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Miscellaneous - 115 WINDKIST FARM ROAD 4/30/2018
N J O O �+ v, TOWN OF NORTH ANDOVER Building Department 1600 Osgood Street Building 2- Suite 2-36 Building Dept North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR EWESTIGATION DATE: 2c) 1(0 TEL#: 791-q"-7203 NAME OF COMPLAINTANT:� cpki en (� ADDRESS: G5 � lj l s� 'T Y/Y\ IRA, �3 ►��c��J�11, � G��YC� COMPLAINT TYPE: Electrical: Plumbing: Gas: Building: Property Owner: r -s Address:( ;n C)1C �� 1(v l J K-� % rNAyj o E61 s Other: n �11 1 M-4 I M M � .MI • N aGLILGl 1 C� C I Cr �UJ�'1 J 1 Signed: Complaint Form - Revised 6.2007 PCU (-On CUR a fit � b 2 q � � m / ¢ ¥ k % \ ƒ � a May 27, 2016 cc: Mr. Gerald Brown, Inspector of Buildings Town of North Andover 1600 Osgood Street, Building 2, Suite 2-36, Building Department North Andover, MA 01845 Mr. Andrew W. Maylor Town Manager Town of North Andover 1600 Osgood Street North Andover, MA 01845 Dear Mr. Maylor, As a follow up to my voicemail message of today, I am writing regarding a serious issue pertaining to an abandoned property located at 115 Windkist Farm Road in North Andover. As you may know, during the last several years, multiple letters and telephone calls have been made to the Town of North Andover Building Department by the neighbors who reside on Windkist Farm Road to Mr. Gerald Brown regarding this abandoned and the hazardous conditions that it poses to the rest of the neighborhood. The hazardous conditions include the following: • Animals (squirrels, raccoons, snakes, etc.) entering the home through holes in the roof, chimney, windows; • Overgrown vegetation; • Tractor trailers, used cars for sale, etc. on the property; • Light fixtures and electric wires hanging from the outdoor siding; • Trash in the driveway and yard; During the last 2 months, people have moved into the abandoned property. Since the property was abandoned for so long, no one knows who these people are, and whether they are legally entitled to be there. This is another risk to the neighborhood. In addition to the health hazard that this property poses to other residence on the street, the horrible condition of the property significantly reduces the positive appearance of the neighborhood, which other homeowners spend a lot of money keeping in excellent condition. As you know, a home is your largest investment and as taxpayers in the Town of North Andover, we expect that reasonable efforts will be undertaken when a property becomes abandoned. What if a child enters the home and gets hurt or killed? The neighbors have requested assistance from Gerald Brown, with no response. In addition, a request was made to The Commonwealth of Massachusetts, Office of the Attorney General under the Abandoned Property Initiative and we were told that they would provide support "if the code enforcement officials seekAHl's assistance and identify the referenced property as a priorityfor enforcement". We are requesting your assistance as a last request to the Town of North Andover to help us resolve this issue. Please contact me at your earliest convenience to discuss this matter in greater detail. Thank you. Si erely., oreen and Paul S n 59 Windkist Farm Road North Andover, MA 01845 (508) 523-9254 or (978) 604-4797 and the Neighbors on Windkist Farm Road, North Andover, MA f TOWN OF NORTH ANDOVER Building Department 1600 Osgood Street Building 2- Suite 2-36 Building Dept North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 5 oi' 1 �.C) 1 u TEL#: NAME OF CONIPLAINTANT: 16rif-e.r` ADDRESS: �►�i k �51—�- � � , Y�r M A COMPLAINT TYPE: Electrical: Plumbing: Gas: Building: Property Owner. � � 5 LU`V'� Address: Other: P N, kxbe-,,--, Mtn 0185 Complaint Form - Revised 62007 4- Q QUj V U U � Q aa)Cc N O v +tis CU CG C; A Q � �. r Q m_ Lyle i CCi 0 Q � p CU V) L L IIS > � :ZS CV in W CO CD O Ct} `7 Ct1 E Co cn FE tG dio O C3. Cil Rei +� m L CEJ O Q—) C. s a .— fj ii. Ln 3 coIf_ ' tJ) �"uj r cc E cn r, G][C +� (y = 0 Q.' � � v 2IC 4- L L w ' Iv TOWN OF NORTH ANDOVER Building Department 1600 Osgood Street Building 2- Suite 2-36 Building Dept 'SSACN�S�` North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION D' 1 _ • FLnaarco- ADDRESS: i !�/�'��al kisf �a r �qr�doVer. c� COMPLAINT TYPE: Electrical: Plumbing: Gas: Building: Property Owner: Address: )15- 15- V U I a U k l S f `Fa' r -r-1 RJ, )U, fia)over- Other: See the attached copies of prior notification and other complaints for investigation of this property. We have NEVER had a letter, email or phone call, from Gerald Brown, in response to our correspondence addressed to him. Signed: This is a continued call for investigation into the unlawful occupancy of no less than 6 persons in the abandoned property located at 115 Windkist Farm Road, North Andover, Ma. They include four children ages 2 thru 8. y Ma-_ Complaint Form -Revised 6.2007 Town Of North Andover Attn: Gerald Brown 1600 Osgood St. Building 20, Suite 2035 N. Andover, Ma 01845 Dear Mr. Brown, Dec 7, 2015 I am writing to you about the property located on or at 115 Windkist Farm Road in N. Andover. The property has been abandoned for several years. It appears that all utilities are disconnected and not running. The vegetation has over taken the home and the grass has not been mowed forever. Small animals, such as squirrels and raccoons are seen entering through holes in the roof and chimney. As a resident on this street, it has been my understanding that the property was repossessed by the bank and sold at action. I witnessed the auction myself. The new owners gave it back to the bank because there were too many liens to deal with. I am writing to ask you what is the official status of this property. Is it stilled owned by Patricia Lambert? To the best of my Knowledge, she is the last owner on record of the property. She now resides in another state. Who is failing to maintain this property? Is it Patricia Lambert or the bank? Are the taxes paid? Are there liens or is it in some sort of legal dispute? I ask these questions because after Thanksgiving several trucks and trailers are now parking in the driveway. 1 was told that a person is making repairs to live there. This person is acquainted with the last owner on record Patricia Lambert. As a homeowner on this street, I have born the ugliness of this property for years. It sits at the top of the hill among all our properties that we maintain in good faith. I pay taxes and have an expectation that my neighbors do as well and maintain their property. Please respond as soon as practical. Joan and Tom Pennace cc; residents of Windkist-Farm RoadX Andover, Ma. 01845- .. Joan ennace From: Joan pennace U.pennace@comcast.net] Sent: Monday, January 11, 2016 7:07 PM To: gabrown@townofnorthandover.com Cc: 'Joan pennace' Subject: 115 Windkist farm Road North Andover Dear Mr. Brown, I have just called your office and left a message with Brian Liethe. There are several repair vans and a truck at the above location. This is a case 1 have continually called the Town and Police about. Again, as far as we neighbors know, the property was abandoned, auctioned by a bank, then the auction fell through. Now there is a question that possibly Patricia Lambert may still own it and not the bank. Whoever owns this property has failed to maintain it and it is in a condition requiring it to be condemned. I know because I have witnessed, for the past several years, it empty, no heat and no electricity. I live directly next door to this property. Windows and doors have been left open during all kinds of weather and it has become a habitat for wild animals. Where are the building permits if it is being repaired for occupancy? What about inspections such as electrical and plumbing? I bet there is so much mold in the ceiling and walls that it would be a hazard to reside there. If Patricia Lambert wants to state that she is the owner and is giving persons her permission to live there, then laws should be followed. 1 understand that there may be relief from the Attorney General's Office since foreclosures became so prevalent. There is the Abandoned Housing Initiative ( AHI ) in which the AGO will assist a municipality to identify the delinquent owner of abandoned property. Please involve the AGO as this property clearly meets the requirements. It is blighted, abandoned by its owner, in a residential area has created a safety hazard attracted crime and lowered the Property values I have documented all my correspondence with you and the Police Department and 1 am prepared to forward everything on to Attorney General's Office. The town can say it is a Police matter as they have. The Police say it is a civil matter and I should call the town. It will become both a civil and criminal matter if these people are not stopped from attempting to live there. I would appreciate an answer. Joan Pennace z JP Morgan Chase & Co 270 Park Ave New York, NY 10017-2014 re: Mortgage and deed of property located 115 Windkist farm Road, North Andover, Ma 01845 Dear Sirs, Jan 19, 2017 We understand that you are the holder of a mortgage and deed for property located at the above address. You granted a mortgage to a one Patricia A Lambert. According to the North Andover Town Clerk, you promptly pay the real estate taxes. For over eighteen years, we have resided next door to the property. This letter is to make you aware of the activity we have witnessed over that time, especially the most current activity. *The property was abandoned almost a decade ago with no electricity, heat or plumbing. *The condition of the property currently is blighted, unsafe, a health hazard and has attracted crime. *The owner, Patricia A Lambert, abandoned the home to live above her horse barn at 125 Windkist Farm Rd. N. Andover, Ma. *Patricia A Lambert moved to the state of Pennsylvania approximately five years ago. *Shortly after November 26, 2015, individuals have been seen at the premises on and off attempting repairs. *There are NO permits to build or permits of any kind visible on the premises. We implore you to open an investigation into this matter as it would be in your best interest. The individuals attempting repairs are at health risks. It is unclear as to their relationship with Patricia A Lambert. It is unclear if Ms Lambert herself is aware of the risks. We are only resident of the town/street and cannot purport to understand what the history of the mortgage is with JP Morgan Chase & Co. A review of some of the documents recorded with Essex County (North District) Registry of Deeds bears a Land Court one dated 5/28/09. This document asks for relief under the Service members Civil Relief Act. To the best of our knowledge, no service member resided at 115 Windkist Farm Rd. They may have, however, we don't think it was in the timeframe or intent of the Act to afford benefits in this case. Again, a visit to the sight and inquiry with the parties to the mortgage and deed would resolve any foreseeable potential injuries. Sincerely, ` 1 To�and Joan Pennace 97 Windkist farm Road N. Andover, Ma 01845 cc: Town of North Andover Office of The Attorney General Massachusetts The Public Protection and Advocacy Bureau Attorney General's Office One Ashburton Place Boston, Ma 02108-1518 Re: Abandoned house/abundance of Vehicles Dear Sirs January 20, 2016 Please assist me with a situation that has been ongoing for several months. I have reported to the police and the town of N. Andover specifically, Gerald Brown, the building inspector that there is activity next door to us that may be unlawful. It is definitely a public safety issue. The police and town have pointed fingers at each other saying that is the responsibility of the other party. I am enclosing copies of all documents I have made or mailed regarding this situation. Please assist me in any why by handling the matter or referring it to the proper authorities. 7S' rely, f J an Pennace 97 Windkist Farm Rd. N. Andover, Ma 01845 Tel No. cell 978-273-0902 MAURA HEALEY ATTORNEY GENERAL THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL . ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108 February 17, 2016 Joan and Tom Pennance 97 Windkist Farm Road North Andover, MA 01845 RE: 115 and 125 Windkist Road Dear Ms. and Mr. Pennance, (617) 727-2200 (617) 727-4765 TTY www.mass.gov/ago Thank you for your correspondence regarding the referenced property and seeking assistance from our Abandoned Housing Initiative. We understand your frustration with the problems an abandoned home imposes upon you as neighbors. Unfortunately, our program is dependent upon referrals and cooperation from the officials in the cities and towns where the blighted homes are located if our office is to take action. We are, therefore, sorry we cannot address your concern directly, but will do so if the code enforcement officials seek AHI's assistance and identify the referenced property as a priority for enforcement. Very truly yours Matthew Q. Berge Assistant Attorney General Interim Direction, AHI cc: Nathan Gardner i ri CL O C z U�• � s L1 -D -, -- cw -rnq Ca w C17 C7 Gt " c i CD o 3 ;j O � CII C CD -� R _, o CD cD r r go i CL O C z .D 0 w "^ c J L1 -D -, -- cw -rnq Ca w C17 C7 Gt " c i CD o 3 ;j O � CII C CD -� R _, o CD cD r r go a CD. �n 0 a 'c o W `���. CID 4 0, D` n C c Cl i CD d CA 2` O n ,' a Q CEJ CD 0 CD C7 W CD d 3 CCD CD ;� o ff a pry O C.). 72. N N7a Oa' 'D n � o coo CD of Q O c�— a CD a CD CD ciCL CD (5 o co 3 :, 1-0 o a, w --i c ons Nno cn co coG CD n � < = n 0�. N.-r CD m- � 0) 00 � C��D p� 0. �, w y C9 4 � a -t S �o ai CD .s w CDD CD s- z� -, o CDm CD fn CD a W CD Co M -Z CA co co o CSD CD CD c CD = CCD ZQ O y p a o x -� O C Q t O Z C 7 CE C O U co O N LCL O C O O Im W O O O O T O N D L a m U) � c L .(D c� = LUir' Q :5w C W O 2 E1 Q) d C #fir e = O O 2 U m 2 Q o V y O < t t O ami G) R 4> i' O O O C2 C2 N EactR o m m nCM `> of N N d tl. 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Andover, Ma 01845 Attn: Sergeant Gene Salois re: 115 Windkist farm Rd. N.Andover, Ma Dear Sergeant Salois, January 19, 2016 I write you today regarding ongoing activity at the above referenced address. I have found in The General Bylaws of the Town of North Andover,( copy attached ) specific to vehicles stored at 115 Windkist Farm Road, N. Andover. I will quote in part here. The bylaw states: 175-1 Restricted Activity. No person shall accumulate, keep, store, part, place, repair, deposit, or permit taremain upon premises owned by him or under his control, more than one (1) unregistered vehicle or any dismantled, unserviceable, junked or abandoned motor vehicle unless he is licensed to do so under the General Laws or unless he has received written permission to do so from the Board of Selectmen after a hearing. ect... 175-2 Exceptions. This chapter shall not apply to agricultural vehicles in use on an operating farm. 175-3 Violations and Penalties. See copy of Bylaw attached. As of today, there are currently 3 unregister vehicles parked in the driveway, 2 trucks and one sedan. There is also a large trailer parked to the side of the driveway that has been there for several months. There are another 4 unregister vehicles in the garage. They are clearly not agricultural vehicles and are not seen operating on the farm. Please enforce this Bylaw immediately. I have stated in the past and continue to state that public safety is at risk. Our residential street is home to over twenty children under the age of 15 yrs. old. The street is a supposed cul-de-sac with a commercial horse IIZ5I1� '2e��l ffv-1;1 SECTION 10 ADMINISTRATION 10.1 Enforcement The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If the Building Inspector is so informed in writing and declines to act, he shall within fourteen (14) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain, or abate any violation of this Bylaw. 10.1.1 Building Permit No building shall be erected, altered, moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning Bylaw (and other applicable Town Bylaws) except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals, provided a written copy of the terms governing any exception so permitted be attached to the application for a building permit and to the building permit issued therefore. One copy of each such permit, as issued, including any conditions or exceptions attached thereto, shall be kept on file in the Office of the Building Inspector. In addition to the information required above, a plot plan shall indicate provisions for all other physical requirements of this Bylaw, including but not limited to off-street parking, screening and fencing. Upon granting a permit the Building Inspector shall cause a copy to be posted on the property to which it relates in a conspicuous place. 10.12 Certificate of Use and Occupancy No building hereafter erected, enlarged, extended, or altered shall be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the Building Inspector. No building or land changed from one use to another, in whole or in part, shall be occupied or used until a certificate Of use and occupancy has been issued by the Building Inspector. This certificate shall certify compliance with the provisions of this Bylaw and of all applicable codes (1974). 10.13 Penalty for Violation Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a separate offense. (1986/15) 10.14 Planning Board, associate member In addition to the five (5) member of the Planning Board already allowed by statute, the Town Manager may appoint one (1) associate member. As guided by M.G.L. Chapter 40A this associate 135 GENERAL BYLAWS OF THE TOWN OF NORTH ANDOVER (ADOPTED APRT L 239 19799 AS AM ENDED) SPECIAL NOTES All references in chapter histories to the General Bylaws are in relation to the compilation of bylaws of the Town of North Andover adopted 4-23-79 Annual Town Meeting, Article 13. This compilation represents the official version of the Town of North Andover General Bylaws, except that the following Table of Contents is unofficial, and the reader is advised to thoroughly review the individual Chapters and Sections contained herein) (This Revision Updates all Town Meeting Actions as of April 2015 — 2015 Annual Town Meeting updates are included as "Pending Attorney General Approval and posting — Chapters 44 (Televising of Board Meetings and Chapter 88 -Dogs have been amended) [Il Chapter 175 VEHICLES, STORAGE OF (HISTORY: Adopted by the Town of North Andover as Chapter 6, Section 6.3 of the General Bylaws. Amendments noted where applicable.l § 175-1 Restricted Activity § 175-2 Exceptions § 175-3 Violations and Penalties § 175-1 Restricted Activity. No person shall accumulate, keep, store, part, place, repair, deposit, or permit to remain upon premises owned by him or under his control, more than one (1) unregistered vehicle or any dismantled, unserviceable, junked or abandoned motor vehicle unless he is licensed to do so under the General Laws or unless he has received written permission to do so from the Board of Selectmen after a hearing. Written permission may only be granted by said Board on condition that the owner agrees to screen the permitted vehicle or vehicles from view from neighboring land, ways or public highways for breach of which agreement said permission shall be revoked. § 175-2 Exceptions. This chapter shall not apply to agricultural vehicles in use on an operating farm. § 175-3 Violations and Penalties. Whoever violates or continues to violate this chapter after having been notified of such violation shall be punished by a fine of fifty dollars ($50.) Each week during which such violation is permitted to continue shall be deemed to be a separate offense. ho J-, r -(f 0 o C )(-,s b a rou a I -f Yl bw 0 lt) IF lk� Over OU) US Wohdklft Fort" RJ Aft An do weir NOT" F Itl 4-1 m t` S t art^ JI I d if r(C> r- o ) 1vry?, T4 p y e r c, r C) ►� ,' n e V f' , t t art^ JI I d rho os, r(C> r- o ) 1vry?, No le:s r'oo p y e r c, r C) ►� ,' n e V f' , t t art^ JI I d " . C , ro4l C)Y� p(C01 \/c'h r'G1 e_ ,noo, dL /A ft/7 //V Wind kOW Fafox RJ Af. A�d��� o .`® err( j7i�_��• �a !� .i A -..Z: i 1 � 1 S r v� V S 5 c� n • V �y l G �J U L � c i nR F,. l /^Vl V (I �ry�� •r;1iJ 13 O O N i• '�'� c CD a O r, O O O a J r C) N o- 1 o �ry�� •r;1iJ 13 O O N i• '�'� c CD ASSOCIATED CONSTRUCTORS INC Oita fs -�Aet FWFO Yov To pi-c(- yr ? ,�� T Ir YOU 1 04- Ab� 61 L4Sf iX)j F,F-fL Ft- To 6A cc L (ulu fw-6- r10 oul�,u�Q L fi/C Ptiv et Emest A. Langthome (617) 678-8311 Email: ISvi At�ll D'C A Tt A FILE NOTE GZ , sn PLEASE NOTE THAT 115 WINDKIST SHOULD BE CROSS REFERRE FARM PROPERTY STREET PROPERTY. NCED WITH 550 BOSTON SAME pu,NERSHIP: FARM IS AT 115 T'INDKIST FARM AND OWNER LIVES AT 550 BOSTON STREET, OWNER IS PATRICIA LAMBERT 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 CC -`E APPEALS BOARD APPEAL APPLICATION FORM DtOCKU NUMBE DATE (State ase (July) 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 authorit} 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: ,V iN Ao v 06:4414> 3P.oW^( Board of Appeals from the City/Town of - (Request uest for hearing 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 �� ffhis section iuust be completed or the application u4ll be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? No Qr Yes ❑ If, yes, please indicate the date of the previous appeal, whether the matter was heard before a local or state appeals board, the code section that was at issue, and the specifics of the decision (i.e. a variance was granted\not granted). 4 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 . �QOC E& D /.y�7f� 1%Uin 6 �-.5�s ��� �, ,P/c Y� 7� ,, Ak P /i - 04TIJZ,: .ow) r-o,e 2ov, Ae al piAr6 Please complete the following section completely and accurately. Name of Representing: Appellant.- ppellant:Address Address For Service O,ei1y /�,u ,Ao ✓�,C �f •4- D/8 5/S� Telephone Fax Number. 8 3�5�. Number. 9rg. 6 �y — 3 7.5'6' Address of Subject Property (if different from service address): r j7 _ a v�f}- What is appellant's connection to subject property? Please refiirnapp izcationsao Progianih!"ager, Boaid'of Agpeals Board of Building Regulations and' Standards - OneAshburton Place, Room 1301 Boston; MA 02108.1618." 5 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 Specify: Brief Description of Proposed Work: �I PA CA h % eZL->/ArC� �T USE GROUP AND CONSTRUCTION TYPE USE GROUP (Circle appropriate Use Group) CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 All A-5 IA 1B B Business 2A E Educational 2B F Factory F-1 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: %UVVA A,+1- lti.)ING ?t-* M Mixed Use Specify: 75 Use Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS, ADDITIONS AND/OR CHANGE IN USE Existing Use Group: Existing Hazard Index (780 CMR 34): Proposed Use Group: Proposed Hazard Index (780 CMR 34): BUILDING HEIGHT AND AREA BUILDING AREA Existing (if applicable) Proposed Number of Floors or stories include basement levels Floor Area per Floor (so Total Area (sf) Total Height (ft) ' Brief Description of the Proposed Work: I 6 STATEMENT BY PATRICIA A. LAMBERT I am the President and a Director of Windkist Equestrian Centre, Inc, and the sole trustee of Windkist Family Trust. I am also an attorney at law in good standing since 1971. 2. Windkist Family Trust owns the real estate located at 125 Windkist Farm Road in North Andover, MA. Wndkist Equestrian Centre, Inc. operates the facilities located on the real estate. The real estate and facilities consist of approximately sixteen acres, which are dedicated to agricultural use, including a barn with forty-five horse stalls, two outdoor riding arenas and an indoor riding arena as well as three apartments. We are in the business of raising, selling, training and boarding horses as well as providing riding lessons. The land has been designated agricultural under the provisio-as of G. L. Ch. 61 A by the Town of North Andover. I also hold a license to keep animals from the Town of North Andover. My designation and license from the town of North Andover are attached and marked A an B.. 3. In early December of 2006 I submitted an application fora permit to constrdct�/sRalle1ta1 second indoor riding arena on the premises. The structure is a prefabricated structure by,�� A & B Lumber Company of Pembroke, NH. It has been approved by the Commonwealth of Massachusetts under the state building code. It has a sand floor. It does not have an accommodation for spectators. It is not insulated. It does not have toilet or water facilities. A copy of the exterior design of the building is attached as Exhibit C. 4. The building inspector refuse to accept the first application w ich I provided because it utilized an existing plan with the new arena sketched in. It did not have distances to LV property lines on it. In an attempt to facilitate the issuance of the permit, I had a new created which showed the new arena to scale. The building inspector still refused to Alo accept the plan. Gvykt�6 p'�e 5. In the interim, we began excavation according to the foundation plans for the footing and foundation for the structure.. The Building Inspector refused to come and inspect the 44 footing before the pour was in place. He than gave me a cease work order. In the process` of delivering the order, he used language toward the people who were pouring the 7; Jap foundation. He did this in the presence of at least five workmen. The language was / inappropriate in an operation which has children on the premises. When he was told to mind his mouth, he became irate and called the police. [The police suggested he had a "little bit of power" problem after he left.] S��p �� 8 6. After several meetings with the building inspector and other town officials, y application was accepted for filing on December 29, 2006. The Building Inspector was 71�bt--,4,K r insistent that I comply with setback requirements, despite the fact that I provided a copy a of G. L. Chapter 40A Section 3 and material from the Department of Agriculture for his use. 0,641 til t 7. On January 30, 2007 I received a letter from the building inspector requiring that I submit to a site plan review for a special permit as well as the position of the various departments I had met with and an opinion of town counsel based upon a 1997 case which had been superceded by the amendment to G. L. Ch. 128 Section IA. A copy of the letter of the Building Inspector is marked D. The Memo is marked E. The opinion of town counsel is marked F . 8. I provided the building inspector with a letter from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Agricultural Resources which included the statutory authority exempting agricultural property and buildings from the requirements for a special permit. A -opy of that letter is attached as Exhibit G. 9. As a result of the building inspector's conduct, I instituted suit in the Essex Superior Court, docket no. ESCV2007-0036-C in which I, inter alia, sought declaration that a site plan review was not required. . 10. On February 27, 2007, I received a letter from the Fire Chief for the town of North Andover indicating that the new arena required a sprinkler system. A copy of the letter is attached as Exhibit H. 11. On or about March 6, 2007, I became aware of an undated letter from the building inspector wherein the building inspector exempted me from the requirements of a site plan review (apparently based upon recognizing an agricultural exemption). but denied the building permit. I understand that the inspector says that the letter was hand delivered on February 27, 2007 to my daughter. My daughter did not receive the copy. No copy has been given to me. A copy of the letter is attached as Exhibit I. 12. One of the reasons for denial of the building permit, according to the letter of denial is that the arena requires a sprinkler system and additional monitoring equipment which exceeds the conditions enumerated in the letter from the Fire Chief. 13. The Department of Agriculture provided me with a letter indicating that buildings used for agricultural purposes within the meaning of G.L. Chapter 128 Section I are exempt from G. L. Chapter 143 Section 26G. A copy of that letter is attached as Exhibit J. 14. Further, the case of Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970 (1988) found that: "The plaintiffs' purchase and raising of horses, their stabling, training through the operation of the riding school and their participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used...." The determination of the Fire Chief that the use of the arena "by the public to provide training to the public in horse riding and for shows to the public" is a non-agricultural use does not comport with the law. 15. I have appealed the letter from the Fire Chief to the Automatic Sprinkler Appeals Board. However, I believe that jurisdiction lies with this board with respect to the Inspector's having required more of me than the Fire Chief recommended in his letter. I believe that the action of the Building Inspector exceeded his authority and was retaliatory. 16. The Building Inspector also conditioned his requirements with respect to Items 1 and 2 on his list on the provisions of 780 CMR 116. However, 780 CMR 116.1 provides that "any building used exclusively for farm purposes" is exempt from the construction controls in 780 CMR 116. 17. In fact, since the building is a prefabricated structure, I believe that the authority of the Building Inspector is under 780 CMR R3.5. That provision provides trt,tb upon application and in conformity with the provisions of 780 CMR, the building official SHALL ISSUE building permits for installation of certified manufactured buildings... (R3.5.1.2) 780 CMR R3.5.2 provides that "appropriate local enforcement agencies shall inspect site preparation work including foundations not within the scope of approval and certification... The result of these provisions is that upon receipt of the building plans, following the site review by the various departments, the Building Inspector should have issued a permit. However, having determined, incorrectly that a special permit was required, he refused to issue the permit. When he learned that his requirement for a special permit was unfounded, he should have issued a permit, even if he made the permit subject to conditions rather than deny the application in toto. This denial is beyond his authority, retaliatory and irrational. 18. The Building Inspector also included in the grounds for his denial the lack of a permit to operate a summer camp [which is not due to be filed until May]. No where in 780 CMR does the Building Inspector have the power to deny a permit based upon a pennit for a summer camp. Table 106 of 780 CMR (cited by the Building Inspector as his basis for action) does not confer any authority on the Building Inspector but only provides the time period and cost of inspections for certifications based on use group. In addition, this denial is in diametrically opposed to the position of the Board of Health as set forth in the January 30, 1006 Memo (See Exhibit E) where the Board of Health adopted the position that "the Health Department has no issued regarding the construction of the indoor riding ring." This ground for denial again exceeds his authority and is retaliatory because I told him his behavior on my property was inappropriate. Subscribed and sworn to under the pains and penalties of perjury this 16`h day of March 2007. 1L. ar-4 � Patricia A. Lambert NUMBER 01 0 COMMONWEALTH OF MASSACHUSETTS SHP-2007-0035 North Andover FEE-, • Board of Health $35.00 DATEISSUED 84Co4 S• Patricia A. Lambert - WINDKIST FARM Much 01, 2007 ............................................ : .................. --------- NAME .............................................. 125 WINDKIST FARM ROAD ............ ADDRESS............................................................................... IS HEREBY GRANTED A Animal LICENSE Anhnal This Permit is VUW in conformity with the Statutes and *ordinances relating thereto, and expires ............. Feknmry ..;8t2008 ............... unless sooner suspended or revoked. RESTRICTIONS: Acreage: I Goat; I Swine; 39 Adult Equines; 2 Young Equines; private, Boa. -ding, Training, .......... .................... Lessons ......... Board of ................ .... NOTES: Contact 978.375.5504 - Cell; 978.688.7662 - Barn 1011 .......... 7 ..... �0 BK 4938 PG 110 TIM V%=UMCNT MUST DL• FMM- FOR RCOORD OR REGISTRATION STATE TAX FORM C1,3 IM -COMMONWEALTH -OF MASSACHUSETTS TOWN OF NORTH ANDOVER OFFICE OF TIM BOARD OF ASSESSORS C-I.A.SSHRED FOREST -AGRICULTURAL ORMORTICULTURAL-RECREATIONAL LAND TAX LEEN THE BOARD OF ASSESSORS OF THE TOWN OF NORTH ANDOVER, HEREBY STATES IT HAS ACCEPTED AND APPROVED THE APPLICATION OF: PATRICIA A. LAMBERT, OWNER(S) OF THE REAL PROPERTY DESCRIBED BETAW, FOR THE VALUATION, ASSESSMENT AND TAXATION OF THAT PROPERTY AS CLASSIFIED FOREST[ ] AGRICULTURAL OR HORTICULTURAL [XJC] RECREATIONAL [ ] LAND UNDER THE PROVISIONS OF GENERAL LAWSCHAPIER 61 [ _161A [MQ 61Bj ]. THIS CLASSIFICATION AS OF JANUARY 1, 1998 FOR THE FISCAL. YEAR BEGINNING JULY 1, 1998.1 [ DESCRIP 3N OF PROPERTY] yWi TMSTAMOfTMADEONT1f813W DAYOFnPCEMBMl9V7CONRMPI SALMUPONTIF-PROPERTYAS }R0VMWIN0EKMALLAW8CHArMR61i2[ IGIA89MGIB861 I ESSEX SS. THAI PFRSONAMYAPPEARFD IM ABOVE NAM® GARRET C. BOLE&MAA .A BMRMER OF TIE; BOARD OF A8S=WS FOR THE TOWN OF NORTHANDOVER. ANDACRNOWLEDMED THE FORFA31M ROM MI N7 7013E1iMFREE ACT AND nlm-n BEFORE ME MY COMMISSION EXPIRES: 2&ag ? S'X00 / RETURN RECORDED COPY M. BOARD OF ASSESSORS 120 MAIN STREET NORTH ANDOVER, MA. 01913 12 NOTARY PUBLIC Town of North Andover BUILDING DEPARTMENT Ms. Patricia Lambert Windkist Farm 125 Windkist Farm Road North Andover MA 01845 Re: Windkist Farm Dear Ms. Lambert: January 29, 2007 Please be advised that a Building Permit is required for the construction of a barnrmdoor-riding academy in accordance with 780, CMR Prior to issuance of the Building Permit, the application for the construction of an 8300 sf barn/indoor riding facility, in accordance with the Zoning Bylaw, Section 8.3.2 (a), developments that require a Site Plan Review special permit are: Any new building or construction, which contains more than two thousand (2, 000) square feet or gross floor area... or results in the requirement of five (S) or more new/additional parking space ". You are required to file for a Site Plan Review special permit through the Planning Board If you have any questions please call me at 978-688-9545. Gerald A. Brown, Inspector of Buildings Cc: Curt Bellavance, Director Mark Rees, Town Manager Community Development Division, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com � 9 Town of North Andover BUILDING DEPARTMENT Ms. Patricia Lambert Windkist Farm 125 Windkist Farm Road North Andover MA 01845 Re: Windkist Farm Dear Ms. Lambert: January 29, 2007 Please be advised that a Building Permit is required for the construction of a barnrmdoor-riding academy in accordance with 780, CMR Prior to issuance of the Building Permit, the application for the construction of an 8300 sf barn/indoor riding facility, in accordance with the Zoning Bylaw, Section 8.3.2 (a), developments that require a Site Plan Review special permit are: Any new building or construction, which contains more than two thousand (2, 000) square feet or gross floor area... or results in the requirement of five (S) or more new/additional parking space ". You are required to file for a Site Plan Review special permit through the Planning Board If you have any questions please call me at 978-688-9545. Gerald A. Brown, Inspector of Buildings Cc: Curt Bellavance, Director Mark Rees, Town Manager Community Development Division, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning toning MEMORANDUM ?O: Gerald A. Brown, Inspector of Buildings FROM: Curt Bellavance, Director RE: Windkist Farm — Building Permit Application DATE: January 24, 2007 The applicant has submitted a building permit application for construction of a bam/indoor riding facility at Windidst Farm. Per your request I have solicited information from various departments so that the applicant will have a full understanding of what information is required by our office, as well as what zoning requirements the applicant will need to address prior to construction. The fo0owing criteria was separated into two areas, the first Is for the current building application and the second is an assessment regarding additional work that may need to be completed at this property to ensure the farm is compliant with local and State regulations. a. Application requirements. Town Counsel has stated that we can reasonably regulate a new agricultural structure, which Includes requiring that the applicant follow the Site Plan Review special permit procedures (attached). The Site Plan Review application is the first step and must be completed prior to issuing a building permit QF - a. Application requirements. The application Is for the consbwdon of an 8300 SF bam/indoor riding facility. In accordance with the Zoning Bylaw, Section 8.3.2(x), developments that require a Site Plan Review special permit are: "any new building or cmub►rurion, which contaIns more than &V thousand (2,000) square feet of'grass Roar arm ..or results in the repulmment ofd (S) or more new/additional pa#dng VaCeI " The applicant will need do file for a Site Plan Review special permit through the Planning Board (application attached). 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.fownofnorthandover.com b. No additional items Identified. M DEPARTMENT; a. Application requirements. After review of the application, the Building Department requires additional documentation to support the application. The following information Is needed, basedon CMR 780, in Drier for the Town to Issue a building permit for the construction of the bam/indoor riding facility: CONTROL CONSTRUCTION AFFIDAVIT from a licensed engineer GEOTECHINICAL REPORT from a licensed engineer on order to address the foundation and soil conditions in which the foundation was erected) The applicant will need to file with the Planning Board for a Site Plan Reviewspatial permit prior to the Issuance of a building permit. b. Additional items identified. Camps The web page lists that summer camps are available. A certificate of inspection is required as stated in 780 CMR Table 106 to operate summer camps. Inspection would include, but not limited t o, restroom facilities. a. Application requirements. The Health Department has no issues regarding the eorayuction of the indoor riding ring at 1.7.5 Wlndkist Fane Road as It is shown on the pians provided. According to these pians there is no Public water or public rest room facility provided to this facility. As shown there is no public health issue. b. Additional items are Identified below. The Health Departrnent has other concems regarding the Bam/apartrnent units and whether public restrooms are available for students attending classes and/or training: C wnd Water Dftdiarge Upon inspection at the bam at Winds t Farm, Health Department personnel noted that there was evidence of a recently excavated area in the front of the barn. The observation indicated that a new pipe and possible leaching tank might have been installed. The Building Inspector confirmed that he had previously observed a large rectangle hole and had surmised it was the apprmdmawater discharges.to size of a septic tank. MA DPI,.