Loading...
HomeMy WebLinkAboutMiscellaneous - 125 WINDKIST FARM ROAD 4/30/2018 (2)0 O O ■ s ■ LL e � � 0 2 � \ / U) w Of 2� §2 \� it < CL 2 a- / O -i / 0 � O O m CD a < � /CDC / ■ k �� %\ CD\ �kuLu 2 < a.. k , / ® S/ 0 ©% 55 ]] a o.. ..a) =a;== 0 I & .#= Rf >q$ QoG- §§ � k\§\k \ 0 EE »;eom c2Ios a @% o�L f<a , �0 00 2 0 z�k LL(D@\\ �ea o eat a $L . �f*®®\\ w 6$ a �0§ bk §0 < LLoo . $a ON«�6/ -2& ®E�i2 = �) 26& %a �I#\\ 2 22 <<< ��� ow �2 �2 J\ HBe �k 3�//r-- >§I co � 2Iq S mem« L� �t oo �§ § z 7\ �� /6� / '0___ \& »a@ a©u��� z2 cm 0 m a)'= \ D e d0 o \§ #g z CL S�I // WI § 0 kk § poemu \ oa o e I d i $2 2 § 22��n �iim . _CD IL ° 4i \ ±=e>2 \ � § o eCD . �) /©< 0 ig c �Bƒ5 / �x -- ° && 3 z O </ 0 LL « 2� ■� jk IL kk CL w 2 L) / ..§ Ln -J2 y / /§ U) • MAP # LOT # PARCEL# c�� STREET 0. CONSTRUCTION APPROVAL L) LD '-�-30,51—uj HAS PLAN REVIEW FEE BEEN PAID? C YES NO PLAN APPROVAL: DATE /1.7 APP. BY DESIGNER: PLAN DATE CONDITIONS WATER SUPPLY: TOWN WELl,— �© WELL PE DRILLER WELL TESTS:' CHEMI DATE APPROVED i PLUMBING SIGNOFF A BACTERIA I ATE APPROVED BACTERIA II DAT APPROVED WIRING SIGNOFF COMMENTS: FORM U APPROVAL: APPROVAL TO ISSUE YES NO DATE ISSUED BY CONDITIONS: FINAL APPROVAL: ALL PERMITS PAID YES NO WELL CONSTRUCTION APPROVAL YES NO SEPTIC SYSTEM CONSTRUCTION APPROVAL YES NO OTHER YES NO ANY VARIANCE NEEDED YES NO FINAL BOARD OF HEALTH APPROVAL: DATE: BY: r SEPTIC SYSTEM INSTALLATION IS THE INSTALLER LICENSED? NEW CONSTRUCTION: CERTIFIED PLOT PLAN REVIEW CONDITIONS OF APPROVAL (FROM FORM U) <:I� NO NEW YES YES NO ISSUANCE OF DWC PERMIT cvE NO DWC PERMIT PAID? DWC PERMIT NO. eO BEGIN INSPECTIONYES NO: EXCAVATION INSPECTION: NEEDED: YES NO INSTALLER: /44j4,1,t1 p PASSED ��— BY 4,4 `.z CONSTRUCTION INSPECTION: NEEDED: AS BUILT PLAN SATISFACTORY: YEST /95 -,BU/LT' 1/GE. b APPROVAL TO BACKFILL: 5� DATE /A/QT BY FINAL GRADING APPROVAL: DATEBY . �4z z v– FINAL CONSTRUCTION APPROVAL: DATE: BY W- i Commonwealth of Massachusetts City/Town of )Ja w, AvJover- Percolation Test Form 12 M Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ISI RECEIVED DEC 2 0 2005 TOWN OF NOr<(H ANDOVER raiwiauUn tart resUILb must De SUDmIUea wim the Sou SUltablhtyor On-site Sewage Disposal. DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with the local Board of Health to determine the form they use. A. Site Information Patricia Lambert Owner Name 125 Windkist Farm Road street Haaress or Lot n North Andover City/Town Contact Person (if different from Owner) B. Test Results MA State Telephone Number Rate (Min./Inch) 01845 Zip Code Date Time Test Passed: ❑ Test Passed: ❑ Benjamin C. Osgood, Jr. Test Failed: ® Test Failed: ❑ Test Performed By: Randy Burley, Mill River Consultina Witnessed By: Comments: t5form12.doc• 06/03 Perc Test • Page Iof S 8/25/05 12:07 Date Time Observation Hole # PT1 Depth of Perc 44"/16" Start Pre -Soak 12:07 End Pre -Soak 12.22 Time at 12" 12.22 Time at 9" Time at 6" TEST ABORTED Time (9"-6") Rate (Min./Inch) 01845 Zip Code Date Time Test Passed: ❑ Test Passed: ❑ Benjamin C. Osgood, Jr. Test Failed: ® Test Failed: ❑ Test Performed By: Randy Burley, Mill River Consultina Witnessed By: Comments: t5form12.doc• 06/03 Perc Test • Page Iof S Commonwealth of Massachusetts City/Town of /llor4\ Av\ vcr Percolation Test Form 12 M Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Imo! ISI Percolation test results must be submitted with the Soil Suitability Assessment for On-site Sewage Disposal. DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with the local Board of Health to determine the form they use. A. Site Information Patricia Lambert Owner Name 125 Windkist Farm Road btreet Aooress or Lot # North Andover Cityrrown Contact Person (if different from Owner) B. Test Results MA State Telephone Number 01845 Zip Code Witnessed By: Comments: t5form12.doc• 06/03 Perc Test • Page oZ af3 10/19/05 10:00 10/20/05 9:50 Date Time Date Time Observation Hole # PT2 PT2 Depth of Perc 30"/16" 38"/16" Start Pre -Soak 9:50 End Pre -Soak 10:05 Time at 12" 10:05 Time at 9" 4 HOUR 11:35 Time at 6" SOAK 2:31 Time (9"-6") REQ'D 175 MIN. Rate (Min./Inch) 59 MIN./INCH Test Passed: ❑ Test Passed: Test Failed: ® Test Failed: EJBenjamin C. Osgood, Jr. Test Performed By: Michelle Grant, North Andover Health Agent Witnessed By: Comments: t5form12.doc• 06/03 Perc Test • Page oZ af3 Commonwealth of Massachusetts City/Town of /UOr+VN AY\dover• Percolation Test " Form 12 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Percolation test results must be submitted with the Soil Suitability Assessment for On-site Sewage Disposal. DEP has provided this form for use by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using this form, check with the local Board of Health to determine the form they use. A. Site Information Patricia Lambert Owner Name 125 Windkist Farm Road QUUM huUrC55 or Loi ?f North Andover Citylrown Contact Person (if different from Owner) B. Test Results Observation Hole # Depth of Perc Start Pre -Soak End Pre -Soak Time at 12" Time at 9" Time at 6" Time (9"-6") Rate (Min./Inch) MA State Telephone Number A AM A/AC PT3 66"/15" 4 HOUR SOAK REQ'D 01845 Zip Code PT3 66"/15" 9:54 10:09 10:09 10:45 1:30 165 MIN. 59 MINANCH Test Passed: ❑ Test Passed: Test Failed: ® Test Failed: ElBenjamin C. Osgood, Jr. Test Performed By. Michelle Grant, North Andover Health Agent Witnessed By. Comments: t5form12.doc• 06/03 Perc Test • Page 3 f 3 v� CD v 7 Q D m G z CD iU p� O 7 � Q � C) 7 CDD m CL < 0 CDO o l< v 3 v v z v 3 m z w 3 CD CD CD O O ❑ ❑ N � CD N 0 ETO G `G CD O N J O Q a O c CLv J CD N ❑ ❑ zz O O ❑ ❑ w Cf) C n, N m O Z7 CD O N G v N a CD •J (CD ch CD C CD N O' N S CD CL v 0 U) N m LTO .p cn cocr o. � c V n T Z 3 OL O m 7 D O N a T1 CD 0 0 �. C CD ON 3m N n O CD O N m �. 00 CL 0 0 Q -0 O O' O C CL v 'J a O O a v J y � CD CD O O ❑ ❑ N � CD N 0 ETO G `G CD O N J O Q a O c CLv J CD N ❑ ❑ zz O O ❑ ❑ w Cf) C n, N m O Z7 CD O N G v N a CD •J (CD ch CD C CD N O' N S CD CL v 0 U) N m LTO UEC 2 0 2005 1 vuuVER cn cocr o. � c V n p.f Z 3 OL m CO C (D Q N O 3 0 C m �i l< 0 PIL 0 O G m CD y � �• Ci 6 w 7 -h C N J � c 0 `s CD (n pq zc O p° ❑ v cn m 0 El h m o' CDD O N m m (D - 2:3 M = W C ❑ C a U 0 v a Q o' NOD Co UEC 2 0 2005 ap mm or C S O NQ < l< a CD =r Q CD ,_,. cn 3 3 N CD O N O <. Qm CD a Q,< = O CD (D (n 0o m m� 0 o m � c � cn T). 0 co � .. v =� 0' v o a n o v s — 0 CO C N G d ;4: (n O = n O O W m O' o o 3 2 cn CD 3 3 �G O a CD QCDCD CD� , Q. 3• a CD =r =r m m O � � Q 3 � 0) CD `C O C � m 3 N V 4 71 0 0 0 O ah CD CD 0 X03 =Ty y Cr_ r"I CD A N m 3 m rF 0 0 'rF V/ CD C v cn' 0 N Jw 1 vuuVER T�H�PARTMENT 1EAL� N O 0 D CL m 0 co O y � 3 w 7 -h C ap mm or C S O NQ < l< a CD =r Q CD ,_,. cn 3 3 N CD O N O <. Qm CD a Q,< = O CD (D (n 0o m m� 0 o m � c � cn T). 0 co � .. v =� 0' v o a n o v s — 0 CO C N G d ;4: (n O = n O O W m O' o o 3 2 cn CD 3 3 �G O a CD QCDCD CD� , Q. 3• a CD =r =r m m O � � Q 3 � 0) CD `C O C � m 3 N V 4 71 0 0 0 O ah CD CD 0 X03 =Ty y Cr_ r"I CD A N m 3 m rF 0 0 'rF V/ CD C v cn' 0 N Jw Al m : CD C o Q CD C v o 0 m o = cr O < 2 2 m m 0 o CD _ 3 Q -o El .� CD I o K 0 CD cn v CD O cu m n =r m CD Is Ix r Q o c 0 m o m OL CD o ch e%Q- U a)n :3 v �? v cn 0 m cn T 0 v CD 0 �Q Q � v W r v c p cn CD Cl) m :3o a v _ m CD .. 0 vCD o 7 p D _ o C. C: CD o 0 w. — Z C 3 6 (D CL v O cn 0 9 O-0 -o m o OD P r � m _. _ �• m co CD o Cl CD c J _ 0 a �o v 0 3 CD _. = _ o o C N � v CD CD El in v ( O 0 U) Q CD =r N v m v C CD m 0 m c cn D (D Q CD (D N ;L1 n cn � m ,� 0CD o° Ca N n ❑ 0 W, z ❑ o m n =r m CD Is Ix r Q o c 0 m o m OL CD o ch e%Q- U a)n :3 v �? v cn 0 m cn T 0 v CD 0 �Q Q 3 � N 0 O n sn� c :,4 9) ; O 0 -nCD 0 no m m O CDv m CD m o (D CDU) O ui C S (m�D N O O 0+ _cn� D � o0 CA Cs m CD CA N 3 CD U):3 O O D � to 0 < m (D z o (n v (D 0 v N v P � El W CD O z O 3 CU v n r v c O c = a cn m CD .. 