning Board. 4. The property owner shall -use the "proposed right of way" as ' shown on the Plans titled: Site Layout, Date Issued: Nov. 13, 1992, Revisions: Nov. 30, 1992, Prepared By: Henry .• ' Schadler Associates, 5 Waterville Rd, Farmington, CT 06032 (, (hereinafter "Plan") for ingress and egress to the site. f'• q The Property owner shall continue to use this right of way , as it may be modified over the Brickstone property, so- called, in the future to access directly the Sutton street connector, once it is constructed. t } 5. All lighting within the site and the right of way shall be {. as shown on the Plan and shall be consistent with existing lighting on site. r ; 6. All new signs shall be approved by the Town Planner and must have a sign permit as required by Section 6 of the Bylaw. } 7. The Planning Board approves, at a minimum, 281 parking y spaces as shown 'on the Plan: The Planning Board finds this number of spaces, although minimal, to be adequate, for the project as approved. Twenty spaces will be designated and ?_ - '' marked for visitor parking. The applicant must provide for ' handicapped spaces as required by applicable stats and + i federal rules and regulations. 8; The water installations must conform to 310 CKR 22:22 regarding cross-connections. Plans showing proposed installation of back flow prevention devices at such cross- EY f= sections must be submitted to D.E.P. for review and approval. These installations must be approved by the %1 plumbing inspector. •• t*r . r�•i = f }. B93675 225 9, The applicant shall adhere to the following requirements of the Department of Public Works: i a. The applicant will connect the new water main on the Osgood Mill-sits to the recently installed water main on the North Andover Mills property. 7111 unmetered on site water mains to be used for domestic purposes are to be abandoned. b. The sewage pumping station and collection system should be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division of Public Works. A sewer connection permit must be produced from the Division of Water Pollution i Control of the Massachusetts Department of 1g14 Environmental Protection if necessary. Ilk C. The existing pump station adjacent to the office building will be demolished. The applicant will install an individual grinder-ejector pump to the lift station at the courtyard location. �•. 10. The applicant shall adhere to'the following requirements of the Fire Department: a. The Fire Department must be contacted prior to the + - installation of any underground tanks. b. Copies of the completion certificates for asbestos removal must be forwarded to the fire department. h; C. The automatic fire sprinkler systems is required to be finished. The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codas. i. all the installations must be inspected and tested to see if the flows will be adequate. the connection for the sprinkler systems protecting the units and adjacent hallways ' shall be corrected by the removal of the separate sprinkler shutoff so that there is only one shut off for both the domestic and sprinkler water. iii. the sprinkler contractor shall review the entire sprinkler protection system with the fire chief prior to the start of any work on : any existing or new systems. i d. The dry fire hydrant is to be maintained by the � property owners. 2t' must be tested by the fire t 893675 226 department and repaired by the Property mars. e• The automatic i storage area onsthe lower prinkler systm used to protect the Accordance with applicable- fire safety ecodes lat�ths• ,i direction-of the fire department. i. lire department_ connections are required on standpipe systems. These standpipes must be the '.f h accordance with. the applicable fire satet nstallad ` F The fire department will work in conjunction withdthe standpipe contractor to insure that the proper adapters and threads are installed on these devices. 