•egulations require permits for point source ground Records show no indication of a property installed septic system for this builds CMR 310). According to the state codes, the owner shall for each dweellling, a sanitary 0, drainage system connected to the blic ode' ng, a sanitary Pu s�°werage system, provided, that is, because of distance or ground conditions, connection to a public sewerage system is not owner shall provide, and shall maintain in a sanitary condition, a means of sewageeg dib the which is in compliance with 3120 CMR 15.000 Subsurface Disposal of Sanitary Sewage Please note that the Health Department had received and reviewed a subsurface disposal plan for a proposed septic system in December of 2005. A letter of disapproval was sent to the 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9531 Fax 918.688.9542 Web www.townofnorthandover.com property owner, Patricia Lambert and New England Engineering on January 18, 2006. No further correspondence has been received since then. (see attached letter). To address the issues and concerns regarding ground water discharge and the septic the owner must hire a MA and N. Andover licensed Tide V septic i p gym' Inspection of the entire site and submit the i � Inspector to conduct and Inspection report The Inspector must identify all pipes from the facility that are used for transporting water into the ground. Once identified corrections or proper permitting must be pursued as required by MA laws and regulations. A proper order letter will be fiortiuoming to the property owner. camps The web page lists that summer camps are available. A license to operate is needed to conduct summer camps. In order to meet local and State regulations a completed application is due May 1, 2007. The State regulation 105 CMR 430. on FIBS DEPARTMENT; a. Application requirements. Regarding the proposed bam/riding facility, the structure must have a fire sprinkler system installed under the provisions of Mass. Gen Law Chapter 148 Section 26 G (attached). There should also be a fire detection and alarm notification system installed to notify of a fire in the structure. These provisions would be found in 780 CMR Article 9:00 - the Stft Building Code. b. Additional concerns are identified below. t oncems regarding the existing structures. The Fire Department bases its concern on factors and relies on Regulations outlined in the State Fire Prevention Code 527 CMR, safety a. Application requirements. Regarding the proposed bam/riding faciltty, no Permits are required from the Conservation Commission. Aerial maps indicate that wetland resource areas are greater than 100 feet away from the proposed work. Therefore, the Conservation Commission does not have jurisdiction. b. Additional concerns are Identified below. The Conservation Department has had record of several complaints of the large amount of fill to the rear of the property. In one documented incident, this fill was observed to have mi grated down gradient towards the Andover Sportsmen's pub causing emslon, possibly impacting down gradient resource areas. The a Mlcant should contact the Department so staff can walk the property to ensure that materia: from the site do not pose an erosion threat to resources that may aft down gradient from the property. Although the condition of the site may be good, the conservation department would like to have fallow -up documentation for their files. Our office will be available to discuss this at your convenience. C: Uncoln Daley, Town Planner William Dolan, Fine Chief Alison may, Conservation Administrator Susan Sawyer, Publk Health Director r, w 1600 Osgood Street, North Andover, Massachusetts 01845 .Phone 978.688.9531 Fox 978.688.9542 Web www.townofnorthondover.com THOMAS). URBELIS c -mail tju(ciuf-law.com Mr. Curt Bellavance Town of North Ando; er 1600 Osgood Street N. Andover, VIA 01845 RE: WINDKIST FARM Dear Curt: URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS U? 110- 1727 Telephone 617-338-2200 Telecopier 617-338-0122 January 19, 2007 Andover Telephone 978-475.4557 You have advised us of the following facts: Windkist Farm is a horse farm in Norte Andover and the owners are building a new 60 x 150 foot barn. They claim that the barn is not subject to the zoning -bylaw because,agricultural uses are exempt,. and a. horse.fanm falls under that type of use. The parcel is approximately. 15.6 acres, and. thezoning district' is Residential 2. You believe that they need to go to the Planning Board for site plan review pursuant to Section 8.3.2(a) of the Zoning Bylaw. The Massachusetts Appeals Court case of Prime v. Zoning Board of Anneals of N„ well, 42 mass. Appt. Ct. 706 (1997) addressed the issUe of whether the agricultural exemption �n G.L.. ch. 40A, §3 applied to new structures as well as to exit structures. In concluding that reasonable regulations could be applied to the new structure, the Court stated: " [G.L. ch. 40A, §3J did not preclude local regulation of a proposal for new farm structures; moreover, because the localregulation of new .structures may adversely and improperly affect the agricultural use of the land, only regulations that are reasonable may be permitted in.order to assuro no material; diminution of the protection provided by § 3 for the continued use of agricultural land. 6 ' wpS P%woittn-andovekotmptbellava"e. hd Aoc A URBELIS & FIELDSTEEL, LLP January 19, 2007 Page 2 [T]he local regulation "must bear a reasonably direct relation to significant considerations of public health, morals, safety, and welfare, based on findings justified by substantial Pvidence." • • • [T]he application of a by-law to a new agricultural structure - either by denying arbitrarily any required permit or by imposing unreasonable conditions upon its issuance - is inconsistent with the § 3 guaranty of protection of the use of land for agricultural purposes; unless the permit application is a sham intended to conceal an unlawful purpose, § 3 precludes that result and requires the board to consider an application for the permit. "in other words, the appLmtion of the by-law .. . ,� [may not] nullify a protected use." Absent these settled 'exceptions. bona fide proposals for new strictures may be reasonably regulated, and a special permit may be reasonably required. The provision of § 3 precluding a requirement of a special permit for existing agricultural structures remains intact." Please call if you have any questions or if there is anything else that you need. TJU: kmp cc: Gerald Brown Mark Rees Very truly yours, Thomas J rbelis DEVAL L. PATRICK Governor TIMOTHY MURRAY Lieutenant Governor February 12, 2007 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 617-626-1700 fax 617-626-1850 www.Mass.gov/AGR Ms. Patricia Lambert Windkist Equestrian Centre, Inc. 125 Windkist Farm Road North Andover, MA 01845 Dear Ms. Lambert: Massachusetts 0 Department of Agricultural Resources IAN BOWLES Secretary SCOTT J. SOARES Acting Commissioner I am in receipt of your letter from the building Department of North Andover and would suggest that based on the definitions found in Massachusetts General Law Chapter 128 and 40A, the Site Plan Review special permit the town is requiring. is not appropriate. The Town refers to the State Building code at 780 CMR, however, 780 CMR 200 does not define agriculture, therefore the definition of "agriculture and farming" found at MGL, Chapter 128, Section 1 A is considered the standard definition of agriculture. That definition is: CHAPTER 128. AGRICULTURE DEFINITIONS Chapter 128: Section 1A. Farming, agriculture, farmer, definitions Section IA. "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food pur.,xses, bees, fur -bearing animals, and any forestry or lumbering operations, perform. -.1. by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. (emphasis added) As one can see from the bolded section of the above definition, the commercial keeping of horses is defined by statute as agriculture. Therefore the protections provided agriculture in MGL Chapter 40A, Section 3 would apply to your new riding stable/indoor ring. CHAPTER 40A. ZONING Chapter 40A: Section 3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences C71 [First paragraph as amended by 2006,. 123, rwc. 36 effective June 24, 2006. For text effective until June 24, 2006, see above.] No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by- law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales i ullars or volume, have been Produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such Products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located, and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land, other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or bylaw shall exempt land or structures from flood plain. or wetlands regulations established pursuant to general law. For the purposes of this section, the term ,agriculture,, shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. (emphasis added). The case the town cites is from 1997 and as you can see from the above reference, Chapter 40A, Section 3, was amended to cover construction of new agricultural buildings and went into effect June 24, 2006. - I hope this answers your question and clarifies for the Building Department any questions they may have. SingA. Kge A istant Commissioner an Chief of Staff Page 2 of 2 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 William V. Dolan Telephone (978) 688-9593 ChiefofDepartment FAX (978) 688-9594 wdolanLiffoN�mofNorthAndover Com William P. Martineau%vmartineau'a,'TownofNorthAndover.com Deputy Chief Patricia Lambert 125 Windkist Farm Rd. North Andover, MA 01.345 27 February 2007 Dear Ms. Lambert, This letter is in reference to the proposed sixty-two foot by one hundred and thirty six foot structure that you have proposed to build on your property. This is a building footprint of 8,432 square feet. Under Massachusetts General Law Chapter 148 Section 26 G you are required to provide a full automatic fire sprinkler system. A copy of the law is enclosed with this letter. You have a right to appeal this mon within forty-five days of receipt of this letter to the Automatic Sprinkler Appeals Board as noted in the last paragraph of. MGL Chapter 148 Section 26 G. I do not believe that the provisions of Massachusetts General Law Chapter 128 Section 1 A are applicable to this building and therefore there is no exemption and the building must have.a fire sprinkler system installed. A copy of MGL Chapter 128 Section 1 A is also enclosed. In making this determination it is my determination that this structure is not be used for solely for the "raising of livestock including horses, the keeping of horses as a commercial enterprise" but rather as an arena for use by the public to provide training to the public in horse riding and for shows to the public. In reviewing your website there are several references to the use of the current indoor arena for the purpose of conducting lessons and "Perform in a Friday afternoon horse show, complete with judge, ring, ribbons.,, This determination is made for the public safety of those persons who will participate and attend events within the structure. Respectfully, William V. Dolan Fire Chief Cc: Atty. Thomas Urbelis Gerald Brown, Building Inspector a BUILDING DEPARTMENT (ommunity Development Division MEMORANDUM Pakicia Lwnbw 1y5 Wiedkiat Faun Rand North Andover, MA 01245 RE Bull w PE1 w r on INww RWM Ati30" OOtr 1►4s. Letabgx , . YoarVpUcgion for a WfIft P=k a conOtad as SAS2 UP=AM bd*Wridtaa ficItY is deaiad m die f I. Yeu M-. not s>W=d it ropott !Eves t sonwKtrtO ep *ww as retquIrvd by floe sterno UallftCoft Sce 790 CMR d 16.0. Z Yom bm not s+>r> &cd it pals dW MPM s 9=Wd a SWIn a is wdw to sftm the ft oda m ad saa aondhi ms m wWdt the flmdsttaa ryes m !�dtod by Same Badding Code. See 7$0 CMR 116.Q • 3. You dD ant bare to 1+ O&W owdfcadon Ire a AM=W aWW lbr delW= as m*drW by Table 106 0790 CMR. #- The I North Andover Fire Cbirf Iters de=mined dint ft w1x>arte is ragWW 10 have sprinklers, and a flee ddccdoo aed alum aodfleadw gseem to 00* 00CIV6111b of a lira Is tba utuclwe, You may apped nW dateesehtadon as to deo Bu left Coda to dee Stste Bail ft Code Appmbt 13cwd (sae G.L. dk 143.193 and j IOU One fiaMbterim Mr. Room 1301. BOOM MA 02109. You are ane required to file for a aha plan special pamk ander Section IJ2(a) of the North Andover Zoa(es Bylaw very "IY YOM. Gerald Brown. Inspe= of Buildings cc: Curt Belinvanee Mark Rcos Attorney Thomas Urbelis IWO otpe! Sr@K Na114d..u, w,�►.wnr rills Ms.• 111.I1tISlS rel IH.119541 Web +r+•�+"t��O'� '"" DEVAL L PATRICK Caverna: ' UMM U MAY Ueut=mt Cicw=or Febo UXY 26, 2007 THE COMMONWEALTH OF MASSACHUSb.M EXECunvE OFFICE OF ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 617-626-1700 fax 617-626-1850 www.Maas.gov/AGR Ms. PA#acia Lambert Win". EqueaWn Centre, lma. 125 WWdkist Farm Road North Aodmer, MA, oI s45 Dear Ms. Lambert Massachusetts n Department of Agricultural Resdurces IAN 13OWLU SOMVWY Ading Commis ma I am respooft to yew telaphow mU of Wefaosday.. Fekv ay 21, 2.007 conarniag the town's mqukeme xt to have spt% ma in yow pmnposed riding arum. Based on the Mg. L Laws ChqA= 148, Section 26G and Chapter 128, Section IA, the tawn's int is not apprWiste. NLG. L ChapW 14.x. Section 26 G says: camin Idd. F= PuNZI umv 14da Sacdon 26C NmaHadd kWU&p or ad&low ar c st+ppreoraert or VrkWeraYMM Section 26G Lr my ctly or town whlch accepts the provisions of this sectiM every bsdld w of more than seV006five hw dmd gross square feet in floor area or every aMflon of more than sewnty--j ve kankvd 8= spare feet in, floor area shall be,proteded throughout whh an adequM system of automatic spr�hrl He►'s in axordmee with the provtsforts ofdw state building code, provided; however, Ow in the case ofsaid addlttn such an adequate system of m omatic sprinklers shall be installed in said addition only. No such sprbWer system shall be required unless srf'%fent water and water pressrere exists For peoposres qf*s section, the grass square feet of butI&V or addition shall bdude rhe scan total ofthe .Hoar areas fur all floor levels, basements and sub -basements, measured from outside wall% brespectfve ofdx existence ofheerior fire rresist w walls. floors and ceiling, ?&is seesiott shall not apply to bafto p used for agrkaltwd purposes as defamed in sedian one of chapter one handred and tw ln)y-aght In such buildings or ad Mons, or in certain areas of such bulldYngs or additions, where the discharge of water would be an actual dmger in the event office, the head of the fire department shall permit the installation of such other fere suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building when such rooms or areas are,proteeted with an automwic fere alarm system. Sprinkler systems shall not be required in a one story building having afire -T resistam-e rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fire alarm system. ,Sprinkler systems shall not'be required in open^ alrParking structures, defined as. buildings, structures, or portions thereof, used for parldng motor vehicles and having not less than twenty five per cent of the total wall area open to atmosphere at each level, uOI Ling*at least two sides of thestructure. This section shall not apply to buildings or additions used for:residential purposes. The hea.' of the fire department shall enforce the provisions of this section. "Dever is aggrieved by the head of the,ire deportment's interpretation, order, requirement, direction or fadwe therea to act under the provisions of this section may, within forty-five days after the service ofnat1ce 1.:appeal from such interpretation, order, requirement, direction or failure to act to the automatic .sprin�'ler appeals board as pi :--sided in section two hundred and one ofthip six. .1�nWharis ad ) A ",8e is defined as agriculture in MCrL, Chapter 128; Section 1 A which is considered the standaM of agrloulture aQd specifically referou►ood in Chapter 148, Section 260. That definm'ou is: MA-PT.ER I2& AGPYCULnR,E pterY.ZB.• Sec *ora L!. F' DF-Fff ,IOM fes; d¢irrttioxr Seeti YA `Fermirrg •• dr "agriculture" shall include farming in aU of its brwwches and the est &adion andtft a of the soil ddoft the prO&MI n, eultiva ilo,% grmft and hmwj tig of any arjculturcrl, n icultural or hor&-& rural commoditiex the growing and har..ft of foxes t "n,orest lana the raLshig qfInwtock Wuft horses, the kMAV of hMO Qs a C* merdd the kwpimg and raising gfpmdtry,sw- cattle mrd other domesticated animals used for food PwpweA bee4 fur -bearing animals, and any, forestry or lumbering operaKons, performed by a fanner, who is hereby deftwdas one aWgedln awe orfarmmgars hereby orafarm as an bx*kni to or in cos jW&WOn wuh such farming operation4 inIrtdingfor market, delivery to storage: or to t or to Carriers for transportation to ranker. add4up As one caa ON from the bolded saotkx of the above definition, tb. c�awoo�et,W Statute es agt r T6e�', the a;� provi to �P of horses is d od by 26G world 06* V* to YM' new riding stablermdoor btn•1din a in MM Chapter 148, Section I hope this answers your question and clarifies fer the Building Department arty questions they may have. Smc��e}Y; Ke9fA..Lage A"i4kt CO►omimiouer and Chief of Stuff PW 2 of 2 r� April 2, 2010 Patricia Lambert Windkist Farm Family Trust 115 Windkist Farm Road North Andover, MA 01845 pORTH -(OLD ;6 �A CONSERVATION DEPARTMENT Community Development Division RE: Enforcement Order: 115 Windkist Farm Road, Map 109, Lot 69 Dear Ms. Lambert: On March 30, 2010, the North Andover Conservation Department received information that large amounts of sediment were running into wetland resource areas located off of Middleton Road in North Andover. Upon inspection, the Conservation Administrator observed sediment - laden water flowing off of the property at 115 Windkist Farm, down through property at 721 Middleton Street and an adjacent parcel (Map 109 Lot 42 - address in Andover, MA), and discharging into a wetland resource area jurisdictional to the North Andover Conservation Commission (NACC) (see attached photos). The source of the sediment is unknown as the Administrator did not enter the property but observed the heavily sedimented flow from an abutting property. The slope on 115 Windkist Farm was steep and cleared of most tree and shrub vegetation. Although the property is outside the jurisdiction of the NACC, impacts to down -gradient resource areas have prompted the NACC to issue an Enforcement Order (EO) as authorized in the Wetland Protection Act Regulations (310 CMR 10.02(2)(c)) which states: "In the event that the issuing authority determines that (an) activity has in fact altered an Area Subject to Protection under MGL e. 131 § 40, it may require the filing of a Notice of Intent and/or issuance of an Enforcement Order and shall impose such conditions on the activity or any portion thereof as it deems necessary to contribute to the protection of the interests identified in MGL c. 131 § 40." ORDER: Acting as an Agent of the Commission, enclosed find an Enforcement Order requiring the following action items: 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com t < • The applicant shall contact the Conservation Department prior to the April 14, 2010 meeting of the North Andover Conservation Commission to discuss the violation and further required actions. • The applicant shall submit a plan for stabilizing upstream soils to avoid future impacts to wetland resource areas during storm events. • The applicant shall submit a plan to contain and control stormwater on-site to prevent further erosion and sedimentation of downstream properties and resource areas. • Said plans shall be submitted to the Conservation Department prior to April 23, 2010 for review at the April 28, 2010 public meeting of the North Andover Conservation Commission. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. MGL C.131 5.40 and the North Andover Wetland Bylaw, C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt. Your anticipated cooperation is appreciated. Sincerely, Jennifer A. Hughes Conservation Administrator Encl. CC: Curt Bellavance, AICP, Community Development Director MA Department of Environmental Protection, NERO 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Patricia A. Lambert Windkist Farm 115 Windkist Farm Road North Andover, MA 01845 Tel: (978) 375-5504vlamberl@MLiLudkistfarm.com Susan Y. Sawyer June 3, 2009 Public Health Director Town of North Andover North Andover, MA 01845 Dear Ms. Sawyer: I am in receipt of your letter dated May 28, 2009 which I received by e-mail today after having requested it last week. As you point out in your letter, I no longer live at 115 Windkist Farm Road, North Andover, MA so I did not receive the first certified letter. I understand that you purportedly sent a second certified mail but I have yet to receive the letter or any slips from the Post Office regarding the letter. I further did not receive the e- mail you were purportedly sending on Friday. Nonetheless, I am filing a notice of appeal on this date in order to assure a hearing before the Board of Health. I will reserve my response to your accusations until the public hearing. Nevertheless I will call to your attention to several factual items which you seem to have overlooked, in the hope that we can agree to certain items prior to the hearing. 1. I have Iived at 125 Windkist Farm Road, since the end of 2007. My 2008 application reflects that address so it has been on file with you for over a year. 2. I did not submit any CORI's or SORI's with my application. Both Krista Connors and I had CORI'S and SORI's pulled in 2007. 105 CMR 430.90(B) provides that "The operator shall determine whether each staff person's and volunteer's conduct, criminal or otherwise, shall disqualify that person from employment or service at the camp." It does not provide for your department to have any control over the matter. The regulation further provides that "If there is no interruption in the staff person's employment by the camp/organization from the time of the initial background check, no new criminal or sex offender history is required". (105 CMR 430.90(C)(3)(d)) Krista Connors has been teaching here continuously for at least ten years. There is therefore no reason for you to have copies of any CORI's or SORI's unless you obtained them from my files by accident. 3. With regard to drinking water testing, perhaps you have misread the regulation which you quoted in your letter. It reads "All licensed camps with a private source, no more than 45 days prior to the annual opening of camp shall take and analyze a water sample..." so a test provided with the application (April 30 deadline) would be invalid by the time camp opened. 4. My application did, in fact, include Laurie Botie, M.D.'s Health Care Consultant Form. It was included in the copy of our camp manual which you rept on file. I had it re -executed and re -dated several weeks ago. The balance of the issues we might as well handle in an open forum, since you are clearly determined to further expose me and my family to embarrassment. I will be represented by counsel. No doubt my daughter will be also. We can then take whatever course is necessary to protect each of our interests. S'rely, 7,�� Patricia A. Lam ert Tel: (978) 375-5504 Board of Health Town of North Andover North Andover, MA 01845 Mesdames/Gentlemen: Patricia A. Lambert Windkist Farm 115 Windkist Farm Road North Andover, MA 01845 plambert(4!windkistfarm.com June 24, 2009 This will serve as a formal response to the additional issues which you brought up at the meeting two weeks ago. As I understand the discussion, you have asked me to address two issues: First: Whether I qualify as a Director under 105 CMR 430.102(B)(2) and Second:. Whether I have done all things necessary to protect the safety of the children who attend camp as defined in 105 CMR 430.190. 1. First Response 105 CMR 430.102(B)(2) requires that a Day Camp Director have "at least two seasons previous experience as part of the administrative staff of a recreational camp for children." It does not speak to administrative abilities. While the Health Department may not admire my administrative abilities, the fact is that I have handled a summer program for at least twelve years, the last two of which have been as the director of a recreational camp for children under the supervision of the Health Department. See permits attached as "A." 2. Second Response 105 CMR 190 (General Program Requirements) provides that the operator shall (A) "provide a program of activities which shall meet the generally recognized needs of the campers and shall in no respect be in conflict with their best interests nor a hazard to their health and safety." (B) "release campers only to the camper's parent or an individual designated in writing by the camper's parent unless alternative arrangements are approved in writing by the board of health." (C) "print on any promotional literature or the brochures the following "This camp must comply with regulations of the Massachusetts Department of Public Health and be licensed by the local board of health." (D) "inform parents at the time application forms are provided that they may request copies of background check, health care and discipline policies as well as procedures for filing grievances." Since the policies of paragraphs (B), (C) and (D) are included in the camp manual which were reviewed by the Health Department and remain on file with the Health Department, and since we have not been advised of any complaints with regard to our procedure or our literature, I will assume that the concern that the Board of Health has with our program is with our procedure with respect to the last part of paragraph (A) which provides that the policies "shall in no respect be in conflict with [the campers'] best interests nor a hazard to their health and safety." Horseback riding does have certain inherent risks. Unlike other sports, horseback riding involves the use of an animal whose personality and performance must be calculated into the educational program. The legislature of the Commonwealth has recognized the risks as set forth in G.L. Chapter 128, Section 2D. (Copy attached and marked "B"). That statute provides, in part, that "... an equine activity sponsor, an equine professional, or au other person... shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities..." We have posted the warning required under G.L. 128, Section 21)(d)(2) prominently at the entrance to the stable/arena area and a second time in the middle of the stable. In light of the risks codified in the statute, it is difficult to foresee how to avoid certain hazards to participants. We did not seek to become a recreational camp for children. It was required by the Health Department in connection with a building permit. Given this posture, we have done everything asked of us by the Health Department and the Building Department to minimize risks to campers including building additional access to the upper floor of the facility, adding lighted exit signs, and training virtually all of our Counselors and Junior Counselors in first aid and c.p.r. However, in light of the inherent risks involved in horseback riding, we believe that providing a large number of trained staff and volunteers in addition to providing appropriate safety gear are the most valuable resources to defend against injury to all riders, in or outside of the context of a day camp. Since most of our summer campers are beginning riders, this is particularly true. We cannot, and do not, handle many students each week. Last year, in ten weeks of operation, our largest group had six campers. The regulations provide that "day camps shall have one supervisory staff person for every five campers over the age of six." It also provides that "Junior counselors may be included in meeting up to one half of the camper/staff ratio..." See 105 CMR 430.101 (A). Horseback program requirements are the same as general day camp provisions except that a licensed instructor must "determine each camper's riding experience and level of skill and take these into account in assigning horses and deciding whether the camper shall ride in the ring or on the trail..." and "at least one experienced instructor shall be assigned for every ten riders for each trail excursion and a minimum of two staff members shall accompany any such excursion." 105 CMR 208(A). We do not do trail rides in camp. Last year, assuming a group of six campers every week with one instructor and one Counselor, we far exceeded the requirements for supervisory staff people for a day camp or for a trail excursion. Accepting the estimate made by the Health Department as to the number of supervisory people on the property during their inspection last year (as set forth in the denial letter), we had one supervisory person for nearly every camper. This proportion is certainly in the best interests of the campers. Each supervisory person had a CORI and SORI check, which were reviewed by the Health Department representatives. Our safety record in regard to injury prevention in teaching horseback riding is exemplary, as seen in the limited number of injury reports contained in the police reports obtained by the Health Department. All risks in and around the recreational camp area, should be assessed in proportion to the risk of injury to the participant in the sport of horseback riding as set forth in G.L. Chapter 128D. The likelihood of a visitor to an apartment adjacent to (but not included in) the camp area, during camp hours (9:00 - 3:00), injuring a camper supervised on a nearly 1:1 ratio is HIGHLY REMOTE. This is particularly true since each apartment has a separate exterior entrance from the parking lot or a private yard and the occupants of all apartments, except the camp director, are away from the property during the day. With regard to the suggestion that CORI's should be performed on the apartment residents and all persons who close the barn at night (after camp hours), please see the most recent information provided by the Criminal History Systems Board. The General Counsel informs me that "It is not permissible, and, in fact, is illegal, to use this certification to obtain CORI on tenants or any individual who is not a camp employee or volunteer." See e-mail from General Counsel of the Criminal History Systems Board attached as "C". I have checked with a number of equestrian facilities and I cannot find one that is licensed as a Massachusetts Recreational Camp for Children. Perhaps the reason is that the risks and protections codified in G.L. 128 Section 2D make it difficult to incorporate the concept within the framework of 105 CMR 190(A). Nevertheless, within the context of the camp environment, I believe we have taken all reasonable measures to provide the safest environment for the children under our care and would certainly be happy to accept any suggestions which we could legally make for improvement. Very truly yours, Patricia A. Lambert Tel: (978) 375-5504 Susan Y. Sawyer Public Health Director Town of North Andover North Andover, MA 01845 Dear Ms. Sawyer: Patricia A. Lambert Windkist Farm 115 Windkist Farm Road North Andover, IIIA 01845 plambert@w.indkistfarm.com June 3, 2009 I am in receipt of your letter dated May 28, 2009 which I received by e-mail today after having requested it last week. As you point out in your letter, I no longer live at 115 Windkist Farm Road, North Andover, MA so I did not receive the first certified letter. I understand that you purportedly sent a second certified mail but I have yet to receive the letter or any slips from the Post Office regarding the letter. I further did not receive the e- mail you were purportedly sending on Friday. Nonetheless, I am filing a notice of appeal on this date in order to assure a hearing before the Board of Health. I will reserve my response to your accusations until the public hearing. Nevertheless I will call to your attention to several factual items which you seem to have overlooked, in the hope that we can agree to certain items prior to the hearing. 1. I have lived at 125 Windkist Farm Road, since the end of 2007. My 2008 application reflects that address so it has been on file with you for over a year. 2. I did not submit any CORI's or SORI's with my application. Both Krista Connors and I had CORPS and SORI's pulled in 2007. 105 CMR 430.90(B) provides that "The operator shall determine whether each staff person's and volunteer's conduct, criminal or otherwise, shall disqualify that person from employment or service at the camp." It does not provide for your department to have any control over the matter. The regulation further provides that "If there is no interruption in the staff person's employment by the camp/organization from the time of the initial background check, no new criminal or sex offender history is required". (105 CMR 430.90(C)(3)(d)) Krista Connors has been teaching here continuously for at least ten years. There is therefore no reason for you to have copies of any CORI's or SORI's unless you obtained them from my files by accident. 3. With regard to drinking water testing, perhaps you have misread the regulation which you quoted in your letter. It reads "All licensed camps with a private source, no more than 45 days prior to the annual opening of camp shall take and analyze a water sample..." so a test provided with the application (April 36 deadline) would be invalid by the time camp opened. 4. My application did, in fact, include Laurie Botie, M.D.'s Health Care Consultant Form. It was included in -the copy of our camp manual which you kept on file. I had it re -executed and re -dated several weeks ago. The balance of the issues we might as well handle in an open forum, since you are clearly determined to further expose me and my family to embarrassment. I will be represented by counsel. No doubt my daughter will be also. We can then take whatever course is necessary to protect each of our interests. S' rely, Patricia A. Lam ert z Page 1 of I Patricia Lambert From: "Critsley, Georgia (CHS)" <Georgia.Critsley@state.ma.us> 7o: <ptambert@windkistfarm.com> Sent: Friday, June 12, 200911:41 AM Subject: Your CORI camp certification Dear Ms. Lambert - Pursuant to our telephone conversation today, the very strict parameters of a camp CORI certification are as follows: MGL c. 6, s. 172G mandates that "operators of camps shall obtain all available criminal offender record information [CORI] and juvenile data....of all employees or volunteers prior to employment or volunteer service." It is not permissible, and in fact, is illegal, to use this certification to obtain CORI on tenants or any individual who is not a camp employee or volunteer. If you have any questions, please contact me at the below number. Georgia K. Critsley General Counsel Criminal History Systems Board Criminal Justice Information Services 617-660-4762 georgia.cdtstey@sWte.ma.us Cu i - t pfl AM 777nno North Andover Board of Assessors Public Access Page 1 of 1 http://csc-ma.us/PROPAPP/newSearch.do?town=NandoverPubAcc&from=NewSearch 7/20/2009 North Andover Board of Assessors „oRT� Ot .�+ao t•.c � p '� °'-�'°� z:.:`•' MATCHING PARCELS ass"CHU Click on a column title to sort data by that column Click Seal To Return 18 items found, displayingall items.1 Fiscal Year Parcel ID St.No. Street Owner Name 2009 210/109.0-0054-0000.0 OL -9 FARM WARD, ROBERT & ROSEANN, ROAD Search for Parcels 2009 210/109.0-0055-0000.0 0 WINDKIST FARM ROAD MCNEE, DAVID, 2009 210/109.0-0034-0000.0 OL -8 WINDKIST FARM LAMBERT, PATRICIA A, Search for Sales ROS 2009 210/109.0-0063-0000.0 14 WINDKIST FARM BEAN, DAVID C, ELENA BEAN ROAD 2009 210/109.0-0048-0000.0 15 WINDKIST FARM DE SIMONE, RALPH, C/O IRA HOUCHINS, ROAD II 2009 210/109.0-0062-0000.0 30 WINDKIST FARM HASSANEIN, WALEED H, ELIZABETH L ROAD HASSANEIN 2009 210/109.0-0061-0000.0 42 WINDKIST FARM LUCY, BRIAN D, SUSAN M LUCY 2009 210/109.0-0049-0000.0 45 WINDKIST FARM SCARPA, CHRISTOPHER J, JENNIFER A ROAD SCARPA 2009 210/109.0-0060-0000.0 56 FARM 1 BALOGH, RAY, RICO, JOANNE RWIINDKIST 2009 210/109.0-0050-0000.0 59 INDKIST FARM ROAD CROSETT, ALEXANDER D., CROSETT, KATHERINE B. 2009 210/109.0-0059-0000.0 70 ROAD FARM DE LAURI, ANTONIO, 2009 210/109.0-0051-0000.0 75 WINDKIST FARM FLORA, STEVEN K, LORRAINE L FLORA AD 2009 210/109.0-0058-0000.0 80 WINDKIST FARM ROKOS, PAUL E, MEG D ROKOS 2009 210/109.0-0052-0000.0 85 WINDKIST FARM DAVIDSON, SHEPARD, ELIZABETH S ROAD CAHN 2009 210/109.0-0057-0000.0 94 ROAD T FARM DEMAIO, FRANK & PAULINE, 2009 210/109.0-0053-0000.0 97 WINDKIST FARM ROAD PENNACE, THOMAS, JOAN PENNACE 2009 210/109.0-0056-0000.0 108 IST FARM YOUNGMAN, ELOISE P, ROAD 2009 210/109.0-0069-0000.0 115 WINDKIST FARM LAMBERT, PATRICIA TR, WINDKIST ROAD FARM FAMILY TRUST 18 items found, displaying all items.1 http://csc-ma.us/PROPAPP/newSearch.do?town=NandoverPubAcc&from=NewSearch 7/20/2009 PUBLIC HEALTH DEPARTMENT Community Development Division July 7, 2008 Windkist Equestrian Centre Patricia Lambert 115 Windkist Road North Andover, MA 01845 Re: CORI and SORI Dear Ms Lambert, This is the second year that the Windkist Equestrian Center has been licensed for recreational camps. Last July you received our written opinion regarding the review of background checks on staff at the camp. As in 2007, the 2008 permit requires that all staff members and volunteers have CORI and SORI checks done on them. By definition, the code defines staff as; Staff means any person employed by a recreational camp for children who: (1) is or may be present at any time at the camp when campers are present and is in the service of the camp under any contract of hire, express or implied, oral or written, where the camp operator has the power or right to control and direct the person in the material details of how his/her work is to be performed; and (2) Is paid directly by the camp operator. This does not include any person at the camp performing emergency services when under the supervision of the camp operator or his/her designee. This 2008 camp season, the inspection included the checking of 4 staff people. (Please note that no other persons were observed around the area at this time; however you indicated that a ranch hand or two may be present). If this is the case, these employees of the ranch fall under this definition and must be checked. The exception to this would be the casual visitor or parents dropping kids off. Your cooperation is greatly appreciated. Be advised however, that if at any time an inspection reveals that there are adult or juvenile; workers, apprentices or trainers on the site while campers are present, your permit to operate will be suspended until you have acquired and reviewed said person's background checks. Therefore, if you have such persons on your premises, it is 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com C PUBLIC HEALTH DEPARTMENT Community Development Division July 7, 2008 Windkist Equestrian Centre Patricia Lambert 115 Windkist Road North Andover, MA 01845 Re: CORI and SORI Dear Ms Lambert, This is the second year that the Windkist Equestrian Center has been licensed for recreational camps. Last July you received our written opinion regarding the review of background checks on staff at the camp. As in 2007, the 2008 permit requires that all staff members and volunteers have CORI and SORI checks done on them. By definition, the code defines staff as; Staff means any person employed by a recreational camp for children who: (1) is or may be present at any time at the camp when campers are present and is in the service of the camp under any contract of hire, express or implied, oral or written, where the camp operator has the power or right to control and direct the person in the material details of how his/her work is to be performed; and (2) Is paid directly by the camp operator. This does not include any person at the camp performing emergency services when under the supervision of the camp operator or his/her designee. This 2008 camp season, the inspection included the checking of 4 staff people. (Please note that no other persons were observed around the area at this time; however you indicated that a ranch hand or two may be present). If this is the case, these employees of the ranch fall under this definition and must be checked. The exception to this would be the casual visitor or parents dropping kids off. Your cooperation is greatly appreciated. Be advised however, that if at any time an inspection reveals that there are adult or juvenile; workers, apprentices or trainers on the site while campers are present, your permit to operate will be suspended until you have acquired and reviewed said person's background checks. Therefore, if you have such persons on your premises, it is 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com recommended that you explain this requirement to them and do not allow that person to be on the r � site until you have complied with this directive. Thank you for your cooperation in this important matter of public health. Sincerely, usan Sawyer, REHS/RS Public Health Director Cc: Deb Rillahan, Public Health Nurse 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Deval L. Patrick Governor Timothy P. Murray Lieutenant Governor Kevin M. Burke Secretary 2lie Commonwealth of 9Kassackusetts P �� yb Devartment of ft6Cic Safetv�- Board of Building fgulations andStandards One Ash6urton P&ce, from 1301 Boston, Massachusetts 02108-1618 None (617 727-7532 Fax (617) 227-1754 T7T (617) 727-0019 on \N R Atlmins`tlt tot Date: October 3, 2007 Thomas G )64 ni Gatzunis, P.E. Commissioner 0 n c�- � Alexander MacLeod, R.A. Vice Chairman Gary Moccia, P.E. Chairman www, mass gov/dps Name of Appellant: Patricia A. Lambert Service Address: 115 Windkist Farm Road, North Andover, MA 01845 In reference to: Windkist Farm/ Windkist Equestrian Center 125 Windkist Farm Road North Andover, MA. 01845 Docket Number: 05-400 Property Address: 125 Windkist Farm Road, North Andover, MA 01845 Date of Hearing: April 24, 2007 L=� Jlff P y We are pleased to enclose a copy of the decision relative to the above case wherein certain variances from the State Building Code had been requested. Sincerely: STATE BUILDING CODE APPEALS BOARD 6�6 (to Patricia Barry, Cler cc: State Building Code Appeals Board Building Official COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS State Building Code Appeals Board Docket No. 054M BOARD'S RULING ON APPEAL All hearings are audio recorded. The digital recording (which is on file at the office of the Board of Building Regulations and. Standards) serves as the official record of the hearing. Copies of the recording are available from the Board for a fee of $10.00 per copy. Please make requests for copies in writing and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee. Requests may be addressed to: Patricia Barry, Coordinator State Building Code Appeals Board BBRS/Department of Public Safety One Ashburton Place - Room 1301 Boston, MA 02108 Patricia A. Lambert, ) . Appellant, ) V. ) Town of N. Andover and Gerald Brown, ) Appellees ) Procedural History This matter came before the State Building Code Appeals Board ("the Board") on the Appellant's appeal filed pursuant to 780 CMR 122.1. In accordance with 780 CMR 122.3, Appellant asks the Board to grant a variance from 780 CMR 116.0 and 780 CMR, Table 106 of the Massachusetts State Building Code ("MSBC') for 125 Windkist Road, North Andover, Massachusetts, 10845. In accordance with MGL c. 30A, §§ 10 and 11; MGL c. 143, §100; 801 CMR 1.02 et. Seq.; and 780 CMR 122.3.4, the Board convened a public hearing on April 24, 2007 where all interested parties were provided with an opportunity to testify and present evidence to the Board. Present was the Appellant, Patricia A. Lambert. Present and representing the Town of North Andover was Inspector of Buildings Gerald Brown. Also present was Larry Shelzi and one other, name inaudible,, representing the Appellant. Exhibits: The following exhibits were accepted as evidence by the Board during the course of the hearine. Exhibit # Description Pages Document Date Submitted By: 1 Letter to town of N. Andover 1 03/31/07 Appellant 2 Copy of MGL c. 128, §1A 1 01/03/07 Appellant 3 Plans for 115 Windkist Farm 4 08/24/05 Appellant 4 Photos 4 undated Appellant 5 Letter from N. Andover Building Inspector 1 04/11/07 Appellee 6 Packet from Building Inspector 28 04/20/07 Appellee Decision: Following testimony, and based upon relevant information provided, Board members voted as indicated below. ❑.......... Granted X.......... Denied ❑........... Granted with conditions (see below) The vote was: X..............Unanimous Reasons for Denial: El .......... Rendered Interpretation 11 ........ Dismissed ❑......... Majority 1. A geotechnical review detailing the nature of the soil on which the building is to be located is reasonably required pursuant to the order of the Inspector of Buildings. 2. Appellant has indicated the intent to operate a camp for children on the property. At the time of the hearing, Appellant had not provided the Inspector of Buildings with a written plan that documented the anticipated location of camp activities and approximate number of participants in the camp intended to be held on the property or clearly delineated whether or not participants in the camp will would use the building in question. The motion to deny the variance was made by Member Gary Moccia and seconded by Member Keith Hoyle. The variance is DENIED. Members voting unanimously to grant the variance were Hang Smith; Gary Moccia; and Keith Hoyle. The following members voted in the above manner 6 �4o,vJaa- - A q�� f1dMO-2 - Wnt Chairman -Harry Smith Gary Moccia Keith Hoyle A complete administrative record is on file at the office of the Board of Building Regulations and Standards. A true copy attest, dated: October 3, 2007 Patricia Barry, Cl k Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent jurisdiction in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws. TOWN OF NORTH ::ANDOVER (.office of the Building Department Community Development and. Services 1600 Osgood Street E�z th Azidowr, Nlassachuset.ts 01845 Donald Ouellete Engineering 70 Meadow Road Townsend MA 01469 April 11, 2007 RE: Windkist Farm North Andover MA 01845 Telephone ( 971 6Ri--9j.aj FiV\ (978) 688-9541 After reviewing the engineering affidavit provided by Donald Ouellete Engineering Inc. and the association with "not great soils" and the substantial quantity of questionable fill used for regarding, along with the foundation excavation, and construction without proper inspections or permits. The North Andover building department is requesting that Windkist Farm do a Full Geotechnical report to determine the soils type, extent of fill placement and bearing load bearing capacity of the soils (psf). As per Massachusetts State Building_Code780CMR 110.8 Engineering Details Reports, .,Calculations plans and Specifications: See attached page. The report shall include a soils investigation report, record of subsurface exploration to a depth of 20 feet at the 2 outside corners closet to the embankment area and one at the exterior center of the long span, and a Report Summary. The report shall also reflect the placement, size, and pattern of structural rebar that was placed in the footing and foundation. Sincerely Gerald Brown Inspector of Buildings North Andover Cc Patricia A. Lambert Cc William V. Dolan Fire Chief Ce Thomas Urbelis 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 5. Greenhouses: A building permit or notice to the building official is not required for the con- struction of greenhouses covered exclusively with plastic film (in accordance with St. 1983, c. 671). (This exemption does not apply if the greenhouse is to be used for large assemblies of people or us- es other than normally expected for this purpose.) 110.4 Form of application: The application for a permit shall be submitted in such form as determined by the building official but in all cases shall contain, as a minimum, the information required on the appropriate sample uniform building permit application forms in Appendix B. The application for a permit shall be accompanied by the required fee as prescribed in 780 CMR 114.0 and the construction documents as required in 780 CMR 110.7 and 110.8, where applicable and as required by other sections of 780 CMR. 110.5 By whom application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either. If application is made other than by the owner, the written authorization of the owner shall accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner's authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Note: It shall be the responsibility of the registered contractor to obtain all permits neces- sary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A. Refer to 780 CMR R6 and M.G.L. c. 142A for additional information regarding the Home Improvement Contractor Registration Program. 110.6 The securing of a building permit by the owner, or the owner's authorized agent, to construct, reconstruct, alter, repair, demolish, remove, install equipment or change the use or occupancy of a building or structure, shall not be construed to relieve or otherwise limit the duties and responsibil- ities of the licensed, registered or certified individual or firm under the rules and regulations governing the issuance of such license registration or certification. 110.7 Construction documents: The application for permit shall be accompanied by not less than three sets of construction documents..The building official is permitted to waive, or modify the requirements for filing construction documents when the building official determines that the scope of the work is of a 20 minor nature. When the quality of the materials is essential for conformity to 780 CMR, specific information shall be given to establish such quality, and 780 CMR shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information. 110.8 Engineering Details, Reports, Calculations, Plans and Specifications: In the application for a permit for buildings and structures subject to con- struction control in 780 CMR 116.0, the construc- tion documents shall contain sufficient plans and de- tails to fully describe the work intended, including, but not limited to all details sufficient to describe the structural, fire protection, fire alarm, mechanical, light and ventilation, energy conservation, architec- tural access and egress systems. The building official may require such calculations, descriptions narra- tives and reports deemed necessary to fully describe the basis of design for each system regulated by 780 CMR. In accordance with the provisions of M.G.L. c. 143, § 54A all plans and specifications shall bear the original seal and original signature of a Massachusetts registered professional engineer or registered architect responsible for the design, except as provided in M.G.L. c. 143, § 54A and any profession or trade as provided in M.G.L. c. 112, § 60L and M.G.L. c. 112, § 81R. When such application for permit must comply with the provisions of 780 CMR 4 or 780 CMR 9 or 780 CMR 34, the building official shall cause one set of construction documents filed pursuant to 780 CMR 110.7 to be transmitted simultaneously to the head of the local fire department for his file, review and approval of the items specified in 780 CMR 903.0 as they relate to the applicable sections of 780 CMR 4, 780 CMR 9 or 780 CMR 34. The head of the local fire department shall within ten working days from the date of receipt by him, approve or disapprove such construction documents. If the head of the local fire department disapproves such construction documents, he or she shall do so, in writing citing the relevant sections of noncompliance with 780 CMR or the sections of the referenced standards of Appendix A. Upon the request of the head of the local fire department, the building official may grant one or more extensions of time for such review provided, however, that the total review by said head of the local fire department shall not exceed 30 Calendar days. If such approval, disapproval or request for extension of time isnot received by the building official within said ten working days, the building official may deem the construction documents to be in full compliance with the applicable sections of 780 CMR 4,.780 CMR 9 or 780 CMR 34 and, therefore approved by the head of the local fire department. 110.9 Existing Buildings: The application for a building permit to reconstruct, alter or change the use or occupancy of existing buildings or structures 780 CMR - Sixth Edition 11/27/98 TOWN OF NORTH ,ANDOVER Office of the Building .Department Community Development and. Services 1600 Dsi!ood Street Nortb Aaulmer, :'14assachuset.ts 01845 Donald Ouellete Engineering 70 Meadow Road Townsend MA 01469 April 11, 2007 RE: Windkist Farm North Andover MA 01845 Teiephou (978) 698-95515 JWK (9;8) 688-9542 After reviewing the engineering affidavit provided by Donald Ouellete Engineering Inc. and the association with "not great soils" and the substantial quantity of questionable fill used for regarding, along with the foundation excavation, and construction without proper inspections or permits. The North Andover building department is requesting that Windkist Farm do a Full Geotechnical report to determine the soils type, extent of fill placement and bearing load bearing capacity of the soils (psi). As per Massachusetts State Building Code780CMR 110.8 Engineering_ Details Reports} Calculations plans and Specifications: See attached page. The report shall include a soils investigation report, record of subsurface exploration to a depth of 20 feet at the 2 outside corners closet to the embankment area and one at the exterior center of the long span, and a Report Summary. The report shall also reflect the placement, size, and pattern of structural rebar that was placed in the footing and foundation. Sincerely Gerald Brown Inspector of Buildings North Andover Ce Patricia A. Lambert Cc William V. Dolan Fire Chief Ce Thomas Urbelis r,(Dpy 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 5. Greenhouses: A building permit or notice to the building official is not required for the con- struction of greenhouses covered exclusively with plastic film (in accordance with St. 1983, c. 671). (This exemption does not apply if the greenhouse is to be used for large assemblies of people or us- es other than normally expected for this purpose.) 110.4 Form of application: The application for a permit shall be submitted in such form as determined by the building official but in all cases shall contain, as a minimum, the information required on the appropriate sample uniform building permit application forms in Appendix B. The application for a permit shall be accompanied by the required fee as prescribed in 780 CMR 114.0 and the construction documents as required in 780 CMR 110.7 and 110.8, where applicable and as required by other sections of 780 CMR. 110.5 By whom application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either. If application is made other than by the owner, the written authorization of the owner shall accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner's authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Note: It shall be the responsibility of the registered contractor to obtain all permits neces- sary for work covered by the Home Improvement Contractor Registration Law, M.G.L. C. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A. Refer to 780 CMR R6 and M.G.L. c. 142A for additional information regarding the Home Improvement Contractor Registration Program. 110.6 The securing of a building permit by the owner, or the owner's authorized agent, to construct, reconstruct, alter, repair, demolish, remove, install equipment or change the use or occupancy of a building or structure, shall not be construed to relieve or otherwise limit the duties and responsibil- ities of the licensed, registered or certified individual or firm under the rules and regulations governing the issuance of such license registration or certification. 110.7 Construction documents: The application for permit shall be accompanied by not less than three sets of construction documents. The building official is permitted to waive, or modify the requirements for filing construction documents when the building official determines that the scope of the work is of a minor nature. When the quality of the materials is essential for conformity to 780 CMR, specific information shall be given to establish such quality, and 780 CMR shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information. 110.8 Engineering Details, Reports, Calculations, Plans and Specifications: In the application for a permit for buildings and structures subject to con- struction control in 780 CMR 116.0, the construc- tion documents shall contain sufficient plans and de- tails to fully describe the work intended, including, but not limited to all details sufficient to describe the structural, fire protection, fire alarm, mechanical, light and ventilation, energy conservation, architec- tural access and egress systems. The building official may require such calculations, descriptions narra- tives and reports deemed necessary to fully describe the basis of design for each system regulated by 780 CMR. In accordance with the provisions of M.G.L. c. 143, § 54A all plans and specifications shall bear the original seal and original signature of a Massachusetts registered professional engineer or registered architect responsible for the design, except as provided in M.G.L. c. 143, § 54A and any profession or trade as provided in M.G.L. c. 112, § 60L and M.G.L. c. 112, § 81R. When such application for permit must comply with the provisions of 780 CMR 4 or 780 CMR 9 or 780 CMR 34, the building official shall cause one set of construction documents filed pursuant to 780 CMR 110.7 to be transmitted simultaneously to the head of the local fire department for his file, review and approval of the items specified in 780 CMR 903.0 as they relate to the applicable sections of 780 CMR 4, 780 CMR 9 or 780 CMR 34. The head of the local fire department shall within ten working days from the date of receipt by him, approve or disapprove such construction documents. If the head of the local fire department disapproves such construction documents, he or she shall do so, in writing citing the relevant sections of noncompliance with 780 CMR or the sections of the referenced standards of Appendix A. Upon the request of the head of the local fire department, the building official may grant one or more extensions of time for such review provided, however, that the total review by said head of the local fire department shall not exceed 30 Calendar days. If such approval, disapproval or request for extension of time isnot received by the building official within said ten working days, the building official may deem the construction documents to be in full compliance with the applicable sections of 780 CMR 4,.780 CMR 9 or 780 CMR 34 and, therefore approved by the head of the local fire department. 110.9 Existing Buildings: The application for a building permit to reconstruct, alter or change the use or occupancy of existing buildings or structures 780 CMR - Sixth Edition C(D 11/27/98 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 5. Greenhouses: A building permit or notice to the building official is not required for the con- struction of greenhouses covered exclusively with plastic film (in accordance with St. 1983, c. 671). (This exemption does not apply if the greenhouse is to be used for large assemblies of people or us- es other than normally expected for this purpose.) 110.4 Form of application: The application for a permit shall be submitted in such form as determined by the building official but in all cases shall contain, as a minimum, the information required on the appropriate sample uniform building permit application forms in Appendix B. The application for a permit shall be accompanied by the required fee as prescribed in 780 CMR 114.0 and the construction documents as required in 780 CMR 110.7 and 110.8, where applicable and as required by other sections of 780 CMR. 110.5 By whom application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either. If application is made other than by the owner, the written authorization of the owner shall accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner's authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Note: It shall be the responsibility of the registered contractor to obtain all permits neces- sary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A. Refer to 780 CMR R6 and M.G.L. c. 142A for additional information regarding the Home Improvement Contractor Registration Program. 110.6 The securing of a building permit by the owner, or the owner's authorized agent, to construct, reconstruct, alter, repair, demolish, remove, install equipment or change the use or occupancy of a building or structure, shall not be construed to relieve or otherwise limit the duties and responsibil- ities of the licensed, registered or certified individual or firm under the rules and regulations governing the issuance of such license registration or certification. minor nature. When the quality of the materials is essential for conformity to 780 CMR, specific information shall be given to establish such quality, and 780 CMR shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information. 110.7 Construction documents: The application for permit shall be accompanied by not less than three sets of construction documents. The building official is permitted to waive, or modify the requirements for filing construction documents when the building official determines that the scope of the work is of a 20 110.8 Engineering Details, Reports, Calculations, Plans and Specifications: In the application for a permit for buildings and structures subject to con- struction control in 780 CMR 116.0, the construc- tion documents shall contain sufficient plans and de- tails to fully describe the work intended, including, but not limited to all details sufficient to describe the structural, fire protection, fire alarm, mechanical, light and ventilation, energy conservation, architec- tural access and egress systems. The building official may require such calculations, descriptions narra- tives and reports deemed necessary to fully describe the basis of design for each system regulated by 780 CMR. In accordance with the provisions of M.G.L. c. 143, § 54A all plans and specifications shall bear the original seal and original signature of a Massachusetts registered professional engineer or registered architect responsible for the design, except as provided in M.G.L. c. 143, § 54A and any profession or trade as provided in M.G.L. c. 112, § 60L and M.G.L. c. 112, § 81R. When such application for permit must comply with the provisions of 780 CMR 4 or 780 CMR 9 or 780 CMR 34, the building official shall cause one set of construction documents filed pursuant to 780 CMR 110.7 to be transmitted simultaneously to the head of the local fire department for his file, review and approval of the items specified in 780 CMR 903.0 as they relate to the applicable sections of 780 CMR 4, 780 CMR 9 or 780 CMR 34. The head of the local fire department shall within ten working days from the date of receipt by him, approve or disapprove such construction documents. If the head of the local fire department disapproves such construction documents, he or she shall do so, in writing citing the relevant sections of noncompliance with 780 CMR or the sections of the referenced standards of Appendix A. Upon the request of the head of the local fire department, the building official may grant one or more extensions of time for such review provided, however, that the total review by said head of the local fire department shall not exceed 30 Calendar days. If such approval, disapproval or request for extension of time isnot received by the building official within said ten working days, the building official may deem the construction documents to be in full compliance with the applicable sections of 780 CMR 4,.780 CMR 9 or 780 CMR 34 and, therefore approved by the head of the local fire department. 110.9 Existing Buildings: The application for a building permit to reconstruct, alter or change the use or occupancy of existing buildings or structures 780 CMR - Sixth Edition 11/27/98 0 Lu ui ui 0 ui ui 0 Donald audlete Engineering Inc. March 31, 2007 Town of North Andover Building Department Building Inspector Dear Sir. Don Ouellette 70 Meadow Road Townsend MA. 01489 The purpose of this letter is to let you know that I inspected the foundation work at 115 Windkist on March 24, 2007. The soil at this site is a very dense glacial till. It does have a high percentage of clay. This soil is suitable for installing a footing and foundation. I had the owner dig--twr>-test pits along the foundation and here are my obsenr.: _ :as: 1. The soil is a dense till. It was saturated but no standing water. 2. It is located on the top of slope should allow for adequate drainage 3. The footing is two Beet wide and one foot thick. The wall is eight inches thick. 4. There was at lease 6' of stone placed around and under the footing. 5. The footing was installed in Nam. -w 2006. It has gone though a winter with no structural failures. I found only a couple of minor hair = cracks. 6. The,depth of the footing is 46". The oWw will be adding a couple of inches of gravel or pavement, which will add to this depth. This is one of best folrndations that I have seen. The soils are not great but are adequate. The depth of the foundation footing is good, and the construction is very conservati re, I strongly recommend that this foundation be approved. If you have any questions please call me at 978 597 5527. Sincerely, Donald Ouellette P.E. DONMD L OUBLIETTE H0.42144 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.41 Fee and costs: All fees and costs related to the performance of on-site project representation shall be borne by the owner. 116.5 Building official responsibility: Nothing contained in 780 CMR 116.0 shall have the effect of waiving or. limiting the building official's authority to enforce 780 CMR with respect to examination of the contract documents, including plans, computations and specifications, and field inspections (see 780 CMR 106.0). 780 CMR 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to secure the results intended by 780 CMR. 780 CMR 118.0 VIOLATIONS 118.1 Unlawful acts: It shall be unlawful for any person, firm or corporation to use, occupy or change the use or olcupancy of any building or structure or to erect, construct, alter, extend, repair, remove, demolish any building or structure or any equipment regulated by 780 CMR, or cause same to be done, in conflict with or in violation of any of the provisions of 780 CMR. 1181 Notice of violation: The building official shall serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, removal, demolition or occupancy of a building or structure in violation of the provisions of 780 CMR, or in violation of a detail statement or a plan approved thereunder, or in violation of.a permit or certificate issued under the provisions of 780 CMR Such order shall be in writing and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 118.3 Prosecution of violation: If the notice of violation is not complied with in the time period specified in said notice of violation, the building official may institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of 780 CMR or of the order or direction made pursuant thereto. 118.4 Violation penalties: Whoever violates any provision of 780 CMR, except any specialized code referenced herein, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or both for each such violation. Each day during which a violation exists shall constitute a separate offense. The building official shall not begin criminal prosecution for such violations until the lapse of 30 days after the issuance of the written notice of violation. 118.5 Abatement of violation: The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or occupancy of a building or structure on or about any premises. 118.6 Notice or orders, service and content: Every notice or order authorized by 780 CMR shall be in writing and shall be served on the person responsible: 1. personally, by any person authorized by the building official; or 2. by any person authorized to serve civil process by leaving a copy of the order or notice at the responsible party's last and usual place of abode; or 3. by sending the party responsibile a copy of the order by registered or certified mail return receipt requested, if he is within the Commonwealth; or 4. if the responsibile party's last and usual place of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about the premises in violation and by publishing it for at least three out of five consecutive days in one or more newspapers of general circulation wherein the building or premises affected is situated. 780 CNM 119.0 MP WORK ORDER 119.1 Notice to owner: Upon notice from the building official that work on any building or structure is being prosecuted contrary to the provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the approved construction documents submitted in support of the building permit application, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. 119.2 Unlawful continuance: Any person who shall continue any work in or about the building or structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $1,000 or by imprisonment for not more than one year, or both for each such violation. Each day during which a violation exists shall constitute a separate offense. 26 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 780 CMR 120.0 CERTIFICATE OF OCCUPANCY 120.1 General: New buildings and structures: A building or structure hereafter shall not be used or occupied in whole or in part until the certificate of use and occupancy shall have been issued by the building commissioner or inspector of buildings or, when applicable, the state inspector. The certificate shall not be issued until all the work has been completed in accordance with the provisions of the approved permits and of the applicable codes for which a permit is required, except as provided in 780 CMR 120.3. 120.2 Buildings or structures hereafter altered: A building or structure, in whole or in part, altered to change from one use group to another; to a different use within the same use group; the fire grading; the maximum live load capacity; the occupancy load capacity shall not be occupied or used until the certificate shall have been issued certifying that the work has been completed in accordance with the provisions of the approved permits and of the applicable codes for which a permit is required. Any use or occupancy, which was not discontinued during the work of alteration, shall be discontinued within 30 days after the completion of the alteration unless the required certificate is issued. 120.3 Temporary occupancy: Upon the request of the holder of a permit, a temporary certificate of occupancy may be issued before the completion of the entire work covered by the permit, provided that such portion or portions shall -be occupied safely prior to full completion of the building or structure without endangering life or public welfare. Any occupancy permitted to continue during the work shall be discontinued within 30 days after completion of the work unless a certificate of occupancy is issued by the building official. 120.4 Contents of certificate: When a building or structure is entitled thereto, the building official shall issue a certificate of occupancy within ten days after written application. Upon completion of the final inspection in accordance with 780 CMR 115.5 and correction of the violations and discrepancies, and compliance with 780 CMR 903.4, the certificate of occupancy shall be issued. The certificate of occupancy shall specify the following. 1. The edition of the code under which the permit was issued. 2. The use group and occupancy, in accordance with the provisions of 780 CMR 3. 3. The type of construction as defined in 780 CMR 6. 4. The occupant load per floor. 5. Any special stipulations and conditions of the building permit. ADMINISTRATION 120.5 Posting structures: 120.5.1 Posted use and occupancy: A suitably designed pl acard approved by the building official shall be posted by the owner on all floors of every building and structure and part thereof designed for high hazard, storage, mercantile, factory and industrial or business use (use groups H, S, M, F and B) as defined in 780 CMR 3. Said placard shall be securely fastened to the building or structure in a readily visible place, stating: the use group, the fire grading, the live load and the occupancyload. 120.5.2 Posted occupancy load: A suitably designed placard approved by the building official shall be posted by the owner in every room where practicable of every building and structure and part thereof designed for use as a place of public assembly or as an institutional building for harboring people for penal, correctional, educational, medical or other care or treatment, or as residential buildings used for hotels, lodging houses, boarding houses, dormitory buildings, multiple family dwellings (use groups A, I, R-1 and R-2). Said placard shall designate the maximum occupancy load. 120.5.3 Replacement of posted signs: All posting signs shall be furnished by the owner and shall be of permanent. design; they shall not be removed or defaced, and if lost, removed or defaced, shall be immediately replaced. 120.5.4 Periodic inspection for posting: The building official may periodically inspect all existing buildings and structures except one and two family dwellings for compliance with 780 CMR in respect to posting; or he may accept the report of such inspections from a qualified registered engineer or architect or others certified by the BBRS; and such inspections and reports shall specify any violation of the requirements of 780 CMR in respect to the posting of floor load, fire grading, occupancy load and use group of the building or structure. 780 CNIR 121.0 UNSAFE STRUCTURES 121.1 General: The provisions of 780 CMR 121.0 are established by M.G.L. c. 143, §§ 6, 7, 8, 9 and 10. 121.2 Inspection: The building official immediately upon being informed by report or otherwise that a building or other structure or anything attached thereto or connected therewith is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner to remove it or make it safe if it appears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned and open to the weather. 2/7/97 (Effective 2/28/97) 780 CMR - Sixth Edition 27 780 CMR: STATE BOARD OF BUILDNG REGULATIONS AND STANDARDS The following structures are exempt from the requirements of 780 CMR 116.0; 1. Any building containing less than 35,000 cubic feet of enclosed space, measured to the ex- terior surfaces of walls and roofs and to the top of a ground supported floor, or in the case of a crawl space, to the bottom surface of the crawl space. In the case of basement floors or levels, the calcula- tion of enclosed space shall include such spaces. 2. Any single or two family dwelling or any accessory building thereto; 3. Any building used exclusively for farm purposes (this exemption does not apply if the building is to be used for large assemblies of people or uses other than farm purposes); and 4. Retaining walls less than ten feet in height at all points along the wall as measured from the base of the footing to the top of the wall. Notwithstanding the exemptions above, professional engineering services shall be required for activities which are deemed to constitute the practice of P^_ineed g as defined in M.G.L. c. 112, § 81D, except as provided in M.G.L. c. 54A and any legally required profession or as provided in M.G.L. c. 112, § 81K 116.1.1 Specialized structures requiring construction control: Telecommunication towers and similar structures are engineered structures and shall be subject to the requirements of 780 CMR 116. 116.2 Registered architectural and engineering services: 116.2.1 Design: All plans, computations and specifications involving new construction, altera- tions, repairs, expansions or additions or change in use or occupancy of existing buildings shall be prepared by or under the direct supervision of a Massachusetts registered architect or Massachusetts registered professional engineer and shall bear his or her original signature and seal or by the legally recognized professional performing the work, as defined by M.G.L. c. 112, §81R. Said signature and seal shall signify that the plans, computations and specifications meet the applicable provisions of 780 CMR and all accepted engineering practices. 116.2.2 Architect/engineer responsibilities during construction: The registered architects and registered professional engineers who have prepared plans, computations and specifications or the registered architects or registered professional engineers who have been retained to perform construction phase services, shall perform the following tasks for the portion of the work for which they are directly responsible; 1. Review, for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the ADMINISTRATION contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code -required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become, generally familiar with the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. 116.2.3 Structural Tests and Inspections: Structural tests and inspection shall be provided in accordance with 780 CMR 1705.0. 116.2.4 Tests and Inspections of non structural systems: Tests and inspections of non structural systems shall be performed in accordance with applicable engineering practice standards or referenced standards listed in Appendix A. 1163 Construction contractor services: The actual construction of the work shall be the responsibility of the general contractor as identified on the approved building permit and shall involve the following: 1. Execution of all work in accordance with the approved construction documents. 2. Execution and control of all methods of construction in a safe and satisfactory manner in accordance with all applicable local, state, and federal statutes and regulations. 3. Upon completion of the construction, he shall certify to the best of his knowledge and belief that such has been done in substantial accord with 780 CMR 116.3 items 1 and 2 and with all pertinent deviations specifically noted. 116.4 On site project representation: When applications for unusual designs or magnitude of construction are filed, or where reference standards require special architectural or engineering inspections, the building official may require full- time project representation by a registered architect or professional engineer in addition to that provided in 780 CMR 116 2.2. The project representative shall keep daily records and submit reports as may be required by the building official. Upon completion of the work, the registered architect or professional engineer shall file a final report indicating that the work has been performed in accordance with the approved plans and 780 CMR- 116.4.1 MR116.4.1 Building permit requirement: This on- site project representation requirement shall be determined prior to the issuance of the building permit and shall be a requisite for the permit issuance. Refusal by the applicant to provide such service as required by the building official shall result in the denial of the permit. However, the applicant may file an appeal as provided in 780 CMR 122.0. 2/20/98 (Effective 3/1/98) 780 CMR - Sixth Edition 25 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 114.3.1 Fee schedule: A fee for each plan examination, building permit and inspection shall be paid in accordance with the fee schedule as established by the municipality. 114.4 Accounting: The building official shall keep an accurate account of all fees collected; and such collected fees shall be deposited in the jurisdiction treasury in accordance with procedures established by the municipality, or otherwise disposed of as required by law. 780 CMR 115.0 INSPECTION 115.1 Preliminary inspection: Before issuing a permit, the building official shall, if deemed necessary, examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy thereof. 115.2 Required inspections: After issuing a building permit, the building official shall conduct inspections during construction at intervals sufficient to ensure compliance with the provisions of 780 CMR. The building official shall inform the applicant of the required points of inspection at the time of application. Upon completion of the work for which a permit has been issued, the building official shall conduct a final inspection pursuant to 780 CMR 115.5. A record of all such examinations and inspections and of all violations of 780 CMR shall be maintained by the building official. For buildings and structures subject to construction control, the owner shall provide for special inspections in accordance with 780 CMR 1705.0. In conjunction with specific construction projects, the building official may designate specific inspection points in the course of construction that require the contractor or builder to give the building official 24 hours notice prior to the time when those inspections need to be performed. The building official shall make the inspections within 48 hours after notification. 115.3 Approved inspection agencies: The building official may accept reports of approved inspection agencies provided such agencies satisfy the requirements as to qualifications and reliability. 115.4 Plant inspection: Where required by the provisions of 780 CMR or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication in accordance with 780 CMR 1703.3. 115.5 Final inspection: Upon completion of the building or structure, and before issuance of the certificate of occupancy required by 780 CMR 120.0, a final inspection shall be made. All variations of the approved construction documents and permit shall be noted and the holder of the permit shall be notified of the discrepancies. 115.6 General: In the discharge of his duties, the building official shall have the authority to enter at any reasonable hour any building, structure or premises in the municipality to enforce the provisions of 780 CMR. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation or premises where inspection authorized by 780 CMR is sought, the building official, or state inspector may seek, in a court of competent jurisdiction, a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and justification for it and may seek the assistance of police authorities in presenting said warrant. 115.7 Identification: The building official shall carry proper identification when inspecting structures or premises in the performance of duties under 780 CMR. 115.8 Jurisdictional cooperation: The assistance and cooperation of police, fire, and health departments and all other officials shall be available to the building official as required in the performance of his duties. 115.9 Coordination of inspections: Whenever in the enforcement of 780 CMR or another code or ordinance, the responsibility of more than one building official of the jurisdiction is involved, it shall be the duty of the building officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the building or structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the building official having jurisdiction. 780 CMR 116.0 REGISTERED ARCHITECTURAL AND PROFESSIONAL ENGINEERING SERVICES - CONSTRUCTION CONTROL 116.1 General: The provisions of 780 CMR 116.0 define the construction controls required for all buildings and structures needing registered architectural or registered professional engineering services, and delineate the responsibilities of such professional services together with those services that are the responsibility of the contractor during construction. 24 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97) TON, 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 780 CMR 109.0 APPROVAL 109.1 Approved materials and equipment: All materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 109.2 Used materials and equipment: Used materials, equipment and devices which meet the minimum requirements of 780 CMR for new materials, equipment and devices shall be permitted; however, the building official may require satisfactory proof that such materials, equipment and devices have been reconditioned, tested, and/or placed in good and proper working condition prior to approval. 109.3 Alternative materials and equipment: 109.3.1 General: The provisions of 780 CMR are not intended to limit the appropriate use or installation of materials, appliances, equipment or methods of design or construction not specifically prescribed by 780 CMR, provided that any such alternative has been approved. Alternative materials, appliances, equipment or methods of design or construction shall be approved when the building official is provided acceptable proof and has determined that said alternative is satisfactory and complies with the intent of the provisions of 780 CMR, and that said alternative is, for the purpose intended, at least the equivalent of that prescribed in 780 CMR in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with specific performance based provisions of 780 CMR, in lieu of a prescriptive requirement shall also be permitted as an alternate. 109.3.2 Evidence submitted: The building official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the proposed alternate. 109.3.3 Tests: Determination of acceptance shall be based on design or test methods or other such standards approved by the BBRS. In the alterative, where the BBRS has not provided specific approvals, the building official may accept, as supporting data to assist in this determination, duly authenticated engineering reports, formal reports from nationally acknowledged testing/ listing laboratories, reports from other accredited sources. The costs of all tests, reports and investigations required under these provisions shall be dome by the applicant. 109.3.4 Approval by the Construction Materials Safety Board: The building official may refer such matters to the Construction Materials Safety Board in accordance with 780 CMR 123.0 for approval. ADMINISTRATION 780 CMR 110A APPLICATION FOR PERMIT 110.1 Permit application: It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by 780 CMR without first filing a written application with the building official and obtaining the required permit therefor. 110.2 Temporary Structures: 110.2.1 General: A building permit shall be required for temporary structures, unless exempted by 780 CMR 110.3. Such permits shall be limited as to time of service, but such temporary construction shall not be permitted for more than one year. 110.2.2 Special approval: All temporary construction shall conform to the structural strength, fire safety, means of egress, light, ventilation, energy conservation and sanitary requirements of 780 CMR as necessary to insure the public health, safety and general welfare. 110.2.3 Termination of approval: The building official may terminate such special approval and order the demolition of any such construction at the discretion of the building official. 110.3 Exemptions: A building permit is not required for the following activities, such exemp- tion, however, shall not exempt the activity from any review or permit which may be required pursuant to other laws, by-laws, rules and regulations of other jurisdictions (e.g. zoning, conservation, etc.). 1. One story detached accessory buildings used as tool or storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences six feet in height or less. 3. Retaining walls which, in the opinion of the building official, are not a threat to the public safety health or welfare and which retain less than four feet of unbalanced fill. 4. Ordinary repairs as defined in 780 CMR 2. Ordinary repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam, column or other loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, mechanical system, fire protection system, energy conservation system or other work affecting public health or general safety. Note: Also see 780 CMR 903.1 (Exceptions 1. and 2.). 11/27/98. 780 CMR - Sixth Edition 19 i 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE NON -TEXT PAGE 18.2 780 CMR - Sixth Edition 11/27/98 780 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. 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 CMR 111.0 PERMITS 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. 11/27/98 780 CMR - Sixth Edition 21 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 5. Greenhouses: A building permit or notice to the building official is not required for the con- struction of greenhouses covered exclusively with plastic film (in accordance with St. 1983, c. 671). (This exemption does not apply if the greenhouse is to be used for large assemblies of people or us- es other than normally expected for this purpose.) 110.4 Form of application: The application for a permit shall be submitted in such form as determined by the building official but in all cases shall contain, as a minimum, the information required on the appropriate sample uniform building permit application forms in Appendix B. The application for a permit shall be accompanied by the required fee as prescribed in 780 CMR 114.0 and the construction documents as required in 780 CMR 110.7 and 110.8, where applicable and as required by other sections of 780 CMR. 110.5 By whom application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either. If application is made other than by the owner, the written authorization of the owner shall accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner's authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Note: It shall be the responsibility of the registered contractor to obtain all permits neces- sary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A. Refer to 780 CMR R6 and M.G.L. c. 142A for additional information regarding the Home Improvement Contractor Registration Program. minor nature. When the quality of the materials is essential for conformity to 780 CMR, specific information shall be given to establish such quality, and 780 CMR shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information. 110.6 The securing of a building permit by the owner, or the owner's authorized agent, to construct, reconstruct, alter, repair, demolish, remove, install equipment or change the use or occupancy of a building or structure, shall not be construed to relieve or otherwise limit the duties and responsibil- ities of the licensed, registered or certified individual or firm under the rules and regulations governing the issuance of such license registration or certification. 110.7 Construction documents: The application fo permit shall be accompanied by not less than three sets of construction documents. The building official is permitted to waive, or modify the requirements for filing construction documents when the building official determines that the scope of the work is of 110.8 Engineering Details, Reports, Calculations, Plans and Specifications: In the application for a permit for buildings and structures subject to con- struction control in 780 CMR 116.0, the construc- tion documents shall contain sufficient plans and de- tails to fully describe the work intended, including, but not limited to all details sufficient to describe the structural, fire protection, fire alarm, mechanical, light and ventilation, energy conservation, architec- tural access and egress systems. The building official may require such calculations, descriptions narra- tives and reports deemed necessary to fully describe the basis of design for each system regulated by 780 CMR. In accordance with the provisions of M.G.L. c. 143, § 54A all plans and specifications shall bear the original seal and original signature of a Massachusetts registered professional engineer or registered architect responsible for the design, except as provided in M.G.L. c. 143, § 54A and any profession or trade as provided in M.G.L. c. 112, § 60L and M.G.L. c. 112, § 81R. When such application for permit must comply with the provisions of 780 CMR 4 or 780 CMR 9 or 780 CMR 34, the building official shall cause one set of construction documents filed pursuant to 780 CMR 110.7 to be transmitted simultaneously to the head of the local fire department for his file, review and approval of the items specified in 780 CMR 903.0 as they relate to the applicable sections of 780 CMR 4, 780 CMR 9 or 780 CMR 34. The head of the local fire department shall within ten working days from the date of receipt by him, approve or disapprove such construction documents. If the head of the local fire department disapproves such construction documents, he or she shall do so, in writing citing the relevant sections of noncompliance with 780 CMR or the sections of the referenced standards of Appendix A. Upon the request of the head of the local fire department, the building official may grant one or more extensions of time for such review provided, however, that the total review by said head of the local fire department shall not exceed 30 Calendar days. If such approval, disapproval or request for extension of time isnot received by the building official within said ten working days, the building official may deem the construction documents to be in full compliance with the applicable sections of 780 CMR 4,_780 CMR 9 r or 780 CMR 34 and, therefore approved by the head of the local fire department. 110.9 Existing Buildings: The application for a building permit to reconstruct, alter or change the use or occupancy of existing buildings or structures 20 780 CMR - Sixth Edition 11/27/98 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION TABLE 106 REQUIRED MINIMUM INSPECTIONS AND CERTIFICATIONS FOR SPECIFIED USE GROUPS (See Chanters 3 and 4 fnr rmmnletP rlPcrr;nt; ,. a __ 2/24/06 (Effective 8/26/05) 780 CMR - Sixth Edition 16.1 Use Group Use GroupMinimum Use Group Description Maximum Certification Fees for Maximum Certification Inspections Period Period A-1 Assembly - Theaters With stage and scenery Semi- Annual One Year $75 over 400 capacity Movie Theater Semi- Annual One Year $75 A-1 Assembly -Theaters With stage and scenery Annual 75n. Year $40 . 400 or less capacity Movie Theater Annual One Year $40 A-2 Assembly - Night Clubs Over 400 capacity Semi Annual One Year $75 or similar uses 400 or less capacity Annual One Year $40 Lecture Over 400 capacity Semi Annual One Year note a A-3 JAssembly Halls, recreation centers, 400 or less capacity Annual One Year $40 terminals, etc. A-4 Assembly Churches, low density, recreation Prior to issuance of Five Years $40 & similar uses each new certificate A-5 Assembly Stadiums, bleachers, places of Prior to issuance of One Year note b outdoor assembly each new certificate' Special Amusement Special Amusement Buildings or Annually prior to One Year As established by „A„ Buildings or portions 1(780 portions thereof issuance of a new the city or town in thereof (780 CMR 413.7) certification accordance with CMR 413.0) 780 CMR 106.5 E Educational Educational Prior to issuance of One Year $40 each new certificate E Day Care Child day care centers Prior to issuance of One Year $40 (see Chapter 4) each new certificate Institutional Incapacitated - hospitals, nursing Prior to issuance of Two Years note d 1-2 homes, mental hospitals, certain each new certificate day cart facilities (see Chapter 4) I-3 Institutional lu'tieilaull Restrained - prisons, jails, Prioi to issuance of Twp Y!:zir.g ncte r. - ccuiers, etc. each new cei 01cate R I Residential Hotels, motels, lodging houses, Prior to issuance of One Year note e dormitories, etc. (note g) each new certificate R-2 Residential Multi family (note g) Prior to issuance of Five Years note f each new certificate R I Residential Special Detoxification facilities Prior to issuance of Two Years $75 Occupancy (see Chapter 4) each new certificate R-2 Residential Special Summer camps for children Annual One Year .note h Occupancy (see chapter 4) R-3 or Residential Special Group Residence Annual One Year note h R-4 Occupancy (see Chapter 4) R-5 Residential Special Limited Group Residence Annual One Year note h Occupancy (see Chapter 4) 2/24/06 (Effective 8/26/05) 780 CMR - Sixth Edition 16.1 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS. STATE BUILDING CODE 106.3 Notices and orders: The building official shall issue all necessary notices or orders to ensure compliance with 780 CMR. 106.4 Inspections: The building official shall make such inspections as deemed necessary to ensure compliance with 780 CMR, or the building official may accept reports of inspection by qualified agen- cies or individuals, which reports shall be in writing and be certified by a responsible officer of such agency or, by the responsible individual. 106.5 Inspection and certification of specified use groups: The building official shall periodically inspect and certify buildings and structures or parts thereof in accordance with Table 106. A building or structure shall not be occupied or continue to be occupied without the posting of a valid certificate of inspection where required by Table 106. A certificate of inspection as herein specified shall not be issued until an inspection is made certifying that the building or structure or parts thereof complies with all the applicable requirements of 780 CMR, and until the fee is paid as specified in Table 106. Municipalities may increase or waive only in their entirety for any specific use group the fees as specified in said Table 106. Exception: Municipalities may revise or modify, or waive in part those fees for buildings and vructures or parts thereof ov.aec by the municipality, county or political subdivision thereof and for buildings and structures or parts thereof used solely for religious purposes. 106.5.1 Annual inspection of any premise licensed by the Alcohol Beverage Control Commission - ABCC (per M.G.L. c. 10, § 74): Any premise, licensed by the ABCC and from which alcoholic beverages are sold and are consumed on the premises, is required to be inspected annually and said annual certificate of inspection is to be signed by the Building Official and by the Head of the Fire Department. 106.5.1.1 Issuance of a temporary certificate of inspection of any premise licensed by the Alcohol Beverage Control Commission - ABCC (per M.G.L. c. 10, § 74): For premises described in 780 CMR 106.5.1, a building official may issue a temporary certificate of inspection, signed by the head of the fire department; such temporary certificate of inspection shall be identified as effective to a date certain. 106.5.1.1.2 Appeal of the failure to issue an annual certificate of inspection of any premises licensed by the Alcohol Beverage Control Commission - ABCC (per M.G.L. c. 10, § 74): Failure by the building official to issue an annual certificate of inspection, signed by the head of the fire department, may be appealed in accordance with the'requirettients of 780 CMR 122.0. 16 780 CMR - Sixth Edition 2/24/06 (Effective 8/26/05) Donald Ouellete Engineering Inc. March 31, 2007 Town of North Andover Building Department Building Inspector Dear Sir. Don Ouellette 70 Meadow Road Townsend MA. 01469 The purpose of this letter is to let you know that I inspected the foundation work at 115 Windkist on March 24, 2007. The sal at this site is a very dense glacial till. It does have a high percentage of day. This soil is suitable for installing a footing and fourkLe :n. I had the owner dig two4est pits along the foundation and herc ere my observations: 1. The sal isa dense till. It was saturated but no standing water. 2. It is located on the top of slope should allow for adequate drainage 3. The footing is two feet wide and one foot thick The wall is eight inches thick 4. There was at lease 6" of stone placed around and under the footing. 5. The footing was installed in November 2006. It has gone though a winter with no structural failures. I found only a couple of minor hairline cracks. 6. The depth of the footing is 46°. The o w will be adding a couple of inches of gravel or pavement, which will add to this depth. This is one of best foundations that I have seen. The soils are not great but are adequate. The depth of the foundation footing is good, and the construction is very conservative, I strongly recommend that this foundation be approved. If you have any questions please call me at 978 597 5527. Sincerely, Donald Ouellette P.E. DONALD L OUELL q?E N0. 42144 lection IA. r arming, agriculture, tarmer; definitions. Page 1 of 1 R Display Reference Line Massachusetts General Laws CHAPTER 128. AGRICULTURE. Section 1A. Farming, aariculture. farmer: definitions. Section IA. Farming, agriculture, farmer; _definitions. _ Section IA. "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur -bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or fanning as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to sto.-age or to market or to carriers for transportation to market. DEPARTMENT AND COMMISSIONER. http://socialaw.gvpi.net/sll/lpext.dll/sll/mgl/mgt-0049077/mgl-0049081 ?f=templates&fn=do... 1/3/2007 a b« - 4 4t+S ! W,((�'''V�no jI{ 4�, '`Ima{,s: fv`ass a4. S FN. a s fR �, VVIT)dkist Equestrian center b« - 4 4t+S ! W,((�'''V�no jI{ 4�, '`Ima{,s: fv`ass t k FN. a fR v t g r f � ♦ ? µ- yL� A ha " } 2 PAY 9r �s �it7pRLi0EE4�E !(�'c3R Cf I �s. W,((�'''V�no jI{ 4�, '`Ima{,s: fv`ass I � FN. a fR v t g ♦ ? µ- 9F 3{' yr 2 PAY �S . t r W,((�'''V�no jI{ 4�, '`Ima{,s: fv`ass I � fR v t g ♦ ? µ- 9F 3{' yr 2 PAY �S . t W,((�'''V�no jI{ 4�, '`Ima{,s: fv`ass a.."ohtr c tt e<<_I r rr'a' rt .c lis ECEA, THOMAS J. UR13ELIS e-mail tju@uf-law.com Zoning Board of Appeals North Andover Town Offices 1600 Osgood Street North Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 March 23, 2007 RE: WINDKIST EQUESTRIAN CENTRE, INC. Dear Members: Andover Telephone 978-475-4552 Windkist Equestrian Centre, Inc. has filed an appeal of the Building Inspector's denial of a building permit for an indoor riding facility. In a letter dated March 12, 2007, Patricia A. Lambert, Esq. references actions of the Building Inspector under the state building code and actions of the Fire Chief under G.L. ch. 148, Section 26G. The Applicant must appeal to the State Building Code Appeals Board The Applicant asserts that the Building Inspector has misinterpreted the State Building C:,d%. With regard to .issues involving the SMC BUliuln Ccue, G.L. ch. 143, '100 provides in part: There shall be in the department of public safety a building code appeals board, hereinafter called the appeals board, to consist of the board established under the provisions of section ninety-three. Whoever is aggrieved by an interpretation, order, requirement, direction or failure O to act by .any state or local agency or any person or state or local agency charged w>T e administration or enforcement of the state building code or any of its 151\work\n-andove\corresp\zoning RECEIVEMAR 2 6100board.Itr - windkist.doc BOARD OF APPEALS MAR 26 2007 n77 -r URBELIS & FIELDSTEEL, LLP March 23, 2007 Page 2 rules and regulations, except any specialized codes as described in section ninety six, may within forty-five days after the service of notice thereof appeal from such interpretation, order, requirement, direction, or failure to act to the appeals board. Appeals hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee as said appeals board may determine. Thus, it is clear that the Applicant has not exhausted administrative remedies relating to the State Building Code which are mandated by the foregoing statute, and those remedies are not related to zoning issues under your jurisdiction. The Applicant has appealed to the Automatic Sprinkler Appeals Board. The Applicant alleges that the Fire Chief has improperly required a sprinkler system under the provisions of G.L. ch. 148, §26G. However, that law provides in part: The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six. Attached hereto is a letter dated March 13, 2007 from Patricia Lambert, Esq. to the Fire Chief. Thus, the Applicant has appealed to the Automatic Sprinkler Appeals Board and those issues are not related to zoning issues under your jurisdiction. Conclusion Therefore, the foregoing issues which the Applicant is appealing to the Zoning Board of Appeals have nothing to do with zoning, and the Applicant has statutory appeal remedies to State boards to address the issues relating to the Building Code and sprinkler systems. URBELIS & FIELDSTEEL, LLP March 23, 2007 Page 3 TJU/kmp cc: Curt Bellavance Gerald Brown Very truly yours, l Thomas J. rbelis d Patricia A. Lambert, Esq. 115 Windkist Farm Road North Andover, MA 01845 Tel: (978) 682-3757 Fax: (978) 682-3758 lambert(a�windkistfarm com William V. Dolan, Fire Chief March 13, 2007 Town of North Andover Fire Department 124 Main Street North Andover, MA 01845 RE: Windkist Farm Town of North Andover Dear Mr. Dolan: Enclosed please find a copy of the application and supporting documents fora meal to the Automatic Sprinkler Appeals Board.Y PP Thank you for your attention in this matter Very y ;yours, Patricia A. Lambert p�CM5wI MAK 2 6 2007 D BOARD OF APPEALS TRANSMISSION VERIFICATION REPORT TIME 03/20/2007 15:15 NAME HEALTH FAX 9786888476 TEL : 9786888476 SER.# 0004J126960 DATE DIME 03120 15:10 FAX NO./NAME 89786823758 DURATION 00:04:49 PAGE(S) 15 RESULT OK MODE STANDARD ECM ZONING BOARD Of APPEALS Community Development Division FAX TRA.NSN MON TO:A xka A. Lambert, Esa. FAX NUMBER: 97, 3 5$ FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Building 20, Suite 2-36 FAX: 978-68$-9542 PRONE: 97$-6$5-9541 Cover & Pages: 5 Bate: _ .. 3520-G7 Subject: 11.5 Windlast FO,„ Road V [� S: l , Meeting Schedule — 2007 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: A. X ❑ Agent ❑ Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. SeType Zied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7004 2510 OOD1 6602 2794 (Transfer from service labeQ PS Form 3811, February 2004 Domestic Return Receipt 102595 -o2 -M-1540 UNITED STATES Po EftAtqF—k` -ES& MA 018 r • Sender: Please print your name, address, and ZIP+4 in this box • NORTH ANDOVER HEALTH DEPT. 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 » » .. i�111!l3l�ifil11li!?7!itifffllt�l3ttiillltli�tl�iltftilltlil! r-�.. ` C,rnEAVED CC f- r R�CEIV�'a rt Es Tc,.'.. Patricia A. Lambert. q• � 2 0 NO 115 Windkist Farm Road 2001 MAR 15 A�� 8� 9C), s, Andover, MA TuiLD, ,'�; TNG�T e North A 01845 Z G� Tel: (978) 682-3757 nlambertCa�windkistfarm.comt,tsaA) Fax: (978) 682-3758 March 12 2007 VAR � s Town Clerk OFc10E Ot TOWN �,ANAGER Town of North Andover - : lr VLkA North Andover, MA 01845 Application for building perm RE: App it A ,� Windkist Farm Dear Sir/Madam: Please be advised that an appeal is hereby taken from the undated decision of the Inspector of Buildings with regard to the above application, a copy of which decision is attached hereto for the following reasons:. 1. The action taken by the Inspector of achusettBuFor Items 1 and 2in � see 780 CMR 116 1. on of the laws of the Commonwealth of Mass 2. The action taken by the Inspector of Buildings is outside his authority and retaliatory toward the applicant in that it denies the permit based upon board of health issues when the Board of Health indicated that it had no objection to the granting of the permit. The denial is based upon a failure of the applicant to have a camp permit filing for which is not required until May. See also Memo of Board of Health indicating no issues with granting a permit. 3. The position taken by the Building tts F See GTL. Ch. ire Chef are l 8e Section 26G rogation of the laws of the Commonwealth of Massachuse and letter from the Department of Agriculture. Further the decision of the Building Inspector exceeds the requirements of the Fire Chief and therefore exceeds his authority and is retaliatory to the applicant. 5 PAL:m Encs. Very truly yours, Patricia A. Lambert me BUILDING DEPARTMENT (ommunity Development Division MEMORANDUM Patricia Lambert 125 WV'atdkW Fawn Road North Andover, MA 01845 Ria: BtJt1.om Ptatm f FoR INwm RWM ARMA Oear W Lambert:. Your appllaation for a building pwi* so eon tract as %321 sgmm dont bdoor*ddlaa faellily Is denied an aha fallawlnd r mtdc 1. Yam heart; not nbml=d a report dram a zwuC uW ettsa,toelr as reguIrod by the State ww" Code. lice 780 CMR 116.0. _ Z You haw trot std w tt d a SOOtD W=l report Brom a Itae wd wStriew is seder to addrm the ftodatim mW soil condhtord in whio6111e 0tlmdRliatt wass-mcco4m rogt and by dw Stege BWWwS Code. Sea 780 CMR 116.0. I Yoe do not hate t o rre0uh Wtif cadan for a nomw cam Ibr ahiklrea as m*drW by Table 106 of780 CMR I #- The North Amknw Fire Chief hu demmitted tier the s 8MV is mgtdm* to have sprinklem and a fire drrtection and alarat nodfleada system to nedfy oceupantl of a 1101 In, the muckm You nW appeal my determination as M the WON Code to doe Sesta Buildheg Code Appeals Board (see Q.L. oh. I43.193 and f 100). Ow AcMmrton Place, RAorn 1301. Boston. MA 0210L You m roe required to filo for a she plan special park under Section, U.2(a) of the Norb Andover Zoning Bylaw. very truly yam, ,p Gerald Brown. inspector of Buildings cc: Curt Bellavance Mark Real Attorney Thomas Urbelis IbW Ospd Strta. Nall An4wer. SAINC NNdi 11111 /leu 911AMS45 rel 01.61L9S42 Nie �vr�.t�r+drt►mb+�r.c� search - 1 Kesult - 116.1 General: Page 1 of 1 Source: Massachusetts > Statutes & Regulations > MA - Code of Massachusetts Regulations TOC: Code of Massachusetts Regulations > / ... / > 780 CMR 116.0 REGISTERED ARCHITECTURAL AND PROFESSIONAL ENGINEERING SERVICES - CONSTRUCTION CONTROL > 116.1 General: 780 CMR 116.1 CODE OF MASSACHUSETTS REGULATIONS *** THIS DOCUMENT REFLECTS ALL REGULATIONS IN EFFECT AS OF DEC. 15, 2006 *** TITLE 780: BOARD OF BUILDING REGULATIONS AND STANDARDS CHAPTER 1: ADMINISTRATION 780 CMR 116.0 REGISTERED ARCHITECTURAL AND PROFESSIONAL ENGINEERING SERVICES - CONSTRUCTION CONTROL 780 CMR 116.1 (2006) 116.1 General: The provisions of 780 CMR 116.0 define the construction controls required for all buildings and structures needing registered architectural or registered professional engineering services, and delineate the responsibilities of such professional services together with those services that are the responsibility of the contractor during construction. The following structures are exempt from the requirements of 780 CMR 116.0; 1. Any building containing less than 35,000 cubic feet of enclosed space, measured to the exterior surfaces of walls and roofs and to the top of a ground supported floor, or in the case of a crawl space, to the bottom surface of the crawl space. In the case of basement floors or levels, the calculation of enclosed space shall include such spaces. 2. Any single or two family dwelling or any accessory building thereto; 3. Any building used exclusively for farm purposes (this exemption does not apply if the building is to be used for large assemblies of people or uses other than farm purposes); and 4. Retaining walls less than ten feet in height at all points along the wall as measured from the base of the footing to the top of the wall. Notwithstanding the exemptions above, professional engineering services shall be required for activities which are deemed to constitute the practice of engineering as defined in M.G.L. c._112, §_81D, except as provided in M.G.L. c. 54A and any legally required profession or as provided in M.G.L._ c. 112, §. 8111. Source: Massachusetts > Statutes & Regulations > MA - Code of Massachusetts Regulations TOC: Code of -Massachusetts Regulations > / ... / > 780 CMR 116.0 REGISTERED ARCHITECTURAL AND PROFESSIONAL ENGINEERING SERVICES - CONSTRUCTION CONTROL > 116.1 General: View: Full Date/Time: Thursday, December 28, 2006 - 4:26 PM EST About LexisNexis I Terms & Conditions to Lf'XISNeXIS Copyright © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. k\ COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning toning MEMORANDUM TO: Gerald A .,Frown, Inspector of Buildings FROM: Curt Beliavance, Director --� RE: INindldst Farm — Building permit Application DATE: January 24, 2007 The applicanthas submitted a building permit application fbr r ng facility at Windidst Farm. Per your request I h� yam on°f W Puts so that the applicant will have a full ulrtderstandl ng by our office, as well as what zoning requirements the of we is required mon. applicant will need to address prior to he Mlion agndsecond criteria was �� ted into two areas, the first is for the wn� building completed at this property too ensu faassemrm �cmpl��� I�that nd to io be lWOd4 regulatlam a. Application requirements. Town Counsel has stated that we can reason Includprocedures (aftces requiring that the applkant follow the Site Pialn Review ate a newmal dural structure, which ). The Site Plan Review application Is the first step and must be copermmpleted or to issuing a building permit a. Application requirements. The application is for the construction of an 8300 SF bam/indoor riding Wilty. In with the Zoning Bylaw, Section 8.3.2(a), Permit are: developments that require as Site Plan Review accordance special "any new build/ng or caWftjc&0n , whish conta/nts more than t;w thousand (?• WO) S4vjre ftt ofgross goorarm ..arre�v/ts in bhe (S) ormare new/yona/p�anFing spiac� IV re+4u/rement of/fre The applicant will need to file for a Site Plan Review special permit through on attached), the Planning Board (application 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9531 Fax 918.688.9542 Web www.tcwnofnorth(indover.com n b. No additional items identifted. BUILDING DIPARTMIE a. Application requirements. After review of the application, the Building Department requires additional documentation to support the application. The following information Is needed, based on CMR 780, in G. der for the Town to Issue a building permit for the construction of the bam/indoor riding facility: CONTROL CONSTRUCTION AFFIDAVIT from a licensed engineer GEOTECHINICAL REPORT from a licensed engineer can order to address the foundation and soil conditions in which the foundation was erected) The applicant will need to file with the Planning Board for a Site Plan Reviewspecial Prior to the issuance of a building permit. permit b. Additional items klent(fted. Camps The web page lists that summer camps are available. A certiftcate of inspection is required as stated in 780 CMR Table 106 to operate summer camps. Iran would Indude, but not limited to, restroorn facilities. a, Application requir+ernenft The Health Department has no issues regarding the construction of the indoor riding ring at 125 Wtrtldk(st Farm Road as it 1s shown on the plane provkied. According to these plans dwre is no Public water or public rest room fadlitY provided to this fadlity. As shown there is no public health Issue. b. Additional Ibems are identified below. The Health Department has other a "wns regarding the �/aParhment units and whether public restmoms are available for shxWft attending classes and/or training: Gft d WaterDDtea*9v Upon inspection at the barn at Wlndldst Farm, Health Department personnel noted that tilers was evidence of a recentdy excavated area in the front of the tam. The that a new pipe and observation indicated confirmed that he � � leaching tank might have been installed. The Building kq)e� conf Ir ed to size of a P observed a large rectangle hole and had surmised it was the water discharges. eptic ink. DEP reguladans r�equlre permits for;A.:nt source ground Records show no Indication of a property installed septic system for this buildi ng CMR 310). According to the state codes, the owner shall provide, for each dwelling, 410.300, drainage system connected to the Public sewerage system provided that is ng' a sanitary distance or ground conditions, connection to a public sews , because of owner shall provide, and shall maintain in a sanitary condition, a m ansI t p�cable, the which Is in compliance with 3120 CMR 15.000 Subsurface Disposalsewage disposal of Sanitary Sewage Please note that the Health Department had received and reviewed a subsurface disposal plan for a proposed septic system in December of 2005. A letter of disapproval was sent to the 1600 Osgood Street, North Andover, Mossochusetts 01845 Phone 918.688.9531 Fox 918.688.9542 Web www.fownofnorthandover.com Property owner, Patricia Lambert and New England Engineering on January 18, 2006. No further correspondence has been received since then. (see attached letter). To address the issues and concerns regarding ground water discharge and the septic system, the owner must hire a MA and N. Andover licensed Tide V septic inspector to conduct and inspection of the entire site and submit the inspection report The inspector must identify all Pipes from the facility that are used for transporting water into the ground. a ue identifted corrections or proper Permitting must be pursued as required by MA laws and regulations. A proper order letter will be fiortiuoming to the property owner. camps The web page lists that summer camps are available. A license to operate is needed to conduct summer camps. In order to meet local and State regulations a completed appikation is due on May 1, 2007. The State regulation 105 CMR 430. a. Application requirements. Regarding the proposed bam/riding facify, the structure must have a fire tm installed under the provisions of Mass. Gen Law Chapter 148 Section 26 G (at ach�� There should also be a fire detection and alarm notification system installed to notify of a firrr in the strtxture. These provisions would be found in 780 CMR Article 9:00 - the State Buik�ng Code. b. Add tiwW corx ms are identified below. faand reg"�� OMM Antctures. The Flee Department basin its on Regulations outlined in the State Fire Prevention Code 527 CMR. Y IMMUIN TION DEP RTM jM a. Applkation requkement L Rqartiln9 the Proposed barn/riding fadffty, no permits are required from the Conservation Commission. Aerial maps indkate that wetland resource areas are greater than 1from the proposed work. Therefore, the Conservation Commisslon does not �hrri� tion. b- Additional concerns are identified below. The Conservation Department has had record of several complaints of the large of the rear of the property. In one documented indder4 this fin was amount gra fill to ed observed to down gradlent towards the Andover Sportsmen's Club causinghave m too gradient resource areas. The applicant.should contact Depart the a ,possibly Impacting down Property to ensure that materials from the site do not par6 Hent so staff can walk rite may Oft gradient from the P� an erosion threat to resources that the conservation property. Although the condition of the site may be good, department would like to have follow-up documentation fbr their files. Our office will be available to discuss oris at your convenience. C: Uncoln Daley, Town Planner Millam Dolan, Fire Chief Alison May, Conservation Administrator Susan Sawyer, Publk Health Director 4 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 fox 978.688.9541 Web www.townoinarthandaver.com Pearen - I xesuit - g 20(j. Automatic Sprinkler Systems; Required Installation; Exception... Page 1 of 3 Source: Massachusetts > Statutes & Regulations > MA - Annotated Laws of Massachusetts TOC: Annotated Laws of Massachusetts > Chapter 148 Fire Prevention > § 26G. Automatic Sprinkler Systems; Required Installation; Exceptions; Alternative Fire Suppressant Systems; Appeal within 45 Days of Notice to Automatic Sprinklers Appeals Boar ALM GL ch. 148, § 26G ANNOTATED LAWS OF MASSACHUSETTS © 2007 Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. *** CURRENT THROUGH ACT 18 OF THE 2007 LEGISLATIVE SESSION *** PART I ADMINISTRATION OF THE GOVERNMENT TITLE XX PUBLIC SAFETY AND GOOD ORDER Chapter 148 Fire Prevention ♦ GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY ALM GL ch. 148, § 26G (2007) § 26G. Automatic Sprinkler Systems; Required Installation; Exceptions; Alternative Fire Suppressant Systems; Appeal within 4S Days of Notice to Automatic Sprinklers Appeals Board. In any city or town which accepts the provisions of this section, every building of more than seventy-five hundred gross square feet in floor area or every addition of more than seventy- five hundred gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code; provided, however, that in the case of said addition, such an adequate system of automatic.. sprinklers shall be installed in said addition only. No such sprinkler system shall be required unless sufficient water and water pressure exists. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub -basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. In any city or town which accepts the provisions of this section, every building of more than seventy-five hundred gross square feet in floor area or every addition of more than seventy- five hundred gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code; provided, however, that in the case of said addition, such an adequate system of automatic sprinklers shall be installed in said addition only. No such sprinkler system shall be required unless sufficient water and water pressure exists. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub -basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. This section shall not apply to buildings used for agricultural purposes as defined in section one A of chapter one hundred and twenty-eight. In such buildings or additions, or in certain areas of such buildings or additions, where the discharge of water would be an actual danger in the event of fire, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building when such rooms or areas are protected with an automatic fire alarm search - 1 Result - $ 26Q. Automatic Sprinkler Systems; Required Installation; Exception... Page 2 of 3 system. Sprinkler systems shall not be required in a one story building having a fire resistance rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fire alarm system. Sprinkler systems shall not be required in open-air parking structures, defined as: buildings, structures, or portions thereof, used for parking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each level, utilizing at least two sides of the structure. This section shall not apply to buildings or additions used for residential purposes. The head of the fire department shall enforce the provisions of this section Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six. HISTORY: 1982, 545, § 1; 1986, 284, § 1; 1986, 526; 1989, 416, § 2; ♦ 1994, 256. NOTES: Editorial Note Section 2 of the inserting act provides as follows: Section 2. This act shall apply to construction of buildings or additions or major alterations commenced after July first, nineteen hundred and eighty-three. The first 1986 amendment, (Ch. 284), rewrote the first sentence of the first paragraph, deleting "every building or addition of more than seven thousand five hundred gross square feet in floor area", inserting in its place "every building of more than seventy-five hundred gross square feet in floor area or every addition of more than seventy-five hundred gross square feet in floor area", and adding the proviso with respect to an adequate system of automatic sprinklers for additions only. The second 1986 amendment, (Ch. 526), inserted a sentence after the third sentence in the second paragraph, exempting open-air parking structures from the requirement of sprinkler systems. The 1989 amendment added the fourth paragraph providing that anyone dissatisfied with the department head's interpretation of enforcing the provisions of this section has 45 days following service of notice, to appeal to the automatic sprinkler appeals board. The 1994 amendment, effective March 29, 1995, in the first paragraph, inserted the last sentence providing an exception for buildings used for agricultural purposes. Jurisprudence 5 Am Jur Proof of Facts 3d 383, Negligent Failure to Install or Maintain Smoke Alarm or Sprinkler System. CASE NOTES GL c 148 § 26G is not unconstitutionally vague. Chief of Fire Dep't v Wibley (1987) 24 Mass �cai�i, - tce5uu - g /-OU. Autuuiauc 6pr>nmer systems; xequtrect installation; txceptlon... Fage 3 of 3 App 912, 507 NE2d 256, review den (1987) 400 Mass 1101, 508 NEM 620. Term "unless sufficient water and water pressure exist" means that owner of building or addition to which statute applies must have access to source of water sufficient to operate adequate system of sprinklers, or else exemption applies. Chief_of Fire Dep't v Wibley. 01987) 24 Mass App 912, 507 NE2d 256, review den (1987). 40.0 Mass. 1101, 508 NE2d 620. Source of water for sprinkler system must be on land on which new buildings or addition are constructed or off land and legally available to owner. Chief.of_Fire Dep't.v.Wibley. (198n.24 Mass. App_ 912, 507 NE2d 256, review den (1987)_ 400. Mass_ 1.101 508 NE2d .620. Word "alteration" is defined differently depending on context. Congregation_. Beth_Sholom & Community Center, Inc. v Building Comm'r of_.Framingham_(1989) 27_ Mass App 276, 537 NE2d_605, review den (1989) 405.Mass_1202, 542 NE2d. 601. Automatic sprinkler requirement applicable to relatively targe nonresidential buildings is fire safety measure. Congregat on -Beth Sholom&_CommunitW_Center, Inc. _-Building_Comm'r of Framingham (1989) 27 Mass Amp 276, 537_NE20605 review den (1989)405_Mass 1202, 542 NE2d 601. "Major alterations" includes any work, not repairs, which is major in scope or expenditure, and which results in changes affecting substantial portion of building. Congregation Beth Sholom& Community Center`Inc. v BuildingComm'r of Framingham (1989) 27 Mass App 276 537 —6 review den (1989 405 Mass 1202, 542 NE2d 601. Renovation work to substantial portion of building costing $550,000, including installation of new ceilings, floors and walls, relocation of air conditioning ducts and stairway, and extension of building to add 210 square feet of space constituted "major alteration," requiring installation of automatic sprinklers. Congregation Beth Sholom & Community Center, Inc. v Building Comm'r of Framingham 1989 27_Mass App 276, 537 NE2d 605, review den 1989 405 cHass 1202,_542_NE2d 601. Requirement that automatic sprinklers be installed if "major a'teration" to building is done 'is not unconstitutionally vague. Congregation Beth Sholom & Community Center, Inc. v Building Comm'r of Framingham 1989 27 Mass Ap�276,537 NE2d 605, review den _ 19891405 Mass 1202.542. NE2d 601_. Installation of automatic sprinklers in building undergoing "major alteration" could be required even though failure to do so subjects owner to criminal prosecution. Conkre a� tion Beth Sholom&_Community Center,. Inc._ v_Buiid_ing Comm'r of Framingham (1989) 27 Mass App 276,_537 NE2d _605., review den (19891405 Mass.1202,_ 542 NE2d 601. Source: Massachusetts > Statutes _& Regulations > MA - Annotated Laws of Massachusetts TOC: Annotated Laws of Massachusetts > Chapter, 148. Fire Prevention > § 26G. Automatic Sprinkler Systems; Required Installation; Exceptions; Alternative Fire Suppressant Systems; Appeal within 45 Days of Notice to Automatic Sprinklers Appeals Boar View: Full Datefrime: Monday, March 12, 2007 - 3:58 PM EDT About LexisNexis I Terms & Conditions LexisNexis Copyright © 2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. DEVAL L PATRICK C Ielms TDdOM HURRAY ueatwmt (ie MM= Februarg 26, 2007 THEEA COMMONWLTH OF MAsSACHUSES Mass$chusetts EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRSHT Department of Agricultural Resources 251 Causeway Stied, Suite 500, Boston, MA 02114 gDeparbnent of 617-626-1700 fax 617-626-1$50 www.Maas.gov/AGR Agticultaral ReSdUm" Ms. Psstricia Lambert w adds Eque*in Centre bac. 125 WWdldst Farm Road North .Avdaver, M,A, 01845 Dow Ms Lambert IAN BOWLES S=VZW7' SCOTT.): SOARES Actb3g C=Mft%k mar X M respon ft to yotar tem al of Wednes *, Febcuaaty 21, 2007 ooraMning the town's req*ement to rove sp 'Mom in year proposed riding mom Bstead an do Mg. L Laws Chapdns 148, Section 26G WA akVt8r 128, ge- 6 1& Om WvWs went is not spp vpclata MG. L, Chapft 144.3, Section 26 G up: CR46= 1A FM PMEMOIN etIf& Sacdm 26aor' tr Seedm 26G. Lt any clry or town which accepts the ,prmdsiorrs of this sectlog #vers' bulMw of more thane wroo-jive h m&vdgrosa Mum feet ijkw ama or every addh' m of'tea than sewnty-,Ae hu►nak ed Brass square feat fn, floor mea shall be protected droushaW with an and q"o system of 4umma de sp*kfin in a #mrd om with the provlskra of the stere bwflaW coda; pru►W*4 fmwe w, iitat in the case ofsald addltiM such an adequarte rymm of automatic sprbWers sha17 be buA7)kd bo said addbion only. Na such s, prb& Ker system shall be requfned Wen srodo t water' and water pressure exp For pwposps of this section the grana Mswe feet of a building or addition shall to hak the sum total of the .floor areas for aftfloor ioor levels, ba rements and sub-basement4 measured from otrtslde walls: irrespective of the existence of tntertor, fire roW im walls, floors arid ceilings. 2Ti1s sec don shall xW qF& to bsefl ep dtsed for agricrrltrral popmes as de, jived in section one of chq&r one kandred and tWtetyLd9kL lot such butld/ngs or additions, or in certain areas of such buildings or additions, where the discharge of water would be an actual danger in the event office, the head of the}lre deparrtment shall permit the installsstfon of such other, fire suppressant systems as are prescribed by the state building code in lieu of autvrnanc sprinklers Ataom+aiic stgrpressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building when such morns or areas are protected with an automatic fire alarm system. Sprinkler systems shall not be required in a one story building having afire resistance rating as prescribed in the state building code that is used solely for offrees provided the building, is protected by an automatic, fire alarm system. Sprinkler systems shall not -be required in open- air parking structures, defined as. buildings, structures, or portions thereof, used for parking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each leve4 udliiing-at least two sides of the structure. This section shall not apply to buildings or additions used for: residendal purposes Z'he head of the fire department shall enforce the provisions of this section. Whoever, is aggrieved by the head of the fire department's interpretation order, requirement, direction or failure to act under the provisions of thIs section` may, within forty ve days after the service of notice thereof, appeal from such interpretation, order, requirement direction or failure to act to the automatic sprinkler appeals board as prTA*d 0 section two hwk ed and one of chapter sic . (emphasis adAdj A riding" AW;e is defined as agricuftm in MCK, Chaffer 128, SOMCM 1 A which is considered the standard d &gjon of agdauioun ac d apoc &ally refs vowd m CbWw 148, Section 26G TIW detinkioo is. MARTER 128 AGJUCULTURE DFF�,fONS a%%W &- sagwR ZLrMMdM atrtc rfifwff ri ddhddorra Se dm,IA aFarmir " & "gg7't mhwv" Shall1r=We fad$ in all ofits braawChes and file cld&adon and dIIaga Of ft sort, **36g, tin pirodiratm Cr Wwa gim Vv*ft and hcPwjtht$ of tiny agrtcultwral, agwrmr trna�,,anricultural or hortkukwal the growing and harwnft of*Pr Aim forest k 4 the raising qfIfwxock bxludtllg horses, die kgft ofhorses Qs a CONOMMM attterpri% Me kefirg and PaEft tg of pouchy, swine, eartde mrd other domesticateai aattnrals umd for food pwpote,R bees, furwbror'tng mlilnals, and ate' form y or ltanbaft gxraiRm. performed by a farmer. who is Hereby *fined ars one VVWd in agriculttmV orfarmingas hwettr decd or on afarm as an incident to or in cavnfww im with such fMM ft open dOM ineluditrg preprnw`ou fiat' Mar d, &Hmq to .tordw. or to lr M*Ot or to carriers for traatsportation to mwhr. r. (a rgrilucsis Qdded� As am c' m see from the bolded mod= of ft above &firitian taus oomooAroW kwpb* of hones is da&ed by she as agricult em Tbvwfm the mon porn &d m;;;; msl bmrlding� is MGL Chaff er 14$, Scotian 26G wmV oda ly appb► to your now riding stsbklivadvar ' I hope Hits answees your quwdcn sad datihes for the Building Department MW qUGOM *Oy ULay have. SiacecalY} .r1 /� � r R . A..Lage AssiOW Couomissiooer and Chief of Staff Page 2 of 2 Y r.o• TOWN OF NORTH ANDOVER Fire DgWMU n Cadml Fire Headquarters 124 MAIN STREET N4It'TH ANDOVER MASSACHUSETTS 0 i 845 Willson V. DOW Telephom (979) 688-9593 C7�ie1 njDepornn�nt FAX (978) 699-94494 William P. Martirwau ama+�auauas;Tr...�,oElv���h4ixlorr,�.atin► ooputy Thiel' Pa rws Lamb* 125 WbWWAt FAMIA Notes Anddwtr, Imo. 0:845 27 Fe m" 2007 Dor Ms. Lambert, Tbls MW b Is reldrma to do proposed dgywbm shot by am bu*W andt�.$k ilk Oucane that YOaa ... p vpum d 194FAM a ym p Mperey. TW b 8 bWWg ibQWW d 1432 agaare last. . UaderMaamehu rtls Aat d Lav Gbsp w 148 Secdod 26 b ya = noquited io pwvids a lWl armowWo An a- c' I Isr system. A copy ctdw law is weloead with this low. You have a A& to 96 baa wo t UW five days o! neoeipt of ft lames to the Aummaft SpdWw Appab= +a ocod is dbo bat patg ph of MCL 146 Soodw 26 0. I do ad beiim On do *Ovbibos of MBwadwsm Ga W Law Cb *w 128 SoWoa 1 A aro Mumble to Ob buii ft xW ftr&n them b no wempdoa sad Ther btdft-trout hm- , An sprinkler ay0M kINUM . A oW 4f Mt L i hVW 12i Seotkn 1 A L also eao o" 1n mtdit d6 douwkmda it it my dctarWnsdoo that TMs sa'ar.tm b not be wed ffic so* lbtj* "aiaiq o tlivestock loda ft kIM the hmpiq othorm as a oan aMW admpda" Mt mbar as art mean !br use by qa publb to pfflft trabft to toe pWft in bete Aft wd tw Am i6 ft pulft In wvWwb6Yw wI6aits then ane WwW tetEtanoes 1d tbo uae dtbe auk btdoor st+eas the pirrpow o�ooa�otia3 lletems and "leribrns is a ptiday �Eoraoaa haaa sbo�v, catstprote wltb�ttdpe�, dq6. 7bier dKOmb dm is oo& Ix die publ c aslkrty al dtoae pwtw will participate sad attasd om* wit "the epnrotiao. It aa VAMM V. Oda Fin chw Ca: Atty. 'I wow Urbob - Gerrsld Liwt owmict,bspeetrx f-0" 39VcA 108998ZT8L L9:60 L00Z/E0/10 I THOMAS J. URBELiS E-MAIL: tju@uf-law.com Board of Selectmen North Andover Town Offices 120 Main Street North Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecop.ier 617-338-0122 March 15, 2007 RE: WINDKIST EQUESTRIAN CENTRE V. NORTH ANDOVER Dear Members of the Board: Enclosed please find: Andover Office Telephone 978-475-4552 1. Clerk's Notice that the Court allowed our Motion to Dismiss the Complaint; and 2. The Court's Judgment on the Motion to Dismiss. Please call if you have any questions. Very truly yours, Thomas J rbelis TJU/kmp Enclosures cc: Mark Rees (w/enc) Joyce Bradshaw (w/enc) Curt Bellavance (w/enc) Gerald Brown (w/enc) Chief William Dolan (w/enc) w. \wp5 i \work\n-wdove\corresp\board of selectmen. Itr-windkistmf RECEIVED LIAR 19 2007 BUILDING DEPT. ' Commonwealth of Massachusetts County of Essex The Superior Court CIVIL DOCKET# ESCV2007-00336 Windkist EquestrianCentre Inc et al, Plaintiff(s) vs Town of North Andover et a1, Defendant(s) JUDGMENT ON MOTION TO DISMISS (Mass.R.Civ.P. 12b) 6 This action came on for hearing before the Court, Kathe Tuttman, Justice upon the Defendant's, Town of North Andover, Gerald A Brown, motion to dismiss pursuant to Mass. R.Civ.P. 12(b), and upon consideration thereof,. It is ORDERED and ADJUDGED: That the Complaint of the plaintiff (s), Windkist Equestrian Centre Inc, Patricia A Lambert is hereby dismissed against the defendant (s), Town of North Andover, Gerald A Brown, and the defendant(s) recovers its costs of action. Dated at Win, Massachusetts this 13th day of March, 2007. By:..... ....... ...... Entered: Copies mailed 03/13/2007 cvdjud12b_1.wpd 687609 judi2b joneskev ............................ Assistant Clerk Commonwealth of Massachusetts County of Essex The Superior Court Civil Docket ESCV2007-00336 RE: Windkist Equestrian Centre Inc et al v Town of North Andover et al TO: Thomas J Urbelis, Esquire Urbelis Fieldsteel & Bailin 155 Federal Street 4th. fl. Boston, MA 02110-1727 CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action on 03/13/2007: RE: Defendant Town of North Andover, Gerald A Brown's MOTION to Dismiss (MRCP 12b) Complaint of windkist Equestrian Centre Inc, Patricia A Lambert; Memorandum in support of Motion to Dismiss is as follows: MOTION (P#4) After hearing, ALLOWED, as plaintiffs have failed to either exhaust their administrative remedies pursuant to G.L.c.40A, or alternatively, to comply with the affidavit requirements of G.L. c.231A,s.3. Furthermore, to the extent that plaintiffs complaint seeks relief relating to co site plan special permit, that issue is now moot. (Kathe Tuttman, Justice) Notices mailed 3/13/2007 Dated at Lawrence, Massachusetts this 13th day of March, 2007. go Telephone: (978) 687-7463 Copies mailed 03/13/2007 cvdresult 2.wpd 687757 motallow melnickp Thomas H. Driscoll Jr., Clerk of the Courts Kevin Jones Assistant Clerk 44 0 V 4 Patricia A. Lambert, Esq. 115 Windkist Farm Road North Andover, MA Tel: (978) 682-3757 Fax: (978) 682-3758 William V. Dolan, Fire Chief Town of North Andover Fire Department 124 Main Street North Andover, MA 01845 RE: Windkist Farm Town of North Andover Dear Mr. Dolan: 01845 plambertkwin dkistfarm. com March 13, 2007 Enclosed please find a copy of the application and supporting documents for my appeal to the Automatic Sprinkler Appeals Board. Thank you for your attention in this matter Very my ;yours, Patricia A. Lambert RECEIVED MAR 15 2007 BUILDING DEPT. die Commonweafth of Massachusetts u Ex-ecutive Office of Public Safety ° Fire Safety Commission Automatic SprinklerAppeafs Board MITT ROMNEY P. O. Box 1025 — State lead GOVERNOR c KERRY HEALEY v tOw) Massachusetts 01775 LT. GOVERNOR (978)567-3181 Fa. (978567-3121 ROBERT C. HAAS SECRETARY AUTOMATIC SPRINKLER APPEALS BOARD APPEAL APPLICATION FORM (Form ASAB-1, p. 1) Filing Fee: $100.00 (Make check payable to the Commonwealth of Massachusetts) Please print or type: MAURICE M. PILETTE CHAIRMAN PAUL DONGA VICE CHAIR The undersigned, hereby appeals a determination of the Head of the Fire Department from he City/Town of which was received on, (date)-�Z-z. I am aggrieved by such interpretation order, requirement or direction issued under the provisions of: (check applicable section of the Massachusetts Law) M.G.L., c.148, s. 26A'/2 M.G.L., c.148, s.26 G ►� M.G.L., c.148, s.26 G1/2 ( ) M.G.L. c.148, s.26 H ( ) I seek the following relief from said determination: (state the specific grounds and reasons for filing this appeal. (Attach additional statement if.necessarv) . i i it / i i. i/• r F. iFA YW#015JTWj� // Appellant: (print name) 2t:2X>ej,Q ,V�i Phone number `�Z7$?3rd Address for Service: /S" 4%jA4DK/S7- ;-s4-2//% AG A&IFTN XWZQ /J�: Address of building involved: /-)k/lf Lav AM PDX . &J"y, A rr. f_ ,.0 / A .r- Appellant's relationship with the Building Involved: 19&1,j corm ASAB-1 revised 3105 For State Use Only: Docket #: Date Rec'd: Rec'd By: Check #: AUTOMATIC SPRINKLER APPEALS BOARD INSTRUCTIONS TO FILE AN APPEAL (ASAB-1, p.2) (Check all boxes and submit with your appeal) Incomplete appeal forms will be rejected (1) Whoever is aggrieved by the head of the fire department's interpretation, order, requirements, dirt�ction or failure to act under the provisions of M.G.L. Chapter 148, Section 26A 1/2, 26G, 26G1/2 or 26H, sha',1 within forty-five days after the service of notice thereof, appeal such interpretation, order, requirement, direction or failure to act to the Automatic Sprinkler Appeals Board. (2) The appellant, or his/her representative, shall file a completed appeal application form (form ASAB-1) with the Fire Safety Commission's Automatic Sprinkler Appeals Board, P.O. Box 1025, State Road, Stow, MA. 01775. Eight (8) copies of the application and supporting documents together with the $100.00 filing fee, made payable to the Commonwealth of Massachusetts must accompany the application. (3) You must also file with the appeal application the enclosed affidavit, under oath, stating: (1) that you are the Authorized Representative of the appellant/owner of the property which is the subject of the appeal and (2) that you have served a complete copy of all submitted appeal documents upon the head of the fire department who issued the determination which is the subject of the appeal. (4) Include with your appeal a copy of the Written Determination or Order of Notice issued by the head of the Fire department which is the basis for this appeal. (5) You must submit a written detailed statement or memorandum of the reasons for the relief requested. You should include specific details about the building such as, but not necessarily limited to: the building size, interior dimensions, building type/ classification, posted capacity, and existing fire safety features. You should give the specific reasons why you feel that the building should not be subject to the determination of the fire department. APPLICATION FOR APPEAL AUTOMATIC SPRINKLER APPEALS BOARD Affidavit of Applicant (ASAB-1, p.3) In accordance with the provisions of Massachusetts General Laws chapter 148, s. 26A1/2, 26G, 26G1/2, or 26H the undersigned hereby files an appeal relating to the property, building or structure described below. I hereby swear and affirm that Y am the legal owner of said property, building or structure or that I am the lawful representative of the owner of said property, building or structure for the purposes of filing and presenting this appeal. (Written documentation of such authorized representation shall be included with the appeal) I further swear and affirm that I have served a copy of this appeal, and all documents included with this appeal to the Head of the Fire Department. I have enclosed a check or money order for $100.00 payable to the Commonwealth of Massachusetts. Subscribed and sworn by me on (date) p�- Appellant: Appellant's signature: lI rr � Address of the Property, building or structure which is the subject of this appeal: �i/, /&a dV STATEMENT BY PATRICIA A. LAMBERT 1. I am the President and a Director of Windkist Equestrian Centre, Inc, and the sole trustee of Windkist Family Trust. I am also an attorney at law in good standing since 1971. 2. Windkist Family Trust owns the real estate located at 125 Windkist Farm Road in North Andover, MA. Wndkist Equestrian Centre, Inc. operates the facilities located on the real estate. The real estate and facilities consist of approximately sixteen acres, which are dedicated to agricultural use, including a barn with forty-five horse stalls, two outdoor riding arenas and an indoor riding arena as well as three apartments. We are in the business of raising, selling, training and boarding horses as well as providing riding lessons. My license from the town of North Andover is attachr.d „and marked A. 3. In early December of 2006 I submitted an application for a permit to construct a smaller second indoor riding arena on the premises. The structure was a prefabricated building approved by the Commonwealth of Massachusetts under the state building code. It does not have toilet or water facilities. It does not have an accommodation for spectators. 4. The building inspector refused to accept the first application which I provided because it utilized an existing plan with the new arena sketched in. It did not have distances to property lines on it. In an attempt to facilitate the issuance of the permit, I had a new plan created which showed the new arena to scale. The building inspector still refused to accept the plan. After several meetings with the building inspector and other town officials, my application was accepted for filing on December 29, 2006. 5. On January 30, 2007 I received a letter from the building inspector requiring that I submit to a site plan review for a special permit. I provided the building insp yctor with a letter from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Agricultural Resources which included the statutory authority exempting agricultural property and buildings from the requirements for a special permit. 6. As a result of the building inspector's conduct, I instituted suit in the Essex Superior Court, docket no. ESCV2007-0036-C in which I, inter alia, seek a declaration that a sprinkler system is not required as well as a declaration that a site plan review is not required. . 7. On February 27, 2007, I received a letter from the Fire Chief for the town of North Andover indicating that the new arena required a sprinkler system. A copy of the letter is attached as Exhibit B. 8. On or about March 6, 2007, I became aware of an undated letter from the building inspector wherein the building inspector exempted me from the requirements of a site plan review (apparently based upon recognizing an agricultural exemption based on G. L. Chapter 128 Section IA. but denied the building permit. I understand that the inspector says that the letter was hand delivered on February 27, 2007 to my daughter. My daughter did not receive the copy. No copy has been given to me. A copy of the letter is attached as Exhibit C. 9. One of the reasons for denial of the building permit, according to the letter of denial is that the arena requires a sprinkler system. 10. The Department of Agriculture provided me with a letter indicating that buildings used for agricultural purposes within the meaning of G.L. Chapter 128 Section lA are exempt from G. L. Chapter 143 Section 26G. A copy of that letter is attached as Exhibit D. 11. Further, the case of Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970 (1988) found that: "The plaintiffs' purchase and raising of horses, their stabling, training through the operation of the riding school and their participation in horse shows are all part of the one whole and constitute agriculture as that phrase is used...." The determination of the Fire Chief that the use of the arena "by the public to provide training to the public in horse riding and for shows to the public" is a non-agricultural use does not comport with the law. Subscribed and sworn to under the pains and penalties of perjury this 13th day of March 2007. 6� Patricia A. Lambert 'tr NUMBER M�ATM 01. COMMONWEALTH OF MASSACHUSETTS BHP -2007-0035 North `�ndover FEE • Board of Health _ $35.00 ` • DATE ISSUED 'ss,c,,,,s �Patricia A. Lambert - WINDKIST FARM March 01, 2007 t NAME 125 WINDKIST FARM ROAD ADDRESS IS HEREBY GRANTED A Animal LICENSE Animal This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ..... .... . :. . February 28, 2008 unless sooner suspended or revoked. RESTRICTIONS: Acreage: 1 Goat; I Swine; 39 Adult Equines; 2 Young Equines; Private, Boarding, Training, ----- ---------- -------------- Board of Lessons----------- -------------------------------------- Health NOTES: Contact: 978.375.5504 - Cell; 978.688.7662 - Barn .... ........ -- -- -------- ......... ..... CAI �I . rte . .. � — I- --#I WV-- i v 0 0u w- -:1 f:Ddr, f • bi Willtsm V, .Dolan. (Vef of Dopornnent William P, Martineau L)rpaty ('!tial Pahoia Umbett 125 Wm" Fa m pz, Noeth Air. MA 01845 27 FdM*ry► 2007 Dear Ms. J,srn*M TOWN OF NORTH ANDOVER Fire; Uap mnM Central Fisc Hndquwlerr 124 MAIN STKEET NORTH ANDOVER, MASSACHUSETTS 01845 Tolephow (970) 688-9593 FAX (978) 688-9.94 [ks�i?.4�iri'iy^,,Tr_.�tino;FN.�1���3!v�r. �Yi'iiiii'(l iiC•A t t; Cl�TC`t'r'�u�tivc,tti:h 4.� xlor�c. �,lnt Thb low is la rph- oe to the PvPow d EXW-hm 9w by an buxhW and *a Riot auucWe dW You have prWoaed' as Y*us,P" tY. TbIllisAWN98itals oP8,432 ognm i m. . llWw'Mwhdk Beth •E3wAal Lav Chaplet 14a 3wdw 26 O you are required to pwvide a !Wl =t=%Wc Alza NxkIdw sysUm. A *Vy 9(0* law a emck*W with this low. Yco bave a 00 to appeal thfe determfw**Q five daY8 of emelpt of this letter to the Aaw a * Baud ae poled is tbo last PHOSM0 Of Mme, CbtpW 146 Seatfoo 26 0. 14o not belieNe Cha ptiovialeee Of CkwW Law CEOW 128 8eWoo 1 A are applicable to t b buildlAg ad ftr&n them is Cha buildlag tn+ut lana a.i}re riddaraya . A copy ofMQL Chapter l28 Sedlon 1 A is also emdoeed. B d6 deWmk d m it it: trry dotarari Ww 90 tale gUodm is ra be and for solely jbf tho- ``rdeirat of9vostodc ioda ft boam t k beeping of bmv w as a wmmmW =WMrIum Q ndw w an va for un by the public to provide tr Anft to ft poft in me fft od for ohm 40-00 pgM.1a min* )+ow wrbsi0e these we XMI1rd0ummeo tbo use offt aMTW Ww am& lbr the purpow dd+ itaaecM Aad "Pmtrm in a Prway 4 m m bare show, Qas>Ftote vftjwp Ab6m,ji 'T'* dKwmbwd n b made Ox db public sailery of those per* WhO 7AID Participate and Wood emits Wkkn mb unjagm, wom V. Ddo RM Cwd Cc: Atty. Tboom Urtcfis _ . Gerald lgro�va; �A�r -0 TO 39Vd 108998Zt8L L9:60 L00c./80/Z0 BUILDING DEPARTMENT (ammunity Development Division MEMORANDUM Patricia Lambert 125 Windkist Faun Road North Andover, MA 01845 RE; BUILDING PERMIT FOR INOOOR RIDING ARENA Dent' Ms. Ltmbett: . VOW appiltartion for a brnr-kft pemtit to consuva an IJ92 square font kK100r*rid9a3 facility Is denied on dw fc awing graun& 1. You have ant subm1=4 is report from a sauctarA weaw ss rogtt and by the State It3u left Cade. S= 780 CMR l 16.0. _ 2. You have tact submirtad it Ipeomdmieal r+epW tiom a ileessed evSk eer in War to sddrm the fbuadmioa and soli oondhi ms is w" the fvueMm wn mipdmd by dw State B W1&gr Gude. See 7$0 CMR 116.0. 3. You do not bm pe mo red certification far a amrae' cam for childrm as required by Table 106 Of 710 CML I 4. The North Andover Fire CWT has dt:cermtrn:d that the sututttne is regubW tip have eprinklm =W a fire defection and alarm notification systtao to ratify oceup&M of a Sea in *a aaructtna. You may appeal nq determination as to the Building Code to rhe Ston Building Code Appeals Hoard (see G.L. ah. 143. 993 and li 100). One Ashburton Place. Room 1301. Boston. MA 02101. You ars not required to f c for a she plan special permit under Section 9.32(a) of the North Andover Zoning Bylaw. Very truly yours, Gerald Brown. inspector of Buildings cc: Curt Bellavance Mark Rcas Attorney Thomas Urbelis IWO Otood Street. Moroi Andover, 4erra4VIVII 6110 Piano 9114111W felt IWII.IS41 Mea rwr.tsweehsrtbaadever.uw DEVAL j- PATRICK Gmern& MdOnff UtUMAY Ueatemmt Gewernor Febru wjr 26, 2007 THE CommoNWEALTH of MASSACHUSEM Massachuett Exec nvg OFFICE of ENwRONwNTAL AFFA RS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 gDeparibmnejntcf!� 617-626-1700 fax 617-626-1850 www.Mass.gov/AGR Agricultural Resdurces I& Pa#icis Lambert wuadlia0 Equaftin Centre, Jnr.. 125 WiddiastFarm Road North Audme r, MA 01845 Dear M.. Lambert IAN BOWLES Sea%wy SCOTT J. SQIlM Acting Commissk ma X am MPWft to YOU tekpboo aU of Wedtsagy, i:ebraary 21, 2.007 vancammg the town's raquk meat to hsve 'Pticklem itt You proposed riding arena. Based on the Mg, L Laws Chapt=148, Section 26G sod Chaff W 14 Sedum IA, the town's raqakemm is not appropjate. M.G. L: lei,;, Section 26 G says: CUAP R 1A FRU PRIs`Y NUOIV Ckqgff 1 3ediox 16G` Na�e� �s or Qdtotrs,• arrtor:mde sr+Pprassa�rt or:pn'a1 kiersy"aw Sectio» 26G. In any city or town which accepts the provisions of this ,aedton every butldutg of more than M00-fim huai*ed gross squara feet m loor area or every addition of owe than seventy -give hcutdred 8rqLa sgurarre feet in, floor area shall be protected throughout with an adequate system of automatic sPtinWm in accordance a with the p vvfsians of the state building code; provides; however, chat in the ease ofsaid addition such an adequate system of amVmafic sprialders shall be installed W said adaYtion O3:1Yo such s, prbW er system shall be required unless sufficient water and water pressure exists For PwPow$ ofthis section. the grm sQuare feet ofa building or ad*hon shall include the sum total ofthe ,floor areas far all floor levels, basements and sub -basements, measuredfrom outside w At irrespective afthe *istence of fnterivr fire reSWiM walls, floors acrd ceiling. Tkis sec 4n shall not 4ppl ,y to brdldl IP ttscd for agnicrrlt KFd purposes as defined In sections one A of chapter one hundred and tw, not-eigft .In such buildings or additions, or in certain ureas of such buildings or additions, where the discharge of water would be an actual danger in the event of fire, the head of the fue department shall permit the inswaltahon of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic svrinklers Automaac suppressant or sprinkler systems shall not be required in rooms or areas of a teiephone central office equipment building when such rooms or areas ar a protected with an automatic fire alarm system. Sprinkler systems shall not be required in a one story building having afire o� resistance rating as prescribed in the state building code that is used solely for off ices provided the building, is protected by an automatic fire alarm system. Sprinkler systems shall norbe required in open- air _varking sbuctures, defined as: buildings, structures, or portions thereof, used for narking motor vehicles and haying not less than twenty- five per cent of the total wall area open to atmosphere at each level, utlliaing-at least two sides of the structure. This section shall not apply to buildings or additlons used for:residential purposes. The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, requitement, direction or failure to act under the provisions of this sections may, within forty-five days after the service of notice thereof,'.appeal from such interpretati^n, order, requirement, direction or failure to act to the automatic sprinkler ,eals board as pr 74ded i. -, section two hundred and one of chapter six_ - (ens *af ,t _added) A riding;staWe is defined ac agriculture in MCTL, Chapter 128; Seetien 1 A which is considered the standard &fnhiaa Of agriculture and specificaiiy refax aced in Chapter 148, Section 26G. That definition is: MAMER.128. AGRICULTU U DFkDWONS CVW$erYM Section L!. F ,fes; defer &xs _IwdJ6n lA "Farming" or "agriculture" shall Include farming in all ofRs branches and the cultivation and tillage oft .e soil, dairying th¢,I ro&xtim cultivation; growhW and harvesft of any aSrfthar, a4umR&Wa floricultural or horticultural commo&ffe& the growing and ha w&Ing offorestproActs upon f+ lrlw land, the raising qfIlmstock Wudirig horses, ate AWmg ofkmses as a cohrrrrer W eatatpky the keeping and raising ofpoultry. ,swine, cattle and other domesticated wdmals used for food PwPose,% beer fur -bearing mifnrals, and MY forestry or lMberbig Operations, performed by a farmer, who is Ttereby defined as one enMd In aricrdture or foiningah..erein dq%e4 or on a farm as an to or In &xaf xtion With SUM fW'PAVg OPCera��asi«�s hOM �Fr—OPW for awket, delivery to storage', or to marbt or to cawiers for transportation to mmIxt. (emphasis addle* As One tea see from the bolded seodm of the above definition, the mai keeping of horses is defimed by statute as age. TbaefOre the exemption p %Mded to ag&-uTU rA Wildinp in MCL Chapter 148; Section 26G vmald clearly V* W your new riding stablelindoor riu & I hope dais answers your question and clarifies far the Building Department any questions they may have. Since[Av Ke9f A..Lage AssxsWit COWnissiouer and Chief of Std Page 2 of 2 Z O F, F - Q Li W F- L - W J T 0 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail chm@ufb.com William V. Dolan, Fire Chief North Andover Fire Department 124 Main Street North Andover, MA 01845 Telephone 617-338-2200 Telecopier 617-338-0122 March 13, 2007 RE: WINDKIST EQUESTRIAN CENTRE, INC. Dear Chief Dolan: Enclosed is a copy of a letter dated February 26, 2007 from the Department of Agricultural Resources to Patricia Lambert. TJU: j eh Enclosure cc: Mr. Curt Bellavance Mr. Gerald S. Brown w:\wp51\work\n-widove\corresp\dolan. hr -fire. doc Andover Telephone 978-475-4552 Very truly yours, Thomas 4 Urbelis RECEIVED MAR 15 2007 BUILDING DEPT DEVAL L. PATRICK Governor TIMOTHY MURRAY Lieutenant Governor February 26, 2007 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 617-626-1700 fax 617-626-1850 www.Mass.gov/AGR Ms. 7' �� icia'Lambert Windkist Equestrian Centre, Inc. 125 Windkist Farm Road North Andover, MA 01845 Dear Ms. Lambert: Massachusetts O Department of Agricultural Resources IAN BOWLES Secretary SCOTTJ. SOARES Acting Commissioner 1 am responding to your telephone call of Wednesday, February 21, 2007 concerning the town's requirement to have sprinklers in your pmposed riding arena. Based on the Mg. L Laws Chapters 148, Section 26G and Chapter 128, Section IA, the town's requirement is not appropriate. M.G. L. Chapter 148, Section 26 G says: CHAPTER 148 FIRE PREVENTION Chapter 148: Section 26G. Nonresidendal buildings or additions; automatic suppressant or sprinkler systems Section 26G. In any city or town which accepts the provisions of this section, every building of more than seventy-five hundred gross square feet in floor area or every addition of more than seventy ; five hundred gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code; provided, however, that in the case of said addition, such an adequate system of automatic sprinklers shall be installed in said addition only. No such sprinkler system shall be required unless sufficient water and water pressure exists. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub -basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. This section shall not apply to buildings used for agricultural purposes as defined in section one A of chapter one hundred and twenty-eight In such buildings or additions, or in certain areas of such buildings or additions, where the discharge of water would be an actual danger in the event of fire, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building when such rooms or areas are protected with an automatic fire alarm system. Sprinkler systems shall not be required in a one story building having afire resistance rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fire alarm system. Sprinkler systems shall not be required in open- air parking structures, defined as: buildings, structures, or portions thereof, used for parking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each level, utilizing at least two sides of the structure. This section shall not apply to buildings or additions used for residential purposes. The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six.. (emphasis added) A riding stable is defined as agriculture in MGL, Chapter 128, Section 1 A which is considered the standard definition of agriculture and specifically referenced in Chapter 148, Section 26G. That definition is: CHAPTER 128. AGRICULTURE DEFINITIONS Chapter 128. Section IA. Farming, agriculture, farmer; definitions Section M. "Farming" or "agriculture " shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forestproducts upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals usedfor food purposes, bees, fur -bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to. storage or to market or to carrier; for transportation to market. (emphasis added) As one can see from the bolded section of the above definition, the commercial keeping of horses is defined by statute as agriculture. Therefore the exemption provided to agricultural buildings in MGL Chapter 148, Section 26G would clearly apply to your new riding stable/indoor ring. I hope this answers your question and clarifies for the Building Department any questions they may have. Sincerely; Ke'T)�A. Lage Assistant Commissioner and Chief of Staff Page 2 of 2 % \ \\ � > > o .\ /j k S Q \ . . CDrD 17' rD V, % \ \\ � .\ /j ?: � 17' MAR. 9.2007 10:42AM URBELIS & FIELDSTEEL URBELIS & FIELDSTEEL, LLP 155FEDERALSTREET BOSTON, MA 02110 Telephone: (617) 338-2200 Telecopier: (617) 338-0122 Andover Telephone: (978) 475.4552 FAX COVER SHEET TO: Gerald Brown FROM: Thomas J. Urbells, Esq. RE: Windkist v. North Andover DATE: March 9, 2007 Number of pages including cover sheet, 2 Message: N0. 517 P. 1 FAX: 978-688-9542 PHONE: (617) 338-2200 THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMA'nON INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS ME88AME IS NOT THE ANTENDED RECIPIENT, YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED TMS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY U8 SY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE THANK YOU MAR. 9. 2007. 10:42AM URBEIIS & FIEIDSTEEI NO. 517 Pr 2 • r r 1 r i r COMMONWEALTH OF MASSACHUSETTS ' Superior Court CA # ESCV2007-00336-C VVitidlcist Equesulan Centre, Inc., and Patricia A. Lambert, Trustee of Windkist j ,•Farriily Tiust, Plaintiffs ] j 1' Ir Town -of North Andover and ] Gerold A. Brown, Inspector of Buildings ) Town cf North Andover Defendants ' • rl 1 .�fl 1 ; AFFIDAVIT IN OPPOSITION TO DEFENDANTS, MOTION TO DISMISS r i t M r Now comes Patricia A. Lambert, P12102iff, and being duly deposed and sworn states as I follows: On March S, 2007 I reviewed defendants, Memorandum in Support of Defendants' ` .]viodois to Dismiss. I diSCOVered that attached to the Mmenmorandum was an undated letter ` Pu?Portedty directed to Inc by Qemld Brown +, . or of Buildings, Town of North Andover, 'That letter, which ostensibly denied my application for a building permit, w" never seat to me .t�1 ' r ' ht.*ny time. The first time I became aware of it was on March 5, 2007 when I read it in Y :.40nnectibmwith the Defendants' Memorandum. Signed under the ns end ' Pains Penalties of pedury this 7' day of March 2007.. •1' i 1410 A4 j Patricia A. Lambert ('I TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Patricia Lambert 125 Windkist Farm Rd. North Andover, MA 01845 27 February 2007 Dear Ms. Lambert, Telephone (978) 688-9593 FAX (978) 688-9594 wdolanld?To«niofNorthAndover. com wmartmeau@TownofNortliAjidover.com This letter is in reference to the proposed sixty-two foot by one hundred and thirty six foot structure that you have proposed to build on your property. This is a building footprint of 8,432 square feet. Under Massachusetts General Law Chapter 148 Section 26 G you are required to provide a full automatic fire sprinkler system. A copy of the law is enclosed with this letter. You have a right to appeal this determination within forty-five days of receipt of this letter to the Automatic Sprinkler Appeals Board as noted in the last paragraph of MGL Chapter 148 Section 26 G. I do not believe that the provisions of Massachusetts General Law Chapter 128 Section 1 A are applicable to this building and therefore there is no exemption and the building must have a fire sprinkler system installed. A copy of MGL Chapter 128 Section 1 A is also enclosed. In making this determination it is my determination that this structure is not be used for solely for the "raising of livestock including horses, the keeping of horses as a commercial enterprise" but rather as an arena for use by the public to provide training to the public in horse riding and for shows to the public. In reviewing your website there are several references to the use of the current indoor arena for the purpose of conducting lessons and "Perform in a Friday afternoon horse show, complete with judge, ring, ribbons." This determination is made for the public safety of those persons who will participate and attend events within the structure. Respectfully, William V. Dolan Fire Chief Cc: Atty. Thomas Urbelis Gerald Brown, Building Inspector Deputy Chief William Martineau Lt. Andrew Melnikas, Fire Prevention Officer . M.G.L. - Chapter 148, Section 26g Page 1 of 1 The General Laws of Massachusetts_.._._.. { Search the Laws , ;.� Fmass.gov : tion ection PART I. ADMINISTRATION OF THE GOVERNMENT f Content Page rt Home TITLE XX. PUBLIC SAFETY AND GOOD ORDER ov CHAPTER 148. FIRE PREVENTION Chapter 148: Section 26G. Nonresidential buildings or additions; automatic suppressant or sprinkler systems Section 26G. In any city or town which accepts the provisions of this section, every building of more than seventy-five hundred gross square feet in floor area or every addition of more than seventy-five hundred gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code; provided, however, that in the case of said addition, such an adequate system of automatic sprinklers shall be installed in said addition only. No such sprinkler system shall be required unless sufficient water and water pressure exists. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub -basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. This section shall not apply to buildings used for agricultural purposes as defined in section one A of chapter one hundred and twenty-eight. In such buildings or additions, or in certain areas of such buildings or additions, where the discharge of water would be an actual danger in the event of fire, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building when such rooms or areas are protected with an automatic fire alarm system. Sprinkler systems shall not be required in a one story building having a fire resistance rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fire alarm system. Sprinkler systems shall not be required in open- air parking structures, defined as: buildings, structures, or portions thereof, used for parking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each level, utilizing at least two sides of the structure. This section shall not apply to buildings or additions used for residential purposes. The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six. http://www.mass.gov/legis/laws/mgl/148-26g.htm 2/23/2007 •—M.G.L. -Chapter 128, Section la This is the cached copy of http://www.mass.gov/legis/laws/mgl/128-1 a.htm. The General Laws of Massachusetts Search.theLags ; PART I. ADAIWNTRATION OF THE GOVERNMENT TITLE XIX. AGRICULTURE AND CONSERVATION CHAPTER 128.AGRICULTURE DEFINITIONS Chapter 128:Section IA. Farming,agriculture, farmer; definitions Page 1 of 1 Go To: Next Section Previous Section MGL Search Page General Court Home Section IA. "Farming"or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying,the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities,the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping ofhorses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used forfood purposes, bees, fur -bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby definedas one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farmingoperations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. http://www.mass.gov/portal/gog__cachejsp?q=cache:HYYX6w3 lXdOJ:www.mass.gov/1eg... 2/23/2007 TOWN OF NORT11 ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH AM)OVER. MASSACHUSETTS 01845 William V. Dolan Chief of Departtent William P. Martineau 19epuo; iFlef Patricia Lambert 125 Windkist Farm Rd. North Andover, MA 01845 27 February 2007 Dear Ms. Lambert, Telephone (978) 688-9593 FAX (1978) 688-959:1 dolar!:41ov,nof**orthA-p�l(,ve-,C*oIn �tr is3ver.ci�n� This letter is in reference to the proposed sixty-two foot by one hundred and thirty six foot structure that you have proposed to build on your property. This is a building footprint of 8,432 square feet. Under Massachusetts General Law Chapter 148 Section 26 G you are required to provide a full automatic fire sprinkler system. A copy of the law is enclosed with this letter. You have a right to appeal this determination within forty-five days of receipt of this letter to the Automatic Sprinkler Appeals Board as noted in the last paragraph of MGL Chapter 148 Section 26 G. I do not believe that the provisions of Massachusetts General Law Chapter 128 Section l A are applicable to this building and therefore there is no exemption and the building must have a fire sprinkler system installed. A copy of MGL Chapter 128 Section 1 A is also enclosed. In making this determination it is my determination that this structure is not be used for solely for the "raising of livestock including horses, the keeping of horses as a commercial enterprise" but rather as an arena for use by the public to provide training to the public in horse riding and for shows to the public. In reviewing your website there are several references to the use of the current indoor arena for the purpose of conducting lessons and "Perform in a Friday afternoon horse show, complete with judge, ring, ribbons." This determination is made for the public safety of those persons who will participate and attend events within the structure. Respectfully, William V. Dolan Fire Chief Cc: Atty. Thomas Urbelis Gerald Brown, Building Inspector pORTp� � p T y n O BUILDING DEPARTMENT Community Development Division MEMORANDUM Patricia Lambert 125 Windkist Farm Road North Andover, MA 01845 RE: BUILDING PERMIT FOR INDOOR RIDING ARENA Dear Ms. Lambert: Your application for a building permit to construct an 8,382 square foot indoor riding facility is denied on the following grounds: You have not submitted a report from a structural engineer as required by the State Building Code. See 780 CMR 116.0. 2. You have not submitted a geotechnical report from a licensed engineer in order to address the foundation and soil conditions in which the foundation was erected, as required by the State Building Code. See 780 CMR 116.0. 3. You do not have the required certification for a summer camp for children as required by Table 106 of 780 CMR. 4. The North Andover Fire Chief has determined that the structure is required to have sprinklers, and a fire detection and alarm notification system to notify occupants of a fire in the structure. You may appeal my determination as to the Building Code to the State Building Code Appeals Board (see G.L. ch. 143, §93 and § 100), One Ashburton Place, Room 1301, Boston, MA 02108. You are not required to file for a site plan special permit under Section 8.3.2(a) of the North Andover Zoning Bylaw. Very truly %yours, Gerald Brown, Inspector of Buildings cc: Curt Bellavance Mark Rees Attorney Thomas Urbelis 1600 Osgood Street, North Andover, Mossochusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com 211-71 -7 THOMAS J. URBELIS e-mail yuL:uf-law.com Curt Bellavance Town of North Andover 1600 Osgood Street N. Andover, MA 01845 RE: WINDKIST FARM Dear Curt: URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 February 23, 2007 This is a follow-up to my January 19, 2007 letter. Andover Telephone 978-475-4552 Section 36 of Chapter 123 of the Acts of 2006 amended the first paragraph of G.L. ch. 40A, §3, and it now states in relevant part: "No zoning ... by-law shall ... prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture..." It appears that this amendment would change the effect of the case of Prime v. Zoning Board of Appeals of Norwell, 42 Mass. App. Ct. 796 (1997) so that the foregoing provisions of §3 would now apply to "construction" of new structures (and not just "reconstruction" of "existing" structures). Please call if you have any questions. Very truly yours, 117G S *04� Thomas J. rbelis TJU:kmp cc: Gerald Brown Mark Rees %% .wp_ 1\work\n-andove\conesp\bellavance.ltr2-windkist.doc URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail tju@uf-law.com Curt Bellavance Town of North Andover 1600 Osgood Street N. Andover, MA 01845 RE: WINDKIST FARM Dear Curt: Enclosed please find copies of: Telephone 617-338-2200 Telecopier 617-338-0122 February 20, 2007 Andover Telephone 978-475-4552 1. February 19, 2007 (President's Day) fax transmittal from Attorney Kevin Keating along with the Memorandum referenced therein; 2. G.L. Chapter 40, Section 3, first paragraph (prior to amendment); and 3. Section 36 of Chapter 123 of the Acts of 2006 which amended G.L. Chapter 40A, Section 3, first paragraph. Could you please respond to the following: 1. In your fax to me of January 19, 2007 in which you sent me the documents which the applicant cited as case law and statutes in support of its position, the amendment to G.L. Chapter -40A, Section 3, first paragraph, was not included. Did the applicant ever submit the amendment to you in support of its position? 2. The Memorandum is in a case of. which I am not aware. Have you received the Complaint filed in Case No. 2007-00336-C? Thank you. Very truly yours, Thomas J. LUrbelis TJU:kmp Enclosure cc: Gerald Brown (w/enc) w ',wpi I'wvoi k`,n-andove\coiTesp\bel lavance. ht -windkist.doc �� c��� r�c�.o r�•� rrti�ci �1� �r-��-.acR �. KEVIN M. KEATING Attorney at Law 108 West Cliff Drive Plymouth, Massachusetts 02360 Telephone: 15081-888.4500 FAX COVER PAGE TO: Thomas Urbells DATE: February 19, 2007 FAX MO.: 617.338-0122 FROM: Kevin M. Keating NUMBER OF PAGES: 3 RE: Windkist Equestrian Centre MESSAGE Attached Is a memorandum that I intend to present to the Court on Tuesday, February 22. 2007 at 2:00 pm, in Courtroom 1, (Lawrence) FEB -19-2007 02:17 PM PATRICIA LAMBERT 9786823758 P.02 COMMONWEALTH OF MASSACHUSETTS Essex, ss Windkist Equestrian Centre, Inc., and Patricia A. Lambert„Trustee of Windkist Family Trust, Plaintiffs VS. Town of North Andover and Gerald A. Brown, Inspector of Buildings, Town of North Andover Defendants Superior Court CA # ESCV2007-00336-C MEMORANDUM IN SUPPORT OF REQUEST FOR DECLARATORY RELIEF Contrary to the Defendant Town's position, a special permit is not required. G, L. Chapter 128 Section 1A defines "farming or agriculture" inter alis, as "the keeping of horses as a commercial enterprise..." The Plaintiffs keep horses as a commercial enterprise. The Plaintiffs' facility is comprised of a barn consisting of forty- five stalls and an indoor riding arena. For a fee horses are boarded, trained for riding and horse riding lessons are provided. The gross income from this endeavor is about $350,000 per year. The Plaintiffs hold an agricultural tax classification from the Town of North Andover pursuant to General Laws Chapter 61A. A copy is attached . In Massachusetts agricultural land and building uses are exempt from zoning. G. L. Chapter 40A, Section 3 provides in pertinent part: "No zoning ordinance or by-law shall... require a special permit for the use, expansion, reconstruction or construction of structures thereon..." for agricultural use. The Defendants rely on the 1997 case of Prime v. Zouing Board of Appeals of Norwell, 42 Mass. App. Ct. 796 for the proposition that new FEB -19-2007 02:17 PM PATRICIA LAMBERT 9786823758 structures are not exempt from Chapter 40A section 3. Whatever may have been the efficacy of the PTj= Decision in 1997, as Section 3 then existed, it has been overruled try the Legislature with the passage of an amendment which took effect on June 24, 2006. The statute now exempts new agricultural structures. The applications for building permits in this case were filed in December 2006, more than six months after the statute was amended. The full text of G. L. Chapter 40A Section 3, with the publisher's note, as the statute now reads is as follows: [First paragraph as amended by 2006, 123, Sec. 36 gJective June 24, 2006 For text effective until June 24, 2006, see above.] No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of commercial agriculture, acuaculture, silviculture, horticulture, floricultore or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary. purpose of commercial agriculture... (Emphasis supplied.) The Prime Decision is inapposite as the Legislature has, in effect, overruled it by changing the statute. A special permit is not required and a building permit should issue forthwith. Windkist Equestrian Centre, Inc.and Windkist Family Trust By their attorney, Kevin A Keating 108 Westcliff Drive Plymouth, MA Tel: 508-888-4500 Fax: 508-888-4660 BBO #263340 .FEE719-2007 02:18 PM PATRICIA LAMBERT9786823758 P.04 BIS 4938 PG 120 \� 9TAT6 TAX POAAi Ct.] II�UMRtJ%QLPrWMTWM=NORR0= CR2= tA710N TARCOMMOIiO1R"T87W TOWN OF Notts ANDOVU 0MC2 OWSM IOAXD ON AssnwRR CLAMNM l0=TJdICIILTUKAL 0!$O8'rWUTUHAL-RZC3MA7RONAL IAM TAS LW THE BOARD OF ASSESIM OF THE TOWN CF NORTH ANDOVBR kdAnY STATES IT HM *CCWW ,MID APPYANED TIM AM ICATTON CF; PATRXU A. LAMURT. OWNER(9) CF THS REAL PIICr=Y MSCRMW ULOW, POE THE VALUATION, ASSESMMT AMID TAXATM OF IHAT AOMtW AS CL -00M FORM L AGIUCULMRAL CIL MOMCULI URAL PM RKMEATiONAL [ ] LMD UNDER THE PR0V1B1i W CF GM4 RAL LAWS.CHAPfER 61 ( ,16LA riCq 61Bj ]. TFJIS CLA99MCATiON AS OF JANUARY 1, 1998 FOR T1R; FISCAL YEAR BBGINNWG JULY 1. 1998. or Y JAM 13 M wrll:00 THU PIATtt# W MAW ON TW t!TM•. DAY OP n=bURL IW? 00NnnVTW A LMN UPONTHE PROPERTY As PROvta®tN O� t.A7Vi ClNt7'P2 •Pio j ] 6 PAs➢ [aOq Pts es � �3 THE C04MOONWEALTH OF M/188ACSV ESSSX88. /^ INEN FERSCNALLY APPEARED THB ABOVE NAURD OARRET C. 8Od-E& AA . A 1►1 MM OF TM BOARD OF ASSESSORS FORMS TOWN OP NCKM ANDOVER. AMID ACXX' LB1XXD TFM FOREiONQ OMIZA MTT 10 BE I FREE ACT AMID URED, BEFORE 1O. Q,� 0P aze- iv NOTARY PUBLIC MY COMMISSION EXP1RSS: li r X001 RETURN RECUUM COPY TO.. BOARD OF ASSE29M 129 MAIN STREET NORTH ANbOVER. MA. 01843 ZONING 40A § 3 § 2. Repealed, 1987, 685, Sec. 2 Historical and Statutory Notes St.1987, c. 685, § 2, repealing this section, The repealed section, derived from St.1975, c. was approved Jan. 6, 1988. 808, § 3, related to special permits for cluster development. § 3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures . regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture; nor prohibit, or unreason- ably regulate, or require a special permit for the use, expansion, or reconstruc- tion of existing structures thereon for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including those facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, except that all such activities may be limited to parcels of more than five acres in area not .zoned for agriculture, horticulture, floriculture, or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as one parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to general law. For the purpose of this section, the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. No zoning ordinance or by-law shall regulate or- restrict the interior area of a single family residential building nor shall any such ordinance or by-law Prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided; however, that such land orstructures may be subject to reasonable regulations concern- ing the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. Lands or structures used, or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance or by-law if, upon petition of the corporation, the department of telecommunications and energy shall, after notice given pursuant to section eleven and public hearing in the town or city, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public; provided however, that if lands or 9 a .k F 5057 (b) the denominator of which shall be the total assessed value for preceding fiscal year of all the parcels. included in the numerator, except t such ratio shall not be'less than 1; (iv) include executed agreements between such city or town and e eligible owner of a parcel of real Property which is located in a MwT- zone. Each such agreement shall include the following: (1) all mater representations of the parties which served as a basis for the descripti contained in the MWT-TIF plan in accordance with paragraph (ii) and wh. served as a basis for the granting of a MWT-TIF exemption; (2) any te: considered appropriate by the city or town relative to compliance with the MD TIF agreement including, but not limited to, that which shall constitute default by the property owner and the remedies that shall he instituted betwe the parties for any such defaults, including an early termination of t agreement; (3) provisions requiring that 75 per cent of the eligible workfor shall receive training that is designed to retain employment in such city town;- (4) a detailed recitation of all other benefits and responsibiliti inuring to and assumed by the parties to such agreement; and (5) a provisi4 that such agreement shall be binding upon subsequent owners of such parcel c real property; (v) delegate to 1 board, agency or officer of the city or town tt authority to execute agreements in accordance with clause (iv); and (vi) be certified as an approved MWT-TIF plan by the econemic assistanc coordinating council established by section 3B of chapter 23A pursuant t regulations adopted by said council if the council finds, based on th information submitted in support of the MWT-TIF pian by the city or town an such additional investigation as the council shall make, and incorporate in it: minutes, that the plan is consistent with the requirements of this section an( shall further the public purpose of retaining or encouraging increase< industrial and commercial manufacturing activity in the commonwealth. A cit} or town may at any time revoke its designation of a TIB zone and, as a consequence of such revocation, shall immediately cease the execution of any additional agreements pursuant to paragraph (iv). The board, agency or officer :)f the city or town authorized pursuant to paragraph (v) to execute agreements ihall forward to the board of assessors a copy of each such agreement, together +ith a list of the parcels included therein. An executed and approved MWT-TIIF ;hall be recorded in the registry of deeds or"the registry district of the land :ourt for the county wherein such land lies. SECTION 36. Section 3 of chapter 40A of the General Laws,' as so pnearing, is hereby amended by striking out the first paragraph and inserting n place thereof the following paragraph: - 60 T9 'aurbua uorgsngwoo Te.:zagur agg 30 louaror3;a agg asEa.zour ITguEor�ru5Ts oq sarbojougoag Mau 5urdojanap sasrzdzaqua agel.rzd pue orTgnd paseq-sagasngoEss-eW ;o gzoddns ur 'ATTenuuE 000'000'6$ go TEgog e paaoxa oq qou'puna agg woz3 s:�uez5 axEw AEw pzEoa gegq 'zaggzn; 'paprnozfi-:sptom buTMOTTo3 aqg 'Z6T aurT ur „(Z) udezbezed„ pzoM aq:; zag;e burgzasur Aq papuawe Agazaq sr 'BuzxEaddE s2 'smrj TEzauao aqg -;o r06 zagd2go 3o g6 uorgoaS 'LS NCISJ3S 'sasrwazd aqq uo aTrgM paBrurw pue paurEqurEw 'pa-qsrznoTz sr qr ;r puET ;o aassaT zo zauMo aqq Aq paonpozd aq oq pasaprsuoo aq TTegs xoogs Azasanu s ';oaxagq aTEs aqq pue Xoogs Axasxnu ;o burdaax par burMozb aqq apnTour qs azngTnorgzoq wzaq aqq puE 'BZT zagdego ;o KT uorgoas ur paur;ap sr TTegs „amgjnorxbE„ wzaq aqq 'uorgoaS STgg 3o sasodxnd aqq zog MET Tezauab oq guensznd pagsTigegsa suorg2Tn5az spueTgaM zo urETd pooi3 woz; sazngonzgs o puET gdwaxa TTEgs McTAq zo aouEurpzo buruoz ON •Taozed T se panzgsuco q TTegs ArmzageM a zo AeM a.4pATad xo orTgnd E Aq paprArp puri 'sasodznd ons zo3 'azngjnZ)Tgrn zo azngTnorzoT; 'azngTno'rzoq 'azngTncrf,TTs 'azngjnoEnb-e 'azngTnorzSE zo3 paucz you Ease uT azow zo sazoe S ;o sjaozed oq pagrwrT aq Aew aTITATgoE gons TTe ;v -q-4 gdaoxa 'xagjoue Aq zo pagEooT sr AgrTroe; aqq gorgM o puET aqq 30 aassaT zo zaamO aqq Aq saggagM 'azngTn.-�rgrn zo azngTnorzO7C3 axngjnorgzog 'azngTnornTrs 'axngTnoenbE 'azngjnor.zbe jEro.zawwoo ;o asodznd k;rewrzd aqq zo; pasn 'pagEooT sr AgrTroe; aqq gorgM uo gegg —P zaquo 'P—T o sggasngoessEN ur paonpozd uaaq aneg 'awnTon Tenuue zo saTes TenuuE Ss025 aggra uodn pasec 'airs zo; sgonpozd -cons ;o quao sad OS TVUorgrPPE ue gseaT e puE 'pagEooT sr AgrTroe3 agg gorgM uo puej aqg 3o aassaT zo zouMo aqg Aq paonpozd uaaq anEq 'awnTon TEnuuE zo sales Tenuue ssczb zaggTa uo paseq 'ales zo3 sgonpozd gons ;o quao xad SZ gseaT qe so 'pagEooT sr AgrTroe; aqg gorgM io PuET aqg ;o aassaT zo zauMo agg Aq paonpozd uaaq anEq 'awnTon zo szeTTop 3 -?TVs ssozb xaggra mo paseq 'aTes zo; sgonpozd gons ;o guao zad SZ 'aassaT to zauMo agg ;o pueT mo pasrez dozo AxEwrzd aqq 3o uoseas g'san.zeq aqq burznp zo teal Axana ;o zagwagdas puE gsnbnx 'ATnr 'aunr ;o sgquow aqq burznp zaggra gegq )apTfozd 'sgonpozd Axrbo puE auTm 'aonpozd ;o ares agg zo; sargrTroE; asogg )urPnTour 'axngTnorgrn xo azngTnor.zoT; 'azngjnorgzog 'azngrnorrjrs 'axngjnoenbE azngTnorz5E TErzzawwoo ;o asodznd Azemrzd aqq zo; uoazagg saznz mrz s o uorgonzgsuoo xo ucrgon.zgsuooaz 'uorsuEdxa 'asn aq-4 zo; ;Twzad iv-oads azrnbaz zo agETnbaz ATgeuosea--utt 'grgrgozd zou 'azngjn�rgrn zo azngT v�rzoT3 azngT �rzog azngjncrnTTs axngTnoEnbe arngTnoTzbE TEroxawwoo ;o asodznd "''C' aqq zo3 pueT 3o asn agg xc; grwzad TE -mads E aztnbaz xo agrTnbaa TgEuosea,zun 'grgrgozd MET-Aq zo aoueurpxo gons Aue TTegs xou 'apoo burpTrnq gegs aqq Aq pagETn5as sazngcnxjs ;o uoronzgsuoo 3o spoggaw zo 'SJVTzaarw I awn aqq goizgsaz zo agETn&az TTegs MET -A4 zo aouEurpzo 5uTucz oN 7 LSOS 3 (TA PLArNTIFF',S ATTORNEY; Please Ciliple 7ypd dt"Aatlon,fnvojvpA - 'rJOAT - tv 01-ok Vl;HIt .Ls T()RT - CONTRACT - LQUITAi�L5 RULIEF t;�`j"}iEIL) COMMONWEALTH OF MASSACHUSETTS 1%UPERIOR COURT CIV IL ACTT r)N N4. t a t......, (, Plainesfy(r) ��- � u � .... ......................... •.. , f�fcniiant(s) // SUMMONS TO thu above namod Defendant: YOU are hemby ttumr# oned q, pinintifrS attorney, wthosc addrsisa bk j.'ev� ,1 jf c ori ,eel .4d14 - ;w r in tht cOttlplaint whish Is hmwith solved upon y&k within 20 dayat ager mrviae afthis #iii itittftts Ujfon you, oxclusive Oethe day of crviw- if YOU fail to do l.;0judgment by defattlt will be taken against you for the tallcfdem4ndei itt the t:c roti int,�'Y u are also reyuimd to ilia your answer to the ct?mjrlaint in the office of the (,fork of ,this court xt hnf6rtt services upon plaintifr5 tttiumey or within Y m9onfible time thmafter, Unless othorwisa provided by i'tute 13 (ak), your answer mast state 4.fi a countt:rclttitrt any claim which yhu may ilit+n: tt afrtat the p3giniiff which xrts� nut of tiro frau. tion or omirrutaee that is 1110 sttbjcut matter of the piaintifrs YluiTtt ar yell will thm-after be bNmm from making lush claim in any niter taatinn, j L Nt--S& a ft U - 411�ti�Zii at Glaf�itl,. tflil'r , - tiny of . in Ibc Year Of our Lord two tbousand RECEIVED FEB 2 0 2001 ��- �. BUILDING DEPT. ,' MPr o 1. This sulnut+,.rra,s 164-54K i piart;unut R, Rutc. 4 of Ilrc M4mmirinwis Role�tait'ittl f+Y tdtlie. 2. When niole tnaan (stk: defer+tlrnt it; tttN-tIA'ad, the aratnten arttli defowinnts ttimum tTpptmr in the ca}uittrt, 1r4j'v4)vtatr riunTll"" i,4 liggd fisc• t)a{ch ilefrikh. tit, each should hL, ial imsqed to the purti4uter dorandant. V w PROOF OF SMICE OF PROMS I hereby co ify and mtnrn thl►t ofl 120 , I sesv:d a copy of the within summons, together with a copy of the complaint in this W iM upon the within -named efendimi, in the following manna (see Mass. R. Civ, P. 4 (#) (1 -S): nates: , 20 N.B. TO PROCESS SERVER4- PLEASE PLACE QM YOU MAKE SERVICE ON DBFENDANT IN TIUS BOX ON T �C� MMAL AND ON COPY SES IN G y u a Commonwealth of Massachusetts County of EsseX The Superior Court CIVIL DOCKET# ESCV2001-00336-C Windkist Equestrian Centre inC e"l vs. Town of North Andover, aereld A Brown. Inspeotor of Buildings for the Town of North Andover URDER Of NOTiC9 To the above-named Defendant: you ARE HEREBY NOTIFIED that eppkation has been mode in said aCUOM as appears in the complaint, far Declaratory Relief and that a hearing upon such request will be hold at the court house at said EsseX, on 02/2212001' A.D. at 02:00 PM Irl CtRm 1 (Lawrence)o at which lime yoj may appear and show ceruse why suCh relief ..should not be granted. Wmess, aNterd J. Rouse, Esquire, Chief JustlCS of the SUperior Court, at !Lawrence, Massachusetts this I Sth day of February, ........................ 11...a...... ,...,.....,.,a..................... .. Cierk }RETURN Essex, ss. Date, ............:,:.:::,:.... I hereby certify and return that on ........................•..... t s9nr1d a copy of the within summons, to8e#wvfta W" 0j the C nplat In thIs act in, upon the wtt'hin- nsmed defendant, in the following manner {see Mass.R.Civ.P. 4(d) (1-5): a„eve,,,k a.,ysa 411d5l ".Soto ovikkoii CON1MONWL LTH OF MASSACHUSETTS E -%w c, SS Wircdkist Equestrian Centre, Inc:., and patricirt A. Lambert, TrusW of Windkist Family Trust, Plaintiffs vs. Town of Nom Andover and Gerald A. gown= Tnspectofr of Builditt, Tom of North A.ndoVer Deflants Superior Court CA #C)-7 FILED IN THE SUPERIOR COURT FOR THE COUNTY OF ESSEX FEB 16 ZM7 VERgi3 Ct3beLAINT FOR Dpi ARATDRY IUD GN El!T'i . CLERK KI WindkLqt Equest4An CerttM hm. (Windkist) Is a MaLuchusetta cu;:p xxdon with a usual pkm;d of buWnemgt 125 Wiz►dlcist Farm Road, Nmffi Andover, it is in the businm of pruviding ft ting boraas and boarder borscs. It ot=lpics a inme facWty wWch includes an indoor ftug Mena. - fi" stalls and gree spamnents. 2. Fatrisia A. LmnbeM Esq., is the Prc idsstt and A DirectorafWitddsL She is the sale trustee of windkist Family Trust. The oust owns the rest estate kcWA at 12.5 W AkiA Farm Itosd in North Andover. The Plaintiff. Wndi ist opetaw the militia loomed on The to estate. The real COft and facilities consist of approximaielY sixteen aMs, wbich Wt dedicated to qocultml use pursuant to G. L. Chapter 61A. a:td G. L. Chapter 128. AVicultan,use is exe"pted from zoning requirements. (D. L.. Cbl 40A, Section 3.) 3, The -town of North.Andover is duly inumpvrated under the laws of the Commonwealth Gerald A. gown, is the inspector of Buildings for the Town. ofNorh Andover. INTROD—UMM S, in Dooember the plaintiffs submitted an application for a permit to +*nstruct a second hidoor riding, facility on tha preYzti s The Defendants have refused to issue a building permit, contending th*t the Pi"ffs are requirad "tv file for a Site Plan Review,•special permit through the Planning Board -l' The Defendonts have iguo!red the Mmptibns provided fn iteral Dawe, Chapter 4" The Commonwealth of Massachusetts, Executive Offmet of ronmetM Affairs, Depat`ttnent of Agricultural Resources, ott February 12,2W eharactet�raed the Demmdaut's requktmimt fir a special permit as "not appropriate" for an afficu t" mum 6. Gn or about Decetnbcr 18, 2006 plaintif& submitted a completed .3ermit application to the building bWOOW of the Town of North Andover to construct a prefabricated indoor arena on the pwp rty, The Richton of ttte building was sbown in an approximate location on an existiisg plan of the property. The btiildm' g it C%O r refused to t the �pplicaott, 7. Therem1w the 1wikUng inter gave Plaintiff a stop work order- for the work boing done on tim towidation for the ams. The stop work order did nct specify convedve action to be tsken in order to have the stop work order IIM as r quitred by the State Building code. 780 CMR. 8. Incident to servlr Plaintiff ' with a stop work order, the Defendant Brown, on Or abM Uaa=W 1$, 2007, in art inebriated staff, appmed at the site and orderod all the Vvttrkmen off the pVp Irty, ordered all equipment of any kind off the property despite tbv fact that work was being done in another location on the property. 11rown cursed at the assembled workmen in the presence of the boarders and riders present at the facility. Brown was so abusive that a near altercation arose with several of the workmen and the police were called. Thereafter on two Owasions, plaintiff Lambert attempted to submit a plan to the Town which the Town refused to accept. Finally on peeember 29, 2006 jhr. town accepted the permit applicadon end requested a ,review with the Plaintiff. At tht review repmsentatives of the several boards began questioning items whicli were unrelated to the permit application, sugpsting dW items would have to be done wldch bore no relMlOn to the new building. 10, On or about January 30, 2007, representatives of the town "vMd to the Plaines a 1oer requiring that the Plaintiff follow site plan review special permit procedures. The pylem =d= included with the letter provided the positions of thy; various depuMnents tative tea s "site pian review" wMout consideration of any excep tions fot agricuhural use and also inciudins aadttional requirements unrated, to the new building, which ,Additional material was designed to intimidate and discourage Pla miff from undvIaking ate work on the site. A copy of the letter is attached and marked 'Exhibit A. A copy of the Memorandum is att&&Cd and marked Exhibit B. A copy of tr a Town Counsol's letter is attaeW and marked as Exhibit C. 11. The hearth department, althou&h admitting that the building does not pose any public health issue then proceeds to question the sanitary facility of the todsting barn and apartments as well n; to question licensing to conduct summer camp as advertised on the farm's "web 1°''. 13. The Fire Marshall hes rewired a fire sprinkler spm "undcr the provisions of G. L. Ch. 158 section 26 G." G. L, Ch. 148, Section 26 o specifically providl:s "This section shalt nut apply to buildings used for agricultural purposes as defined in section one A of suer one hundred and twetlty-eight " The'f'owrt's rcqu'mtnent 11"s clearly been mandated in violation of -statute and is calculated to impose and unleAW and arbluwy eonomic burden on the Plaintiffs. I The conwrvation comMission, although admitting no pernzlts are n:quired from the t ` had "Wrd of several rommisaiom for the arona, Mtinues that the �� sompisints of tbeWrgeamount of fill to the rear of the property,.." and wants to stave follow up documentation for filling vMch Plain' is dam in an unrelated am of the property - 14, PiaitdtW has obtaited a lotto for t%e value of the indoor !rims and is Cut mfly Rayf� lut on the It The bawng is ready far delivery. Plsintiif is losing rVrenue on a weekly basis by not bSvW rho addiflons 1$dm' f'aeili - f 5. Thevef aA of the Town to grant the building }-snit mares the statures of the C,OmMnvmdth tfMassaalrusetts. See Department of Agiauttvxal Resourm letter dated February 12, 2()07 WWjWd as Exhibit D. NVHEREFQRE Plaintiff Frays that this Honorable Court issue the following orders: l . Issue a short order of notice to the ilefendents ToW r of 11 Orth A,ndovsr and t3erald Brown, lnspeetor of Buildings to show cage why a special Permit is toquired. ,. CYramt a WWy trial on the merits. 3. IMue a declaratory judgrnerti declaring that a Site Plan► Review, spedal permit is tOMMUNITY oIVILOP t NT oivistoN &hiding t"midies health Plaroiag ZWOI MEMORANDUM 110 Chas sttbMUM a X19 PWM appOMWO for oalLgh +pian of if mor — rWfi try at Vh*dft Fum.I hM 2ed ir�ra ton f ari v" depettimerlts ao 00 ftt wtrm a bull un ndhtg of rA�t Inlbrmagon � regt�d r es Woo " ft nppperarrt 1W TmW too prior tD The R$bwNtg aftie was kft Wm swept ttte *st b for tte a nsm tufty GFpgAs— ort end theoartd b anamt that mey needto be u ntipiftil at ttl prapregt tp e7tSWe farm is �tMtl1 i a11d Staibe+ �. �, �lppiloatiort r�ert�. Tom CmmW fres steed tit m can remoneW FeWSft a rw ag%WUW mrLcuM t 1re*tdes recia" that ft fi &w the Sibs Phut ReAm gmJd permlt proaed m (samtoo. 7M Sh Flo as Raw � Is ft first s" wid Haat be mpoeted prior to tuft'Ve appkatim iS fbr tM WOUMon of an S3W SP bam%tndvar Ading fly. ]h 8=rdance with the Bylaw, 8.3. (a), d+erneiopmertte ft r+ a 11 Site Purl PAvkW spepai pmnit are: Tete appbmtt wIi Pett to fie+ fbr a Sft Plan Renew spealal pm* 0mugh the planning wand t atud4a t&" OMood 3fraet, NOT* Andovet, MossaChatetts 04843 hone 418.0.9531 Fax 4711AILM2 Wrb www,tc*oifa Mm4devor.com pmpaW ova. Pabift Lambert W New trigiand Er4neen9 w Anuary 1$6 2006, No further CIM. eopw ce 1w begirt received "*= dw. (s" a id Wter)a To address the b$M and corm, S regadriggroundweterdischow and the septdc Webem, ft owm must Wre a MA and PL AndoYiP$ lmr*W Ilde V septic Im pectDr to taDtl url and kq)e on of the erttlre side and submit the mon report The i ,or must Identify au pipes ftm die fadlity tt>a►t are and for transporting water Wft the ground. D'= idem ed WwgC farts or prop' perrnitltrtg must be pursued as regstlred by 14A laws and regulations. A proper' arft kdw A be fortdwombV to tlsr PMWV owner. IM web, Page %ft Uld affffsl' tamps are availabiL A llomve tip operate is needed t0 ooridud smmtr • In order to most kW and regutatis a txmoftd apokWan is due an May 1, 2007. 110 State mgtbdw 105 CMR 430. a. Apppeatlan lW4ur�emt ' Regoft do p mpawd bar"filY, the sWxWm most have a dre spvdder system wed under the prvAd" of Mass. Gen hint C*pW 148 SWIOn 26 G (Mdm4. Itm sltauld abo be a t'r +detelort and alarm rtotdit atton sygwn lri MAW to nWy owjpates & a ft to the SMOM 'these pts %void be ft$W M M CMR Jute 9:00 - the Staff aLdwLqg Code. U AdMWW CxvvW arae kWOMW belga►. Cottoettte mp*o die mdAV strudum TW Fke Ortrttent bases its aat cern an sit Vy and rdies on Aepftm 9AMW In the Std Fh ftte dm dole 527 CMR,. CnMMWVATMO R"K*V !fie prep d bares fsdMy, no pertstits ata VM&W fir m the [.onsarrvardnrt twmr iowL A maps Wkaft that wedartd resoj= areas we gredW than 100 feet away fMm to prop, -1 vvo L 'therefore, the Omw vatlan Corm degoa does not have Neon. b. AddOrm1 eomoerrts ve MenpAed below. C auermon Doxbwt hers had mmd tf semW t atnphfts of Ov tame SMMM of fW to the nw of the prcwW. In one doomw4ed lnddent; tide M wart obseted to hm mlg►atW dt kvn gradtr * Uwm* the Andmw Spurtsntm % Club =aft erosion, posses► hVMMng dMM graft remume arty DO appfant dMW o x t d the D%rt tart so off an walk the Vropetty to =swe that mabslW atom ft sRe do not pose an erm*m threes to reources that aft dw the avurvadoon � wWtd +p d=ener�ton thmay Mme• fur ddfloe vvW be wMWAe to &=a this at yaw oonvwftnae. a 1. ncdn Oft, Town Piamter ~ 1 Fire Chid' Aftn MdWr Omerv&an A&Wddmtw Susan swovwl Pubk Hpab Gii4.vtv A� 1600 Digaed Street, North Andover, Maisechesert: 0.845 Phew* 911.680.9581 Fox 970.b86.9S43 Web www.toweolnarthandover.tom I Uita US & FIE MUP11 W 155 FEDERAL STRUT l mN, MAsswcttusttM 0.1110-17,27 TKOMAS J. t)RaELIS Telephone 617-338-22(V c edit IjU& ui bwxam Tek *er s t 7-3J"I22 January 19.2007 Mr. Curt Bellaysnce Town of North Andover 1600 Osgood Street N, Amlovor, MA 01345 R.B. VAVDti~W Fri Deaf' Curt.' 0 Andra a Tetwhan , 97814?5-5; You have advised us of the following facts: Windkist Pvm is a horse farm in North An&wer and the owners are building a new 60 x ISO foot bm. They claim that ftbM is not subject to thet zaniog-bylaw WCMe,a ultt l -t are pg%mg and a• harse, farm fans under that type of use. 7U par is appt+oxftn*JY 1S.S acres, attd,the z m* i� district -lis Residential 2. You believe that tPtey need to go to the PIMU ng ward for site plan review pursuant to Section 8.3.2(a) of the Zoning, Bylaw. F1 The Massachusetts Appeals Court case of Edme Zonfile 33oar -of A peatla of Nprwell. 42 Msss, Appt- Ct. 7.06 (1997) eddr the ism of v,h.-.ther tater riculturstl exemptiatt :n C.!., !.. ch. 40A, §3 applied to new structures as well as to ax_ isfi structures. in concluding Chat reasonable regulations coWd be applied to the new Structure. the Cowt stated: '1G.L. ch, 40A. §31 did not preclude local regulation of a proposal for new fhm structure,. moreover, because the local regulation of - new "structum may adversely ai-d improperly RMOt the ROCultural use of the land, only regulations that are "easonable maybe permi;_.ed in order to *Sum no materidittliminution of the protection provided by § 3 for the continued use of agricultural land, c DEVAL L. AMM oar ,13060crm MMAY u0sonw t *MEMO Febrmy 12 2W Ott{ foRtd1LNN MA Fax-BIT-M-iM TM3 COMMCWW ALTH OF A AS SACHUM' I DOPLItmott Of A ricultusaI 251 Comft w Fleet, Wte 500, Booton, MA, 02114 617-626-1700 bx 617-62&1850 www.11 am,j nv/At1R W Patoiab4 Lambed Va pl Equoylon Cam% hic= 125 W%dkWFfm Fared Nm* ��o or. MA 01845 Feb 12 2001 05:OOpm P0021003 IAN iov4 E6 SOMMMY � frembeat; Y ant ie•ievak t aid yaw kftr &= to o bmf VqpftubM otNott Andarer aW -Wgdd mgp# the based on tba d rs-dt do farad in M Im"m Gdaw W Low ter 12A and 40A, *e S%a Tim Reviver gpdai knit the 'lite Tdit refts W tore StM Mdit oode 60M CML 780 CWR2 W Om nod d Loa tea AtOnfi� c m m end � #aad id Wit, t2k qecdm i A k � I'm of asmubma TW 409ddm tx rugNITN)ws Sec.da4 M'Fan!W or ShOU WUft ft=bg in dlof ft btaWhw and the ct%2nard Map bf to sail, dao, the per, atrltivatioo, VWM gad btmbg of my @Ovlbnvk aatacdbmd, $moi or bm culto .1100, the g:owmg and hnmdi" of ftvg MOM &ad 1=4 *a -Wag of Rve stock inchWh)g ham. So bxopbg of Lorene as a gommadd tmkrVkbi% the-kamiug sold rdWb$ ofpmhw, swim, cafde and O&K domeetiomd mo=Ws used Por food s, bwr,, - einrg admals, and any+ fb=- t; or I=bming c sa L% puff med by a fmmerr, wba iss;bmeb y dtfmd as cm amino or aor as bat7ait3 dtfi=d, or on a Om as an #wadg* to or is d 0 w. wi op R%dOl 4 Wduft prapt UIM for ma &94 delitvexy tD or #�+ market o�c to c�ricrs 1� �aoor to aaatcvi. �ettat� added? As a��au aee from ti�a bailed �tb�e abav+e da�i�am, t1e�a � �pos�g of 6eocses 3e da5ned by im agrtm#wl;:. 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No addNonW hearts tderttMWil a. Aft Mlew "� brie BWdtltg D"partrftent "JM ;Wftottat dewmet bftn to supper the appkaftL 11w RM&j tg Wonaatlat is reed4 based an CMR 7K in c. der fbr t* Tom to Issue a bang permit ibr fire =*mc*m of the be oor tiding fac RT. CONTROL CONSMl?MON AiFDAW fiom a ik cp*4 r G iDW-9I. REPORT ism a 6osrtsed GnOhvw (in ender to addmss the fotmdetim aW eo om%Mkm in which the amort vu eneded) The amt wM need to Me with the Plaruttrtfl BaW far a Sb Plan ReAm stat persalt prior fro► the isarmm of a bu4ft PSL b. Adft" ftms idertttded. c The web page tuts dot elarulW era aval" A Certab: of MspeWM is rerf" as stalOed In M OIR Table 106 to operift uarn w camps. itmpuUm wotdd bxkxK bM net Wed W6 restroom fadMim a+Applcdhm fie ftM Departrnatt has na hmw r ip the awon tfft indoor riding *gilt 125 m4ftvvdw ar.pubk rest fadll y Rummista an p l ►. As dmn ftn is no pj* Mus IL Addftal lwm am kkaffled berm MO Meir D"rtnsr t hes other eWmithn snot � VA3k 'b*dnot ectlon� at Wln gft th Ha peaor ei rj+ed ares v � ai�a mom* � aM in the A tbatr�,, The ftmadon h*ated tit a maws p% and pmft MWft tw* ftVt have beers ed. Ther tg kwpeftr =dmW dot ha had pmvim* abmved it large temr* rola iod had stra and R v= ft of a sepft t lA DEP regiMbw r+ pwlb far pft mm gm"W Rem no irr Won of is propeehr is lied segue SYStm lbr thls bW ng 41 CMR 310). Amwft to the tate trwrter SW PVVA ; tiff sect dwelk-6 a sou bry age sys�etrt ao fa fhe � , prr�vkled, that by beeausr: of disWrobe w ted woftr4, awm&Mn tb a wmwaga symn is not preamble; t% aww shall PwAd% artd shal maittwn to a sanitary cmMwi, 8 town of age Qft is in ganpitandi wkt 3120 CMR 110W 50"A= DhMW � if &wkwy &%-ap Pleas now that itm Health Departrtt had received and reviewed a skmAloam dispoW pbn kr a pmpamed septic wstem to bemmber of 2ta05. A sew ofdkq*mvat was sere to the J6H 0"d $kou, #cA Andover, Mossock""ll 511,45 phone 978.688.9131 fax 418.888.9382 Web www.towrtorrorthoodever.tom Town of North Andover BUILDING DEPARTMENT Ms. Patricia Lambert Windkist Farm 125 Windkist Farm Road North Andover MA 01845 Re: Windkist Farm Dear Ms. Lambert: January 29, 2007 Please be advised that a Building Permit is required for the construction of a barn/indoor-riding academy in accordance with 780, CMR. Prior to issuance of the Building Permit, the application for the construction of an 8300 sf barn/indoor riding facility, in accordance with the Zoning Bylaw, Section 8.3.2 (a), developments that require a Site Plan Review special permit are: Any new building or construction, which contains more than two thousand (2, 000) square feet or gross floor area... or results in the requirement of five (5) or more new/additional parking space ". You are required to file for a Site Plan Review special permit through the planning Board If you have any questions please call me at 978-688-9545. Sin ely, " J K�- Gerald A Brown, Inspector of Buildings Cc: Curt Bellavance, Director Mark Rees, Town Manager Community Development Division, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofoorthandover.com ntea^ o .,.; �►_ cx...wwww _ COMMUNITY DEVELOPMENT DIVISION Building fonservation Health Planning Zoning MEMORANDUM TO: Gerald A. Brown, Inspector of Buildings FROM: Curt Bellavance, Director' A2 RE: Windkist Farm — Building Permit Application DATE: 2007 The applicant has submitted a building permit application for construction of a barn/indoor riding facility at Windkist Farm. Per your request I have solicited information from various departments so that the applicant will have a full understanding of what information is required by our office, as well as what zoning requirements the applicant will need to address prior to construction. The following criteria was separated into two areas, the first is for the current building application and the second is an assessment regarding additional work that may need to be completed at this property to ensure the farm is compliant with local and State regulations. Lel: a. Application requirements. Town Counsel has stated that we can reasonably regulate a new agricultural structure, which includes requiring that the applicant follow the Site Plan Review special permit procedures (attached). The Site Plan Review application is the first step and must be completed prior to issuing a building permit. PLANNING DEPARTMENT: a. Application requirements. The application is for the construction of an 8300 SF barn/indoor riding facility. In accordance with the Zoning Bylaw, Section 8.3.2(a), developments that require a Site Plan Review special permit are: "any new build/ng or construction, which contains more than two thousand (2, 000) square feet ofgmss floor area... or results in the requirement offive (S) or more new/additional parking spaces " The applicant will need to file for a Site Plan Review special permit through the Planning Hoard (application attached). 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com b. No additional items identified. BUILDING DEPARTMENT: a. Application requirements. After review of the application, the Building Department requires additional documentation to support the application. The following information is needed, based on CMR 780, in order for the Town to Issue a building permit for the construction of the barn/indoor riding facility: CONTROL CONSTRUCTION AFFIDAVIT from a licensed engineer GEOTECHINICAL REPORT from a licensed engineer (in order to address the foundation and soil conditions in which the foundation was erected) The applicant will need to file with the Planning Board for a Site Plan Review special permit prior to the issuance of a building permit. b. Additional items identified. Camps The web page lists that summer camps are available. A certificate of inspection is required as stated in 780 CMR Table 106 to operate summer camps. Inspection would include, but not limited to, restroom facilities. HEALTH DEPARTMENT: a. Application requirements. The Health Department has no issues regarding the construction of the indoor riding ring at 125 Windkist Fann Road as it is shown on the plans provided. According to these plans there is no public water or public rest room facility provided to this facility. As shown there is no public health issue. b. Additional items are identified below. The Health Department has other concerns regarding the Barn/apartment units and whether public restrooms are available for students attending classes and/or training: Ground Water Discharge Upon inspection at the bam at Windkist Farm, Health Department personnel noted that there was evidence of a recently excavated area in the front of the barn. The observation indicated that a new pipe and possible leaching tank might have been installed. The Building Inspector confirmed that he had previously observed a large rectangle hole and had surmised it was the approximate size of a septic tank. MA DEP regulations require permits for point source ground water discharges. Septic System Records show no indication of a properly installed septic system for this building (CMR 410.300, CMR 310). According to the state codes, the owner shall provide, for each dwelling, a sanitary drainage system connected to the public sewerage system, provided, that is, because of distance or ground conditions, connection to a public sewerage system is not practicable, the owner shall provide, and shall maintain in a sanitary condition, a means of sewage disposal which is in compliance with 3120 CMR 15.000 Subsurface Disposal of Sanitary Sewage Please note that the Health Department had received and reviewed a subsurface disposal plan for a proposed septic system in December of 2005. A letter of disapproval was sent to the 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com property owner, Patricia Lambert and New England Engineering on January 18, 2006. No further correspondence has been received since then. (see attached letter). To address the issues and concerns regarding ground water discharge and the septic system, the owner must hire a MA and N. Andover licensed Title V septic inspector to conduct and inspection of the entire site and submit the inspection report. The inspector must identify all pipes from the facility that are used for transporting water into the ground. Once identified corrections or proper permitting must be pursued as required by MA laws and regulations. A proper order letter will be forthcoming to the property owner. Camps The web page lists that summer camps are available. A license to operate is needed to conduct summer camps. In order to meet local and State regulations a completed application is due on May 1, 2007. The State regulation 105 CMR 430. FIRE DEPARTMENT; a. Application requirements. Regarding the proposed bam/riding facility, the structure must have a fire sprinkler system Installed under the provisions of Mass. Gen Law Chapter 148 Section 26 G (attached). There should also be a fire detection and alarm notification system installed to notify occupants of a fire in the structure. These provisions would be found in 780 CMR Article 9:00 - the State Building Code. b. Additional concerns are identified below. Concerns regarding the existing structures. The Fre Department bases its concern on safety factors and relies on Regulations outlined in the State Fire Prevention Code 527 CMR. CONSER"n-ON DEPARTMENT: a. Application requirements. Regarding the proposed barn/riding facility, no permits are required from the Conservation Commission. Aerial maps indicate that wetland resource areas are greater than 100 feet away from the proposed work. Therefore, the Conservation Commission does not have jurisdiction. b. Additional concerns are identified below. The Conservation Department has had record of several complaints of the large amount of fill to the rear of the property. In one documented incident, this fill was observed to have migrated down gradient towards the Andover Sportsmen's Club causing erosion, possibly Impacting down gradient resource areas. The applicant should contact the Department so staff can walk the property to ensure that materials from the site do not pose an erosion threat to resources that may exist down gradient from the property. Although the condition of the site may be good, the conservation department would like to have follow-up documentation for their files. Our office will be available to discuss this at your convenience. C: Uncoln Daley, Town Planner William Dolan, Fire Chief Alison McKay, Conservation Administrator Susan Sawyer, Public Health Director Kri 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9531 Fox 918.688.9542 Web www.townofnorthandover.com THOMAS J. URBELIS e-mail 1ju((t'uf-law.com Mr. Curt Bellavance Town of North Andover 1600 Osgood Street N. Andover, MA 011845 RE: WINDKIST FARM Dear Curt: URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET. BOSTON, MASSACHUSETTS 02 110- 1727 Telephone 617-338-2200 Telecopier 617-338-0122 January 19, 2007 AndoNer Telephone 978-475-1552 You have advised LIS of the following facts: Windkist Farm is a horse farm in North Andover and the owners are building a new 60 x 150 foot barn. They claim that the barn is not subject to the zoning bylaw because, agricultural uses are exempt,. and..a- horse, farm falls under that type of use. The parcel is approximately 15.6 acres, and. the zoning district is Residential 2. You believe that they need to go to the Planning Board for site plan review pursuant to Section 8.3.2(a) of the Zoning Bylaw. The Massachusetts Appeals Court case of Prime v. Zoning Board of Appeals of Norwell, '!2 Mass. A -pt. CA. 796 (1997) addressed the issue of .,hether the agricultur-al exemption :,nC. f.. • ch. 40A, §3 applied to new structures as well as to existing structures. In concluding that reasonable regulations could be applied to the new structure, the Court stated: " [G.L. ch. 40A, §3) did not preclude local regulation of a proposal for new farm structures; moreover'L because the local regulation of - new -structures may adversely and improperly affect the agricultural use of the land, only regulations that are reasonable may be permitted in.order to assure no material; diminution of the protection provided by § 3 for the continued use of agricultural land. s ' wp5I \work\n-andove\coiresp\beilavance.ltrMoc URBELIS & FIELDSTEEL, LLP January 19, 2007 Page 2 [T]he local regulation "must bear a reasonably direct relation to significant considerations of public health, morals, safety, and welfare, based on findings justified by substantial evidence." [T]he application of a by-law to a new agricultural structure - either by denying arbitrarily any required permit or by imposing unreasonable conditions upon its issuance - is inconsistent with the § 3 guaranty of protection of the use of land for agricultural purposes; unless the permit application is a sham intended to conceal an unlawful purpose, § 3 precludes that result and requires the board to consider an application for the permit. "In other words, the application of the by-law ... [may not] nullify a protected use." Absent these settled exceptions, bona fide proposals for new structures may be reasonably regulated, and a special permit may be reasonably required. The provision of § 3 precluding a requirement of a special permit for existing agricultural structures remains intact." Please call if you have any questions or if there is anything else that you need. Very truly yours, / /(41.4 Thomas J rbelis TJU: kmp cc: Gerald Brown Mark Rees Town of North Andover Planning Board Check List for Site Plan Review Procedure and Requirements for Filing an Application for Site Plan Review The following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Planning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Bylaw and is not meant to supersede them. • Step 1: Pick up application package: The petitioner picks up complete application package and Zoning Bylaw to reference specific requirements of special permit. • Step 2: Special Permit Application Form: Petitioner completes (3) copies of the application form. All information as required shall be completed. • Step 3: Plan Preparation: Petitioner submits all of the required plan information as cited in section 8.3 in the North Andover Zoning Bylaw. The following information must be either shown on the plan or described as part of the written documentation: a) North arrow/location map b) Survey of the lot/parcel c) Name/description of project d) Easements/legal conditions e) Topography f) Zoning information g) Storm water drainage plan h) Building (s) location i) Building elevation j) Location of parking/walkways k) Location of wetlands 1) Location of walls/signs m) Location of roadways n) Outdoor storage/display areas o) Landscaping plan p) Refuse areas q) Lighting facilities r) Drainage Basin Study s) Traffic Impact Study t) Commonwealth review u) Utilities v) Fiscal Impact w) Community Impact • Step 4: Submit Application: Petitioner submits (3) typewritten applications time stamped by the Town Clerk, ten (10) copies of the plan 1" = 40' prepared by a Registered Professional Engineer or Land Surveyor, abutters list certified by the assessors office and filing fee's. • Step 5: Submit Filing Fees The petitioner submits two separate checks for filing fees in the following amounts. 1. Special Permit Application Fee- $400 plus 7 cents per sq. ft. gross floor area) 2. Outside Consultant Fee — based on square footage of project Step 6: Mail Application to Outside Consultant The petitioner mails a copy of the plan and application to the outside consultant for review at: Vanasse, Hangin, Brustlin, Inc. Attn: Tim McIntosh 101 Walnut Street Watertown, MA 02471 Step 7: Notification of Parties in Interest: Petitioner submits a complete abutters list to the Planning Department and the Planning Department sends out the legal notice. Petitioner also submits two complete sets of stamped, self-addressed envelopes, indicating Planning Board, 27 Charles Street, North Andover, MA 01845 as the return address. Additionally, (22) (twenty two) .37 postage stamps must be submitted for notification of the surrounding communities. • Step 8: Legal Notice: The Planning Department prepares the legal notice for mailing to the parties of interest (abutters) and for publication in the newspaper. The petitioner is responsible for delivering the legal notice to the newspaper. • Step 9: Public Hearing before the Planning Board: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Planning Board shall decide on the matter by using the information it has otherwise been provided. • Step 10: Decision: After the hearing(s), a copy of the Planning Board's decision will be sent to the petitioner, engineer and all parties in interest. (Any appeal of the Planning Board's decision may be made pursuant to Massachusetts General Laws Ch. 40A sec. 17 within twenty (20) days after the decision is filed with the Town Clerk.) • Step 11: Recording Certificate of Decision Plans The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of recording form and forward it to the Planning Department. Important Phone Numbers 978-688-9535 Planning Department 978-688-9542 Planning Department's Fax 978-688-9501 Town Clerk's Office See Section 8.3 of the North Andover Zoning Bylaw for more detailed information Town of North Andover Planning Board Please type or print clearly: 1. Petitioner: Address: Telephone Number: 2. Owners of the Land: Address: Telephone Number: Number of years ownership: If applicant is not the owner, please state interest in property: 3. Request for a Special Permit under Section of the North Andover Zoning Bylaw to 4. Location of Property: Zoning District: Assessors: Map: Registry of Deeds: Book #: 5. Existing Lot: Lot Area (Sq. Ft): Street Frontage; Font Setback: Floor Area Ration: 6. Proposed Lot (if applicable): Lot Area (Sq.Ft.): Street Frontage: Front Setback: Floor Area Ratio: Lot # Page # Building Height: Side Setbacks: Rear Setback: Lot Coverage: Building Height: Side Setback: Rear Setback: Lot Coverage: 7. Required Lot (as required by Zoning Bylaw); Lot Area (Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Existing Building (if applicable): Ground Floor (Sq.Ft.) Total Sq. Ft.; Use: 9. Proposed Building: Ground Floor (Sq.Ft.) Total Sq. Ft.; Use: # of Floors Height: Type of Construction: # of Floors _ Height: _ Type of Construction: 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? If so, when and for what type of construction? 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name here: PROJECT REVIEW FEES Preliminary plan, modification of a Preliminary Plan, Modification of a Definitive Plan, or Modification of a Special Permit shall require the following initial Project Review Fee: Project Size Fee 2-15 lots/units $2,000 16-20 lots/units $3,000 21-25 lots/units $4,250 More than 25 lots/units $5,000 Definitive Plan shall require the following initial Project Review Fee: Project Size Fee 2-15 lots/units $4,000 16-20 lots/units $6,000 21-25 lots/units $10,000 More than 25 lots/units $12,000 Special Permit shall require the following initial Project Review Fees: Project Size Fee Less than 10,000 square feet $2,000 10,000-30,000 square feet $3,000 30,000-50,000 square feet $4,000 More than 50,000 square feet $5,000 Depending on the complexity of issues presented, additional fees may be required. PART I. ADMINISTRATION OF THE GOVERNMENT TITLE XX. PUBLIC SAFETY AND GOOD ORDER CHAPTER 148. FIRE PREVENTION Chapter 148: Section 26G. Nonresidential buildings or additions; automatic suppressant or sprinkler systems Section 26G. In any city or town which accepts the provisions of this section, every building of more than seventy-five hundred gross square feet in floor area or every addition of more than seventy-five hundred gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code; provided, however, that in the case of said addition, such an adequate system of automatic sprinklers shall be installed in said addition only. No such sprinkler system shall be required unless sufficient water and water pressure exists. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub -basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. This section shall not apply to buildings used for agricultural purposes as defined in section one A of chapter one hundred and twenty- eight. In such buildings or additions, or in certain areas of such buildings or additions, where the discharge of water would be an actual danger in the event of fire, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building when such rooms or areas are protected with an automatic fire alarm system. Sprinkler systems shall not be required in a one story building having a fire resistance rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fine alarm system. Sprinkler systems shall not be required in open-air parking structures, defined as: buildings, structures, or portions thereof, used for parking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each level, utilizing at least two sides of the structure. This section shall not apply to buildings or additions used for residential purposes. The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six. CHAPTER 148. FIRE PREVENTION Chapter 148: Section 28. Regulations to prevent fire hazards and fires Section 28. The board shall make such rules and regulations, and the head of the fire department shall make such orders or rules not inconsistent therewith, as may be necessary to promulgate a comprehensive fire safety code for the following purposes: (1) to prevent or remedy any condition in or about any building, structure or other premises or any ship or vessel which may tend to become a fire hazard or to cause a fire. (2) to provide adequate safety requirements for the protection of the public in the event of a fire in or about any building, structure or other premises or any ship or vessel, including the regulation of fire drills for theaters, schools, hospitals and elderly housing complexes. (3) to provide for the safe storage, use, handling and manufacturing of corrosive liquids, oxidizing materials, toxic materials or poisonous gases. } � 4 SA, �?': Yra,,' itA 9 �.. !.. F :1m r �' aF , 'r µ �I }( ..� `1 v6 I �• k" `s I 2� 5 I �'''A`a'$ t•y # i7 �, k �'•.�' �fN �f n r< ..fig Gr " lt f rw Pon ry `' t,.i k x,�.i b th �; f. 5 I, Sa 3 •iK' #�' sr°k'"$ir II �, a� f s 'q AIN ': (y 5 '.{�� s-.t '�t� :t&. a9�'>p4,s„ ,�' ��41 ��r�3,,:i � .F� ��"�� �� �r �4��, �,�i�'� �,(��r'` -.�,,. • �il. H ��� '1III FA 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 114.3.1 Fee schedule: A fee for each plan examination, building permit and inspection shall be paid in accordance with the fee schedule as established by the municipality. 114.4 Accounting: The building official shall keep an accurate account of all fees collected; and such collected fees shall be deposited in the jurisdiction treasury in accordance with procedures established by the municipality, or otherwise disposed of as required by law. 780 CMR 115.0 INSPECTION 115.1 Preliminary inspection: Before issuing a permit, the building official shall, if deemed necessary, examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy thereof. 115.2 Required inspections: After issuing a building permit, the building official shall conduct inspections during construction at intervals sufficient to ensure compliance with the provisions of 780 CMR. The building official shall inform the applicant of the required points of inspection at the time of application. Upon completion of the work for which a permit has been issued, the building official shall conduct a final inspection pursuant to 780 CMR 115.5. A record of all such examinations and inspections and of all violations of 780 CMR shall be maintained by the building official. For buildings and structures subject to construction control, the owner shall provide for special inspections in accordance with 780 CMR 1705.0. In conjunction with specific construction projects, the building official may designate specific inspection points in the course of construction that require the contractor or builder to give the building official 24 hours notice prior to the time when those inspections need to be performed. The building official shall make the inspections within 48 hours after notification. 115.3 Approved inspection agencies: The building official may accept reports of approved inspection agencies provided such agencies satisfy the requirements as to qualifications and reliability. 115.4 Plant inspection: Where required by the provisions of 780 CMR or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication in accordance with 780 CMR 1703.3. 115.5 Final inspection: Upon completion of the building or structure, and before issuance of the certificate of occupancy required by 780 CMR 120.0, a final inspection shall be made. All 24 variations of the approved construction documents and permit shall be noted and the holder of the permit shall be notified of the discrepancies. 115.6 General: In the discharge of his duties, the building official shall have the authority to enter at any reasonable hour any building, structure or premises in the municipality to enforce the provisions of 780 CMR. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation or premises where inspection authorized by 780 CMR is sought, the building official, or state inspector may seek, in a court of competent jurisdiction, a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and justification for it and may seek the assistance of police authorities in presenting said warrant. 115.7 Identification: The building official shall carry proper identification when inspecting structures or premises in the performance of duties under 780 CMR. 115.8 Jurisdictional cooperation: The assistance and cooperation of police, fire, and health departments and all other officials shall be available to the building official as required in the performance of his duties. 115.9 Coordination of inspections: Whenever in the enforcement of 780 CMR or another code or ordinance, the responsibility of more than one building official of the jurisdiction is involved, it shall be the duty of the building officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the building or structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the building official having jurisdiction. 780 CMR 116.0 REGISTERED ARC=C'I'URAL AND PROFESSIONAL ENGINEERING SERVICES-- CONSTRUCTION CONTROL 116.1 General: The provisions of 780 CMR 116.0 define the construction controls required for all buildings and structures needing registered architectural or registered professional engineering services, and delineate the responsibilities of such professional services together with those services that are the responsibility of the contractor during construction. 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS The following structures are exempt from the requirements of 780 CMR 116.0; 1. Any building containing less than 35,000 cubic feet of enclosed space, measured to the ex- terior surfaces of walls and roofs and to the top of a ground supported floor, or in the case of a crawl space, to the bottom surface.of the crawl space. In the case of basement floors or levels, the calcula- tion of enclosed space shall include such spaces. 2. Any single or two family dwelling or any accessory building thereto; 3. Any building used exclusively for farm purposes (this exemption does not apply if the building is to be used for large assemblies of people or uses other than farm purposes); and 4. Retaining walls less than ten feet in height at all points along the wall as measured from the base of the footing to the top of the wall. Notwithstanding the exemptions above, professional engineering services shall be required for activities which are deemed to constitute the practice of engineering as defined in M.G.L. c. 112, § 81D, except as provided in M.G.L. c. 54A and any legally required profession or as provided in M.G.L. c. 112, § 81R 116.1.1 Specialized structures requiring construction control: Telecommunication towers and similar structures are engineered structures and shall be subject to the requirements of 780 CMR 116. 116.2 Registered architectural and engineering services: 116.2.1 Design: All plans, computations and specifications involving new construction, altera- tions, repairs, expansions or additions or change in use or occupancy of existing buildings shall be prepared by or under the direct supervision of a Massachusetts registered architect or Massachusetts registered professional engineer and shall bear his or her original signature and seal or by the legally recognized professional performing the work, as defined by M.G.L. c. 112, §81R. Said signature and seal shall signify that the plans, computations and specifications meet the applicable provisions of 780 CMR and all accepted engineering practices. 116.2.2 Architect/engineer responsibilities during construction: The registered architects and registered professional engineers who have prepared plans, computations and specifications or the registered architects or registered professional engineers who have been retained to perform construction phase services, shall perform the following tasks for the portion of the work for which they are directly responsible; 1. Review, for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the ADMINISTRATION contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code -required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become, generally familiar with the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. 116.23 Structural Tests and Inspections: Structural tests and inspection shall be provided in accordance with 780 CMR 1705.0. 116.2.4 Tests and Inspections of non structural systems: Tests and inspections of non structural systems shall be performed in accordance with applicable engineering practice standards or referenced standards listed in Appendix A. 1163 Construction contractor services: The actual construction of the work shall be the responsibility of the general contractor as identified on the approved building permit and shall involve the following: 1. Execution of all work in accordance with the approved construction documents. 2. Execution and control of all methods of construction in a safe and satisfactory manner in accordance with all applicable local, state, and federal statutes and regulations. 3. Upon completion of the construction, he shall certify to the best of his knowledge and belief that such has been done in substantial accord with 780 CMR 116.3 items 1 and 2 and with all pertinent deviations specifically noted. 116.4 On site project representation: When applications for unusual designs or magnitude of construction are filed, or where reference standards require special architectural or engineering inspections, the building official may require full- time project representation by a registered architect or professional engineer in addition to that provided in 780 CMR 116 2.2. The project representative shall keep daily records and submit reports as may be required by the building official. Upon completion of the work, the registered architect or professional engineer shall file a final report indicating that the work has been performed in accordance with the approved plans and 780 CMR- 116.4.1 MR116.4.1 Building permit requirement: This on- site project representation requirement shall be determined prior to the issuance of the building permit and shall be a requisite for the permit issuance. Refusal by the applicant to provide such service as required by the building official shall result in the denial of the permit. However, the applicant may file an appeal as provided in 780 CMR 122.0. 2/20/98 (Effective 3/1/98) 780 CMR - Sixth Edition 25 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 780 CMR 109.0 APPROVAL 109.1 Approved materials and equipment: All materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 109.2 Used materials and equipment: Used materials, equipment and devices which meet the minimum requirements of 780 CMR for new materials, equipment and devices shall be permitted; however, the building official may require satisfactory proof that such materials, equipment and devices have been reconditioned, tested, and/or placed in good and proper working condition prior to approval. 1093 Alternative materials and equipment: 1093.1 General: The provisions of 780 CMR are not intended to limit the appropriate use or installation of materials, appliances, equipment or methods of design or construction not specifically prescribed by 780 CMR, provided that any such alternative has been approved. Alternative materials, appliances, equipment or methods of design or construction shall be approved when the building official is provided acceptable proof and has determined that said alternative is satisfactory and complies with the intent of the provisions of 780 CMR, and that said altemative is, for the purpose intended, at least the equivalent of that prescribed in 780 CMR in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with specific performance based provisions of 780 CMR, in lieu of a prescriptive requirement shall also be permitted as an alternate. 109.3.2 Evidence submitted: The building official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the proposed alternate. 10933 Tests: Determination of acceptance shall be based on design or test methods or other such standards approved by the BBRS. In the alternative, where the BBRS has not provided specific . approvals, the building official may accept, as supporting data to assist in this determination, duly authenticated engineering reports, formal reports from nationally acknowledged testing/ listing laboratories, reports from other accredited sources. The costs of all tests, reports and investigations required under these provisions shall be bome by the applicant. 1093.4 Approval by the Construction Materials Safety Board: The building official may refer such matters to the Construction Materials Safety Board in accordance with 780 CMR 123.0 for approval. 11/27/98 ADMINISTRATION 780 CMR 110.0 APPLICATION FOR PERM 110.1 Permit application: It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by 780 CMR without first filing a written application with the building official and obtaining the required permit therefor. 