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Home My WebLink AboutMiscellaneous - 0 May Street�LN''e- )gyp o u� ti 4--u j of- Z A Jane Swift Governor Kevin J. Sullivan Secretary and MBTA Chairman ya/ y4w, 940J�, Michael McGuire Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 July 31, 2001 RE: Property on May Street, N. Andover, MA (Assessor's Map #17, Lots 24 and 25) Dear Inspector McGuire: Please be advised that the matter concerning the7applicability of the provisions of M.G.L. c. 40, § 54A to the property captioned above has been referred to the undersigned. This office has reviewed the documents submitted concerning the proposed construction on the subject properties (Lots 24 and 25). Research, based on the documents supplied reveals that although this property abuts an abandoned railroad right-of-way owned by the Boston and Maine Corporation, it was not used as a railroad right of way nor used by a railroad company in its operations. Therefore, it is the opinion of the undersigned that the project in question is not subject to M.G.L. C. 40 § 54A and that a public hearing will not be required in accordance with the statute. If you have any questions, please contact Mr. Manuel Vieira at (617) 973-7008, or the undersigned. Very Truly Yours Stephen H. Rogers Assistant General Counsel Cc: Robert K. Ahearn Robert DiAdamo, General Counsel Siobhan N. Perenick, Supervisor of Rail Ref.: file #OIA-22EX.doc Telephone (617) 973-7000 TDD (617) 973-7306 Telefax (617) 523-6454 Post -it'"" brand fax transmittal memo 7671 I of pages 1, To � From Co. Co. Dept. Phone # Fax # RKRCO LLC 1501 MAIN STREET UNIT 47 TEWKSBURY, MA 01876 Phone 978-851-3048 Fax 978-858-3851 To: Town of No. Andover Building Commissioner Mr. Bob Nicetta From: RKACO LLC Robert K. Ahern, Member Re: building lot on May St, No Andover (see assessor's map 17, lots 24 and 25) Dear Commissioner Nicetta, It is my understanding that it is the position of the No. Andover Building Dept that before I can make application for a permit to build on the above-mentioned lot, that the Guilford Railways Corp. must be notified of any plan to begin new home construction nearby to their property. With the above in mind, I contacted Mr. Roland Thereault, who is Vice President of Real Estate for Guilford Railways Corp. He informed me that Guilford did not need to be notified aboout newly planned residential construction unless said construction was on their property or, if their was a variance application necessary for said property. I explained to him that my intent weas to build solely on my property and that the application would not involve a variance. He then said that if all of the above were true, then, in my case, notification to Guilford would not be necessitated. Mr Therault informed me that you could call him about this matter if you wish. His phone number is 978-663-6936. Sincerely, e Robe K. Ahern p E Ulm Eodr� JUL 1 2 261,, BUILDING DEPT. Town of North Andover Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner July 17, 2001 Mr. Robert K. Ahern RKACO LLC 1501 Main Street Unit 47 Tewksbury, MA 01876 Dear Mr. Ahern: Telephone (978) 688-9545 Fax (978) 688-9542 Please be advised that upon review of your letter dated 7/12/01 it should be noted under the State Building Code chapter 1 Section 111.3 Railroad right-of-way: 'No permit to build a structure of any kind on land formerly used as a railroad right of way or any property appurtenant thereto formerly used by any railroad company in the state shall be issued without first obtaining, after public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction, all in accordance with M.G.L. c 40 § 54A". I would think that Mr. Therault of Guilford Railway Corp. would be able to assist you in obtaining the appropriate contact names for this project. Respectfully, Michael McGuire Local Building Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner July 17, 2001 Mr. Robert K. Ahern RKACO LLC 1501 Main Street Unit 47 Tewksbury, MA 01876 Dear Mr. Ahern: Telephone (978) 688-9545 Fax (978) 688-9542 post-It"brand fax transmittal memo 76711 # of pages ► A k d Y" (From � _ wlC C l �e Please be advised that upon review of your letter dated 7/12/01 it should be noted under the State Building Code chapter 1 Section 111.3 Railroad right-of-way: "No permit to build a structure of any kind on land formerly used as a railroad right of way or any property appurtenant thereto formerly used by any railroad company in the state shall be issued without first obtaining, after public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction, all in accordance with M.G.L. c 40 § 54X1. I would think that Mr. Therault of Guilford Railway Corp. would be able to assist you in obtaining the appropriate contact names for this project. Respectfully, Michael McGuire Local Building Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 wr...,,............... ... _ .... 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS which are subject to construction control pursuant to 780 CMR 116.0, shall be accompanied by a building survey where required by 780 CMR 34 and Appendix F. ! 110.10 Site plan: A site plan shall be filed showing, to scale, the size and location of all new construction and all existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot. 110.11 Independent Structural Engineering Review: 110.11.1 As a condition for the issuance of a building permit, the structural design of the following described structures shall be reviewed by an independent structural engineer to verify that the design of the primary structure is conceptually correct and that there are no major errors in the design: 1. Buildings which are five stories or more in height above the lowest floor, including stories below grade. 