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HomeMy WebLinkAboutMiscellaneous - 1077 OSGOOD STREET 4/30/2018 (23) /077 �-- j �'�• leadv,.� s Town of North Andover March 13.2012 Gerald Brown Inspector of Buildings Dear Mr. Brown, Please have this notification serve as a formal complaint against Butcher Boy market for violation of their initial petition to build.They have recently placed two dumpsters at the rear of their building without first having gone before the ZBA, a requirement of the special permit granted to them. They also store an ice-making machine at the rear of their business which I believe violates the land court decision dated 31 October,case No. 328227. The storage of business related miscellaneous items around their dry storage containers is extremely unsightly and detracts from the enjoyment of my property. I ask that you conduct an inspection to verify my claims and resolve these violations by enforcement of the Town's regulations and correction of the problem. Frank J. Ragonese 1939 Great Pond Road North Andover,MA. 01845 Cc: Curt Bellavartce Director Butcher Boy Market March 23,2012 105 CMR 410.600 Land—The owner of any parcel of land,vacant or other wise,shall be responsible for maintain such parcel of land in a clean and sanitary condition and free from garbage,rubbish or other refuse.The owner of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well being of the occupants of any dwelling or of the general public. Issue/observation violation Date Corrected Litter and/or trash along the 105 CMR 410.600 building or in the wetland area Food,dirt and grease build up 105 CMR 410.600 around the delivery areas,doorways storage containers and grease dum sters near lobster tail White liquid from area of Orzo exit 105 CMR 410.600 to grate. Illicit disposal of chemicals, i.e. mop water, is occurring onto the parking lot and into the storm drain catch basins. Old Refrigerator,pallets dollies etc. 105 CMR 410.600, food code Storage of unused equipment is regarding keeping site clear of improper,must be removed. items which could harbor or attract Location does not allow for proper rodents maintenance and cleaning of the exterior Excessive outside storage of 1999 Food Code—4-601.11 Non- equipment intended for interior use food contact surfaces shall be kept of food establishments; mops,carts, free of an accumulation of dust, shopping carriages. If broken dirt, food residue and other debris. remove from site; otherwise store in 4-903 cleaned and sanitized the interior of a building or a equipment may not be stored storage unit. under other sources of contamination Storage unit in disrepair, rotting; 105 CMR 410.600, food code dirt build up etc. found left open regarding non-food storage and and unattended. Box of dry food food storage Orzo area Sincerer, Susan Sawyer,R.S. Public Health Director Attached: notice 1600 Osgood Street,North Andover,Mossochusetts 01845 Phone 918.688.9540 Fox 918.688.8416 Web www.lownofnorlhandover.com I North Andover Health Department Community Development Division March 23, 2012 Al Yameen Butcher Boy Market 1077 Osgood Street North Andover,MA 01845 Re: Site inspection 3/16/2012 Dear Mr. Yameen, On March 16,2012 members of the Health and Planning Departments conducted a site inspection with you,at the rear delivery area of Butcher Boy Market plaza.The purpose of the site inspection was in response to a complaint regarding two new unpennitted dumpsters; however additional conditions of concern were also observed. Violations were noted that affect several Community Development Departments, but this letter specifically addresses Health Department issues and violations. First item of concern is the issue of the dumpsters. Butcher Boy's current dumpster permit is for the existing compactor. Our discussion centered on a proposal that would not be for the two dumpsters currently in violation,as these will be removed. Rather, a request will be for an additional compactor for recycling materials to be included in their existing permit. Please submit a plan for the new proposal along with a narrative that addresses the need, as well as describes the proposal.Please keep the regulations in mind.The Butcher Boy grease dumpster location currently is not on a solid surface and it is not enclosed. This must also be corrected. Although many tenant actions may have contributed to the issues described below,Butcher Boy is ultimately responsible for the build up of site conditions and sanitation code violations. As the landlord, you can enforce any tenant agreements that relate to these items noted below or you may choose to address them on your own. Attached is a sample Health Department letter to tenants. Feel free to use this in notifying your tenants that corrective measures are required at your site,but it is not a required condition. Health Department Food Code inspections of the tenant facilities will be forthcoming in the near future and discussions of unsanitary conditions in the receiving areas will be discussed individually at those inspections. This letter is an official Order.The Health Department requests a