4• The fire sprinkler system in the stone building must be maintained maintenance by the property owner. any . change in use of the building from maintenance to another use must be reviewed by the fire department. � . h. the existing fire alarm box, located on the old mill must be removed. A new fire alarm box and remote annunciator shell was installed-at the far right corner of the existing old mill. This fire alarm box and remote annunciator shall service all the fire alarm devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. i• The- fire alarm system components that have been i installed must be inspected and tested, t �• A fire alarm system must be installed with the following equipment: ' hard-wired smoke detectors in common areas and hallways tied to the fire alarm central panel and zone indicator; ii. each unit will have smoke detectors as required but will be only for that unit and not connected to the central panel; a double action pull station shall be installed within 6 feet of every exterior door from common ` areas; iv. an exterior indicator light shall be placed on the ` corner of each section Of 4 In total), visible from the courtyards tosngive� fire apparatus the location of theP roblem as described ribed . on the existing plans. k• A water flow alarm for each ,sprinkler system shall be Installed' These alarms will not activate• the master •3 41 "•a } $ 11366 227 lirs'alarm box. The system protecting the storage areas shall have its flow switch connected to the main control panel 1 and will tri the activation of that flow switch P the master fire alarm box. _ 11. Prior to a Certificate of Occupancy being issued: i A. Bonds, in the form of a Passbook or Tri-Party Agreement , in an amount to be determined by the Planning ; .fffff Department, shall be posted to ensure construction and/or completion of the right of way across the ^•, Brickstone Property as shown on the record plans. ;. b. The applicant• is to provide a final as-built when construction is completed - to be approved by the ;1 Department of Public Works and the Town Planner. 12. Prior to a Certificate of Occupancy being issued for the last of the five (s) new buildings, the property owner must construct one additional elevator as shown 8 on the building plans. 13. The applicant must comply with all Massachusetts State 1 building codes and obtain all permits and approvals as11. (' required from the Building Department. 14. There shall be no burying or dumping of construction material on the site. 15. The contractor shall contact Dig Sate at least 72 hours prior to commencing any excavation. I 16. Gas, telephone, Cable and Electric Utilities shall be installed as specified by the respective utility companies. !E� 17. Any plants, trees or shrubs that have been incorporated into the landscape plan approved in this decision that die within , one year from the time of planting shall be replaced by the applicant. I r _ 18. Any demolition of structures and clearing of material shall ` be as shown on the Plan. 19. The Main Street access to the property shall be a one way only ingress. The access to the property from High Street shall be both an egress and ingress across the right of way as described on the Plan and as referenced in Condition 1 4. i 20. The one-way access from Main Street to the property is to be maintained by the owner. 21. Any change in use of the stone maintenance building from r maintenance to another use is subject to the review of the Planning Board. i ' c i j •t t- s t t i+ Y3.675. r _ �n 22. The construction Of the. interior of the building shall be under the supervision of the Building Inspector, a 23. All construction shall commence within two (2) years from the data of this approval and shall be completed within rc^ (5) years from the date of this five a December 22, 1997. approval- Completion to be 24. The provisions of this conditional approval shall apply to = i and be binding upon the applicant, its employees and all ' successors and assigns in interest or control. 25. The following plans shall be considered as part of this 4 decision: Plans Entitled: Osgood Mill North Andover, MA Prepared by: Anderson-Nichols, Boston, MA Scale: .1/8* - I -O" Dated: April 6, 1987 Sheets C1-C8 - Civil Sheets Dl-DIO - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets P1-P6 - Plumbing Sheets M1-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, MA Prepared by: Matarazzo Design 9 Hills Avenue Scale. Concord,N .H. 03301 j 2 30 Dated: August 3, 1987 Sheets: 1 - 5 Dated: November 11, 1987 Sheets: 1 - 2 Revised by the following plans: {{i Plans Entitled: Site Layout i Sutton Condominit:ms iFt `A North Andover, MA - Prepared by: Henry Schadler Associates, P.C. / 5 Waterville Road y Farmington, CT 06032 {� Dated: November 13, 1992, ` Revised: November 30, 1992 . f „ sgss7s � • Scale: 1" _ 40, a As-Built Site Development Plan -i Prepared for RECOLL Management Corporation 1' Scale: 1" = 101 Hr Dated: August 1992 ;t. Plans Entitled: Planting� g Plan • Sutton Pond .condominiums North Andover, MA Prepared b ? r • P Y� Henry Schadler Dated: November 13, 1992 Revised: November 30, 1992 T Scale: 1 = 401 t r.w cc: Director of Public Works �.. :. _ Building Inspector y Conservation Administrator 3 Health Agent Assessors Police Chief Fire Chief Applicant - Engineer File i 1 i. » 4 c ' C +s Town Of NOrth Andover Office of the BuDding Department Community Development and Services Division " 27 Charles Street A North Andover, ` n+�K-�- 4�'#� Massachusetts 41845 T4s D. Robert Nicetta Building Commissioner Telepharle(978)688_9545 Fax(978) 688-9542 My 13,2002 Mask J_SarmpsM E Vie,Millimet&Brandt Professional Association::Atton]OW At Law 300 Brite Square POBox39 Andover,MA 0I8I0 RE: 148 Main.Street;Building"A" North Andover,MA Dear Atty Sampsm Your correspondexe of June 1$,2002Coidommium =equ g memeat as it pr Y o T .to ander mates#o the Sutton Pond A).F-Vu-bit A,is the P12nDiv9 No. amit aced ovenflw 17, '992 revisedNovemPImps mberr3Zelc0 1 by � 4TICE OF DECISiONwrth dates of 'hearing December 1 and 15, 1992 and a Tovm Ck derision date staivp and November 30,1992 dates,I believe,ares. of 22, 1992. The Novel 17 However, Special Permit Condibioa No.9(c)of F.xinIx"A"states:`°Tl,,- adjacent to the armee huilding wt31 be demolished all -�P station -01�pump to the lift T1�e vnII an individoai Pump.house WA be d�I am ofthe courty.dloeaEirxn." The c onditien states that the again. I cannot det��by y�do that it does not state it eould not be built in the past, It was also statedin coq if the wmdex-ej�p,�bad been installed "Futhermore, Sutton isp�¢{ Plmmit CaeQc%on No. 9(c)) areas." I find sav repair,�p�e andmamtam all utilities v its commm the man as 'st Mian No. 9.I am of the opinion that does not e a�or�a iat the as z�ti min 3�ocn aaffrespa�ndarcei been ac.�phshed_ Specalai Condmon No.9 had not Pragrapht 7 of your convqXrdowe stades mPalt"*e&Sdwv of raw sewage Constitutes(1)a violation of the W p Act'due to its proximity wrthht 100'of a wetland resource area,namdy Osgood Pend and its tn`butanes and(2)a violation of the Board of health 1� oca�elOn ations relating to�Pr��� Of�waste." Pursuant to your or about April 24 2002,the pumtps faded again causing a di sewage."I am of the cpnm an that the � f=of a°f Mill Realty Trust,was to PAY �'y of�'clients,Trutstees of the Stone Health a observe the s t site and the Ctgtser vation Commission and the Board of earlier. sewage violation,that had ocarx�ed approximately one mirth BOARD OF APMALS 688-9541 BUMMING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Atty- Sampo July 13,2002 Page 2 It is difficult to attmnt to farce a cation&t bas 0)years�,does not have is my a�, bas not been observed and tety ten this particular wetland resource and heaith 'n my required tle lnentatim � s�tuati�,the �Parftnents vvho ham- attention of the Conservation and Health 3dioa oa�yi�� Thank you for your patio vMe the matter was under mon. Yours truly, A Robert Nceft Budd Commissiailer CC:Hadi Gnff n,Dire -CSS Julie Parlin ,C xwvadcn Sandra Starr,Health Ad+ninistrator ` Clay Machek brteaim Town Planner CERTIFIED MAIL REI` MRECE7PT REQUESTED #7000 0520 00215970 9801 08/30/16 TUE 04:58 FAX 1@ 002 GSD Associates 148 Main Street, Building A, North Andover MA 01845 Tel. 978 688 5422 Fax: 976 688 5717 Web: WWW.gSd�assoc.com Computer Aided design • Architeoture * Planning • lnted0m + Development Consulting July 24, 2002 Mr. Robert Nicetta Building Commissioner 27 Charles Street North Andover, MA 01845 Mr. William Hmurciak Director of Public Works 884 Osgood St North Andover, MA 01846 Ms. Sandra Star Board of Health Director 27 Charles Street North Andover,MA 01846 Clear Building, Health, and Public Works Department Heads, 1. Please be advised that I observed the Sewage pumps servicing Building 148 Main St, Building A to be in failure and sewage is observed on the surrounding ground area around the pumps. This letter is being written so that this condition can be finally resolved in the manner that it was intended when the Sutton pond Condominium project,(then Osgood Mill Project)-was proposed and request for a Special Permit was requested horn the Planning Board. These sewage ejector pumps are located on Sutton Pond Condominium's Property and are awned by them. We have been f©rced into a situation where it is in our interests to maintain these pumps, however, our efforts are being defeated by the Condominium Assoclafions actions including vandalism of the system and removal of one of the dual pumps. We have a long term ground lease (99 year) for the building and 2'-0" surrounding the building. The demolltlon and istallation of the pumps were installed after our fame,and are not installed on areas controlled by myself or any company for which we have control or an interest in. This failure of the sewage pumps condition has ocurred on a number of occassions in the p-at,and the Sutton Pend Condominium hes refused to repair and maintain this system,and has in fact damaged the operation of the system by removal of one of the pumps. This failure of the pumps condition continuies to be an ongoing problem due to the Inappropriate design of the system as installed, and the failure of the Condoiminium to most the Conditions of of the Special Permit issued for this project in 1992- 2. A Special permit dated Nov_ 17,1992,revised Nov.30, 1002 and recorded in the North Essex registry Deeds an Dec-22, 1992 at Book 3675, Page 220. The Special Permit was Issued to URDAC,Inc.and Sutton pond Condominium Association is now in possession of this property, A Condition of the special Permit requires the owner of the complex to demolish the existing pump station adjacent to office building and Install a grinder ejector pump to a rift station at the courtyard location. This condition has not been complied with, and continued requests by myself to the Sutton Pond Condominium Association to complete this system as requiredby the Special Permit has not been compiled with, 3• We have previously sent this Demand request on December 28, 1999 to Building Department and Demanded enforcement of the condition In Special Permit, however, this has not been acted upon to extent that the issue was resolved. Mr Hmurciak has also previously responded to a letter dated Jan 25, 2000, in a FeMary 29, 2000 letterwh ich references the sewer 08/30/16 TUE 04:56 FAX 003 connection permit#6$834_ However, this permit did not address 148 Main St, Bldg A(the office building) and the Conditions of the Special Permit, in Paragraph 9c,which regires the offiCe building to be tied into the new lift station in the courtyard, Furthermore Permit references Special Conditions nY , this Sewer 1 tom 7 of which l believe#4 which system requirements and testingtwice annual on e' rhis has no slam' iY lir pump systems, this has not been Provided on this system,as the alarm is not operational at this-time and the system is in failure, and there is no alarm_ Furthermore, Condition 7e of the sewer permit requires a cleanout manhole to be installed in the forced main from the courtyard littstation, this too does not appear to have been complied with. 4- Our review of Town of North Andover records did not indicate that Paragraph 9c condition of the Special Permit was waived or changed as was required by Additional Condition 3 that the permit be modified by the Planning Board. Therefore,we are DEMANDING that this condition be enforced,a proper sewage pumping design completed,the required permits obtained, and the design implimented as required by the Special Permit. Failure of the Condominium to repair and maintain their pumps and their refusal to Install the system required by the Special Permit continues b allow fbr this potentially hazardous situation to occur. The Condominium's continued refusal to take any form of action in this serious matter has promteed our appeal to the Town Officials responsible for enforcement of the issues related to the sewer in this area_ The Special Permit was Issued to URDAC, Inc of which the Sutton Pond Condominium is the successor to URDAC and is in control of this area. I do not c ontroll the areas onside of our ground lease and cannot effect this. The Special Permit condition#24 states"Thee provision* of this conditional approval shall appiyth and be binding upon the applicant its employees and all successors and assigns in interest and control. 5. We look forward to your immadiate and timely response to this matter_ Sincerely, GSD Associates Gregory P. smith,AIA Architect cc' Mark Sampson, Rosa Mazzeo, l'mda VanDeVoorde Town of North Andover OFRrN, Office of the Building Department0 4 Commuttity Development and Services Division 27 Charles Street ��9 wPPy,S North:4iuiover,Massachusetts 01845 9SSgCHUSEss D. Robert Nicetta Telephone(978) 688-x''54;1 Building Commissioner Fa.x(978) August 30, 2002 Mr. Gregory P. Smith,ALA GSD Associates 148 Main Street,Building"A" North Andover,MA 01845 RE: 148 Main Street,Building"A" North Andover,MA Dear Mr. Smith: Your correspondence of July 24,2002 requests enforcement as it relates to the Sutton Pond Condominium Property obligation to replace and maintain sewer pumps and sewer lines pertaining to Building"A". I stated my opinion,on this matter,to your Attorney Mark J. Sampson of Devine,Millimet&Branch by mail on July 13,2002. Enclosed for your review is a copy of Attorney Sampson's query and my