0 o 7 p D _ o C. C: 0 Z C o o � � 3 � � o OD o 0 CD co 0 ti c a v 3 � N 0 O n sn� c :,4 9) ; O 0 -nCD 0 no m m O CDv m CD m o (D CDU) O ui C S (m�D N O O 0+ _cn� D � o0 CA Cs m CD CA N 3 CD U):3 O O D � to 0 < m (D z o (n v (D 0 v N v P � El W CD O z O 3 CU 0- 0 0 Z 0 CDN 0 CD CD CD 0 0 CD Z C cr CD 7� 0 Sr CD N m CD d o' lhi lllllll�������� oho 0 =O � O ���.. 0 0 0 S +, - V) CO) 5 0 Cr C— = r CD CD D U) /CD//� VI N CD r+ —h 0 V''1A• CD 1"F CD CD _v C, 0 N A) O 9 _1 ,r CD .r S CY w�V_'�j U N' _ O (D;_ (�y C 0. '200. 0 Ql N 0 � x "a � v 3 Q 0 X. j 0 ,(j) X7 0 o .. - CA N K G7 0 0 ID n O p1 900 (Q 3 .' a' o t 0 0 0 N 0, p o cn A C fD 0 o ' _ CCA cn O O 0 3 ry (D N 0 S m 0 CD CD CD 0 0 CD Z C cr CD 7� 0 Sr CD N m CD d o' lhi lllllll�������� oho 0 =O � O ���.. 0 0 0 S +, - V) CO) 5 0 Cr C— = r CD CD D U) /CD//� VI N CD r+ —h 0 V''1A• CD 1"F CD CD _v C, 0 N A) WIL m � o 3 cX =3 m g Q N O m CDcr= CA O < CD T -(OD z co 'g. N =r = a G) `a 0 0 CD c 3 cn Q ❑ CD z m co 0 W 0 m cu cn v "' =3 v � 0 < c v' 3 Ch CD m f a & a 0 1 O O A Cj D n r C TI 7' � O W c O u� ❑ 0 d 0 0 CD0 CD c C a)cn (� r r N a CD CD ❑ �rt0 0 0 N (D C CD O O N fD (D N (D fn Q c p� (CCD n (DD N N CD CD Q CD cn (D N X ch 0 CD r=+ N 0 El O N Co CD a CL ❑ =� Z El 0 CD w r v OL C CD A� r- 0 � v o' OL Ln CD N O 7 v c v n CD 0 O .icL v O (D 'a Cl) a CD cA ;u �D (D O o n O CDC cr m O O O O M �rt O O 0 �§) ic Cr QS�0 r V C O 1 O cn r* cn sD CD C) 0 CA D 0_ a 0 D w Z 0 N N 0711-1 (D CDO cn CD "n0 0 v O rtC v 0 0 oCD v Z 0 su 1 C c 0 �0 n CA �� y a0 c CA CD a � N CD CO) N 3 3 r* —h O e ui CD CCD to v A) OD � D W CO -rl d l 0 N O � O — 5 n y 9 2.2. 3 3 � U N i N N O = k l V i X � ^G 0 x o c o o? `-' n o� co C Illy_ Cox o D� G) n —Cm O o c, 900 c tc co) 0r+cr 3M O Q CD CD N FA y N e� 0 _O -7 0 0 3 w N Wo y n <D 0 S �D 0711-1 (D CDO cn CD "n0 0 v O rtC v 0 0 oCD v Z 0 su 1 C c 0 �0 n CA �� y a0 c CA CD a � N CD CO) N 3 3 r* —h O e ui CD CCD to v A) T m �. � o 3 ai CD a m v CD m CD 3 cr o _2 m (Q -0. Q 3 � o N :cL ❑ CD zN O s Sr CD E CD 0 _ CD m v N � m. 6 CD Q. cn (�1 O ❑ Q m N El N CD 0' c N r N CD U) El m LU cp c. =r v m a m O T N ((D 0 N C N m CL X ch 0 � X, .. CD Co CD 0- ❑ 0 77 Z El lk O w v U) v 0 CD O < CD v o d O CD m G` CD r -D �• N CD W O CD 0Lm Wmg d v co v v cc r CD m C n G o CD .� 3 m m 0 O N ::r w m 0 m CD D (D N m m � 0 0 _ co N N r m CL c in m a ID CL 0 m _ 0 (D n cn d cn 0 _ m m cn 0 Q r- 0 v 0 Q CD O v r- 0 G °c a, OL m CD N 0 N cn c v 0 CD O_ m O (D C 0 v 0 10 Cl) r CI PIL CD c. �• G O 0 Z C Cr -i 3 m 0 0 N c 0,G O O O o M cn 0 3 0 0 Cl) , 3 CY�y rr � �S �• C d 1 CA N r* 0 11 0 I Cl) SD G v 0 N M 0 1 J ]S Nl CD 9 � c ffim CD VCD, -no o O �30 Do o o � M Z w O 03 ''1 VI C S m 0 d o. Cl) jr 9 y IOU 0-=r C CD N O 1 O _v N� O d v �CD 0'O { •G N _ - 0 n .pCD p 30 - 2. o ^� i � U) y o DI ,i '�` �► x CL 0 x ol -< p o o o iv 0 W oD c G n r. ?"o a;- 0 0 @0 < ow2.a .� (D o� �0 co as �M (D NN CO) 0 O . T1_ o " �LA. cn O 0 ,y' — A 3 0 (D 0 S N 0 1 J ]S Nl CD 9 � c ffim CD VCD, -no o O �30 Do o o � M Z w O 03 ''1 VI C S m 0 d o. Cl) jr 9 y IOU 0-=r C CD N O 1 O _v N� O (D (D O 7 T m � o 3 v0, � CD a. v CD m CD -0 0 O =r =r cr 0 Ccn 2 CD CD (D (D (a Q =r O O N 3 a ❑ v � CD o 0 CD U) v 3 Q (a N N 3 2 0 (u CD (u 3 0 CDM. CD Q O ❑ A T 9 CD CD O C U) r N (D y El N (D =r v (D - m (D n � v m v c 0_ X m 0 3 ❑ -< CO N (DCL ❑ 0 77 Z coEl W, r v a C O (D r 0 r 0 O' 0 0 0 c 3 O Q 3 m EL CD CD 3 0 Cl) N � 3 � 0 (D 0 to m P ° CD ra CD O CD CO) Q CD w ,u <D o �. 7 ^ o 0 m 0 Z C .... Q (D -n i (.,., Q7�—" p � o O O ' ocn � O 0 � N 5 0 a.0 = — < A m N N (D N a rF O 1 O e cn m cm C CQ m Lw� CO) N fu 0 v 3 0 CD o 3 CD FD O 0° a O N (D 3 m 0- (D (D (D W m a m �O 0) o s 3 3 o CD 0 j. N (D r a 0 CD ��C � N r. o 0 O U) 3- CD Cl) cr U m a, CD y D CD CD N 0 0 W, r v a C O (D r 0 r 0 O' 0 0 0 c 3 O Q 3 m EL CD CD 3 0 Cl) N � 3 � 0 (D 0 to m P ° CD ra CD O CD CO) Q CD w ,u <D o �. 7 ^ o 0 m 0 Z C .... Q (D -n i (.,., Q7�—" p � o O O ' ocn � O 0 � N 5 0 a.0 = — < A m N N (D N a rF O 1 O e cn m cm C CQ m Lw� CO) N fu D O_ Q 0 v Z O m (D CD0 CT CI) (D -no o O O v ° o O 3 7 M Z '' cInA o cr CD °• 0°, 0 N Cr 0"C c0D D N �D N W --h 0 11 0 e"h CD sn 4) v -a 0 � N' O O 3 �t A 30co 0 0 2. ic so Ov + S Q O K 0 „ol� 7o n O C o o C) W 00 v o CIG A � u1D, U A_ co) xo G) n < 0 o Ge o OT N' 900 C moa O a (D CD 3 N C CO) 0 O c n O _ N N 2.0 O 7 n <D 0 3' m I (D CD0 CT CI) (D -no o O O v ° o O 3 7 M Z '' cInA o cr CD °• 0°, 0 N Cr 0"C c0D D N �D N W --h 0 11 0 e"h CD sn 4) v -a 0 rn � o 3 CD C: CILCD OL 0 0 m aS O G Z2 m co �. m S 7 Q G) `Q 0 0m C: 3cl) Q El 7 o m n SrCD T CD0 A W rn v v 0 v CD CD 0 < Cn, m CL O o L CD �d � o O0 O ((DD _ p O El CD N _. C W o CD CD v -) El 77 CD 0 7 a CD7 cn N (� (D CCDCL CD _� c cn (D ❑ v 5 _. 6 N O O N N Q O N CCD (D < @0 M. CDD c cn D rn CL m N 0 CD r A' 0 � xV O CD El�R CL 0 CLZ ElO m n y S N N r v OL C: CD O N LIs r 0 r0 o G) 0 o 0 v c :3 0 a a m m CD < 0 -o U) ni c � v 0 C fi 0 0 t� P Y v 0 m & O D 0 ;uN <D cD p1 � 7 C. o n cD Z c Cr I 1= 4' v d CD 0 CD O O d EpEr CL OL 0 v Z 0 ((D CD O lip CT V\'CD -no 0 ; 0 : 0 C 0 7 Z 1 0CD O CD �010 V\ -.p c = 1 � rF O Cl) rF CD v 0 --� w cel O 00 QO 7 -- .:.. -4Z 9u00"- O' \ 14 O O — n2. °. i" In r �' c 3 � 3 y �► to In 0 �D o = i 00 X S c O x 0 -�C n o0-4 3 W70 00 T N b T CD C1 N (D 3 M. CO) A 'FCD % CO) k '4L (D 5u n p� O (D a. .0 (D OT p't 90' U3 CO)0 3 9 '. tr(D o Q (o� � N 1 to C2 .1 C fn O .Ai C n IRO N ch 2.(A O A (D 0 S (D CD O lip CT V\'CD -no 0 ; 0 : 0 C 0 7 Z 1 0CD O CD �010 V\ -.p c = 1 � rF O Cl) rF CD v 0 T m � o 3 CD C: OLm Q �O (D N -0 'a =r =rcr oCD Z 2 CD (D co -2. 0_ =r :3 G) cn c CD CL v ElCD o S' 0 N 0 0 Y (D !D CD OL U) Y' 0 0 9 T p_ CD � r N 0 CD a N r v CD _. DO CL v CD 0 M. c N CD OL 70 � 0 CD W 0 U v CCD o co 3 U'a = 5 a 0 CD CD L v r •D CD co 0 OCLC, CD m ' _a C d o I° o 7 0 0 _ v r CD (D CL 8D'r CG v -- 0 CD CD cf) D vN m m � 0 0 0 3 O �7%- Q U) N LNA 'O N 0 IN r 0 r0 o G 0 j 7 m CIL CD 0 .. 0 CD o_ 10 = P fD tj � O a W wO CD O M. Cr y M o m, = n 0 p <D 0 z '♦ c C' CD 19 rp, 01 I n osn� p % o ° o ' O � q � 0 �� --., =r� N Cr C N N 3 0 1 O cn CD cD (a CD v U) N 0) CL a 0 O1 Z 0 CD U) � 91) --v CD O -4= 00 00 p ? s x — N' O — (A ••-- rl O = � < C Iv 0CO)"1 Vl c o 3 0 �"b 7 y 7 i 2. 0 N' `.' � k O0 CD CL O x o 0 o O �? N n ... - y n O 7 C cnxcn Q 0 Oa < — O o�cr .< 900 o� 0 to OQ CDCD 3 CD N /u y Cl) C Cl) O 0 O 3 ai ca 0. N O_ n fD 0 ID (D CDO CD ni -n n o o 0 �3 0 O 0 3 Z '''A o CD C VI S CD0 � N Cr C N D U) U) m MI. —h 0 1 0 cn cn c� s� v y. 0 Z CDO � W cn m O a 3 : C Q � m CD (n N 0 3 t—a M� U. 0 N I� (D _ v m CL �a) '� m N 0 0 °M.�' a O — DZi m (D N o °� © MD O d 0 O N o _. Q (n < Cr a v m=r m o n O O �. cn (D ((D N C O 3 (D 3 N (D 3 (D � C• O Q T. 2.23 �< v Q N 1 (D rr CD X CW .-' cn (D �• CD <:a" (OD lu .A v -fl Q x (D m x N m' O N 7 QCD �. :3cr CD 3 CD 7 Q � O C) CD 00 0. CJ1 C Q 0 — v a) S N CT O (D In CD N 3 n 3 CD N cn 0. o v(n C 41 O "� (D O (D = O _ (n c yCD m 3 m .--)o cr (n O C (D Q v Zn C O C �. El (D (p cr (D C CL c z 3 s CD a� v' 44- X nCD v m O cr O CD z (D (D O- cr C O 7 C Q � N =r 0 .-t =r _ CD O a) VV O O N CD Q O 3 (D o v 3 -c O h =r m O c '�+ CD N << CD XIL y � LU ((D 0) Q cn m n N 0 O N v Q C v (D x 3 a rn — N m z a CD ❑ ❑ ❑ 3 °, 1 0 °c CD a CD a 2 Q O cr (D O ^^ YI w N Q — (p Q �' (p Z CD O Q O N X � O 3 .) _ 3 (D 0 :3 s3 CL CD CD '� Q (D 7 (O W iii NO a (D wCn E � 0 m Z' m 3 m 0 m Q z fu ro 3 co 0 c° Z< m v m o 7 O (D D D y y 0 s N (a N N CL CD W W W rj3 (D m N 7 N m m 3 m — N N CD (D PJ O N a) Page i of 1 DelleChiaie, Pamela From: Dan Ottenheimer [info@millriverconsulting.com] Sent: Friday, January 20, 2006 9:07 AM To: amcbrearty@millriverconsulting.com; Lisa Kozel LeVasseur; Marianne Peters; DelleChiaie, Pamela; Sawyer, Susan Subject: windkist Plan review for Windkist Farm Road is attached. We indicate the need for additional soil and percolation testing prior to construction and strongly believe that should be accomplished prior to plan approval due to the marginally acceptable soils and the large distance between the extent of the SAS and the area where soil testing occurred. Dan X!. I Daniel Ottenheimer, President Mill River Consulting, Inc. Septic System Management Services 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriverco_nsulting.com dano a@millriverconsulting.com. 1/20/2006 Tel: (978) 682-3757 Fax: (978) 682-3758 Town Clerk Town of North Andover North Andover, MA 01845 Patricia A. Lambert, Esq. 115 Windkist Farm Road 20�� MAR 15 kE� 8� z9 North Andover, MA 01845 1`lASS�:`:"...:�=' �- 0 nlambert(a windkistfarm.com March 12, 2007 'REEL INP-- � MAR 2 0 2007 RE: Application for building permit TOWN OF NORTH r' ' ` ziR Windkist Farm HEALTH DEPAR i iv cNT . Dear Sir/Madam: OFFICE OF TOO MA�tAGEE+ 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 ofBuildings For Ie ms 1 and 2�gee1on of the laws of 780 CMR 16.1. the Commonwealth of Massachusetts. 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 But tts FSee G.L.ire . Ch.1 8 ef are 1eSection 26GTe ation 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. Very truly yours, 9 �11L -,Z—v 'S-Z Patricia A. Lambert PAL:m Encs. BUILDING DEPARTMENT (ommuaity Development Dirlslon MEMORANDUM Pakioia Lambert . 125 W'Mdkist Farm Road North Andover, MA 01 W R& BLNU04 PMtW MR INDOOR RWM AMM Oat' Mt. [Arabes± . your appQaa = for a buildirt= permit sa co Wnxt ao 11.382 Kure feat tndoar'"us fbcully is denied on as fabowlM gran &. 1. You have sot sobinhoed a repot Brom a satr nuW eanoor se requbW by the State llittWWing Coda See 710 CMR 116.0. _ Z Yoa bM eat subrnlmed 4 SF ? - 'hdttil repots here a Itaetteed eu;lnetr iR oe+der to trddneat the Imodetbo tad toll oondkim In whiob the wa•409=4-45 reg and by the Shoe Bu Wwg Cade. Sea 70 CMR 116A 3. Yoe do not bm to requ[nd oerdrxxdoo for a acomer cow Ibr ahgdm as rogained by Table 106 ef7=0 CMR. #. The 1 North Antbner Flee Mier hes deodmined that the s0ltCaate k mqukW a have sprinWen„ and a fire dakct[oo and alarm nodficadott sums to nmfY otxtrpantt of a 1im is the Mudurc board (see Q.L cK 1 933 ind ¢�4ne Athburtoa RAorn 1301 Boston. MA 0210L Alla You am net nequtrcd to fik for a alta plan special permk under Section 9.3.3(a) of the North Andosrer bminS Bylaw. Very truly your. Gerald Brown. lnspem of Buildings cc: Curt Bellavance Merit Real Attorney Thomas 1J"ia 1t80 Ospd Seam. IWA AmWer. Masedaurk ell!! ft"s 971.11[1145 fax IMAKISO wab •vlr.hwdnrtl�ae%.�N.urr Nearch - 1 Result - 116.1 General: Page 1 of I 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; I. 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._112j_j_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: Massach_.usetts > Statutes & Regulations > MA - Code of Massachusetts Regulations TOC: Coded Massachusetts Regulations > / ... / > 780 CMR 116.0 REGISTERED ARCHITECTURAL AND PROFESSIONAL ENGINEERING SERVICES - CONSTRUCTION CONTROL > 116.1 General: View: Full Datefrime: Thursday, December 28, 2006 - 4:26 PM EST About LexisNexis I Terms & Conditions LeXISNeXIS Copyright © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. N0 L ti COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM TO: Gerald A ftwn, Inspector of Buildings FROM: Curt Bellavance, Director RE: VWndldst Farm — Building Permit Applkation DATE: ]anuary 24, 2007 "`nm suompm Fanrra n9 permit application for corms of a bam/9ndoor that Yom request I have sokbd Irdbnnation from by our ovm fFkquired o wen h what zona e appftnt win have a full understanding of whatI Is •ulrements the applicant will need to address prior,EO construction. The following criteria was separated Into two areas, the first is for the current budding applkatton and the sea W Is an assessment regarding additional v - k that may completed at this property to ensure the farm is aompnant with local and need be regulations. a. req T Application � hasuistated that we can reasons Includes requiring that the applicant fdlow the Slte PPlain Reviewspecial ate a new agricultural structure, which ). The Sitee Plan Review application is the first stop and mustbe completed mor to issuing a building permit nANUMMa. Application requirements. The awith the pplication is for the consmaon of an 8300 SF ba ng fall Zoning BYiaw, Section 8.3.2(a), developments barn/indoor nidi anity. accordance permit are: require a Site Plan Review al "any new build/ng or =.'07� 0/7, whk2i cnintalnts more than t;W G�'�ousand (2,GUID)s�quare fWtofgrr,>ss flaararea...orresWts In the fequ/rement of17ve (SJ or move new/addwonalm fiing sow The applicant will need to file for a Site Plan Review special permit through the Planning Board (application attached). 1600 Osgood Street, North Andover, Mossochusetts 01845 Phone 978.688.9531 fax 978.688.9541 Web www.fownolnorthandover.com b. No additional items identified. @UILDINC DEPART gMT! 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 a. 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 foundatlon and sal 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 IIsts that summer camps are available. A certificate of i nspection stated in 780 CMR Table 106 to operate summer camps. Irspectlon woulu is as limited to, re*Oom facilities., but VU ftEMA a• Application requirements. The Health ndklst FammRoad as it Is shown on therftent hu no Issues plans a��provided. the of the indoor riding ring at 125 W* water or public rest room facility p �dh Plans � Is no heats Issue. there is no public b. Additional items are identified below. The Nobwent has Ott" concerns regarding the Bam/apartment units and whether Pum re*ooms are available for students attending classes and/or training: Gita Ind Wafar Dltsoharqu Upon inspection at the bam at INlndkist Farm, Health Department pow noted that there was evidence of a recently excavated area in the front of the barn. The nel that a new pipe and possible leach( tank might have observation indicated confirmed that he had been �l�• The Building 1nsp� confirmed a size of a p observed a large nrctangle hole and had surmised it was the water discharges, eptic tank. MA DEP regulars require permits for t�►:;nt source ground Records show no indication of a properly installed septic system for this builds ng r each CMR 310). According to the state codes, the owner shall provide, for 410.300, drainage system connected to the public sewerage system, i rovid f o that is, bellilin ,5e osfanitary distance or ground conditions, connection to a public sewerage owner shall provide, and shall maintain in a sanitary eondrtion, ameans i t P�ticable, the which is In compliance with 3120 CMR 15.000 Subsurface Dis Sewage disposal 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 978.688.9531 Fax 978.688.9542 Web www.townofnarthandover.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. a xe Identifted 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. IIUDI a. Application requirements. Regarding the proposed ba"'ding facility, the strUftre must have a fire er system installed under the provisions of Maas. Gen Law Chapter 148 Section 26 G (a�t�eed) There should also be a fire detection and alarm notification �m insWed to notify vcarpar>c's of��9 � sbvcture. These provisions would be found in 780 CMR Article 9:00 . the State b. Add( kxW concerns are Identified below. Co AM= regarcOn9 the e>dOV structures. The Fire Department bases ft Factors and riles on Regulations outlined in the State Fire Prev�entlon Code 527nR. safety aEN DEP RTMENP, aft �Applkatlon barnirkli � Cwservation Commission. Aerial reaps indicate that w land resource areno Permits are as � the greater than 100 feet from the proposed work. Therefore, the Conservation Commission does not away�isdktion. b• Additional concenns are identified below. The the rear C*Wvation DepaMnent has had record of several complaints of the large amours of fill to Property. In one documented inddert, this fill was meted down gradient towards the Andover Sportsmen's Club causing° to have m gradient resource areas. The applicant Depart rent so staff; can walk the should eontad the e ' possibly impacting down Property to ensure that materials from the site do not P ose may aft down gradient from the ' Although an erosion threat to resources that motion gh rondltion of the sibs may be good, department would like to have fellow -up documentation for their flies. Our office will be available to discuss this at your convenience. Q Uncoln Daley, Town Planner William Dolan, Fire Chief Alison Md(ay, conservation Administrator Susan Sawyer, Publk Health Director 1600 Osgood Street, North Andover, Mossochusetts 01845 Phone 918.688.9531 fax 918.688.9542 Web www.townofnorthandover.com 6earcn - i xesult - g LbIJ. 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 45 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 aearch - 1 Result - $ 200. 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�n - nesult - g 2.dv. tiuiuuiauc 6prinmer zystems; Kequtrect installation; txcepnon... Fage 3 o2 3 App 912, $07 NE2d 256, review den (1987) 400 Mass 1101,_508_ NE2d 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 o_f__Fire Dept v Wibley (1987) 24 Mass App 912, 507 NE2d 256, review den (198.71 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 Dept v_Wibley (1987).24 Mass App_ 912, 507 NE2d 256, review den (1987)_400.Mass_1.10_1, 508 NE2d 620. Word "alteration" is defined differently depending on context. Con gregation.Beth _Sholom & CommunityCenter, Inc. y Buildng_Comm'r of Fr mi Comm'App 276, 537 NE -2d-60,5, review den (1989).405 M_ass_.1202, 542 NE2d _601, Automatic sprinkler requirement applicable to relatively urge nonresidential buildings is fire safety measure. C_o_ngregad —Beth Sholom&.Communit�C_Center, Inc._v__BuI_ - _Comm'r of Framingham (1989) 27 Mass_App 276,_ 537__NE2d_605 review den (1989) 405_Mas5 1202, 542 NE2d 60.1. "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, nc. v Building Comm'r of Framingham (1989) 27 Mass ADD 276 537_NE2d_605 review den (1989) 405 Mass 1202542 NE2d 601. Renovation work to substantial portion of building costing $550,000, including installation of new ceilings, floors and walls, relocation of air conditioning ducts and stairway, and extension of building to add 210 square feet of space constituted "major alteration," requiring installation of automatic sprinklers. Congregation Beth Sholom & Community Center, Inc. v Building Comm'r of Framingham (1989) 27 Mass App 276 537 NE2d 605, review den 1989 405 Mass 1202, 542 NE2d 601. Requirement that automatic sprinklers be installed if "major a'teration" to building is done is not unconstitutionally vague. Congregation Beth Sholom & Community Center, Inc. v Building Comm'r of Framingham (1989) 27 Mass ADD 276, 537 NE2d 605 review den . 19891405 Mass _1202542. NE2d _601. Installation of automatic sprinklers in building undergoing "major alteration" could be required even though failure to do so subjects owner to criminal prosecution. Congregation Beth. Sholom& Community Center,_ Inc._ v. Building Comm'r.of_Framngham (1989127. Mass App 276, 537 NE2d _605, review den (1989).405 Mass.1202 542 NE2d 601. Source: Massachusetts > Statutes & Regulations > MA - Annotated Laws of Massachusetts i TOC: Annotated Laws of Massachusetts > Chapter, 148. Fire Prevention > § 26G. Automatic Sprinkler Systems; Required Installation; Exceptions; Alternative Fire Suppressant Systems; Appeal within 45 Days of Notice to Automatic Sprinklers Appeals Boar View: Full Datefrime: Monday, March 12, 2007 - 3:58 PM EDT About LexisNexis I Terms & Conditions Lexis eX15 Copyright © 2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. DEVAL L PATRICK Gaveram, 7UMY llf UMMAY Ueatmwt Gavaraar Fehumy 26, 2007 THE COMMONWEALTH OF MASSACHUSETTS Massachusetts E)XcuTIVE OFKC$ OF ENVIRONMENTAL AFFAIRS AFIXITZ Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 Department of 617-626-1700 fax 617-626-1850 www.Maas.gav/AGR AgdCtdittral Resdurces Ms. Pabtoia Lambedt WinWa F.questri= Came, tate. 125 VIWMast Farm Road North Axdevm, MA 01845 Dear Ms. Lambert IAN ROWI.EB I ails respot t to YM telephone cag of Websday, feb=y 210 2007 ooncoming the town's regah+et ad to 1 w rift i ft sans Basad an flea Mg. L Laws Chapt em 14$, Section 26G and ChRtar mWkmawis not � MO. L.t (star 14.;. Section 26 G saps: CRVi= i4& FDW PREVElril OVY elf& Sacfim 266L N Now k~ or admom "Mmuk SWPNMW or►9"Nuff Sactfon 26G. In any dly ar town which ac%* flee pravWam of this seetidn every bedMw of more than wvwn)�, w l wAvdgraas squats fast m floor ova or every add/Nae of mare than seventy-, jae bwxkr4 grays Maare feet in floor area shall be pratrvmd tlevughms wide an adequate syatm of aidomatte W**krs in awe with the provisions of the state bedl %W code,, p w1de4 however, than in aha case ofsaid id addkkn such an adequate system of aummane sprbWers shall be irestalkd in said addYtion only. No Stich sp *t bier sptem shall be requk+ed antes srocient wato and wa rer pressure exists For PwPv w of tlds section, the grass fie, jbet of a building or aidblon shall intrude the sear total of the float areas for all floor levels, &vemen tr and wb4asemww, remeasured from outside walls, irrespective of the cadstence of interiar jQre r=ist+im walls. floors and cellin&K ?Tits sec4m shall not gpp& to beefldi ep scud for agarkalturol pnposes as delned to secdoer one A of chapter one handred and tweaio-L4" In such buildings or addidom, or in certain areas of such buildings or addidow, where the diacharge of water would be an actual danger In the event office, 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 autotna0c sprinklers Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equonew building when such rooms or areas are protected with an automwic, re alarm system Sprinkler systems shall not be required in a one story building having afire resistanee 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 norbe required in open^ air parking structures, defined as: buil dings, structures, or portions thereof, used for parking mater vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each levels utlltzing-at least two sides of the structure. This section shall not apply to buildings or additions used for: residential purposes The had 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 -Jive days after the service of notice thereof,*appeal frons ,such interpretatim; order, requirement; direction or failure to act to the automatic sprinU& appeals board aspr7,,*kd i. -t section two hmu ked and one of chapter six - (rmphasis added] A ridirtg'stabie is defined as agricalbme in MGL, Chapter 128, Seadcm 1 A which is considered the standard deFi akion of egdoukwe and spocifically referenced in Chapter 148, Section 260. That definition is: C AffER 128 AGR[CUZTUM la,F,,,� 17T,IOM Ctapta'1 & secaon jA r q"Iawltifwww; d¢ud&M &zdon lA. "Farming" & " q rkCadtm 11 shall include fornang in all of its kwiches ,{ t and the cultivation and d lN�.$.e of ift -tog dQ��, dw produ w t ti+adm gl�Oft and �V�E ' "J ww apft ra aQital.Tt&QI, -7-A*u tzrd or hOrtlC7tltwal the VvwtV and harmstl>xg offorest p Aim sgo�relorm lurid the raising o rlh,,fo,* bwlraliitS iimses, dire N&Vkg o1'horses as a evowsereW wdgprkq t1w kaephW and radsing ofpourby, swine, cattle and other dvnhesticaseai awls umd for food pwpoteA bees; ftawlxaring mhitWk and anyfor=y or lwnbaft Werattona, performed by a fmrw, wha is 1weby *finedar arse aCq jcd M OVicwhM or farming ars herebw did or on alarm as an incident to or is aw jkurfion with such. fary ft operatio>r,�, incdu ft prepr"`ions, to -storage or to war bt or to carriers for transportation to marb r. (etarpAMIJ thddea� As one tea am from the bolded seation of *a ab m definffim the emoo=W iaeeping of hoceea is da&od by abom ars agricultauo. 7baefore ft ateenptaoa p ovided m agriculd=W btdidinp in MGL Chapter 14$, Seabee 26G wood oiewly Vpb► m yea new riding smbielivadooc I hope Uus answers yarn question sod clarifies for rho DWdmg Department sate questions they may have. Simce�y; t. r Re�A .Cage Assisrst+t Cowmissioaer and Chief of Staff page 2 of 2 . n. TOWN OF NORTH ANDOVER Fire Deparm*M Central Fire Flmadquar M 124 MAIN ST1tEET NO1:TH ANDOVER MASSACHUSETTS 0 i 84$ Takphono (970) 688-9593 Willwtt V. Dolan FAX (978)619-9 94 (,)IwnjDepVV»unt William P. Martineau.�martiara►,it;Tcw��otivotth4�xfn�;,�.�.,n� Jrpdh- L'kiff Patricia Lmmw 125 WiadWdst Rods. Rd. Nm& Aabrw, W, (1$41 27 Febeuary 2007 Dwir Me. Lmdwt, rableambtAreibeeooe to the paropoaad eady-hm 69 by am bmulmd and tidM sac fat vouch= do youAft tUWw-�Oma � 149 Se iod 2 mind to P h a !Wl w1mWo A o- ' i I rsi m. A wpy of tine law is amloted win t3r1t low. You bye a 1* to Bost�d brit d1mmimalm w o tt *dyfive days of ramipt oftbis hdartoda Astons* Spdddw Appeds a ooW is tbo laat patsy *b of MCS. 1489,W=260. I do sot beiiiass tlgrt t!� pinvidboe of ? Im abotom DaewW IAaw C Wpw 121 Sealoa 1 A ere apptlesbb to Ibis bnildt and dtenil n tlms is na wawdm md dwWUftawe betty -s -ilk aprbftw yon UMBOa. A aopy ofNGL C:hVW 121 Seodaa 1 A is eIn aid*" 1n a dit die dombmiieait it my dowmbw ioo that thio etradoro is sot be wed For so* *rdw "ndit oFllvoetoc>r Iwaft batem the hmphg of hoeeee v a aommemw coupdoe" but mbar w we arena hr use by the pW& 10 provide troWn to the p&* is bone ddbi andit.bows to-tbe-poW Is mvivwlse ynw wabeim there ate sews! e-, Aeeooee a do uao ettbe eurrval Wow areas far the purpow of ooerdt>ad ldwaos ad "Pwibsm is a Friday t�s hone elbow, aarmplO wltbhrdg riM Am �► Tale dKwmk a den bosh lbrrdre publle se ty of those penona wha will pardaipate Lard attend eraao wil6in the geaiwm ten. VAHIem V. DdIpr Fin C Wd Ca: Atty. Tboam U AWb - - . . Gmmm amwa, ftwioer laepeeerr —. i0 39dd 108998Zt8L L9:E0 L00Z/E0/10 Of ,,ORT .,M O v J Town of North Andover 14F.A1714 nFPAID TMFNT ,sSACHU�+E4 CHECK #: LOCATION: H/O NAME: ft CONTRACTOR NAME: Type of -Permit or License: (Check box) 1.357-;0Pd ®Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service - Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal (Septic) Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems: ❑ Septic - Soil Testing $ ❑ Septic - Design Approval $ ❑ Septic Disposal Works Construction (DWC) $ ❑ Septic Disposal Works Installers (DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ ❑ Other: (Indicate) $ 331 Health Agent Initials' White - Applicant Yellow - Health Pink - Treasurer '•.',"oo COMMONWEALTH OF MASSACHUSETTS North Andover '! ' • Board of Health NUMBER BHP -2007-0035 FEE $35.00 DATE ISSUED Patricia A. Lambert - WINDKIST FARM March 01, 2007 ----------------------------------------------------------------------------------------------------------- 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; 1 Swine; 39 Adult Equines; 2 Young Equines; Private, Boarding, Training, ------------------------------------------- 'E ------ Lessons Board of --------------------- ------ Health - ----- -- - ---fl------- ---------------------- NOTES: Contact: 978.375.5504 - Cell; 978.688.7662 - Barn gORTM Ot4t��o ;�1N0 T6WN OF NORTH ANDOVER Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT S��Moe 1600 OSGOOD STREET; Building 20; Suite 2-36 NORTH ANDOVER, MASSACHUSETTS 01845 978.688.9540 — Phone Susan Y. Sawyer, REHS/RS 978.688.8476 — FAX Public Health Director healthdept a,townofnorthandover.com Animal Permit Form www.townofnorthandover.com The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 23, 131 and 143 of the General Laws, and subject to the rules and regulations of the local Board of Health and Zoning Bylaws. ADDRESS/LOCATION OF ANIMALS: OWNER'S NAME: OWNER'S TION IF DIFF Dealer: Yes_ No. 1. Cattle (Adult = 2 years & over) Dairy Beef Steers/Oxen 2. Goats (Adult = 1 year & over) 3. Sheep (Adult = 1 year & over) 4. Swine: Breeders Feeders 5. Llamas / Alpacas 6. Equines: Horses / Ponies Donkeys / Mules Stable use: Private 2"' Boarding Rental O Lessons V M TOTAL ACREAGE: Adult Young (number of) 7. Poultry: Chickens Turkeys. 8. Rabbits: 9. Other: T II Training 9 to, le C-1 . i Name of Applicant (PLEASE PRINT) Sigfigure of Applicant Contact Phone Numbers (indicate cell; home; work, etc.) ( `79 l 3 Z:5 — jy, 5� (& FEE: $35.00 Please make check payable to: Town of North Andover (mail to above address) IF NOT RENEWED BEFORE MARCH 1sT. THE FEE WILL BE DOUBLED TO $70.00 Information requested by the Department of Agricultural Resources Bureau of Animal Health — Form 74- 500 BKS — 7103 — 4DBSBBI- DATE PRINTED 02/20/2007 ESTABLISHMENT NAME: File Number: BHF -2005-000010 RE: 2007 LICENSE RENEWAL LOCATED AT: 125 WINDKIST FARM ROAD NORTH ANDOVER, MA 01845 OWNER: Patricia A. Lambert ANIMAL LICENSE Patricia A. Lambert - WINDKIST FARM 125 Windkist Farm Road Attn: Patricia A. Lambert NORTH ANDOVER MA 01845 PHONE: (978) 375-5504 RENEWAL FEE DUE: $35.00 LATE FEE AFTER MARCH 1st - INCREASE FEE TO $70 PERMIT TYPE FEE DURATION: ANNUAL SEASONAL TEMPORARY Animal $35.00 0 F-1 ❑ RESTRICTIONS: Acreage: 15; Swine: 1 miniature potbelly; Equine: 24 Adults; Boarding; Training; Rental NOTES: Contact: 978.375.5504 - Cell; 978.688.7662 - Barn Total Fees: $35.00 This is a courtesy reminder.... your 2006 Animal License expires on Thursday, March 1, 2007. In order to renew your permit, you must complete the enclosed application and return it along with the renewal fee of $35.00 Please fill out the enclosed form completely, since applications submitted without the necessary completed information will delay the issuance of your permit. Application and fee must be returned to: Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 no later than Monday, February 26, 2006. Please make check payable to the Town of North Andover. Please note that the Board of Health will levy a penalty fee by doubling the renewal fee if the license is not renewed by March 1 st. Therefore, if your license fee is $35.00, your cost for being late will be $70.00. If this is disregarded, the North Andover Board of Health may revoke your license, and/or levy an additional fine. If you have any questions, please call the Health Office at 978.688.9540. Our website is: http://www.townofnorthandover.com. All regulations and applicable forms can be found on the website as well. If you have any questions, you can e-mail us at: healthdept@townofnorthandover.com, or call: 978.688.9540. Thank you for your cooperation during the renewal process. Enc: Animal License Application Form Commonwealth of Massachusetts ` North Andover F A. Board of Health 1600 OSGOOD STREET BUILDING 20; SUITE 2-36 �a+tl'iaA�i.� NORTH ANDOVER, MA 01845 DATE PRINTED 02/20/2007 ESTABLISHMENT NAME: File Number: BHF -2005-000010 RE: 2007 LICENSE RENEWAL LOCATED AT: 125 WINDKIST FARM ROAD NORTH ANDOVER, MA 01845 OWNER: Patricia A. Lambert ANIMAL LICENSE Patricia A. Lambert - WINDKIST FARM 125 Windkist Farm Road Attn: Patricia A. Lambert NORTH ANDOVER MA 01845 PHONE: (978) 375-5504 RENEWAL FEE DUE: $35.00 LATE FEE AFTER MARCH 1st - INCREASE FEE TO $70 PERMIT TYPE FEE DURATION: ANNUAL SEASONAL TEMPORARY Animal $35.00 0 F-1 ❑ RESTRICTIONS: Acreage: 15; Swine: 1 miniature potbelly; Equine: 24 Adults; Boarding; Training; Rental NOTES: Contact: 978.375.5504 - Cell; 978.688.7662 - Barn Total Fees: $35.00 This is a courtesy reminder.... your 2006 Animal License expires on Thursday, March 1, 2007. In order to renew your permit, you must complete the enclosed application and return it along with the renewal fee of $35.00 Please fill out the enclosed form completely, since applications submitted without the necessary completed information will delay the issuance of your permit. Application and fee must be returned to: Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 no later than Monday, February 26, 2006. Please make check payable to the Town of North Andover. Please note that the Board of Health will levy a penalty fee by doubling the renewal fee if the license is not renewed by March 1 st. Therefore, if your license fee is $35.00, your cost for being late will be $70.00. If this is disregarded, the North Andover Board of Health may revoke your license, and/or levy an additional fine. If you have any questions, please call the Health Office at 978.688.9540. Our website is: http://www.townofnorthandover.com. All regulations and applicable forms can be found on the website as well. If you have any questions, you can e-mail us at: healthdept@townofnorthandover.com, or call: 978.688.9540. Thank you for your cooperation during the renewal process. Enc: Animal License Application Form n ' I10RTH l� `) O�ttia° 6��0 0 ~ � L � COMMUNITY DEVELOPMENT DIVISION Building (onservation Health Planning Zoning MEMORANDUM TO: 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 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. LEGAL: 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 newbui/ding or constvction, which contains more than two thousand (2, 000) square feet of gross floor area... or results in the requirement of five (5) or more new/addibonal parking spaces " The applicant will need to file for a Site Plan Review special permit through the Planning Board (application attached). 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9531 Fax 918.688.9542 Web www.townofnorthandover.com .a 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 Farm 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 barn at Windkist Fane, 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 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 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 barn/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. CONSERVATION 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 ,, Attad�mentt 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com THOMAS J. URBELIS e-mail tjuca;uf-law,com Mr. 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 January 19, 2007 Andover Telephone 978-475-4552 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, -12 Marr A -pt. Ct. 706 (1977 a YY / ; ) aUdd. essed the issue of ,'; hethcr the agricultural e :emptiO:i 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,. 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, maternal: diminution of the protection provided by § 3 for the continued use of agricultural land. s: `•wp5 I \work\n-andove\corresp\bel lavance.ltr3.doc 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 setd d exceptions, bona fide proposals for new structures may be reasonable regulated, and a special permit may be reasonably- required. The p 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, 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 speck 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 storageldisplay 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, Brusdin, 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 Aiarcn fobtelrn� Please type or print clearly: 1. 2. Petitioner• Address: Telephone Number: 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 R 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 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. 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. µoRtti NUMBER 04 ••�'° •;;'o°` COMMONWEALTH OF MASSACHUSETTS BHP -2006-0045 ° A North Andover FEE $70.00 Board of Health �''e.,,�• ,r'`,�g DATE ISSUED 1SS"CMUSe� Patricia A. Lambert - WINDKIST FARM March 01, 2006 ------------------------------------------------------------------ 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, 2007 unless sooner suspended or revoked. RESTRICTIONS: Acreage: 15; Swine: 1 miniature potbelly; Equine: 24 Adults; Boarding; Training; Rental---------------------------------------------------------- Board of ----------------------------------------------------------- Health NOTES: Contact: 978.375.5504 - Cell; 978.688.7662 - Barn -----------_-_----------------_--------------------------------------------------------------------------- - NUMBER COMMONWEALTH OF MASSACHUSETTS BHP -2006-0045 �� "• •' °� North Andover FEE o��' i • • Board of Health $70.00 DATE ISSUED �� s'••° s {� Patricia A. Lambert - WINDKIST FARM March 01, 2006 CMU NAME ---------- 125 WINDKI-ST--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, 2007-------------- unless sooner suspended or revoked. RESTRICTIONS: Acreage: 15; Swine: 1 miniature potbelly; Equine: 24 Adults; Boarding; Training; Rental Board of --------------------------------------------------------- Health ------------- -------------- NOTES: Contact: 978.375.5504 - Cell; 978.688.7662 - Barn ---------------------------------------------------------------------------------------------------------------------- - I LETTER OF TRANSMITTAL North Andover Health Department 400 Osgood Street North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 - Fax healthdept(atownofnorthandover.com - E-mail www.townofnorthandover.com - Website E pORTH 1 O K��to ,a� /�r0 ILI O? OtA 4 ' X44 coc.eiArm .«u w.cw `y1 �+cH Page of us TO: Benjamin C. Osgood, Jr., P.E. DATE: 11R IQ�p COMPANY: New England Engineering Services, Inc. FROM: Pamela DelleChiaie, Health Dept. Assistant Phone: 978.686.1768 RE. Fax: 978.685.1099 We are sending you: "Ian Review Letter OAPPROVED OT APPROVED OSystem Construction Follow -Up OOther These are transmitted as checked below: OFor your File J�' AIRs equired OAs Requested OFor Your Use REMARKS: COPY TO: Fax # or Mailed COPY TO: Fax # or Mailed COPY TO: Fax # or Mailed TRANSMISSION VERIFICATION REPORT TIME 01127/2006 13:21 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 01127 13:19 FAX NO./NAME 89786851099 DURATION 00:00:58 PAGE{S} 03 RESULT OK MODE STANDARD ECM TOWN OF NORTH ANDOVER f gORTM Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT p Y 400 OSGOOD STREET �► ^o, , ,r NORTH ANDOVER, MASSACHUSETTS 01845 �� S" ACNUSt Susan Y. Sawyer, REHS/RS 978.688.9540 — Phone Public Health Director 978.688.9542 — FAX January 18, 2006 Benjamin Osgood, PE New England Engineering Services 60 Beechwood Drive North Andover, MA 01845 RE: 125 Windkist Farm Road, North Andover, MA, Map 109, Parcel 34 Dear Mr. Osgood, The proposed onsite wastewater system design plans for the above site dated December 14, 2005 and received on December 20, 2005 have been reviewed. Unfortunately, the plans cannot be approved as submitted. The following items are in need of attention prior to approval, with the section of Title 5 (3 10 CMR 15.000) noted: 1. Trenches are the preferred method of wastewater dispersal. Please utilize them or indicate why trenches are not suitable for this site. 240(6) 2. There is no identification of testing in areas deemed unsuitable by the engineer. This should be elaborated on in writing for the file for future reference. Once the health department is satisfied that there is no other suitable area for the system, an easement should be drawn up and a draft submitted to the Health office before an approval can be issued. Actual recording must be done prior to the issuance of a disposal works permit will be issued. Please note that in reviewing this plan is appears that these lot lines have been redrawn within the past 10 years, it seems that the client wished to maintain the 5 acres for the main house for zoning purposes thus creating this dilemma by choice. 