plan of corrective action be submitted by March 30, 2012 or that these items will be corrected by April 2,2012.A re- inspection will be conducted on that day. If you have any questions,please contact the Health Department. URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 617-338-2200 Andover e-mail tju@uf-law.com Telecopier 617-338-0122 Telephone 978-475-4552 November 28, 2007 Zoning Board of Appeals North Andover Town Offices 1600 Osgood Street North Andover, MA 01845 RE: FRANK J. RAGONESE V.MANZI,ET AL. Dear Board Members: Enclosed please find the Order on Defendants Butcher Boy Meat Market, Inc. and Angus Realty Corporation's Motion for Thirty-Day Stay of Judgment dated November 26, 2007. Please call if you have any questions. Very truly yours, J Thomas J belis TJU/kmp Enclosure cc: Board of Selectmen (w/enc) Mark Rees (w/enc) Curt Beliavance (w/enc) Gerald Brown (w/enc) 1 • y (SEAL) COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT LAND COURT DEPARTMENT ESSEX, ss. MISC. CASE NO. 328227 (KCL) FRANK J. RAGONESE, ) Plaintiff, ) V. ) ALBERT MANZI III, ELLEN McINTYRE,) JOSEPH LaGRASSE, RICHARD BYERS, ) and THOMAS IPPOLITO, as members of ) the North Andover Board of Appeals, ) GERALD BROWN, as Building Inspector ) of the Town of North Andover, BUTCHER ) BOY MEAT MARKET, INC., and ) ANGUS REALTY CORPORATION, ) Defendants. ) ORDER ON DEFENDANTS BUTCHER BOY MEAT.MARKET, INC. AND ANGUS REALTY CORPORATION'S MOTION FOR THIRTY-DAY STAY OF JUDGMENT By agreement of the parties, the injunctive orders in the final judgment (1) directing the building inspector to enforce the North Andover Zoning Bylaw in accordance with the Decision of the court dated October 31, 2007, and (2) directing Butcher Boy Meat Market, Inc. and Angus Realty Corporation to remove the trailers from the setback by no later than thirty days from the date of the judgment (i.e. on or be.fore November 30, 2007) are hereby STAYED for an additional thirty days and shall now take effect January 2, 2008. SO ORDE D. u on J.) A st: Deborah J. Patterson, Recorder Dated: 26 November 2007 ATRUE COPY ATTEST: RECORDER Ua II treV C?"Smitk, P.C _/�rnaa qC a r0. 12.,, 1317 300 em.Street,oCawre., i'Y/���J a 01842 ,J6ioma6 ✓IYEEEl2 - 978-686-6151 - 5. 978-683-3399 p I ITA //fit. MCAFFREY@CAFFREYSMITH.COM aCao ad/mitted in UI.Lte: CAFFREYSMITH.COM November 27, 2007 BY HAND Mr. Thomas Trowbridge, DDS, MD Chairman, North Andover Board of Health 1600 Osgood Street North Andover, MA 01845 Re: Butcher Boy Meat Market, Inc. / Angus Realty Corp. Dear Mr. Trowbridge: This is in response to your letter dated November 13, 2007 . As you may know, Mr. Ragonese, the abutter to the property which is owned by my client, has filed a civil action in Land Court against my client and the North Andover Zoning Board. In that action, Mr. Ragonese sought the removal of the trailers in question. Yesterday, the Land Court ordered that my client must cease using the trailers in their current configuration by no later than January 2, 2008 . My client will abide by the Court ' s Order. I believe the Court ' s decision will render moot the issues raised by the Board of Health, but please call me if you have any questions regarding this matter. Very truly yours, Matthew A. Caffrey cc: Client Mark Rees, Town Manager Gerald Brown, Building Inspector Ly w Of pORTH a O 14S-6D ,61 �O 3'? °�'��- 6 OL O � o . ,. 9«NCMM[Y CHUs���g BUILDING DEPARTMENT Community Development Division MEMORANDUM To: Commonwealth of Massachusetts Department of Public Safety Board of Building Regulations and Standards One Ashburton Place,Room 1301 Boston,Massachusetts 02108-1618 From: Gerald A. Brown, Inspector of Buddings/Zoning Enforcement Offce Re: Appellant Frank J. Ragonese, 1939 Great Pond Road,Property A er to 1077 Osgood Street,North Andover, MA 01845 Date: November 28, 2006 I received the registered, return receipt State Building Code Appeals Board Appeal Application Form filed by Mr. Ragonese on November 22, 2006. Please accept the enclosed April 27, 2006 letter to Mr. Ragonese and the North Andover Zoning Board of Appeals denial decision 2006-023 as my response. The North Andover Zoning Bylaw does not include registered, wheeled trailers in the list of structure types. Registered, wheeled trailers are outside the scope of a Zoning Enforcement Officer or an Inspector of Buildings. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com The Commonwealth of Massachusetts Department of Public Safety Board of Building Regulations and Standards One Ashburton Place,Room 1301 Boston, Massachusetts 02108-1618 Phone(617) 727-7532 Fax(617) 227-1754 STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORM DOCKET'NUMBE14 DATE (State Use Only) The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person. (Please fill-in the name of the appropriate municipal or state building inspector or other authorit3 Also,Also indicate if this is a request for a hearing de novo(new hearing)relative to a decision of a municipal app board.) Building Official from the City/Town of r do A I At 0 V E R � �RZ14 �' 3i2oti; N SNS CLC, cit � � S. Board of Appeals from the City/Town of: (Request for heating de novo) State Building Official• Other: Please mark the appropriate box indicating the requested action to be considered by Appeals Board members. Variance Order Direction Interpretation Failure to Act Other STATE USE ONLY Fee Received Check Number Received By (This section must be completed or the application will be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? Noes El ' If,yes,please indicate the date of the previous appeal,whether the matter was `�, heard before ! S or sta,�S te.ap.eals board,the code section that was at issue,and the specifics of the decision (i.e.a variance was granted\not granted). V 2 20 r;7 �` 4 5 :r f Please take care to submit all written supporting documentation with this application to allow time for review. However,Board members reserve the right to continue proceedings if such material warrant extensive review. Please provide a brief description of the desired relief below. Additional information may be attached if space is not sufficient. All appropriate code sections that are subject to appeal must be identified in the description. �- r ` 0 r J a w. n J t ,�►a .4..t. as N J e A -f c roz C e •-rte 0 Cr., V(f K 12,e 2 f c)Wo a vZ © fz tk e rt y_ e.-I t ro�0 7'a VA � jJe J'wt$"T moi ., n ' '' j/ L v I_`P 1 0 t4 C *- W ` a �.�/ c d, ✓L� I i (,1 11 v n 1 S.s(F f r- ia rG,.I . L G) /j'`Z c Please complete the following section completely and accurately. LA Se 0 CG u ,3 h C4. Name of F g A qi K -', R AC-I t�4 e s C Representing: Appellant: s; o 4 r4- Cz k st',4 i Realty 7-,t"5,r Address For Service l y G�z e�'T ���� c RV-?d Telephone Fax Number g'�S°-'7g L/- y�� � Number. Address of Subject Property /0 77 Q S r v o c� Sr° (if different from �i // nn service address): A10 ;?ft A,4 UCo v eee, M ry� O��y� What is appellant's connection to subject property? _2 ep G 4-t- Iq k 6 K Ire- � Signature of Appellant and\-Repraftative Please Print Name Legibly Please return applications to: Program Manager,Board of Appeals Board of Building Regulations and Standards-One Ashburton Place,Room 1301 Boston,MA 02108.1618 5 STATE BUILDING CODE APPEALS BOARD Service Notice 1, �✓tdvA 6C �, 2�SEa►��'S •� as I!✓L iz 5 Te e for the Appellant/Rawione .T S 1 p 4 � acE a !may /�'a S an appeal filed with the State Building Code Appeals Board on 20 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND S'T'ANDARDS AND SECTION 1223.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: FMM,7--: NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE 1 �vtZ�c+ P. -9,roce)-1 -rks lcc y2 of 'gni 1��.15 5 2 3 Signature:Appellant or Petitioner�- (/ l��'VZ1 20 Q bOn the 2.0 Day of (2�1\ PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED Fy-n Ka5 C,ki -S-,c (Type or Print the Name of the Appellant) AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. QZ'zAji u 2clo NOTARY PUBLIC MY CON&IISSION EXPIRES 7 • DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS STATE BUILDING CODE(7th EDITION): (Check as appropriate) Do not complete the tables below for one and two family dwellings. Proceed to section entitled"Brief Description of the Proposed Work". DESCRIPTION OF PROPOSED WORK(check all applicable) New Construction Existing Building Repair(s) Alteration(s) Addition Accessory Bldg. Demolition Other S .5-rAu;;-T `:fit S "PLAC D 014 5r7-,6' Wolp ZR jA Brief Description of Proposed Work NA USE GROUP AND CONSTRUCTION TYPE USE GROUP(Circle appropriate Use Group) CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 1A A-4 A-5 1B B Business 2A E Educational 2B F Factory F-2 2C H High Hazard 3A I Institutional I-1 I-2 I-3 3B M Mercantile 4 R Residential R-1 R-2 R-3 5A S Storage S-1 S-2 5B U Utility Specify: M Mixed Use Specify: FA CTU i- 19 Al,V 0 C F►f: f(Y eR E 51Z 4 A 6,6' S Special Use Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: r— Proposed Use Group: Existing Hazard Index(780 CMR 34): Proposed Hazard Index(780 CMR 34): BUILDING HEIGHT AND AREA BUILDING AREA Existing(if applicable) Proposed Number of Floors or stories include basement levels f Floor Area per Floor(so Total Area(so 6 d Total Height(ft) Z Brief Description of the Proposed Work: 6 STATE BUILDING CODE APPEALS BOARD Service Notice L �Aayk T aAa , goes -r- as "I �2U 5�� for the Appellant/vawwmt, T tN e C e (e S/ % 1 �e /��/ T✓�''� S an appeal filed with the State Building Code Appeals Board on 20 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 122.3.1 OF THE STATE BUILDING CODE,I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE �erizlcl Af3.zvwiI -%'K5PeCroaa_ o-f T3,tiId�K� S twr.- :ted 0F 6 Ma: 1 ///.a A -1 wiA o4 doa2t(i AKcl ,VPt-t 12 1 2 3 Signature:Appellant or Petitioner On the 7 U) Day of V lCOWI t 20 0 b PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED FY2 V, 3-` (Type or Print the Name of the Appellant) AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. CAI r r 2C/0-7 NOTARY PUBLIC MY COMMSSION EXPIRES 7 b Of pORTFI O tt6,ED Jb 7y O L CHUs���y Town of North Andover BUILDING DEPARTMENT September 1, 2006 Thomas J. Urbelis, Attorney at Law 155 Federal St Boston MA 02110 Re: Butcher Boy Mail 1077 Osgood St North Andover MA 01845 Dear Tom, Please be advised that I am sending you the attached letter from an abutter to the Butcher Boy Mall. Please review and advise. Thank you for you assistance in this matter. Sincerely yours, Gerald A. Brown Inspector of Buildings Cc: file Doc.1077 Osgood ST Community Development Division, 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9545 rax 978.688.9542 Web www.townofnorthandaver.com August 28, 2006 Mr. Gerald Brown, Inspector of Buildings Town of North Andover, Town Hall 400 Osgood Street North Andover, MA 01845 Re; Butcher Boy Mall, 1077 Osgood Street—Request to implement 780 CMR (Massachusetts Building Code) retroactively. Dear Mr. Brown, I am writing to formally request that you retroactively implement and enforce the Massachusetts Building Code, 780 CMR, as you serve as the Inspector of Buildings for The Town of North Andover. My property abuts The Butcher Boy Mall so I am also making this.a formal written request as a party of interest and citizen of The Town of North Andover. As you know, there have been two accessory buildings/structures abutting my property in the same location for over a year. These have permanent wiring and recently a roof structure was constructed connecting both buildings without the benefit of a required building permit (780 CMR, chapter 1, sec. 110.1). These structures are in a specified location less than five (5) feet from the property line. The refrigeration equipment operates constantly making loud noise and has prevented me and other neighbors from enjoying the peace and quite to which we are entitled to. The constant noise,twenty four hours a day, seven days a week, is a brazen violation of 780 CMR, chapter 1, section 101.4 as it is adversely affecting my health and welfare. If these structures are not at least five(5) feet from the property line, they do not comply with 780 CMR, chapter 7, table 705.2. These buildings/structures, without question, meet the definition of both"buildings and structures" as stated in 780 CMR, chapter 2 and they have been in the same specified location with permanent wiring connections for over a year so they cannot be viewed as temporary structures (780 CMR, chapter 1, 110.2.1). Even if you believe they are somehow temporary, they still require building permits. It also seems that you are knowingly allowing use of said structures without the benefit of a certificate of use and occupancy as required in 780 CMR, chapter 1, sec. 120.1 and the use(s) appears to be of a moderate hazard (780 CMR, chapter 3, table 306.2): In light of the above, I respectfully request that you, as Inspector of Buildings for The Town of North Andover, notify the owner of the above referenced property that the structures are subject to building permits and require that these permits be obtained retroactively in accordance with 780 CMR, chapter 1, section 102.1 and if you believe they are in compliance, issue a certificate of use and occupancy(780 CMR, chapter 1, sec. 120.1). If you decide for some reason, not to require this action, I respectfully request that you notify me in writing and state the specific building code sections used as a basis for such denial. If you have questions or heed additional information, please contact me. I thank you in advance for your assistance with this matter. Yours, very tryly, �.. ��� Frank J. llagonel ,FEB-08-2006(WED) 12; 04 Butcher Boy (FRX)97868556t10 P. 002/012 Res Date/Time FEB-07-2006ME) 11 : 19 19794437973 P. 001 rhx sent by : 19?84437873 CAVANAUGH TOCCI 6Z-87-86 11:31 P9: 1/11 CAVANAUGH TOW ASSOCIATES, INCORpORATEE) 327 F BOSTON POST ROAD,SUDBURY,MA 01776.3027 •TEL (979)443.7871 - FAX: (9781443-7873 - EMAIL:Gra@d&v1*Kk�CLYm SEN)ORAND STAFF CONSULTANTS SEN10R PWNCIPALT NIDAEwC.CAA6A� WWW1.CAVM AUrjKFAM.EmffMfi )ONNT.�ODULE5 Cf�EG Y L TOCLI,PL MS&musUNf BpON G1(ONING WPAN L MA1i1MO PRMOPALS MICHAEL 0,MMYNM DGUGW K SaL OMSTeMEA A.SMFO UKOLN&MARY >ioSEMaAY JjMa HYJ.FODU(MI,1%WZAla.CWL KAKNOKfNOOUBR.OrA NIM 8d.Cwt ADMWSTR IM MATTHEW 1.MOORE M DONNAL RAFUS MAR*VNG M ANAGER PX'nWA AL CASUARTO CMULTANU NVOLA&Q BROWSE,SMPIE February 6,2006 MVART RANOAUJ.,M Kest Yameen ButtbW Bay lulgrket 1077 Osgood Street Nath Andove);,MA 01845 Fax:, 978-685-5640 Subject: Rofrigeradon Truck Noise Dear Ken, We undermM that a neighbor has complained of noise from two refrigeration trueks,"typioaily called reefers",whith are located in the rear parking lot of the Rutcher Soy Plaza_ As requested,we; visited the site for measurements and observations of existing conditions on January 20,2006. Note that the weather was clear'and unseasonably warm during our visit. It is our experience that locating such reefers in the back ofgrocery stores is common Date. We were unable to observe anything unusual in this regard,outer than an extacr ncly wen built and designed barrier system,which we understand was erected and installed in re Wnse to noise complaints. It should also be noted that the manufacturers Of these reefers have been contacted in order to inquire whether there may be additional noise control options,but we understand that there are no such additional noise control options. Furthermore,a portion of the generated noi5e energy is era mitted as vibrations directly into the strudwe of the attached trucks, so that the maces of the trucks typically radiate a certain amount Of the overall sowed,which is very dirket to further attenuate. Figure 1 is a schematic partial site plana showing the following: • The Butcher Boy Building The two reefers,with an acoustical entlosurc The gcnetal location of the neighbQring residence men BER FIRM.NATIONAL COUNCIL OF ACOVSTIM CONSULTANTS 1 ,FEB-08-2006(WED) 12; 04 Butcher Boy (FAX)97868556d0 P. 0031012 Rx Date/Time FEB-D7-2006(TUE) 11: 19 19784437873 P. 002 Fax sent by : 19794437873 CAuANAUCH TOM 02-07-1% ii:3i Pg: 2/11 Ken Yamecn Page 2 Refrigeratiort Truck Noise • A tine of trees,Which visually obscures the reefer ttucks and Butcher Boy building fixffd the neighboring residence. Note that such foliage does not acid any noise attenuation. The four primary noise tricatut+ernartt location►$,which wero chosen for reasons discussed below. Figura 2 is a reproduction of a photograph showing the refrigeration units,which are attached to the truck housing. Note that this photo also shows interior surfaces of the acoustical enclosure, including the roof and the back wall. It is these refrig&ation units which generale the reefer noise. Figure 3 shows the acoustical enclosure from the rear. Although the overall photo is stitched from two separate photos,it should be clear that this acoustical enclosure was of very high quality,consisting of exterior plywood(beyond which firther sound attenuation would not be possible)and enclosing all of the lines-of-sigbt(and extending that enclosure beyond lim-of sight)around the primary noise sources,and including a roof Note that this cnelosa e,roust Doty significant quantities of air to the refrigeration units,in order to maintain proper opera4on, but the opening is on the side away from the neighboring residents. fig=4 shows our sound level meter rnouatcd on a tripod at Location 1,and also shows the Closer reefer and the acoustical enclosure in the distance. Now that the Poland Springs truck was not preunt during any of our measurements. At Location 1,our microphono leas a direct ltn"f- sight 14 the reefers and the enclosure. the framing for trays does not represent a significant acoustical attenuator. Figure 5 shows the acoustical enclosure from the front(open)side, and shows our sound level teeter on a tripod at Location 3. As will be discussed later,Location 4 was at a corresponding location behind the enclosure,held by hand as high as possible,W order to maintain essentially a mirror image location at the rear of the,Cnelasume. Figure b shows the measured sound levels at Locations 3 and 4,which help to demonstrate the ofl'octxvcncas of the well-built acoustical enclosure. The difference in overall sound levels betwom the optn side and the closed side is 12 dBA,which is approaching the limit of overall sound attenuation that could be expected from such an enclome. Figure 7 shows measured soured levels at Lo=on 1. In all cases,we only measured sound when obvious irnermittent noise events wore not occurring,such as 14ud truck passbys on the nearby highway,which would greatly increase these noise levels. Salient features are as follows: • With the reefers off,measured sound levels were 44 dBA. in other words,background sound levels,between obvious intermittent noise events,was 49 dBA, • With the closer reefer only operating,noise levels increased to 53 dBA. With both-rcefen on, overall noise levels increased to 56 dBA. •FEB-08-2006(WED) 12;05 Butcher Boy (FRX)9786855640 P. 000/012 Rx Dote/Time FES-07-2006(TUE) 11 19 19789d37873 P. 063 Fax sent by ' 19784437873 CAUANAUGH TOM 82-87-86 11:32 Pg: 3/11 Ken Yameen Page 3 Refrigeration Truck Noise Figure 8 shows measured sound levels With both reefers on at Location 1,and at a more rerOte Location 2. Noise propapting from a complex ovma11structure,such as two reefats with acoustical enclosure,with reefer housing radiating some re$idual sound energy,leas a fairly . complicated propagation structure. However,in this case,our measurements indicate that although there are some variations in particular details of sound propagation,the sound levels moss the properly line,between the Butcher Boy building and the€eighboring residents,are rather consistent. One subtle variation was observed at Location 2,where we could faintly detect what appeared to be a slight reflection of reefct sound from the backside of the building,because of the open side of the acoustical enclosure. Outdoor noise comal involves only the three following possibilities: Quiet the sound source. Howevor,as we have been informed by the reefer manvf further noise control of the source is not possible. • Greatly increasing distances. For reference.each doubling Of distance for a simple sound source would be expected to result in a rmaoly 6 decibel drop.However,doubling the distance to the neighboring residents which would be impractical for a variety of reasons, and the dual-reefer sound source has complications that would minimize the benefits