2. Buildings which enclose a total volume of 400,000 cubic feet, including stories below grade. The volume shall be measured using the outside dimensions of the building. 3. Structures in Use Group A, or structures which are partially in Use Group A, which will be used for public assembly of 300 or more persons. 4. Structures of unusual complexity or design shall be determined by the BBRS. A building official may apply to the BBRS for such a determination on a specific structure. Exemption:Temporary structures erected for a period of one year or less. 110.11.2 Requirements for the review: The independent structural engineering review shall be in accordance with the requirements of Appendix 1. 110.11.3 Disputes between the structural engineer responsible for the design of the building or structure and the structural engineering peer shall be resolved by the structural peer review advisory committee in accordance with 780 CMR 125.0. 110.12 Structures subject to control: In those structures subject to control as required in 780 CMR 116.0, affidavits must be submitted with the permit application that the individuals and testing laborato- ries responsible for carrying out the duties specified in 780 CMR 116.0 have been licensed by the BBRS. 11/27/98 ADMINISTRATION 110.13 Amendments to application: Subject to the limitations of 780 CMR 110. 14, amendments to a plan, application or other records accompanying the same shall be filed prior to the commencement of the work for which the amendment to the permit is sought or issued. Such amendments shall be deemed part of the original application and shall be submitted in accordance with 780 CMR 110.0. 110.14 Time limitation of application: An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the building official shall grant one or more extensions of time for additional periods not exceeding 90 days each if there is reasonable cause and upon written request by the owner. 780 CNN 111.0 PERMTIS 111.1 Action on application: The building official shall examine or cause to be examined all applica- tions for permits and amendments thereto within 30 days after filing thereof. If the application or the construction documents do not conform to the requirements of 780 CMR and all pertinent laws under the building official's jurisdiction, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of 780 CMR and all laws and ordinances applicable thereto, the building official shall issue a permit therefor. 111.2 Zoning: In accordance with the provisions of M.G.L. c. 40A or St. 1956, c. 665 as amended, no permit for the construction, alteration, change of use or moving of any building or structure shall be issued if such building or structure or use would be in violation of any zoning ordinance or by-law. 111.3 Railroad right-of-way: No permit to build a structure of any kind on land formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by any railroad company in the state shall be issued without first obtaining, after public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction, all in accordance with M.G.L. c. 40, § 54A. 111.4 Water Supply: No permit shall be issued for the construction of a building or structure which would necessitate the use of water therein, unless a supply of water is available therefor, either from a water system operated by a city, town or district, or from a well located on the land where the building or structure is to be constructed, or from a water corporation or company, as required by M.G.L. c. 40, § 54. 780 CMR - Sixth Edition 21 -H M N ---�. "go.os.ois F- w Of z Q z C) LLI LL�Ud Y Z Q w 0 z Li Z Q 7 s-�*t�tt 0 Ln Li N Ln . �z W t- \ Q Z w Z O ^ > W w o o 0 rn• r00 O o � 00 U_r - J m CL Town of North Andover Building Department 27 CHARLES ST 978-688-9545 Project: kc,+ > APPLICANT: t�� r` a vet t �� `+ `� t.l�S h� s^e1U L -EI t Cli. Vfn �`"4'-� DATE: r i J I 1 ��C� J ! Title of Plans and Documents: Please be advised that after review of your Building Permit Application and. Plans that your Application is DENIED for the following reasons: Plan RevieW The plans and documentation submitted have the following inadequacies: 1. Information Is not provided, 2. Requires additional information, 3. Information requires more clarification 4 1 # I Information is incorrect 5. All of the above_ Foundation Plan Subsurface investi ation Construction Plans Mechanical Plans and or deta Electrical Plans and or details Fire Sprinkler and Alarm Plan Utilities Water Supply Waste Disposal ADA and or ABBA Certified Plot Plan with proposed structure 116 Affidavit Plans Stamped by properdiscipline Framing Plan I Plans to scale G Site Plan Sewage Dis osal I LJriveWaV EntrV Ann DPW c �2� a1 i �r%- ( Lv; � 11 x;?j •e iitt''� U k�ti7 ��: C Administration The documentation submitted has the following inadequacies: 1. Information is not provided. 2. Requires additional information. 3. Information requires more clarification 4 Information is incorront s en -e &L._ I � vvater t-ee Sewer Fee State Builders License Buildin Permit Fee .3 Workman's Com ensation Buildin Permit A lication i �� , Homeowners Fm rovement Re Homeowners Exem tion Form J CVti I:c: t- t The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit appjjcation fo and in the a mittin P r g process. 'Building Department Official Signature Application Received .. Jam`= - c, C Application Denied If faxed: # Date Sent Referral recommended: Police Cons t.— Plann--- a cc: William Scott Revised 9197 jm Board Hent ofPublic Works al Commission 101 Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: