HomeMy WebLinkAboutMiscellaneous - 1049 TURNPIKE STREET 4/30/2018 (5)G
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LEONARD KOPELMAN
DONALD G. PAIGE
ELIZABETH A. LANE
JOYCE FRANK
JOHN W. GIORGIO
BARBARA J. SAINT ANDRE
JOEL B. BARD
EVERETTJ. MARDER
PATRICK J. COSTELLO
JOSEPH L. TEHAN, JR.
WILLIAM HEWIG 111
THERESA M. DOWDY
DEBORAH A. ELIASON
KOPELMAN
ATT(
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brand fax transmittal memo 7671
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BOSTON, MASSACHUSETTS 02110-1137
Fr
Co.
BOSTON OFFICE
Co.
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MARY L. GIORGIO
FAX (617) 951-2735
KATHLEEN E.-CONNOLLY
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Fax #, O'ff�
101..._....,..` ._..._,_,
DAVID J. DON ESKI
SANDRA CHARTOK
BOSTON, MASSACHUSETTS 02110-1137
(LANA M. QUIRK
BRIAN W. RILEY
BOSTON OFFICE
_ JOHN J. KENNEY, JR.
(617) 951-0007
MARY L. GIORGIO
FAX (617) 951-2735
KATHLEEN E.-CONNOLLY
JOHN G. GANNON
NORTHAMPTON OFFICE -
KURT B. FLIEGAUF
MICHELE E. RANDAZZO
(413) 585-8632
PETER J.FEUERBACH
AARON M. TOFFLER
WORCESTER OFFICE
ANNE C. PREISIG
(508) 752-0203
January 24, 1996
Mr. Robert Nicetta
Building Commissioner
North Andover Town Hall
120 Main Street
North Andover, MA 01845
Re: Charles Piscatelli, et al. v. D. Robert Nicetta,
as he is the Building Commissioner of North Andover, et al.
Land Court Misc. Case No. 224771
Dear Mr. Nicetta:
Pursuant to our telephone conversation on January 23,
enclosed please find a fully executed copy of the Order on Motion
for Preliminary Injunction regarding the above -referenced case.
If you have any additional questions, please feel free to
call me.
CAB/bjc
Enc.
: ii �
^, { .JAN 2 51
Very truly yours,
6�1�11414a
Cheryl Ann Banks
PRINTED ON RECYCLED PAPER �/
17
ESSEX, SS.
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
CIVIL ACTION NO. 224771
CHARLES PISCATELLI and WILLIAM )
K. BARRETT, TRUSTEES OF TEN )
FORTY NINE REALTY TRUST, )
Plaintiffs )
V. )
D. ROBERT YVICETTA, AS HE IS )
BUILDING COMMISSIONER AND ZONING )
ENFORCEMENT OFFICER FOR THE TOWN )
OF NORTH ANDOVER, AND THE TOWN )
OF NORTH ANDOVER, )
Defendants )
ORDER ON MOTION FOR PRELIMINARY INJUNCTION
This matter came on to be heard and, by agreement of the
parties, it is hereby ordered and adjudged: =
1. The defendant, D. Robert Nicetta, as he is building
commissioner and zoning enforcement officer for the Town of North
Andover, is enjoined from refusing to issue a building permit
authorizing installation of a new heating system, completion of the
removal of the existing chimney and patching the _ole in the roof
at 1049 Turnpike Street in North Andover solely on the grounds of
the pending lawsuit of Kmiec et al v. North Andover Zoning Board
of Appeals, et al., Essex Superior Court Civil Action No. 95-2207;
2. Replacement of the heating system, completion of the
removal of the chimney and patching the hole in the roof are
repairs which are not governed by the North Andover Zoning By-law,
nor by Chapter 40A, Section 6;
•
3. To the extent that the plaintiffs have requested
authorization to make other interior alterations to the premises,
the parties have agreed that these interior alterations will be
presented to the Zoning Board of Appeals for a finding that the
alterations are not substantially more detrimental to the
neighborhood than the existing building. The plaintiffs have
agreed to apply to the Zoning Board of Appeals for this finding
without waiving their rights in this lawsuit, or in any other
lawsuit, to argue that the North Andover Zoning By-law does not
require such a finding in the first instance.
By the Court (Rilborn, J.).
Attest:
Charles W. Trombly
Recorder
Dated: January 19 , 1996
ATF163A3/8894-5
109 PVI 17.25
TOTAL: s :17.25
*** U.S. POSTAL SERVICE***
�
Z- -.TH ANDOVER BRANCH
ANDOVERMA 01845-9998
-__________________
DATE: 01112196 04:42:42 PM
---------------------------
---------------------------
-log
--------------------------
________-__________________109 PYI' 17.25
TOTAL: s* 17.25
___________________________
'
THANK YOU :4-4-44
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTiNMNT OF THE TRIAL COURT
Essex LAND COURT
CIVIL ACTION
Charles Piscatelli and William K. Barrett,
N0.224771
Trustaoc of Ten Forty Nine Realty Trnst , Plaintiff (s)
D. Robert Nicetta, as he is Building Commissioner and
Inning FnforraMent Offirer -nd- the —TQLM of Knrth Defendant (s)
Andover
SUMMONS AND ORDER. OF NOTICE
To the above-named Defendant:D.Robert Nicetta
You are hereby summoned and required to serve upon Atty. Catherine J. Savoie
plaintiff's attorney, whose address is 100 Charles River Plaza, Boston 02114 'an answer to
the complaint which is herewith served upon you, within 20 days after service of this summons upon
you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you
for the relief demanded in the complaint. You are also required to file your answer to the complaint in
the office of the Recorder of this court at Boston either before service upon plaintiff's attorney or
within a reasonable time thereafter.
Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim
which you may have against the plaintiff which arises out of the transaction or occurrence that is the
r subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any
other action.
WE ALSO NOTIFY YOU that application has been made in said action, as appears in the
complaint, for a preliminary injunction and that a hearing upon such application will be held at the
Land Court in said Boston on Wednesday the seventeenth day of
January A.D. 19 96 at 10:00 o'clock A.M., at which you may
appear and show cause why such application should not be granted.
Witness, Robert V. Cauchon , Chief Justice, at Boston, the tenth day of
January in the year of our Lord one thousand nine hundred and ninety—six.
- l 1
y'v J -
1N �
e r er.
NOTES. �
1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate
summons is used for each defendant, each should be addressed to the particular defendant.
FORM LCS-6 (5)93)
4 TRUE CO?y ATTEST:
Oepury sheriff
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. LAND COURT
CIVIL ACTION NO. aa477 /
CHARLES PISCATELLI and WILLIAM
K. BARRETT, TRUSTEES OF TEN
FORTY NINE REALTY TRUST,
Plaintiffs
V.
D. ROBERT NICETTA, AS HE IS
BUILDING COMMISSIONER AND ZONING
ENFORCEMENT OFFICER FOR THE TOWN
OF NORTH ANDOVER, AND THE TOWN
OF NORTH ANDOVER,
Defendants
COMPLAINT AND
REQUEST FOR A
PRELIMINARY
INJUNCTION
1. This is an
action brought
pursuant to
G. L. c. 240, S14A
by the owner of a pre-existing, nonconforming structure located in
North Andover, Massachusetts for a judicial determination of the
extent to which the North Andover Zoning By-law affects the
plaintiffs' proposed repairs to the structure and minor interior
alterations within the structure. The plaintiffs also seek
preliminary and permanent injunctive relief against the defendants
to prevent them from wrongfully enforcing the North Andover Zoning
By-law to prevent the plaintiffs from making immediately necessary
repairs and minor interior alterations.
2. The plaintiffs, Charles Piscatelli and William F.
Barrett, are trustees of the Ten Forty Nine Realty Trust, owners of
the structure at issue.
I/
3. The defendant, D. Robert Nicetta, is the duly appointed
and authorized building commissioner and zoning enforcement officer
for the Town of North Andover.
4. The defendant, the Town of North Andover, is a municipal
corporation duly organized under the laws of the Commonwealth of
Massachusetts and located in the County of Essex.
5. The structure at issue, located at 1049 Turnpike Street
(Route 114), North Andover, Massachusetts, is a two-story wood
frame single family home situated on a parcel (approximately one
acre) in the Industrial 1 Zoning District of the Town of North
Andover. A true and accurate copy of the North Andover Zoning By-
laws revised as of 1995 is attached to the Affidavit of William K.
Barrett as Exhibit "A".
6. The plaintiff purchased the house in March of 1995 with
the intent of moving the offices of the plaintiff William Barrett's
construction/development company into the building.
7. In the Industrial 1 District, under Section 4.132 of the
North Andover Zoning By-law, business, professional, and other
office uses are permitted as of right. Residential uses are not
permitted in the Industrial 1 District as of right.
8. The house, however, is nonconforming as to the front and
side setback requirements of the by-law. Under footnote 1 to the
Table of Dimensional Requirements in the North Andover Zoning By-
law, there is a 100 -foot front setback requirement for structures
in the Industrial 1 District located on Route 114. The house at
-2-
1049 Turnpike Street is on Route 114 and is approximately 15 feet
from the street. The Table requires a 50 -foot sideyard requirement
for structures in the Industrial 1 District. The distances from
the side lot lines are: approximately 42 feet from the right lot
line and approximately 36 feet from the left lot line.
9. The structure is lawfully nonconforming because it was
built in approximately 1928 and the North Andover zoning by-law was
first adopted at the annual town meeting of March 13, 1943.
10. On August 7, 1995, Ten Forty Nine Realty Trust submitted
an application to the Town of North Andover Zoning Board of Appeals
requesting authorization to expand the existing house by adding an
exterior staircase, finishing the existing 441 square feet on the
second floor and adding 270 square feet to the second floor.
11. On September 12, 1995, the Board of Appeals held a
hearing on the application to expand a pre-existing nonconforming
use. The hearing was continued to September 19, 1995 and on
September 20, 1995, the Board issued an opinion finding that the
proposed changes to the pre-existing, nonconforming structure
"shall not be substantially more detrimental than the existing
nonconforming structure to the neighborhood." A true and accurate
copy of the Board's decision is attached to the Barrett Affidavit
as Exhibit Xll.(�
12. Thereafter, an abutting neighbor, Agnes Kmiec, filed an
action in the Essex Superior Court pursuant to Mass. G. L. c. 40A,
§17, challenging the Board's decision.
-3-
13. In order to avoid costly litigation and substantial delay
in using the building, .on December 12, 1995, plaintiff William
Barrett submitted a request to withdraw the special permit
application at issue in the Essex Superior Court litigation from
the North Andover Zoning Board of Appeals. A true and accurate
copy of this withdrawal is attached to the affidavit of William
'Barrett as Exhibit " However, the North Andover Zoning Board of
Appeals, at their regular meeting, voted to deny the plaintiff's
request to withdraw the application for special permit.
14. On December 13, 1995, plaintiff William Barrett filed two
separate applications for internal work to be performed on the
house to enable his business to move into the house and to protect
the house from exposure to the elements. Because the work and
repairs requested in the applications are internal, none of the
requested work will increase the nonconforming nature of the
structure.
15. The first building permit requested authorization to
install a new heating system with forced hot air and air
conditioning into the building.
16. There is currently no working heating system in the
building. The water system in the building brings water from the
well into the basement. Without a heating system, the water pipes
are likely to burst, causing substantial damage to the interior of
the building. Barrett sought a permit to authorize the
installation of a new heating system to prevent the situation.
-4-
17. The second application requested authorization to perform
the following work: '
(1) remove the existing chimney;
(2) remove or open a wall to a new kitchenette;
(3) enlarge the opening between the reception area and
the main hall; and
(4) install interior partitions (none structural) on the
second floor to allow for a small storage room and one office.
True and accurate copies of the building applications filed on
December 13, 1995 are attached to the Affidavit of plaintiff
c
William Barrett as Exhibits "" and ".
18. Plaintiff requested authorization to remove the existing
chimney because the chimney has decomposed and is in danger of
further decomposing and disintegrating.
19. The roof is currently open over a portion of the chimney
that has already been removed. The open roof is covered with a
tarp; however, because of heavy snowfall during this winter, snow
is coming through the tarp and going into the building.
20. Further substantial damage to the chimney will occur if
the chimney is not removed and further substantial damage to the
interior finish of the house including the walls, ceilings and
floors will occur if the snow is allowed to enter through the roof
in the location of the chimney.
21. On December 26, 1995, the building inspector for the Town
of North Andover, D. Robert Nicetta, denied both building permit
-5-
applications Barrett filed on December 13, 1995. A true and
accurate copy of Mr. Nicetta's denial is attached to the affidavit
of William Barrett as Exhibit 'IF'.
22. One of the reasons stated by Mr. Nicetta for the denial
of the applications is that:
"The subject property is under litigation by Agnes M. Kmiec
(Civil Suit No. 95-220) v. the North Andover Zoning Board of
Appeals and, as such will not be issued a building permit
until the civil suit has been decided."
23. Since the plaintiff's construction/ development company
has not had an office on Turnpike Road, plaintiff has lost valuable
exposure to potential customers, suffered great inconvenience and
imposed inconvenience on its customers, contractors, workers and
others due to being forced to conduct its business from a location
that has less exposure to the public, is less conveniently located,
and is inadequate for the needs of the business-
24.
usiness-24. Plaintiff William K. Barrett has suffered severe
emotional distress, and continues to suffer severe emotional
distress, due to the building inspector's refusal to allow him to
make necessary repairs to the building. As the winter progresses,
and weather becomes more severe, Barrett has been forced to watch
his building go to waste because he cannot make the repairs,
causing significant emotional distress.
25. Section 9.1 of the North Andover Zoning By-laws provides:
Any lawfully nonconforming building or structure and any
lawfully nonconforming use of a building or land may be
continued in the. same kind or manner and to the same extent as
the time it became lawfully nonconforming, but such building
or use shall not at any time be changed, extended, or
cm
enlarged, except for a purpose permitted in the zoning
district in which such building or use is situated . . . .
(emphasis added)
26. Under the North Andover Zoning By-law, a change,
extension, or enlargement of a pre-existing nonconforming structure
is permitted as of right if the change, extension, or enlargement
is for a purpose permitted under the zoning district in which the
building is situated.
27. Since the proposed repairs and minor alterations in the
plaintiff's December 13 building permit applications are for the
purpose of conducting an office use, which is permitted as of right
in the Industrial 1 District in which the structure is located, the
building inspector, in denying the permit on the grounds of the
existing litigation, acted in excess of his authority.
28. Nowhere does the North Andover Zoning By-law prohibit or
limit repairs to a pre-existing, nonconforming. structure in any
way.
29. The building inspector, in denying a building permit
application for necessary repairs to the building on the basis of
pending litigation concerning the expansion of the building, acted
in excess of his authority.
30. G. L. c. 40A, §6 provides that a zoning ordinance or by-
law shall apply to any alteration of a pre-existing nonconforming
structure "except where alteration . . . to a single or two family
residential structure does not increase the nonconforming nature of
said structure."
-7-
31. Because the proposed work and repairs are strictly
internal, as a matter of law they do not increase the nonconforming
nature of the single family structure, which is nonconforming
solely by virtue of insufficient setbacks.
32. Section 9.2 of the North Andover Zoning By-law has no
applicability to plaintiffs' requested repairs and minor interior
alterations to their structure because Section 9.2 pertains only to
nonconforming uses and structures housing nonconforming uses and
does not pertain to nonconforming structures housing permitted
uses.
33. The criteria set forth in paragraphs 3 and 4 of Section
9.2 of the North Andover Zoning By-law are invalid because they are
less tolerant of nonconforming uses and structures than G. L. c.
40A, §6 which sets forth the minimum tolerance to be accorded to
nonconforming uses and structures.
34. For the reasons set forth above, an actual controversy
exists between the plaintiffs and the defendants regarding the
plaintiffs' rights under the North Andover Zoning By-law to perform
necessary repairs, and to perform minor internal alterations to the
lawful, pre-existing, nonconforming structure at issue.
35. Unless granted the relief sought herein, the plaintiffs
will suffer immediate irreparable injury in that they will be
unable to use their building as provided under G. L. c. 40A, §6 and
the North Andover Zoning By-law, §9.1.
36. Unless granted the relief sought herein, the plaintiffs
will suffer immediate irreparable injury in that the building will
go to waste if continued exposure to the elements occurs, in
particular, if vast amounts of snow enters the building through the
hole in the roof and if the heating system is not replaced and the
pipes freeze and burst.
37. Unless granted the relief sought herein, the plaintiffs
will suffer immediate irreparable injury to their business because
they will be prevented from conducting their business at a
convenient location and in a building adequate to meet the needs of
the business.
38. Unless granted the relief sought herein, plaintiff
William K. Barrett will continue to suffer immediate irreparable
harm insofar as he has incurred and will continue to incur severe
emotional distress due to the defendants' refusal to permit him to
make necessary repairs to his building.
WHEREFORE, plaintiffs pray:
A. That this Court enter a declaratory judgment, declaring:
1. The requested work and repairs in the December 13,
1995 building permit applications are specifically
authorized, without a finding by the North Andover
Zoning Board of Appeals, in Section 9.1 of the
North Andover Zoning By-law because the proposed
use is a lawful use as of right under the zoning
by-law;
2. Insofar as the proposed work and repairs contained
in the December 13, 1995 building applications
request authorization to make necessary repairs to
the structure, as opposed to a change, expansion or
alteration of the structure, said repairs are not
prohibited by the North Andover Zoning By-law, and
are permitted as of right under G. L. c. 40A, §6;
3. Pursuant to G. L. c. 40A, §6, the work and repairs
requested in the December 113, 1995 applications for
building permits do not increase the nonconforming
nature of a single-family residential structure and
therefore the North Andover Zoning By-law does not
apply to said work and repairs;
4. Section 9.2 of the North Andover Zoning By-law
applies only to nonconforming uses and structures
housing nonconforming uses and does not apply to
nonconforming structures housing a permitted use
.and, accordingly, does not apply to plaintiffs'
request for repairs and minor interior alterations
to enable a permitted use;
5. Section 9.2 of the North Andover Zoning By-law,
paragraphs 3 and 4 are less tolerant of
nonconforming uses than Chapter 40A, Section 6 and,
therefore, said paragraphs are invalid and
unenforceable.
B. That this Court award the following temporary,
preliminary, and permanent injunctive relief to the
plaintiffs:
1. The defendants are enjoined from denying the two
December 13, 1995 building permit applications
submitted by the plaintiffs on the grounds that the
work and repairs are not permitted under the North
Andover Zoning By-law or G. L. c. 40A,_§6;
2. The defendants are enjoined from denying the
building permit applications of December 13, 1995
on the grounds that the prior litigation concerning
an expansion of a nonconforming use is pending in
the Essex Superior Court;
3. The defendants are ordered to make a zoning
determination, consistent with this order, that the
work and repairs requested to be authorized in the
December 13, 1994 building permit applications are
authorized by the North Andover Zoning By-law and
G. L. c. 40A, §6;
4. The defendants are enjoined from acting in any
manner to use the North Andover Zoning By-law as an
excuse or pretext to prevent plaintiffs from
performing the repairs and work which are the
subject of the December 13, 1995 building permit
applications;
5. The defendants are enjoined from applying the
provisions of Section 9.2 of the North Andover
-10-
Zoning By-law to the plaintiffs' proposed repairs
and minor interior alterations; and
6. The defendants are enjoined from applying
paragraphs 3 and 4 of Section 9.2 to the
plaintiff's proposed repairs and minor interior
alterations because paragraphs 3 and 4 of Section
9.2 are invalid and unenforceable.
Respectfully submitted,
CHARLES PISCATELLI and WILLIAM
K. BARRETT, TRUSTEES OF TEN
FORTY NINE REALTY TRUST,
By their attorneys,
Dated: January 10, 1996
c4r,�Z�� _11�_
Catherine J Savoie, BBO 544599
Posternak, Blankstein & Lund
100 Charles River Plaza
Boston, MA 02114
(617) 973-6100
ATF16OF5/8894-5
-11-
Town of North Andover
. OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
KENNETH R MAHONY
Director
December 21, 1995
146 Main Street
North Andover, Massachusetts 01845
(508) 688-9533
Mr. William Barrett
Ten Forty Nine Realty Trust
701(c) Salem Street
North Andover, MA 01845
C�Op�
Re: Request for withdrawal for petition # 042-95
Dear Mr. Barrett:
This letter serves as a response to your request for withdrawal of your petition without
prejudice for property located at 1049 Turnpike Street. The Board cannot grant your request
because a decision has been filed. The petition can only be withdrawn prior to the issuance
of a decision. If you have any questions please feel free to contact the Department.
Sincerely,
i
William Sullivan
Zoning Board of Appeals Chairman
BOARD OF APPEALS 688-9541 BUILDING 683-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Stair Kathleen Bradley Colwell
TOWN OF NORTH ANDOVER
REQUEST FOR LEGAL SERVICES
NAME: D. Robert Nicetta
• L9101
TITLE: Building Commissioner
VDEPARTMENT Building/Community Development & Services
DESCRIPTION OF REQUEST: (Include such information as "request
for legal opinion" or "relates to pending litigation." Is this a
request of a committee or an individual member's concern; and
is the request high - low priority and explain why. Please attach
all relevant documentation.)