110.2 Temporary Structures: 110.2.1 General: A building permit shall be required for temporary structures, unless exempted by 780 CMR 110.3. Such permits shall be limited as to time of service, but such temporary construction shall not be permitted for more than one year. 110.2.2 Special approval: All temporary construction shall conform to the structural strength, fire safety, means of egress, light, ventilation, energy conservation and sanitary requirements of 780 CMR as necessary to insure the public health, safety and general welfare. 110.23 Termination of approval: The building official may terminate such special approval and order the demolition of any such construction at the discretion of the building official. 110.3 Exemptions: A building permit is not required for the following activities, such exemp- tion, however, shall not exempt the activity from any review or permit which may be required pursuant to other laws, by-laws, rules and regulations of other jurisdictions (e.g. zoning, conservation, etc.). 1. One story detached accessory buildings used as tool or storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences six feet in height or less. 3. Retaining walls which, in the opinion of the building official, are not a threat to the public safety health or welfare and which retain less than four feet of unbalanced fill. 4. Ordinary repairs as defined in 780 CMR 2. Ordinary repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam, column or other loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, mechanical system, fire protection system, energy conservation system or other work affecting public health or general safety. Note: Also see 780 CMR 903.1 (Exceptions 1. and 2.). 780 CMR - Sixth Edition 19 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 5. Greenhouses: A building permit or notice to the building official is not required for the con- struction of greenhouses covered exclusively with plastic film (in accordance with St. 1983, c. 671). (This exemption does not apply if the greenhouse is to be used for large assemblies of people or us- es other than normally expected for this purpose.) 110.4 Form of application: The application for a permit shall be submitted in such form as determined by the building official but in all cases shall contain, as a minimum, the information required on the appropriate sample uniform building permit application forts in Appendix B. The application for a permit shall be accompanied by the required fee as prescribed in 780 CMR 114.0 and the construction documents as required in 780 CMR 110.7 and 110.8, where applicable and as required by other sections of 780 CMR. 110.5 By whom application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either. If application is made other than by the owner, the written authorization of the owner shall accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner's authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Note: It shall be the responsibility of the registered contractor to obtain all permits neces- sary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A. Refer to 780 CMR R6 and M.G.L. c. 142A for additional information regarding the Home Improvement Contractor Registration Program. 110.6 The securing of a building permit by the owner, or the owner's authorized went, to construct, reconstruct, alter, repair, demolish, remove, install equipment or change the use or occupancy of a building or structure, shall not be construed to relieve or otherwise limit the duties and responsibil- ities of the licensed, registered or certified individual or firm under the rules and regulations governing the issuance of such license registration or certification. minor nature. When the quality of the materials is essential for conformity to 780 CMR, specific information shall be given to establish such quality, and 780 CMR shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information. 110.7 Construction documents: The application for permit shall be accompanied by not less than three sets of construction documents. The building official is permitted to waive, or modify the requirements for filing construction documents when the building official determines that the scope of the work is of a 110.8 Engineering Details, Reports, Calculations, Plans and Specifications: in the application for a permit for buildings and structures subject to con- struction control in 780 CMR 116.0, the construc- tion documents shall contain sufficient plans and de- tails to fully describe the work intended, including, but not limited to all details sufficient to describe the structural, fire protection, fire alarm, mechanical, light and ventilation, energy conservation, architec- rural access and egress systems. The building official may require such calculations, descriptions narra- tives and reports deemed necessary to fully describe the basis of design for each system regulated by 780 CMR. In accordance with the provisions of M.G.L. c. 143, § 54A all plans and specifications shall bear the original seal and original signature of a Massachusetts registered professional engineer or registered architect responsible for the design, except as provided in M.G.L. c. 143, § 54A and any profession or trade as provided in M.G.L. c. 112, § 60L and M.G.L. c. 112, § 81R. When such application for permit must comply with the provisions of 780 CMR 4 or 780 CMR 9 or 780 CMR 34, the building official shall cause one set of construction documents filed pursuant to 780 CMR 110.7 to be transmitted simultaneously to the head of the local fire department for his file, review and approval of the items specified in 780 CMR 903.0 as they relate to the applicable sections of 780 CMR 4, 780 CMR 9 or 780 CMR 34. The head of the local fire department shall within ten working days from the date of receipt by him, approve or disapprove such construction documents. If the head of the local fire department disapproves such construction documents, he or she shall do so, in writing citing the relevant sections of noncompliance with 780 CMR or the sections of the referenced standards of Appendix A. Upon the request of the head of the local fire department, the building official may grant one or more extensions of time for such review provided, however, that the total review by said head of the local fire department shall not exceed 30 Calendar days. If such approval, disapproval or request for extension of time is not received by the building official within said ten working days, the building official may deem the construction documents to be in full compliance with the applicable sections of 780 CMR 4,.780 CMR 9 or 780 CMR 34 and, therefore approved by the head of the local fire department. 110.9- Existing Buildings: The application for a building permit to reconstruct. alter or change the use or occupancy of existing buildings or structures 20 780 CMR - Sixth Edition 11/27/98 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.42 Fee and costs: All fees and costs related violations until the. lapse of 30 days after the to the performance of on-site project issuance of the written notice of violation. representation shall be borne by the owner. 1165 Building official responsibility: Nothing contained in 780 CMR 116.0 shall have the effect of waiving or limiting the building official's authority to enforce 780 CMR with respect to examination of the contract documents, including plans, computations and specifications, and field inspections (see 780 CMR 106.0). 780 OM 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to secure the results intended by 780 CMR. 780 CMR 1150 VIOLATIONS 118.1 Unlawful acts: It shall be unlawful for arty Pawn, firm or corporation to use, occupy or change the use or oacupmtcy of any building or svuctwe or to erect, construct; alter, extend, repair, remove, demolish any beiUng or structure or any equipment regulated by 780 CMR, or Cause same to be done, in conflict with or in violation of any of the provisions of 780 CMR. 1182 Notice of violation: The butldmg official shall serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, removal, demolition or occupancy of a btdldAng or svucmm in violation of the provisions of 780 CMR, or in violation of a detail statement or a plan approved thereunder, or in violation of.a permit or certificate issued under the provisions of 780 CMR. Such order shall be in writing and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 1183 Prosecution of violation: If the notice of violation is not complied with in the time period specified in said notice of violation, the building official may institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of 780 CMR or of the order or direction made pursuant thereto. 118.4 Violation penalties: Whoever violates any provision of 780 CMR, except any specialized code referenced herein, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or both for each such violation. Each day during which a violation exists shall constitute a separate offense. The building official shall not begin criminal prosecution for such 1185 Abatement of violation: The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or occupancy of a building or structure on or about any premises. 118.6 Notice or orders, service and content: Every notice or order authorized by 780 CMR shall be in writing and shall be served on the person responsible: 1. Personally, by any person authorized by the building official; or 2. by any person authorized to serve civil process by leaving a copy of the order or notice at the responsible party's last and usual place of abode; or 3. by sending the party responsibile a copy of the order by registered or certified mail return receipt requested, if he is within the Commonwealth; or 4. if the responsrbile parry's last and usual place of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about the premises in violation and by publishing it for at least three out of five consecutive days in one or more newspapers of general circulation wherein the building or premises affected is situated. 780 CMR 1190 SMP WORD ORDER 119.1 Notice to owner: Upon notice from the building official that work on any builolieg or s%ructre is being prosecuted contrary to the provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the- approved construction documents submitted in support of the building permit application, such work shall be immediately stopped The stop work order shall be in writing and shall be giver to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. 1192 Unlawful continuance: Any person who shall continue any work in or about the building or sirucave ager having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than 51,000 or by impriso:t mer:tu for not more than one year, or both for each such violation. Each day during which a violation exists shall constitute a separate offense. 26 780 CMR - Sixth Edition 2/7/97 (Effective 228/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS The following structures are exempt from the requirements of 780 CMR 116.0; 1. Any building containing less than 35,000 cubic feet of enclosed space, measured to the ex- terior surfaces of walls and roofs and to the top of a ground supported floor, or in the case of a crawl space, to the bottom surface of the crawl space. In the case of basement floors or levels, the calcula- tion of enclosed space shall include such spaces. 2. Any single or two family dwelling or any accessory building thereto; 3. Any building used exclusively for farm purposes (this exemption does not apply if the building is to be used for large assemblies of people or uses other than farm purposes); and 4. Retaining walls less than ten feet in height at all points along the wall as measured from the base of the footing to the top of the wall. Notwithstanding the exemptions above, professional engineering services shall be required for activities which are deemed to constitute the practice of engineering as defined in M.G.L. a 112, § 81D, except as provided in MGL c. 54A and any legally required profession or as provided in M.GL c.112, § 811L 116.1.1 Specialized structures requiring construction control• Telecommunication towers and similar structures are engineered structures and shall be subject to the requirements of 780 CMR 116. 116.2 Registered architectural and engineering services: 1162-1 Design: All plans, moons and specifications involving new constnrction, altera- tions, repairs, expansions or additions .or change in use or occupancy of existing buildings shall be prepared by or under the direct supervision of a Massachusetts registered architect or Massachusetts registeied professional engineer and shall bear his or her original signature and seal or by the legally recognized professional performing the work, as defined by MGL c. 112, §81R. Said sigoanue and seal shall signify that the plans, computations and specifications meet the applicable provisions of 780 CMR and all accepted engineering practices. 116..2 Architect/engineer responsrbiilities during construction: The registered architects and registered professional engineers who have prepared Plans, computations and specifications or the registered architects or registered professional engineers who have been retained to perform construction phase services, shall perform the following tasks for the portion of the work for which they are directly responsible; 1. Review, for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the ADMINISTRATION contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code -required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become, generally familiar with the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. 116.23 Structural Tests and Inspections: Structural tests and inspection shall be provided in accordance with 780 CMR 1705.0. 116..4 Tests and Inspections of non structural systems: Tests and inspections of non structural systems shall be performed in accordance with applicable engineering practice standards or referenced standards listed in Appendix A. 1163 Construction contractor services: The actual construction of the work shall be the responsibility of the general contractor as identified on the approved building permit and shall involve the following: 1. Execution of all work in accordance with the approved construction documents. 2. Execution and control of all methods of construction in a safe and satisfactory manner in accordance with all applicable local, state, and federal statutes and regulations. 3. Upon completion of the construction, he shall certify to the best of his knowledge and belief that such Inas been done in substantial accord with 780 CMR 116.3 items 1 and 2 and with all pertinent deviations specifically noted. 116A On site project representation: When applications for unusual designs or magnitude of construction are filed, or where reference standards require special architectural orengineeang inspections, the building official may require fi& time project representation by a registered architect or professional engineer in addition to that provided in 780 CMR 11622 The project representative shall keep daily records and submit reports as may be required by the building official. Upon completion of the work, the registered architect or professional engineer shall file a final report indicating that the work has been performed in accordance with the approved plans and 780 CMR - 116.4.1 Building permit requirement: This on- site project representation requirement shall be determined prior to the issuance of the building permit and shall be a requisite for the permit issuance. Refusal by the applicant to provide such service as required by the building official shall result in the denial of the permit However, the applicant may file an appeal as provided in 780 CMR 122.0. 220/98 (Effective 3/1/98) 790 CMR - Sixth Edition 25 s -0 k SL > o zEnr% « o SCD }§�§m � �� z <m Eƒ0)$ CD m > 0 od �> ■� 0 w < f >q 0 0 § RD 2 C?o 2 I ■ 2 _ -u 0 In ¢ 7 ®002ƒ0 /\ k §eEEE© 0 $ �k,I2IPƒ o ;u -uv n ©D / §7 FR // 0 C, e » 00 k � m . (S7 2 �§8 w .00 $� // } o> .,� x� SS>ea z 3 ..: , � n OR .. 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Ij '.a Y e S` kj 1 f5#P I ) IRZiI 'i� tt tl v Y,J; j 3!DVISOd S(1 I � J j � �YIL/ ti �• J � I OI o T I+ N C O O O N O j, N LL Ln O) 60 as j gsodoeu ir m ,...��� O co ru n- 0 o 0 M o o _ -0 C3 0 �o �4e - w v 9 D AO N, r Qy a k. U o rl Ilk a DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LT. GOVERNOR KEVIN M. BURKE SECRETARY Date: April 3, 2007 IO / C%., 0-1775 (978) 5C7-3:180 6�;x.(S78) 567-3-12/ To: Chief William V. Dolan Fire Department: North Andover Fire Department Address: 124 Main Street North Andover, Massachusetts 01845 NOTICE OF HEARING (Fire Department) RE: Automatic Sprinkler Appeals Board Case: # 07-11 Property location: 115 Windkist Farm Road, North Andover Hearing Date: Wednesday, May 9, 2006 Hearing Time: 9:00 a.m. MAURICE M. Pu.ETTE CHAIRMAN Hearing Location: Room 109, DFS Headquarters, State Road, Stow, MA PAUL DONGA VICE CHAIR An application has been filed with The Automatic Sprinkler Appeals Board for an appeal of your Fire Department's Order to install automatic sprinklers in the building referenced above. Your Department is hereby notified of a hearing before the Board on the date and at the time indicated above. This hearing provides an opportunity for your department to present information to support your Department's determination that automatic sprinklers are required in said building. You should be prepared to discuss the specific details and characteristics of this establishment, including the building use, construction, occupant capacity, layout, floor plan and building classification. The representative of the fire department should submit any official documents containing this information and the basis for your determination. If the enforcement action is based upon a local option law, it is suggested that you provide documentation that confirms that your municipality has adopted said law. It is recommended that all parties review the two enclosed memorandums (dated August 8, 2003 and August 23, 2005), which provide important information about hearings before the Board. If this case involves an order issued under the provisions of M.G.L. c. 148 s. 26G1A, please review the Board's memorandum (dated 1-10-05) found at www.mass. og v/dfs. If you have any questions please call 978-567-3181. `Ihe CommonweaCth of .Massachusetts ecutive Off ce of 1tfir ,Safety .Fire S- a e 0 miss on /automaticSPrin Cer ppeczfs 4arrl i..0 BMC 1025 -,State Road --Stow,: WaS . • _ , _ _ sacfiusetis-017TS ' ('978) 5,67-3i81. Ear. 7s).5,67 3.21 . R'1AURICE M Pu.ErIE PAUL DoNGA VICCE.-IAIIt' MEMORANDUM TO: AH parties to aWeals before the Commonwealth's Automatic Sprinkler Appeals Board FROM: Maurice Pilette,.C;hairman, Automatic Sprinkler Appeals.$oard .. Date: August S, 2(103 ` RE:Stipulations of Facts and Recommended `Dispositioit In order for the Automatic Sprinkler Appeals Boardto facilitate and expedite pending appeals,. the Board strongly suggests that :the parties; communicate with one :another prior to the hearing for the?` purpose of developing stipulations (or facts _that are not in dispute) and/or a recommended disposition' of the case; subject to Ental approval ofthe Board._ It has been the Boards experience -that many cases before it do not involve disputed facts. In clang cases the Appellant agrees that the subject building_ is subject to the sprinkiei requireiiients, but seeks - .an extension of time to complete. the requirements based upon legitimate reasons and/or seeks to install a reasonable alternative fire suppression system: hi someof.#hese.cases, firedepartments do not objeci to a reasonable extension of time or the use of an alternative system as long as long as the appellant complies with certain reasonable conditions: . Accord`mgly; if the parties can agree upon undisputed facts and/or on a suggested disposition' of the case, such agreement should be committed to writing and signed by both parties. Me, document should include the basis for the suggested .disposition, details about alternative. systems (ifapplicable) and the specific conditions of the agreement, if any. Even if the parties -cannot agree. upon a recommended .disposition, any factual matters, :which are not in dispute, should be c:oniniitted'to writing, signed and submitted: to the Board at the hearing. However, notwitlistandin g the existence of any such written, agreement, recommended disposition or stipulation, the ultimate decision to accept, deny or modify the contents of such a document, and the ultimate determination of each case -remains within the sole authority and jurisdiction of the Board. Ifthe Board does not accept an agreement or lithe patties cannot agree on a final disposition, such stipulations may be withdrawn iii the event of a hearing and shall not, be binding against :any party- Ifthe parties observe these suggestions, it is-autieipated that your case can be determined ina more efficient and less time consuming manner. . TO: `I tie Commonwearth of Massachusetts Executive Off-ieeof1Pu6fic Safety Fire Sa ety Commisston " Automatic Sprinkler-9ppeals Board T.0 fBoX 1025 - State Xoad ;Stouw, Massachusetts 01775 (978).567- 3181 Fax (j78) 567 3121 MEMORANDUM All persons who have cases scheduled before the Commonwealth's Spri ::Board nkler_ Appeals FROM -Maurice M. Pilette, Board Chairman ' DATE' August 24, 2405 RE: Presentation of cases before the Board Enclosed herein, please.find a notice ofhearing which gives the time, place and date ofyour hearing before . the Commonwealth's Automatic Sprinkler Appeals Board Your.case is a significant matter involving the review of many factors: Although the Board applies informal rules of evidence during hearings,.all.appeIlants and fire departments appearing; before the Board should be well prepared in presenting testimony, documents . and other evidence to support their positions. All parties are, urged'. to present adequate evidence which clearly establishes the particular,characteristics and uses of thesubject building. The Board` expects that all parties .will provide accurate and.complete documentation regarding: specific building use group classification, legal capacity. (certificate of inspection issued by the building department), occupant load, the building's dimensions and.a.detailed interior floor plan that shows all rooms,. walls,. doorways, exits and stanways. Evidence regarding the specific activities that occur within the building is very important in the determination of many cases. Seven (7) copies of all documents.shall be submitted to the Board. All documents, including any photographs . shall be no larger than 81/2"x I i" or have the -capability of being easily folded into a -size no greater than 81/2" x 11". Im order to avoid the submission ofduplicate or inconsistent documentation, it is suggested.that the parties review and agree -upon the submission of all mutually acceptable documents prior to submission to the Board Finally, all parties should review the Board's memorandum dated 8-.10-03 (see copy enclosed) relative to the stipulation-offactsand recommended dispositions. If all parties observe these suggestions, itis anticipated that your case can be determined in amore efficient and expeditious manner. TOWN OF NORTH ANDOVE;.it Office of the Building Department Comy,iii-maty Development and. Sei--ices 16-00 Osgood Street Nortb Ayidover, Nlasmchusetts 01845 Donald Ouellete Engineering 70 Meadow Road Townsend MA 01469 April 11, 2007 RE: Windkist Farm North Andover MA 01845 Telephone (978) 688-9545 FILSC (978) 658-9542 After reviewing the engineering affidavit provided by Donald Ouellete Engineering Inc. and the association with "not great soils" and the substantial quantity of questionable fill used for regarding, along with the foundation excavation, and construction without proper inspections or permits. The North Andover building department is requesting that Windkist Farm do a Full Geotechnical report to determine the soils type, extent of fill placement and bearing load bearing capacity of the soils (psf). As per Massachusetts State Building Code780CMR 110.8 Engineering Details Reports, Calculations plans and SpWifications• See attached page. The report shall include a soils investigation report, record of subsurface exploration to a depth of 20 feet at the 2 outside corners closet to the embanlanent area and one at the exterior center of the long span, and a Report Summary. The report shall also reflect the placement, size, and pattern of structural rebar that was placed in the footing and foundation. Sincerely Gerald Brown Inspector of Buildings North Andover Cc Patricia A. Lambert Cc William V. Dolan Fire Chief Cc Thomas Urbelis !�G mer✓� Tel: (978) 682-3757 Fax: (978) 682-3758 William V. Dolan, Fire Chief Town of North Andover Fire Department 124 Main Street North Andover, MA 01845 Patricia A. Lambert, Esq. 115 Windkist Farm Road North Andover, MA 01845 Plambertkwindkistfarm com March 13, 2007 RE: Windkist Farm Town of North Andover Dear Mr. Dolan: Enclosed please find a copy of the application and supporting documents for my appeal to the Automatic Sprinkler Appeals Board. Thank you for your attention in this matter Very y ;Yours, J Patricia A. Lambert Patricia A. Lambert, Esq. 115 Windkist Farm Road North Andover, MA 01845 Tel: (978) 682-3757 �lambert(a�windkistfarm cpm Fax: (978) 682-3758 William V. Dolan, Fire Chief March 13, 2007 Town of North Andover Fire Department 124 Main Street North Andover, MA 01845 - RE: Windkist Farm Town of North Andover Dear Mr. Dolan: Enclosed please find a copy of the application_ and supporting documents for my appeal to the Automatic Sprinkler Appeals Board. Thank you for your attention in this matter Tg�lz Y ;Yours, Patricia A. Lambert THOMAS J. URBELIS e-mail tju@uf-law.com Zoning Board of Appeals North Andover Town Offices 1600 Osgood Street North Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 March 23, 2007 RE: WINDKIST EQUESTRIAN CENTRE, INC. Dear Members: Andover Telephone 978-475-4552 Windkist Equestrian Centre, Inc. has filed an appeal of the Building Inspector's denial of a building permit for an indoor riding facility. In a letter dated March 12, 2007, Patricia A. Lambert, Esq. references actions of the Building Inspector under the state building code and actions of the Fire Chief under G.L. ch. 148, Section 26G. The Applicant must appeal to the State Building Code Appeals Board. The Applicant asserts that the Building Inspector has misinterpreted the State Building Code. With regard to issues involving the State Building Code, G.L. ch. 143, §1100 provides in part: There shall be in the department of public safety a building code appeals board, hereinafter called the appeals board, to consist of the board established under the provisions of section ninety-three. Whoever is aggrieved by an interpretation, order, requirement, direction or failure to act by any state or local agency or any person or state or local agency charged RECEIVM the administration or enforcement of the state building code or any of its MAR � R 2007 w:\w 51\work\n-andove\comesp\zoning boud.ltr-windkist.doc BUILDING DEPT. URBELIS & FIELDSTEEL, LLP March 23, 2007 Page 2 rules and regulations, except any specialized codes as described in section ninety six, may within forty-five days after the service of notice thereof appeal from such interpretation, order, requirement, direction, or failure to act to the appeals board. Appeals hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee as said appeals board may determine. Thus, it is clear that the Applicant has not exhausted administrative remedies relating to the State Building Code which are mandated by the foregoing statute, and those remedies are not related to zoning issues under your. jurisdiction. The Applicant has appealed to the Automatic Sprinkler Appeals Board. The Applicant alleges that the Fire Chief has improperly required a sprinkler system under the provisions of G.L. ch. 148, §26G. However, that law provides in part: The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six. Attached hereto is a letter dated March 13, 2007 from Patricia Lambert, Esq. to the Fire Chief. Thus, the Applicant has appealed to the Automatic Sprinkler Appeals Board and those 1 issues are not related to zoning issues under your jurisdiction. Conclusion Therefore, the foregoing issues which the Applicant is appealing to the Zoning Board of Appeals have nothing to do with zoning, and the Applicant has statutory appeal remedies to State boards to address the issues relating to the Building Code and sprinkler systems. URBELIS & FIELDSTEEL, LLP March 23, 2007 Page 3 TJU/kmp cc: Curt Bellavance Gerald Brown Very truly yours, Thomas J. rbelis Appellant/Petitioner - _f ,�-fi i2L Li ►� 4. an appeal filed with the State Building Code Appeals Board on T ) z,0 y 3 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 PERSON ORAGENCY SERVED METHOD OF SERVICE DATE OF SERVICE 1 aeAM 9e N/G/L Cf `oo 2 - 401f,15, 2 3 Signature: Appellant or Petitioner On the 2 > Day of BEFORE ME THE ABOVE NAMED �d—k(-,L 20 0') PERSONALLY APPEARED PA� b21 c 1 - (Type or Print the Name of the Appellant) LA ,tel 1. D/ AND AC_ SWORE THE ABOVE STATEMENTS TO BE TRUE. ANT- (3RY-C. TERR(ZZI - 7 t otary Public G � of Massachusetts NOTARY kBLIC IePires February 23, 2012 7 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 5. Greenhouses: A building permit or notice to the building official is not required for the con- struction of greenhouses covered exclusively with plastic film (in accordance with St. 1983, c. 671). (This exemption does not apply if the greenhouse is to be used for large assemblies of people or us- es other than normally expected for this purpose.) 110.4 Form of application: The application for a permit shall be submitted in such form as determined by the building official but in all cases shall contain, as a minimum, the information required on the appropriate sample uniform building permit application forms in Appendix B. The application for a permit shall be accompanied by the required fee as prescribed in 780 CMR 114.0 and the construction documents as required in 780 CMR 110.7 and 110.8, where applicable and as required by other sections of 780 CMR. 110.5 By whom application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either. If application is made other than by the owner, the written authorization of the owner shall accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner's authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Note: It shall be the responsibility of the registered contractor to obtain all permits neces- sary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A. Refer to 780 CMR R6 and M.G.L. c. 142A for additional information regarding the Home Improvement Contractor Registration Program. 110.6 The securing of a building permit by the owner, or the owner's authorized agent, to construct, reconstruct, alter, repair, demolish, remove, install equipment or change the use or occupancy of a building or structure, shall not be construed to relieve or otherwise limit the duties and responsibil- ities of the licensed, registered or certified individual or firm under the rules and regulations governing the issuance of such license registration or certification. 110.7 Construction documents: The application for permit shall be accompanied by not less than three sets of construction documents. The building official is permitted to waive, or modify the requirements for filing construction documents when the building official determines that the scope of the work is of a 20 minor nature. When the quality of the materials is essential for conformity to 780 CMR, specific information shall be given to establish such quality, and 780 CMR shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information. 110.8 Engineering Details, Reports, Calculations, Plans and Specifications: In the application for a permit for buildings and structures subject to con- struction control in 780 CMR 116.0, the construc- tion documents shall contain sufficient plans and de- tails to fully describe the work intended, including, but not limited to all details sufficient to describe the structural, fire protection, fire alarm, mechanical, light and ventilation, energy conservation, architec- tural access and egress systems. The building official may require such calculations, descriptions narra- tives and reports deemed necessary to fully describe the basis of design for each system regulated by 780 CMR. In accordance with the provisions of M.G.L. c. 143, § 54A all plans and specifications shall bear the original seal and original signature of a Massachusetts registered professional engineer or registered architect responsible for the design, except as provided in M.G.L. c. 143, § 54A and any profession or trade as provided in M.G.L. c. 112, § 60L and M.G.L. c. 112, § 81 R. When such application for permit must comply with the provisions of 780 CMR 4 or 780 CMR 9 or 780 CMR 34, the building official shall cause one set of construction documents filed pursuant to 780 CMR 110.7 to be transmitted simultaneously to the head of the local fire department for his file, review and approval of the items specified in 780 CMR 903.0 as they relate to the applicable sections of 780 CMR 4, 780 CMR 9 or 780 CMR 34. The head of the local fire department shall within ten working days from the date of receipt by him,. approve or disapprove such construction documents. If the head of the local fire department disapproves such construction documents, he or she shall do so, in writing citing the relevant sections of noncompliance with 780 CMR or the sections of the referenced standards of Appendix A. Upon the request of the head of the local fire department, the building official may grant one or more extensions of time for such review provided, however, that the total review by said head of the local fire department shall not exceed 30 Calendar days. If such approval, disapproval or request for extension of time isnot received by the building official within said ten working days, the building official may deem the construction documents to be in full compliance with the applicable, sections of 780 CMR 4,.780 CMR 9 or 780 CMR 34 and, therefore approved by the head of the local fire department. 110.9 Existing Buildings: The application for a building permit to reconstruct, alter or change the use or occupancy of existing buildings or structures 780 CMR - Sixth Edition 11/27/98 Ice 41 - 3 2 _ Date ..................... NORTH TOWN OF NORTH ANDOVER '+ p� PERMIT FOR GAS INSTALLATION p s s This certifies that ............................................. has permission for gas installation .i.......... f in the buildings of .. .. ...... ........................... . at j .......... North Andover, Mass. Lic. No,.'.!!-: ..... ............... ........... GAS INSPECTOR WHITE: Applicant CANARY: Building Dept. PINK: Treasurer C' ASSACHusETTS UNIFORM APPUCATION FOR PERMIT TO DO.GASFITTING (Print or Type) Mass. Date —116i2-- Permit #a 90 Building Location �/ /� ✓/1 Cl�i(' Owner's Names— Type of Occu ncy Newp Renovation Replacement C]t ans Submitted:. Yes❑ . NOr Installing Company >>Name l,�(1 iirl ®i �/1�' Check one: Certificates, Address / 4.lJow �£ /(l SL O�- Corporation 7 13U f']n rq , ❑ . Partnership - FloBusiness Telephone(a 1�Z��y L� Firm/Co. - Name of Licensed Plumber or. Gas Fitter/ z INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes X No LJ If you have checked yes. please Indicate the type coverace by checking the appropriate box. A liability insurance policy j�' Other type of indemnity O Bond ❑ t OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner[] Agent ❑ Signature of Owner or Owners Agent I hereby certify that all of the. details and information I have submitted (or entered)' in above application are true and' accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be'in compliahce'with ail • , Pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws. ' ' By Tie of License: Plumber Signature ofLicensed Plumber or Gas Fitter Title asfitter / �q aster License Number City/Town J Journeyman APPROVED (O IC US ONLYI h H S W N Y z 2 uj N W s W Cn C O V 1 O �• u W H > O Z n C m W < < s1 + ¢¢ tL f to d O C O L U3 LU N usU W N W < m LU. O C W Z ~ W r r N m c r o y i LU'' e> a a H o u'o—oS,biT. ' i q BASEMENT I J IST FLOOR I I I 2ND FLOOR I 3RD FLOOR 4TH,.FLO.OR I I f S.TH`F'LOOR 6TH FLOOR 7TH FLOOR STH FLOOR I I Installing Company >>Name l,�(1 iirl ®i �/1�' Check one: Certificates, Address / 4.lJow �£ /(l SL O�- Corporation 7 13U f']n rq , ❑ . Partnership - FloBusiness Telephone(a 1�Z��y L� Firm/Co. - Name of Licensed Plumber or. Gas Fitter/ z INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes X No LJ If you have checked yes. please Indicate the type coverace by checking the appropriate box. A liability insurance policy j�' Other type of indemnity O Bond ❑ t OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner[] Agent ❑ Signature of Owner or Owners Agent I hereby certify that all of the. details and information I have submitted (or entered)' in above application are true and' accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be'in compliahce'with ail • , Pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws. ' ' By Tie of License: Plumber Signature ofLicensed Plumber or Gas Fitter Title asfitter / �q aster License Number City/Town J Journeyman APPROVED (O IC US ONLYI Date.,�.�... . M2 n NORTp TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING AcmUS This certifies that................ . has permission to perform ... C.'-. «%..................... . plumbing in the buildings of ..<., !?!.SPk. /................. at ... ............ . North Andover, Mass. Fee. Lic. No..F/.s. PLUMBING INSPECTOR WHITE: Applicant CANARY: Building Dept. PINK: Treasurer MASSACHUSETTS UNIIFORM APPLICATION FOR PE IT TO DO PLUMBING (Type or print) NORTH ANDOVER, MASSACHUSETTS Date Building Location ! �� 1/V ► vI p��cr C� Owners Name fd Permit # 2- R�< ` Amount Type of Occupancy Cii g r 4 New If Renovation Replacement Plans Submitted Yes ❑ No FTV'rTT12 F.0 (Print or type) Check one: Certificate Installing Company Name 1 /' o �ca..` x ly "1 Jn5 ' � . El Corp. 11 Partner. © Firm/Co. Name of Licensed Plumber: 1A l < 1 I � Cc cM R V- o Insurance Coverage: Indicate the a of insurance coverage by c cking the appropriate box: ❑ Liability insurance policy Other type of indemnity Bond Insurance Waiver: 1, the undersigned, have been made aware that the licensee of this application does not have any one of the above three insurance Signature Owner I hereby certify that all of the details and information I have submitted (i best of my knowledge and that all plumbing work and install 'ons perf compliance with all pertinent provisions of the Massachusetts S to 1 By: Signa Ot LiftnSW1 Agent entered) ' ab ve application are true and accurate to the ed d it Issu for this application will be in ig1p r 142 of the General Laws. Tyle of P luOiflg LicensE Title 6.3 City/Town icenseum e—ii r Master diourneyman ❑ APPROVED (OFFICE USE ONLY