of relocation. • Acoustical barrier or enclosure. The existing acoustical enclosure is very well built,aad has been tested to provide nearly the maximum amount of barrier sound attenuation. We note that it may be possible to provide some Small reduction in sound rcflcctntd from the Butcher Boy building,by adding some sound absorptive materials to tho inside of the enclosure,such as would be provided by glass fibs'insulation(which must iii tum be provided with some weatherproofing or protection from weather and distress). Note that this added sound absorption would not provide a significant reduction in overall noise mmsmitted to the neighboring residence,but may have some 211 or faintly audible affect on the"timbre". in summary,the noise from the existing reefer and aeoustiW encloguye is viramny as quiet as could be expected. Significant further noise control MY not bt possible. Pleasa do not hesitate to contact us for additional assista=e. Sincdrely, CAVANAUGH TOM ASSOCIATES,INC. K.Anthony Hoover K�h/pas�4614 FEB-0,8-2006(WED) 12; 05 Butcher Boy (FAX)9786855640 P. 005/012 Rx Date/Time FEB-07-2006(TUE) 11: 19 19784437�73 PAN Fax sent by 19784437973 CAUAKAUGH TOM 82-87-86 11=32. Pg: 4/11 .roe CAVANAUGH TOM ,,c ASSOCI.A,TES, INCORPORATED ClAn 327 F 9(WON POSP RQAD. SUDBUP- MA 0I779 c c3cEo8r Gem TEUPHONE(878)443.7871 FAX (9781443.7873 S=6 i Ar. I .i,. ' i ,. .i _ � - I i •�� moi. I .. .'� ;, f ! OE Asti ! I ■-jam' I ! i i.. 1`1 ..i •. �!! ILI ' ti i s i i i I 1 FEB-08-2006(WED) 12; 05 Butcher Boy (FRX)9786855610 P. 006/012 Rx OatelTime FEB-07-20UC TUE) 11; 19 19TOWT8T3 P. 005 Fax sent bg 19784437873 CAUAMAUCH TOCCI 82-87-06 11:32 Pg: 5/11 I / 1 1 I CALF i I i i �t i r k. UN y L FEB-Q8-2006(WED) 12; 05 Butcher Boy (FAX)97868556d0 P. 007/012 Rx Date/Time FEO-07-2006(TUE) 11 : 19 1978AA37873 P, 006 y Fax $ent •bg = 19784437873 CAVANAUGH TOM 92-07-66 i1:32 Pg: 6/11 7 EW •4 WAU, FEB-08-2006(WED) 12; 05 Butcher Boy (FRX)97868556d0 P. 008/012 Rx Date/Time PE9-07-2005(TUE) 11: 19 P. 007 Fax sent by 19784437873 CAUANAUGH TOM 82-87-86 11:32 Pg: 7/11 i . r` . f _I� A 1 r 1 1 A1 1 1 I I i Coil -Mtpct�) F . FEB-Q8-2006(WED) 12; 05 Butcher Boy (FRX)9786855640 P. 009/012 RK Date/TiAi FEB-07-2006(TUE) It : l4 1978dd37873 P. 008 Y Fax sent bg 15784437873 CAUANAUCH TOM 82-07-06 11:32 Pg: 0/11 MOM FEB-08-2006(WED) 12, 05 Butcher Boy (FRX)9786855640 P. Olulule Rn Date/Tine FEB-07-2006(TUE) 11; 19 19784437873 P. 009 Fox sort bg : 1970443?873 CAVANAUGHHTOCCr1A 02-07-96 1133 PQ; 9/ii CAVAN'AUGH TOCC . A,SSOCZATES, INCORPORATED 327 F BOSTON POST ROAD. SUDBURY. MA 01776 TELEPHONE (SOB) 4d3.7B71 FAX (508) 443-7973 i 70 3 T y + + sc + + T 63 125 250 500 1000 2000 4000 B000 MIJENCY IN HERTZ 74 AA [ t sm em —csgD CANF- ;- , rFees CO-A . EB-08-2006(WED) 12; 05 Butcher Boy (FRX)9786855640 P. 0111012 Rx Date/Time FEB-07-2006(TUE) 11; 19 19784437873 P. 010 r -Fax sent by : 19784437873 CAUMAUGH TOM 82-87-86 11:33 Pg: 18/11 CA.VANAUGH TQCCZ ASSOCIATES, INCORFORATM) 327 F BOSTON POSY ROAD. SUDBURY. SSA 01176 TELEPHONE (506)443-7971 FAX (509).443-7373 It� T qQ Q ltJ + r Q T a X 63 125 250 S00 ' 1000 2000 4000 8000 FREZ ENCY IN HER1Z C-ESFM6 a1=19 41 a(U �c •, x �.t. t ABA —0 E'C'M as ' FEB-08-2006(WED) 12; 05 Butcher Boy (FRU 97868556a0 P. 0121012 Rx Date/Time FEB-07-2006(1UE) 11: 19 1978dd37B73 P. 011 •Fox scut by : 13784437M CAUAHAUGH TOCCI 92-67-06 11:33 Pgt Wti CAV•ANAUC'H TOCCI ASSOCIATES, INC0ItPOP,A?ED 371 F BOSTON POST ROAD. SUDBURY: MA 01776 TELEPHONE {S08)4437371 FAX (SOS) 449.7673 s �q A $ I (00Z + + T _ + T Y T ,r4f3 z T �'~+ . 63 125 250 500 ' 1000 2000 4000 5000 FFA UENCY W HE}1TZ w TOWN OF NORTH ANDOVER ' OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ,,°errs Mark 1-I. Rees ��o°s. � Telephone(978) 688-9510 Town Mcnuxger o FAX (978) 688-9556 AEri415�'{ October 24, 2005 Mr. Jerry Brown Inspector of Buildings Town of North Andover Ms. Susan Sawyer Director of Health Town of North Andover Dear Jerry and Susan, I recently tried to informally mediate a dispute between the owner of Butcher Boy Market,Mr. Thomas Yameen, and his neighbor, Mr. Frank Ragonese,regarding noise emanating from two air-conditioned trailers located behind the Butcher Boy store. Please see attached letter from Mr. Ragonese for additional details on his complaint. Unfortunately, I have been unsuccessful in that endeavor. Mr. Yameen arranged to have a noise barrier constructed, however, Mr. Ragonese has informed the town that it is inadequate. As such, I am referring this matter to the two of you, as the town's Inspector of Building and Health Director for investigation and resolution, consistent with applicable rules and regulations. Should you have any questions or need additional information, do not hesitate to contact me. YThank u, K N ar H. Rees Town Manager Cc: Curt Bellavance, Director of Community Development Mr. Frank J. Ragonese Mr. Thomas Yameen ra,'?'88:'2885 88:31 IPSWICH ASSESSORS 919786889556 Ho..3199 D82 r I September 8,2005 Raymond T. Santilli Assistant Town Manager Town Hall North Andover, MA 01845 bear Mr. Santilli: Please accept this letter as my formal complaint for a noise condition created, at the rear of the Butcher Boy Mall property which I ask be given.immediate attention. Recently two refrigeration bores were brought in and located immediately adjacent to my Westerly lot line. They were brought in to replace two smaller twits previously there, These new units nin continuously 24 hours a day, 7 days a week,ttuming on and off approximately every 5 minutes. During the daytime hours, everyday sounds mask the loud pounding of the corepressors. M the silence of the night, when all is still, the noise is Likened to a continuous pounding jack hanuner. It is impossible to sleep with the windows open. Closing them rely diminishes the noise slightly and does not improve the condition to an acceptable level. As loud as the noise is outside, it is amplified when.heard from inside my home. Last week my daughter who was visiting for the weekend ended up sleeping on a downstairs couch it, order to sleep. Her stay was shortened because of the disturbance, and she left in order to have a full night's resdPal sleep. 1 leave tried to be tolerant of this disturbance, but it is impossible. Every citizen is entitled to a restful night of sleep. These boxes were installed with complete disregard to the adverse impact on nee as the immediate abutter. This.happened once before, and the Town had to step in to correct the situation. l am requesting that Tow, officials do it once again and this time make the solution permanent. I am sure that the same individuals responsible, for this condition sleep in their honnes in the comfort of silence. As owners of a strip mall, their concern should be that their actions do not diminish the quality of life of their neighbors. There was no hardship that necessitated the instai.lation of these boxes. I avi asking that you please give this your immediate attention.. I may be reached at work at (978) 356-0003, Sincerely, Frank r. Ragonese Massachusetts Noise Regulations 310-CMR-7.10 Page 1 of 2 The Commonwealth of Massachusetts Department of Environmental Protection (DEP) Noise Control Regulation 310 CMR 7.10 310 CMR 7.10 Noise (1) No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that may cause noise. (2) 310 CMR 7.10(1) shall pertain to, but shall not be limited to, prolonged unattended sounding of burglar alarms, construction and demolition equipment which characteristically emit sound but which may be fitted and accommodated with equipment such as enclosures to suppress sound or may be operated in a manner so as to suppress sound, suppressible and preventable industrial and commercial sources of sound, and other man-made sounds that cause noise. (3) 310 CMR 7.10(1) shall not apply to sounds emitted during and associated with: 1. parades, public gatherings, or sporting events, for which permits have been issued provided that said parades, public gatherings, or sporting events in one city or town do not cause noise in another city or town; 2. emergency police, fire, and ambulance vehicles; 3. police, fire, and civil and national defense activities; 4. domestic equipment such as lawn mowers and power saws between the hours of 7:00 A.M. and 9:00 P.M. (4) 310 CMR 7.10(1) is subject to the enforcement provisions specified in 310 CMR 7.52. The DEP has established a Noise Level Policy for implementing this regulation. The policy specifies that the ambient sound level, measured at the property line of the facility or at the nearest inhabited buildings, shall not be increased by more than 10 decibels weighted for the "A" scale [dB(A)] due to the sound from the facility during its operating hours. The ambient sound level is the sound from all sources other than the particular sound of interest; also known as the background sound level. The ambient sound measurement (A-weighted sound level) is taken where the offending sound http://airandnoise.com/MA310CMR710.html 11/16/2005 Massachusetts Noise Regulations 310-CMR-7.10 Page 2 of 2 � 4 I cannot be heard, or with the sound source shut-off. The ambient sound level is rarely found to be constant over time, and is usually quite variable. The ambient sound level is considered to be the level that is exceeded 90% of the time that the noise measurements are taken. The ambient sound level may also be established by other means with the consent of the DEP. The dB(A) unit of sound measurement is altered (or weighted) to reflect human sound sensitivity. For instance, for those frequencies of sound which humans hear very well, the actual reading is enhanced, or increased, in the weighting process. The "weighted" reading therefore emphasizes the frequencies best heard by humans, and likewise de-emphasizes those sound frequencies which are less well heard. The guideline further states that the facility shall not produce a pure-tone condition at the property line (or at the nearest inhabited buildings). A pure-tone exists if the sound pressure level, at any given octave band center frequency, exceeds the levels of the two adjacent octave bands by three (3) or more decibels. The Massachusetts Department of Environmental Protection (DEP) adopted this Noise Control Regulation, 310 CMR 7.10, under the authority of M.G.L. Chapter 111, Section 142B and 142D. The Noise Control Regulation is used to limit the sound impact of new stationary sources and to respond to complaints of certain excessive sound. The DEP Noise Control Regulation can be enforced by local officials under the authority of 310 CMR7.52 310 CMR 7.52 Enforcement Provisions "Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the DEP to enforce, as provided in M.G.L. c. 111, S 142B, any regulation in which specific reference to 310 CMR 7.52 is cited." Noise is defined in the Regulations as "...sound of sufficient intensity and/or duration as to cause or contribute to a condition of air pollution." Community Sound Level Criteria A source of sound will be considered to be in compliance with the DEP noise regulation 310 CMR 7.10(1) if the source does not: 1. Increase the broadband sound level by more than 10 dB(A) above ambient, or 2. Produce a pure tone condition. http://airandnoise.com/MA310CMR71O.html 11/16/2005 rage 1 ul z t The Commonwealth of Massachusetts Department of Environmental Protection (DEP) Noise Control Regulation 310 CMR 7.10 310 CMR 7.10 Noise (1) No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that may cause noise. (2) 310 CMR 7.10(1) shall pertain to, but shall not be limited to, prolonged unattended sounding of burglar alarms, construction and demolition equipment which characteristically emit sound but which may be fitted and accommodated with equipment such as enclosures to suppress sound or may be operated in a manner so as to suppress sound, suppressible and preventable industrial and commercial sources of sound, and other man-made sounds that cause noise. (3) 310 CMR 7.10(1) shall not apply to sounds emitted during and associated with: 1. parades, public gatherings, or sporting events, for which permits have been issued provided that said parades, public gatherings, or sporting events in one city or town do not cause noise in another city or town; 2. emergency police, fire, and ambulance vehicles; 3. police, fire, and civil and national defense activities; 4. domestic equipment such as lawn mowers and power saws between the hours of 7:00 A.M. and 9:00 P.M. (4) 310 CMR 7.10(1) is subject to the enforcement provisions specified in 310 CMR 7.52. The DEP has established a Noise Level Policy for implementing this regulation. The policy specifies that the ambient sound level, measured at the property line of the facility or at the nearest inhabited buildings, shall not be increased by more than 10 decibels weighted for the "A" scale [dB(A)] due to the sound from the facility during its operating hours. The ambient sound level is the sound from all sources other than the particular sound of interest; also known as the background sound level. The ambient sound measurement (A-weighted sound level) is taken where the offending sound http://airandnoise.com/MA310CMR71O.htmi 11/16/2005 cannot be heard, or with the sound source shut-off. The ambient sound level is rarely found to be constant over time, and is usually quite variable. The ambient sound level is considered to be the level that is exceeded 90% of the time that the noise measurements are taken. The ambient sound level may also be established by other means with the consent of the DEP. The dB(A) unit of sound measurement is altered (or weighted) to reflect human sound sensitivity. For instance, for those frequencies of sound which humans hear very well, the actual reading is enhanced, or increased, in the weighting process. The "weighted" reading therefore emphasizes the frequencies best heard by humans, and likewise de-emphasizes those sound frequencies which are less well heard. The guideline further states that the facility shall not produce a pure-tone condition at the property line (or at the nearest inhabited buildings). A pure-tone exists if the sound pressure level, at any given octave band center frequency, exceeds the levels of the two adjacent octave bands by three (3) or more decibels. The Massachusetts Department of Environmental Protection (DEP) adopted this Noise Control Regulation, 310 CMR 7.10, under the authority of M.G.L. Chapter 111, Section 142B and 142D. The Noise Control Regulation is used to limit the sound impact of new stationary sources and to respond to complaints of certain excessive sound. The DEP Noise Control Regulation can be enforced by local officials under the authority of 310 CMR7.52 310 CMR 7.52 Enforcement Provisions "Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the DEP to enforce, as provided in M.G.L. c. 111, S 142B, any regulation in which specific reference to 310 CMR 7.52 is cited." Noise is defined in the Regulations as "...sound of sufficient intensity and/or duration as to cause or contribute to a condition of air pollution." Community Sound Level Criteria A source of sound will be considered to be in compliance with the DEP noise regulation 310 CMR 7.10(1) if the source does not: 1. Increase the broadband sound level by more than 10 dB(A) above ambient, or 2. Produce a pure tone condition. http://airandnoise.com/MA310CMR710.html 11/16/2005