RLe-1-ates__to,pendi-ng-l_-it-igation .
RE:
Trustees --of :Ten -Forty-Nine :�eal,tZTrust
TIME FRAME: (By what date is a response needed; Please explain.)
As'soon as possible (Hearing scheduled for 1/17/96)
SUBMIT COMPLETED REQUEST FORM TO OFFICE OF
SELECTMEN FOR PROCESSING
Your request for legal services relative to
was:
Forwarded to Town Counsel
Date
Returned
Date:—
Reason:
ate:Reason:
Town Manager
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 '2M= Streit
North Andover, Massachusetts 01345
TO: Robert Nicetta, Building Inspector
FROM: Sandra Starr, Health Administrate
DATE: January 12, 1996
RE: 1049 Turnpike Street
' nt
0_ _.
v _... .
I have received your memo of January 11, 1996 with the attached Certificate of
Analysis from Biomarine of Gloucester stating to be a water analysis of well
water at 1049 Turnpike Street. I had not seen a water analysis associated with
this site prior to your memo.
I had a discussion with Mr. Barrett in December of 1995 in which I stated that
when he was ready, either Susan Ford or I would come out to 1049 Turnpike
Street and take a water sample from the tap for analysis. (I will also need to see
the actual location of the well on the site to ascertain setbacks to any sewage
disposal system and to determine if additional water tests for potential
contaminants are appropriate. With an old shallow dug well this is extremely
important and necessary to determine potability and safety of the water.)
To date I have not received a request for this from Mr. Barrett.
S0ARD0F.-1LPPE.US 688-9541 BUILDL`G 683-9545 CO`SER':AON 688-9530 HEALTH 688-9540 PUNNING 688-9535
s
Town of North AndoverN0RTH
OFFICE OF 3�oh`t °,�°0
COMMUNITY DEVELOPMENT AND SERVICES x
146 Main Street °' \ - •
KENNETH R MAHONY North Andover, Massachusetts 0184 "SSACHUS�<
Director (508) 688-9533
TO: Sandra Starr, Bcar . of _ ea_t:- Agent
FR0M O'ert Nicetta, wilding Ccmmissioner
DATE: January 11, 19 �S
RE: 1049 TURNPIKE ,.TFc= - ;vi l=iam K. Barrett d/b/a Colonial
Village Develccmen-
Please advise if ycu a_- , __. _ecei_t of a ccpy of the attached
Certi�lCate Of Lila V.^—__ �_Oi ,mC-
arine Of lOUCeSt2r, MA Wlt�.
regard to subject lccaticn. I= r_ot, I have attached a copy for
your comment.
In addition, kindly re-pcnd as tc - e present status of your letter
-regarding potable water a- 104-9 Turnpike Strut.
Thank you.
/gb
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicena Michael Howard Sandra Starr Kathleen Bradley Colwell
KENNETH R. MAHONY
Director
Town of North Andover M°RTM,
OFFICE OF 3?°e ``oto
COMMUNITY DEVELOPMENT AND SERVICES -
".
146 Main Street
North Andover, Massachusetts 01845
�9SSACMUS�t�c
(508) 688-9533
December 26, 1995
Mr. William K. Barrett, Trustee
Ten Forty -Nine Realty Trust
701C Salem Street
North Andover, MA 01845
RE: Building Permit Application
1049 Turnpike Street
Dear Mr. Barrett:
The Building Permit application as submitted indicates that the
structure at 1049 Turnpike Street is not connected to the town
water or sewer system. In checking with the Board of Health, I
have been advised that there is neither potable water nor an
approved sewerage disposal system at the site. Therefore, your
application for a Building Permit is DENIED.
Additionally, the subject property is under litigation by Agnes M.
Kmiec (Civil Suit No. 95-220) vs. the North Andover Zoning Board of
Appeals and, as such, will not be issued a Building Permit until
the Civil Suit has been decided.