response. I have reviewed your above request and m addition to my response of July 13,2002 have the following opinion. The sewer system is under the control and supervision of the North Andover Division of Public Works. Enclosed in your compliant package is a letter dated February 29,2000,addressing the pump problem to John A Daley,Esquire,from J William I lmurciak,P.E.,and Director of Public Works. NIr. Hmurciak states in part"We have researched available information at the Division of Public Works in response to your letter of January 25,2000 regarding special permit issues of the Sutton Pond Condominium Complex. We could not find any specific records for the inspection and testing of the sewer pumping station which now services your clients building"(Copy enclosed). I am of the opinion that there is not sufficient documentation in either your or Attorney Sampson's correspondence to substantiate,at this time,any action by the Building Commissioner/Zoning Enforcement Officer. Pursuant to Section 10.4— Variances and Appeals--of the North Andover Zoning By-law you may appeal this decision to the Zoning Board of Appeals(ZBA)with in thirty(30)days of receipt. If I may be of further assistance please call my office at the above number. Yours truly, D.Robert Nicetta Building Commissioner/Zoning Enforcement Officer CC: Heidi Griffin,Director CD&S Thomas J_Urbelis,Town Counsel Enclosures: SO.ARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAN(N1N0688-n53? TONVN OF NORTH ANDOVER DIVISION Or PUBLIC WORKS 384 OSCOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. !!il/in,rr llnuucink o�Mo.n. �h 7eleh/rone (9%8)685-v95o !)ireclnr .:r `} Fax(97886�q -8) s� February 29, 2000 John A. Daly, Esquire 89 Main Street No, Andovcr, Ma. 01845 RE: Sutton fond Condominium Complex Dear Mr. Daly: We have researched available information at the Division of Public Works in response to your letter of January 25, 2000 regarding special permit issues of the Sutton Pond Condominium Complex. We could not find any specific records for the inspection and testing of the sewer pumping station which now services your clients building. Since we inaintained the pumping station when the Town of North Andover leased the buiidiiig we are aware that the old pumping station at the Osgood Mill was rnodified to service only the office building. I lowever, the new pumps are connected to the existing force main which discharges to the sewer in Main Street. A sewer system extension permit from the Department of Environmental Protection was obtained for the project; a copy of which is enclosed. If you have any questions or require any additional information, please advise. Very tr ours, Y J. William I-Imurcia� I E. j Director of Public Works JWII/;ljb Town of North Andover,Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,abutters,owners of land directly opporsite on any public or private street or way,and abutters to abutters within three hundred(300) feet of the proporety line of the petitioner as they appear on the most recent applicable tax list,notwithstanding that the land of any such owner is located in another city or town,the planning board of the city or town,an d the planning board of every abutting city or town." Applicant's property,list by map,parcel,name and address(please print clearly and use black ink.) Map Parcel Name Address 40 4 Gregory Smith 148 Main Street, Stone Mill Realty Trust Bldg A. N. Andover,MA ABUTTERS PROPERTIES Map Parcel Name Address 40 9 Daniel&Laurie Morse 82 Saunders Street N. Andover,MA 01845 40 10 Michael&Mary Ann Ramsey 94 Saunders Street N. Andover,MA 01845 40 15 Richard Lentini 56 Neck Road Ward Hill,MA 01830 40 2 Cash Engery 231 Sutton Street N. Andover,MA 01845 40 4 Elm Mill Realty Trust 200 North Main Street E. Longmeadow,MA 01028 40 4 Sutton Pond Condominiums 148 Main Street N. Andover, MA 01845 40 3 Northeast Solvents Reclamation Corp P.O. Box 210799 c/o Laidlaw Environmental Service Columbia, SC 29221 40 7 Eugene&Catherine Willis 76 Boston Hill Road N. Andover,MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE L SIGNATURE PAGE OF Cwtified Date and of Asse or N11 lAndover s Map Parcel Name Address 40 8 Kenneth&Irene Sousa 96 Saunders Street N. Andover,MA 01845 40 14 Town of N. Andover 120 Main Street N. Andover,MA 01845 40 6 Elm Mill Realty Trust 200 N. Main Street c/o Sutton Pond Limited Trust E.Longmeadow,MA 01028 40 5 Dizzy Bridge Realty Trust 31 Moody Street Carrie&Kenneth Crouch N. Andover,MA 01845 40 12 Service Chemical Corporation P.O. Box 11393 c/o Laidlaw Environmental Services Columbia, SC 