Yours truly,
D. Robert Nicetta,
Building Commissioner
& Zoning Enforcement Officer
c/Kevin Mahoney, Interim Town Manager
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Purim - D. Robat Niwe is WKhs.el Howard Sandra Stmt Katbloen Bradley Colwell
Town of North Andover NQRTM
OFFICE OF
3?Qb tjLtD O,tiOQL
COMMUNITY DEVELOPMENT AND SERVICES °
a - •
146 Main Street
KENNETH R. MAHONY North Andover, Massachusetts 01845 9ss CHU
Director (508) 688-9533
December 26, 1995
Mr. William K. Barrett, Trustee
Ten Forty -Nine Realty Trust
701C Salem Street
North Andover, MA 01845
RE: Building Permit Application
1049 Turnpike Street
Dear Mr. Barrett:
The Building Permit application as submitted indicates that the
structure at 1049 Turnpike Street is not connected to the town
water or sewer system. In checking with the Board of Health, I
have been advised that there is neither potable water nor an
approved sewerage disposal system at the site. Therefore, your
application for a Building Permit is DENIED.
Additionally, the subject property is under litigation by Agnes M.
Kmiec (Civil Suit No. 95-220) vs. the North Andover Zoning Board of
Appeals and, as such, will not be issued a Building Permit until
the Civil Suit has been decided.
Yours truly,
D. Robert Nicetta,
Building Commissioner
& Zoning Enforcement Officer
DRN:gb
c/Kevin Mahoney, Interim Town Manager
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert NiceGa Michael Howard Sandra Starr Kathleen Bradley Colwell
November 22, 1995
William K. Barrett, Trustee
Ten Forty Nine Realty Trust
701C Salem Street
North Andover, MA
Re: Building Permit Application received 11/13/95 for 1049
Turnpike Street
Dear Mr. Barrett:
Pursuant to our discussion, the following information must be
completed prior to any action being taken on the above referenced
application:
1. All distances, lot information
2. Existing foundation and framing information
3. Water and Sewer connections
4. More clarification/completeness of plans.
Please confirm that this application will supersede any previous
applications received by this Department on 10/10/95 and 10/27/95.
A copy of this application is attached for your convenience.
Sincerely,
Richard A. Colantuoni,
Local Inspector
c/R. Nicetta, Bldg. Commissioner
SENDER:
'y • Complete items 1 and/or 2 for additional services.
41 • Complete items 3, and 4a & b.
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Town of North Andover
. OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
KENNi; rx R. MAHONY North Andover, Massachusetts 01845
Director (508) 688-9533
November 15, 1995
William K. Barrett, Trustee
Ten Forty Nine Realty Trust
701C Salem Street
North Andover, MA
Re: Building Permit #95-122 of 4/12/95
Dear Mr. Barrett:
In regard to your letter of 11/14/95 referencing above Building
Permit, please be advised of tine following:
The subject Permit was issued for vinyl siding and replacement
windows. Any additional work at this location has not been
permitted and would have been performed without proper building
permit. This action would be in violation of 780 CMR, 113.1, which
reauires that permits be obtained yrior to any work being
performed.
in accordance with 780 CMR, 122.1 this will serve as written
notification to immediately cease and desist any work not permitted
on the premises and IMMEDIATELY file the necessary, permits for
interior and chimney demolition work.
Pursuant to 780 CMR 126, you may appeal this order within 45 days
of the receipt of same.
Failure to abate these VIOLATIONS will result in complaints being
filed against you as provided for in 780 CMR 121.0.
Si cerely,
is ara o a
Local Inspecto
RAC:gb
c/R. Nicetta, Bldg. Commissioner
METHOD OF SERVICE: Certified Mail, Return Receipt Requested
BOARD OF APPEALS 688-9541 BUIL.DINQ* 6M9545 CONSERVATION 68&9530 HEALTH 688-9540 PLANNING 688-9535
Julie Par iao D. Robert Nicaua Michael Howard Sandra Steer Kathlm Bradley Colwell
TO: Sandra Starr, Board of Health Agent
FROM: Robert Nicetta, Building Commissioner
DATE: January 11, 1996
RE: 1049 TURNPIKE STREET - William K. Barrett d/b/a Colonial
Village Development
Please advise if you are in receipt of a copy of the attached
Certificate of Analysis from Biomarine of Gloucester, MA with
regard to subject location. If not, I have attached a copy for
your comment.
In addition, kindly respond as to the present status of your letter
regarding potable water at 1049 Turnpike Street.
Thank you.
/gb
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