29211 41 24 McCabe Realty Trust 8 Water Street Bette Mancuso,Tr N. Andover,MA 01845 41 26 Donald&Mary Trask 18 Water Street N. Andover,MA 01845 41 33 Bank Boston Fleet National CC#82 P.O. Box 231476 Hartford, CT 06123-1476 41 25 George&Joanne Peters 12 Water Street N. Andover,MA 01845 41 27 Richard&Gail Clermont, Sr 22 Water Street N. Andover,MA 01845 41 28 Mary Ann McClure 28 Water Street N. Andover,MA 01845 41 29 Osgood Pond Realty Trust 34 Water Street Susan Bradford N. Andover,MA 01845 41 30 Brian&Marilyn Whitney 36 Water Street N. Andover,MA 01845 41 31 Anthony&Abel Mottolo P.O. Box 504 Mabel J. Mottolo Realty Trust Andover,MA 01810 41 32 Windle Realty Trust 46 Water Street Valerie M. Windle,Trustee N. Andover,MA 01845 41 3 NAM Partners Limited Partnership 900 Chelmsford Street Lowell,MA 01851 41 5 St. Gregory Armenian Apostolic Main Street Church Of the Merrimack Valley N. Andover,MA 01845 41 6 Roman Catholic Archbishop of 196 Main Street Boston N. Andover,MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSSESSORS OFFICE AND CERTIFIE -BY THE AS SSORS OFFICE BY: DATE "? 2/ SIGNAT RE AGE OF Certified i?ste O 7i rd of Assessor Orth Andov r � 4 Map Parcel Name Address 41 7 Roman Catholic Archbishop of 196 Main Street Boston N. Andover,MA 01845 41 8 Charles&Justine Breen 35 Merrimack Street N. Andover,MA 01845 41 37 Arthur&Ann Comeau 53 Water Street Susan Fontaine N. Andover, MA 01845 41 10 Richard Juknavorian 20 Mount Vernon Street Francis Shea N.Andover,MA 01845 41 11 Home Realty Trust 63 Water Street Harold J. McPhee,Trustee N. Andover,MA 01845 53 25 NAM Partners Limited Partnership 900 Chelmsford Street Lowell,MA 01851 53 11 DianeLetizio 22 West Shore Road Windham,NH 03087 54 1 NAM Partners Limited Partnership 900 Chelmsford Street Lowell,MA 01851 29 32 Whittaker Family Trust 73 Saunders Street William D. Whittaker N.Andover,MA 01845 29 34 Town Of North Andover 120 Main Street Town Offices&Fire Station N. Andover,MA 01845 29 36 Richard Lentini 56 Neck Road Ward Hill,MA 01830 29 38 Rack Realty LLC 91 Hampstead Street Methuen,MA 01844 29 31 Andover Savings Bank One Canal Plaza. c/o CB Ellis/Boulos Property Mgt Portland,ME 04101 29 14 Thomas&Carolyn Barnes 76 Saunders Street N. Andover,MA 01845 29 33 George Schruender 73 Chickering Road N. Andover, MA 01845 29 35 Town of N.Andover 120 Main Street N. Andover, MA 01845 29 37 Richard& Sherrill Lentini 56 Neck Road Ward Hill, MA 01830 THIS INFORMATION WAS OBTAINED AT THE ASSSESSORS OFFICE AND CERTIFIED BY THE ASS SSORS OFFICE BY: = DATE 9 13010 Z.,- SI NA URE PAC YE Wfqrd DateOer pZ of Assessor rth And Town of North Andover %ORTN Office of the Zoning Board of Appeals 0a ,d� . ,•.$�`� Community Development and Services Division # c 27 Charles Street North Andover,Massachusetts 01845 'ssAc„uS D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 CD ti CD C 'C7 C-')-` 00 r—> C: �P'�"7 CD S'"" Legal Notice -< � North Andover,Board of Appeals w ' cn NJ Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12'h of November2002 at 7:30 PM to all parties interested in the appeal of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine, Millimet&Branch,P.A.,300 Brickstone Square,P.O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10.Paragraphs 10.1 and 10.4 of the Zoning Bylaws. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J.Sullivan,Chairman Published in the Eagle Tribune on October 28&November4,2002. Legalnotice 2002-050 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 ry7! ;Iain nose ntrrrr.Tt+ xrrrr =T as INCH 2 L%il Ill IV iflllf Kt,11.iiJYLa l8rta .:'�'1t,1. f • —1; Office ffice ur inC tivnui�, ,�.rtw.•.,�� _r = .._.� r}r i�� newrelnrlmont ami Np.rvices UIY15101 IL AftlIALLW.iati •,.\n 'C .aJsi �r .i. n_.J....,.� l�rtnrnor^t!+leoEfCf11 ft4.5 "�i'R'C►w'�+"' noroo nt:./3 YIE'.i7ltUilC 17.�t U1)vuv' .rsi roo nce7 y).,:1.i...»/'nmlrPr i'Cy/1T1Mf i'eiA i?�v vtvv tv-x.. t r inn� 1 i '1'(3- '1 nuM (tr IV f3TI i3 K131:31iYC1 "G t 4iliMYasm V a _ •t_____ ,f k fit VAGI. 11171 G11 i (°'1Y1t1VAY4t 'rsra t..-.1...h(.�.!-rM !?tonnm t!a 4fivnc.-ri rnnr f n.iVP_..'ivrmmt1 tO W73IY''G IA40 Lzulti L'l1iA i1•tuttaa7 lVs uiv.+.va..w. 3 3vtAJis V Y - moi-- _ _ r---.3 _c A..,..,,>„1,�,..lt.nlr..o Aaticinn mcrnMino thP.S rAntitlPr Of a ii ntit 3YCi ZZU-11L11C i.rVaLLL Vi AC WWW us *'.•- »_..-._.._.._-�__�--__d. o 1lnw nnra 11. CjiV illi a'.irl iAaa.y C= _.... rFi nrli�no C t y CD zrrt :�rn3�ri v rCx::'e'tiiu ai,: Tl 1 1"C.lV N: I fit 1 ri VrPlP'T*JTDATFTNI: T'PLot tvrrtn FF, owUsti ff /lprlr v� +Tr.•- J !.✓ iV L',vs.�wr1+ ft/i•7if9'I rl ir1 BY!}V t✓'V ir' — { ts6rlr,n+say+trnrtiisrrtrirrnwrt:7't:r3rr�r-niaiivt,ar WAIYt-.k - uu ne.,n 'ct.. +.4'74.1.44_tti75 fiRR_9.54.3 Buildil3»_ena oSa ya t uc7nsl r�+uacn,� iro:.�mem; „�....• --- -_. ._®___ -_- ----- - „s<�ar^wra• ��,tw'twriayr s�sa�rewur4 kt:7RrNsxlBtSa�xukl+kk�na���: DEVINE, MILLIMET & BRANCH I C+ ' D� sjt lit PROFESSIONAL ASSOCIATION�ATTORNEYS AT LAW rk��3#�)�,'fi t CLERK �i l Joseph A.Millimet _ �.-3�t �i7 �,.;.�(��Vcr Ren,cd L i� 300 Brickstone Square *Richard G.Asoian t*; Paul C.Remus February 11, 2003 J�� FEB r 2 PNifth�18,r Andrew D.Dunn *Mark E.-Tully. P.O.BOR�9 David H.Barnes Andover,MA 01810 George R.Moore Town of North Andover snag”E. Gardner Office of the Zoning Board of Appeals Donald E.Gardner g-_ pp � ,..Tel:978-475.910D -.._ Daniel J.Callaghan CommunityDevelopment and Services Division Fax-"Frederick J.Coolbroth p � :978-4700618 ''Steven Cohen 27 Charles Street *Aaron A.Gilman Robert C.Dewhirst North Andover,::MA .01845::. 1Vtanchester,NH "Richard E.Mills � Newton H.Kershaw,Jr. - t Concord NH *Karen S.McGinley Steven E.GRe- Gregory 7 P. Smith and Stone,Mill Realty Trust, � North Hampton,NH rill ." Ovide M.Lamontagne 148A Main Street Thomas Quarles,Jr. - - Paul L.Salafia Request for Continuance untilApril 8, 2003 Meeting Mark T.Broth *Debra Weiss Ford - Peter G.Beeson Dear Sir/Madam: - *NieholasFor�*ione Eric G.Falkenham - `Robert W.Lavoie . CharlesT.Giaeapell, This will confirm that our firm,is legal counsels to the Petitioner,.Gregory P. Smith Camille HMar Di Croce and Stone Mill Realty Trust in connection with this matter. At the'Zoning Board of Mark��.Dean Mark J.Sampson Appeals' December 2003 meeting; the hearing was continued until February 11, 2003. `Jon B.Sparkman Ann R.Mullikin RomddCiotti *Melinda S..Gehris This will further confirm that we have been in discussions with the Sutton Pond Alexander J.Sailor,Jr. David S,Phillips Condominium Association, and at the present,time, with the agreement and concurrence Cindy Robertson of Attorney Charles Perkins, who represents Sutton Pond,Condominium Association,we Margaret A.O'Brien -Michael Dana Rosen would collectively request that this matter be continued until the Board's April 8, 2003 Patrick C.McHugh John P.Sherman meeting. David P.Eby Scott W.Ellison Bret 1>.Gifford Please accept this letter as Petitioner's written request to the Zoning Board of Jennifer Shea Moeckel - *Charles R.Powell,fn Appeals to continue the hearing from Tuesday,February 11, 2003 until"the April 8, 2003 *Mi iael L.Kushnir " Kc�in G.Collimore regularly scheduled meeting of the Zoning Board of Appeals. In connection with the - Elaine M.ni Michaud request to continue the hearing from February 11 2003:until April 8 2003 this will Daniel E.will q g Y � P *R°herr E Hundertmark confirm that the'Petitioner,has agreed to waive the time constraints for the Zoning Eric Kane Robert E.Dunn,Jr. Board of Appeals to make a'decision-upon the pending Petition regarding the above *Pamela A.Peterson Kevin J.Carroll referenced property. "Christopher J.Poulin "'Eileen O'Connor Bernal *Matthew R.Johnson Thank you for your courtesy in this regard. Should you have any questions or 'Patricia M.McGrath _ - Paul R.Kfoury,Jr. concerns regarding this request,please contact this office immediately. James R.Fox Shana G.R.Fisher Michael J. KeiRicker Very truly yours, Michael J.Kenisqn Renelle L.L'Huiuier Gregory P. Smith and Stone-Mill Realty Trust *XVilham J.Donahue - Bi n❑G.Vaughan �} l�r �C by its attorneys- William R Bagley Jr. U P rueli N.Moralesp Devine, Millimet&Branch, P.A. *James L.Spaur F E R 1 12003 Todd A.Sullivan .. Christopher H.Sub James Lee Smith BOARD OF APPEALS ll Donald Lee Smith Abigail J.Sykas . *Robin A Wrisley - ert VV LV (e *DanielleL.Pacik - - Angela B.Martin David M.Morse cc: Charles Perkins, Esq. William J.Murphy Of Counsel. -Admitted in MassachusettL:AWdox\docs\clients\13041\59266\A0041059.1} Town of forth Andover �aRrk . "OE timate rs'�.�r Office of the .honing Board of Appeals Community Development and Services Division � - a o t . 27 Charles Street � '°��te�••jD North Andover,Massachusetts 01845ss, Hus� D. Robert Nicetta Telephone(978)688.9541 Building Commissioner Fax (978)688-9542 Date /:tN TO: Town of North Andover Zoning Board of Appeals 27 Charles Street = c --� zj , . North Andover MA 01845 > �5r- () c`, .. ; L,� f y Please be advised that I have agreed to waive the time constraints for the nth Andover Zoning Board of Appeals to make a decision regarding the granting of a Co Variance Specialnit; in e>E `ve Permit (40B), Finding for property located at: STREET: TOWN: U 1 r7VC� TO MEETING DATE(S): NAME OF PETITIONER: Signed: .� Petitioneror tition is representative) WAIVER Boardo�Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 �.� BOARD OF APPEALS. 03%02!04 15:53 FAX 978 470 0818 _ ,DEVINE MILLIMET BRACH 19002 ,Ian 06 04 02: 55P NORTH ANDOVER 9786889542 P- i NORYN Town of North Andover Office of the Zoning Board of Appeals � n Develapnuuent and Services Divisioncommunity Fs 27 Charles Street NorthAndover,Massachusetts 01845 Telephone(`.l78)688-9541 D. Robert Nice= Fax (978)688-9542 Building Commis-voner Date 3/Z/p4 TO: Town of North Andover Zoning Board of APPS 27 Chants Streit O7 845 North Andover MA to waive the time Constraints for the North Please be add that I)lave - arding the granting of a ,4ndovez Zoning Board of Appr-�to make a decision reg Variance Special Permit. � �rehensive permit(40B)- Finding fpr property located at' STREET: 148A Main scree TOWN: North Andover April 13, 2004 TO MEETING DATE(S). NAME OF PETITIorr re or P. Smich and Stone Mi 1 Trust 978-475-9100 Signed: is representative) Pet (or Pe Ro ert W. Lavoie, Esq. Devine, Millimet & Branch, P•A. 300 Bri.ckstone Square, 9th Floor Andover, MA 01810 W AI VER d oI ¢nuc 97%•6&5 95 1 BuijdinB 978 88-9545 Coti-3uon9-78.688.9530 H`N197"88-9340 PIaM+og 978�SR 95a� Bcw aP'P u; MAR Z 2004 BOARD OF APPEALS y,Q l.�- JAN-07-2004 09_ 2 FROM:DEVINE MILLIMET BRNC 978 664 5054 TO:97B68B9542 P.002 •-.r .1a 1% r n ni'1,uvY1--K `J'/tlE+lt t1`.3542 p, I Town of North Andover Office o the Zaajxmg Board of,� � S 7r comvmniNy Development and.Se 27 Cly rlea Street North Ando'.W, dtuse ts=01845 qua ,,,.:5 i �_ r ` Telephme(978)088-951.1 D. Robert Niccrta Fax (978)688_0.542 Building Corr+missiaorr ftC 117/04 TO: Town of North Andover Zoning Board of Appeals 27 Cbades Street North Andover MA 01845 PWase be advised that I h&vo g0eM-to waive the bene c orAtraiuts fox the North Andover Zoniag Board of Appeals to ntolce a dwLsiott regardsstg flit great ft of s Veux�vcc Special Permit nsivc Permit(408)` for property located 81: STREET: 148A Main Street TOWN: North Andover TO MEETING DA"I'F(S}; NAME OF PE'fZ'IT43 Gre P.SSmith s SKj,1, Reser Tract Sinned: 978-475-9100 pe r(or . '� . Robert W. Lavoie, Esq. Devine.. Killimet b. Branch, k.A• 300 Bxickst6ne Square, 9th Floor Andover, MA 01810 wnt vr:R NrL10 cif Ap wM1$97X-sa8-RS#1 .9pjWS972-"*,.513 Cote + f+itif-A530 tiaKlth 97 i8A-93a0 Y►MnnMP.97B-6bR•933s 02/06/04 11:10 FAX 978 470 0618 DEVINE MILLIMET BRANCH (2002 Jan 06 04 02: 55p NORTH ANDOVER 9796899542 p. 1 Town of North Andover o+,�e•'.,. Office of the Zoxinig Board of Appeals } y Community Development and Services Division Charks ..� North AndoverMa9shhnsett9 0185 1].Robert Nice= Telephone(978)688-9541 Building Comnsiss awP Fait (978)69&9542 Date 2!6/04 TO- Town of Nortb Andover Zoning Board of Appeab 27 Charles Street ` North Andover MA 01845. Please be advised that X have agreed to waive the tinge constraints for the North Andover Zoning Board o£Appeals to make a decision reg the 8mm of a Varimice Special PelCmit m rehensive Pmanit(4013)- m Finding cry > Dor property 10e9t0d at: STREET 1.48A Main Street U1 0 TOWN- North Andover TO WL'EN iDATE(S): March 94 2004 i`TpNIE p pETIT'1 I . Gregory P. Smith and Stone Mill Realty Trust Signed: One (or � net's reprGseufiafive Robert W. Lavoie, Esq. Devine, 14jilimet & Branch, P.A. 300 Brickstone Square, 9th Floor Andover, MA 01810 wAIVM Boyd ad Aprcda 975-6$8-9541 8lnlding 978 cQmWvniop rj&' 8 M HvaM 978.889-9540 Pjwmift 978-688.9W V/ u + 0 j 76 ;iU 0616 DEVINE MILLIMET BRANCH 1002 06 04 02: `.np NORTH nNDovER 978 8895 42 f' d "�®fin of rjpi{�t A%t ®veT office of the Zoning Board of Appeals ConinurLit' Development and Services Division 27 Charles Street North Andover; Massachusetts 01845 Telephone (9'78)668-9541 D pwben Nt Leena Fax (978) 688-9542' 3"daing Commissioner Date4�4_ ---- TO: Town of North Andover Zoning Board of Appy 27 Charles Street North Andover' MA 01845 p,�e be advised that I have agreed to waive the time constrain°sfor pthe orth Ora,�dovtr Znrung Board of Appeals to rr>ake a decision regarding the t Variance Special Pmt Com rehensiVe perrrut (40B) for Asper locaied at: 148A Main Street u IOW": North Andover - TO MEETING DATE(S): a13r�2II -- -- NAINT OF PETITI BR Gre or P. Smith and Stone _Milt Reap Srust 978-475-9100 Signed' title r petitioner's representative)' Robert W. Lavoie, Esquire Devine, ilillimet & Branch, P.A. 300 Brickstone Square, 9th Floor Andover, MA 01810 v:a1vER $g 954 t RUilding 97 98 8-688- 45 Conso�nNon 9181iR$-953 ticnitli 978.688-9540 pt: "Dn 978-6 9'8 683-9�3 s