3. The engineer states that they have done unobserved testing in numerous areas on these 10.9 acres of property. Given that there are numerous areas of unsuitable soils on this property, the lack of deep hole and percolation testing at the far (south east) end of the leaching area is of great concern. In addition, I am not aware of any approval by the health consultant or staff that the need for proper testing was being waived due to reasons allowed by Title V. For this reason additional tests that meet the minimum standards will be required prior to plan approval. As the applicant is asking to request a easement on additional property, this is even more important 102(2) 4. Please verify if there are to be washing machines in the barn — sometimes they are used to wash horse blankets, etc. This could affect the wastewater strength and could impact the system design. 5. There are no plans on file with the health department that prove that a 5 bedroom design is appropriate for this home. A floor plan must be submitted prior to the approval of the septic plan. f 6. Please identify the location of and proper measures for abandoning the existing onsite wastewater system. - 354 Although not a reason for disapproval, you may wish to consider using pressure distribution of the effluent given the slow permeability of the soil. Also, it is important to note that constant horse traffic over a septic system can cause long-term damage and should be avoided. Care should be taken to keep this area free of horse traffic. The assessor's information does not show a 5 -bedroom single-family residence on this property nor a rooming house and there are no pending plans for improvement at the building office. This 5 -bedroom design can only be approved if the proper infil�ation verifying this is submitted. Please submit a floor plan of the residence along with any other rel6vant information. Please feel free to contact the office with any questions you may have. We look forward to working with you to obtain an onsite wastewater treatment and dispersal system which will be in compliance with all regulations and assure protection of public health and the environment of North Andover. f Sincer , /S an Y. Sawyer, HS/R� Public Health Director cc: Homeowner File Town of North Andover Health Department Date: / 02 p DSS Location: (Indicate Address, if Residential, or Name of Business) Check #: Type of Permit or License: (Circle) ➢ Animal $ ➢ Dumpster $ ➢ Food Service - Type: $ ➢ Funeral Directors $ ➢ Massage Establishment $ ➢ Massage Practice $ ➢ Offal (Septic) Hauler $ ➢ Recreational Camp $ ➢ SEPTIC PERMITS: ❑ Septic - Soil Testing $ ❑ eptic - Design Approval ❑ Septic Disposal Works Construction (DWC) $ - ❑ Septic Disposal Works Installers (DWI) $ ➢ Sun tanning $ ➢ Swimming Pool $ ➢ Tobacco $ ➢ TrashlSolid Waste Hauler $ ➢ Well Construction $ ➢ OTHER: (Indicate) , '13,10 Health Agent Initials White - Applicant Yellow - Health Pink - Treasurer r TOWN OF NORTH ANDOVER OE pORTM 1 Office of COMMUNITY DEVELOPMENT AND SERVICES or •';°��� °°R HEALTH DEPARTMENT « i 400 OSGOOD STREET Y• ",• •r NORTH ANDOVER, MASSACHUSETTS 01845 ��sSACHUs�� 978.688.9540 — Phone Susan Y. Sawyer, REHS/RS 978.688.8476— FAX Public Health Director E-MAIL: healthdeut a townofnorthandover.com WEBSITE: hqn://www.townofnorthandover.com SEPTIC PLAN SUBMITTAL FORM RECEIVED Date of Submission: DQCeMLer a0, aooS- I DEC 2 0 2005 Site Location: Q5 w;nJ KS+ rArm 90a TOWN OF Nk)r�TH ANDOVER HEALTH DEPARTMENT Engineer: Neu) Fndayn� Services , S,nc. New Plans? Yes–x—$225/Plan Check #- (includes I" submission and one re- review only) Revised Plans? Yes $75/Plan Check # Site Evaluation Forms Included? Yes No }-Ori 01 Local Upgrade Form Included? Yes No N ,A Telephone #: �°� 7 Sl 8 -1-7(.S Fax #:(q? B) 4SS- 1019 E-mail: Yl e es en o 0.0 1• G o m Homeowner !� �L , Name: f gTr 141 o, ►nber-% OFFICE USE ONLY When the submission is complete (including check): ➢ Date stamp plans and letter ➢ Complete and attach Receipt ➢ Copy File; Forward to Consultant ➢ !/ Enter on Log Sheet and Database C NEW ENGLAND ENGINEERING SERVICES lk INC December 20, 2005 Mrs. Susan Sawyer North Andover Board of Health 400 Osgood Street North Andover, MA 01845 Re: 125 Windkist Farm Road, North Andover, MA Septic System Design Plan Dear Mrs. Sawyer, RECEIVED DEC 2 0 2005 TOWN OF NCRTH ANDOVER HEALTH DEPART ,TENT The following Septic System Design Plans and enclosures for the above referenced property are being submitted for approval. 1. (3) Copies of the Septic System Design Plans. 2. (3) Copies of a Conventional Pipe and Stone Alternative Sketch Plans. 3. (2) Copies of the Form 11 -Soil Evaluator Sheets. 4. (2) Copies of the Form 12 -Percolation Test Sheets. 5. Septic Design Submittal Form. 6. Check for the plan review fee. If you have any comments or questions please do not hesitate to contact this office. Sincerely, Thomas Hector Project Engineer 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 DelleChiaie, Pamela From: Lisa LeVasseur [lisal@millriverconsulting.com] Sent: Thursday, September 29, 2005 10:34 AM To: Sawyer, Susan; amcbrearty@millriverconsulting.com; DelleChiaie, Pamela; dano@millriverconsulting.com Subject: soil test For 125 Windkist Farm Thursday, October 6 at 9:30 Lisa LeVasseur Mill River Consulting Your Complete Source for Onsite Wastewater Management 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriverconsulting.com <http://www.millriverconsultiniz.com/> " � 1 Page 1 of 1 DelleChiaie, Pamela From: Lisa LeVasseur [lisal@millriverconsulting.com] Sent: Friday, October 14, 2005 12:39 PM To: Sawyer, Susan; amcbrearty@miliriverconsulting.com; DelleChiaie, Pamela; dano@millriverconsulting.com Subject: 125 Windkist Farm Here are today's soils. Lisa LeVasseur Mill River Consulting Your Complete Source for Onsite Wastewater Management 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.mil lriverconsulting.com 10/14/2005 DelleChiaie, Pamela From: Sawyer, Susan Sent: Monday, October 17, 2005 8:28 AM Page 1 of 1 ' To: Lisa LeVasseur; amcbrearty@millriverconsulting.com; DelleChiaie, Pamela; dano@millriverconsulting.com c Cc: Grant, Michele , Subject: RE: Windkist Farm Road N I guess we can take care of this one. Pam, please put Michele on the schedule for this overnight soak. Also, call NEES and find out what time they are going to begin the overnight soak on Wed. and what time they need her there on Thursday. Michele, if you have something scheduled I am not aware of. Please let me know. Thanks everyone. Susan -----Original Message ----- From: Lisa LeVasseur[mailto:lisal@millriverconsulting.com] Sent: Sunday, October 16, 2005 9:44 AM To: Sawyer, Susan; amcbrearty@millriverconsulting.com; DelleChiaie, Pamela; dano@millriverconsulting.com Subject: Windkist Farm Road Hi Pam, Soil test was completed last week but percolation test needed an overnight soak. NEES would like to start soak on Wednesday and do the test on Thursday of this week. Should we cover this or would you like to? Please advise. Thanks! Lisa Lisa LeVasseur Mill River Consulting Your Complete Source for Onsite Wastewater Management 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriverconsulting.com 10/18/2005 DelleChiaie, Pamela From: Lisa LeVasseur [lisal@millriverconsulting.com] Sent: Tuesday, September 13, 2005 10:03 AM To: Sawyer, Susan; amcbrearty@millriverconsulting.com; DelleChiaie, Pamela; dano@millriverconsulting.com Subject: Windrush farm soils resend 0 Soilsltif Lisa Please let me know if these are more legible. Thanks! Lisa LeVasseur Mill River Consulting Your Complete Source for Onsite Wastewater Management 2 Blackburn Center Gloucester, MA 01930-2259 978-282-0014 or 1-800-377-3044 fax: 978-282-0012 www.millriverconsulting.com<http://www.millriverconsulting.com/> t� 6 j 1\ A.0 }� �s v VIA Qg �a s IF �OMc�� loA/ b 3 Town of North -Andover Health Departe t 1 Date: DS Location: (Indicate Address, if Residential, or Name of -Business) Check #: ?& 9 Tvve of Permit or License: (Circle) ➢ Animal $ ➢ Dumpster $ ➢ Food Service - Type: $ ➢ Funeral Directors $ ➢ Massage Establishment $ ➢ Massage Practice $ ➢ Offal (Septic) Hauler $ ➢ Recreational Camp $ ➢ SEPTIC PERMITS: --Septic - Soil Testing $ ❑ Septic - Design Approval $ ❑ Septic Disposal Works Construction (DWC) $ ❑ Septic Disposal Works Installers (DWI) $ ➢ Sun tanning $ ➢ Swimming Pool $ ➢ Tobacco $ ➢ TrashlSolid Waste Hauler $ ➢ Well Construction $ ➢ OTHER: (Indicate) 933 Health Agent Initials White - Applicant Yellow - Health Pink - •Treasurer NEW ENGLAND ENGINEERING SERVICES, INC. Town of North Andover Windkist Drive Soil test 8/3/2005 R I : � I V --�D AUG 0 4 2005 TOv.,JVER HEAL; H JL`'H,Z1 -11L NT 360.00 Checking - Bank -north 360.00 LETTER OF TRANSMITTAL North Andover Health Department 400 Osgood Street North Andover, MA 01845 978.688.9540 - Phone .101 ` 978.688.8476 - Fax healthdent(��townofnorthandover com - E-mail www.townofnorthandover.com - Website Page L of V %.a v /b'6ryO\ powt xt s �a yy nO14 coeNKMwwtw y TO: Daniel Ottenheimer DATE: QS'� COMPANY: Mill River Consulting FROM: Pamela DelleChiaie, Health Dept. Assistant Phone: 1.800.377.3044 or 978.282.0014 RE: ' Fax: 978.282.0012 COPY TO: We are These are transmitted as OFor Review and comment OAs Requested As Required OFor Your Use REMARKS: COPY TO: COPY TO: SIGNED: COPY TO: BOARD OF HEALTH NORTH ANDOVER, MASS. 01845 978-688-9540 APPLICATION FOR SOIL TESTS R7`1'' AUG 0 4 2005 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT DATE: 5� MAP & PARCEL: LOCATION OF SOIL TESTS: 1--O'+f— OF 1;31� TEL.NO.: g7B-661- 67-15b Ro&7> ENGINEER: Kew (Q6 ``c oktgCtCp qc z TEL. NO.: q 7 e -b9i (0 - / % & l CERTIFIED SOIL EVALUATOFA EN2,18 /!ll �g Intended use of land: Residential Subdivision Single Family Home Commerciale Is This: Repair testing Undeveloped lot testing In the Lake Cochichewick Watershed? Yes THE FOLLOWING MUST BE INCLUDED WrM THIS FORM: Upgrade for addition X No 1. Proof of land ownership (Tax bill, deed, or letter from owner permitting tests) 2. Plot plan 3. Fee of $425.00 per lot for new construction. This covers the minimum two deep holes.and two percolation tests required for each disposal area. Fee of $360.00 per lot for repairs or upgrades. GENERAL INFORMATION 1. Only Certified Soil Evaluators may perform deep hole inspections. 2. Only Mass. Registered Sanitarians and Professional Engineers can design septic plans. 3. At least two deep holes and two percolation tests are required for each septic system disposal area. 4. Repairs require at least two deep holes and at least one percolation test, at the discretion of the BOH representative. 5. Full payment will be required for all additional tests within two weeks of testing. 6. Within 45 days of testing, a scaled plan (no smaller than 1"-100') shall be submitted to the Board of Health showing the location of all tests (including aborted tests). 7. Within 60 days of testing soil evaluation forms shall be submitted. Please Do Not Write Below This Line N.A. Conservation Commission Approval: Date Received: Check Amount: Check Date: Dellei�hiaie,'Pamela From: DelleChiaie, Pamela Sent: Thursday, August 04, 2005 2:35 PM To: Osgood Ben (E-mail) Subject: Windkist Farm Road Importance: High Hi Steve, Just to be sure we are on the same page, I want to confirm again the Windkist location for Soil Testing: Lot 8 - #125 Windkist Farm Road - Map 109/Parcel 34. Please refer to this assessor's list for the other map/parcel numbers. I think after all of our review, and looking through the files, I still wrote #115 on your receipt. Just want all the paperwork to be consistent. Also, there is nothing on file that refers to sections A or B. Was that for your reference purposes? Thanks, Pam Home.htm 115 actually refers to 109/69. North Andover Board of Assessors Public Access Page 1 of 1 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=1 8/4/2005 North Andover Board of Assessors Public Access Page 1 of 1 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=11 8/4/2005 `t f�+if i Y'' ♦ 1 r'II. V£LOPMENT v far N/F DIANE HEKIM/AN BOOK 2984 PACE 514 MAP fO9 LOT 42 30 0 sO IOOrJ SCALE: f`v/O0' 114. N/F HOWARD ZOLOT LISA KELLEY—ZOLOT BOOK 3008 PAGE 207 MAP 109 LOT Is VA 0 `• 6 0 �SOddNd �,]Mns �J0A 10N ,,ANO =VOS ]fid S1N3WidNSbdW -S'i'd `SMO 'S YNV�JJ J,8 NMd 10 SdVA ZON �VDSIU 90 � 'ON HONI L '= 1-JIJ 00-b - ]�VOS DelleChiaie; Pamela From: DelleChiaie, Pamela Sent: Thursday, August 04, 2005 2:35 PM To: Osgood Ben (E-mail) Subject: Windkist Farm Road Importance: High Hi Steve, Just to be sure we are on the same page, I want to confirm again the Windkist location for Soil Testing: Lot 8 - #125 Windkist Farm Road - Map 109/Parcel 34. Please refer to this assessor's list for the other map/parcel numbers. I think after all of our review, and looking through the files, I still wrote #115 on your receipt. Just want all the paperwork to be consistent. Also, there is nothing on file that refers to sections A or B. Was that for your reference purposes? Thanks, Pam Home. htm 115 actually refers to 109/69. North Andover Board of Assessors Public Access Page 1 of 1 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=1 8/4/2005 North Andover Board of Assessors Public Access Page 1 of 1 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=11 8/4/2005 Tel: (978) 682-3757 Fax: (978) 682-3758 Town Clerk Town of North Andover North Andover, MA 01845 FE^EIVE0 CC TC'. Patricia A. Lambert, Esq. „ �' n k.. 115 Windkist Farm Road 2007 MAR 15 Ali 8: �9 North Andover, MA 01845 HIA15% plambert(a�windki%tfarm.com RE: Application for building permit Windkist Farm Dear Sir/Madam: March 12, 2007 NORTH ANDOVER REE W7._' � OFFICE Of TOWN MANAGER MAR 2 0 2007 TOWN OF NOR i r9 r; :H HEALTH DEFA. I is -,ANT A 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 Buildings was in derogation of the laws of the Commonwealth of Massachusetts. For Items 1 and 2 , see 780 CMR 116.1. 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 Inspector and Fire Chief are in derogation of the laws of the Commonwealth of Massachusetts. See G.L. Ch. 148, Section 26G 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. Very truly yours, pilruelk, S -Z Patricia A. Lambert PAL:m Encs. o a S BUILDING DEPARTMENT (ommultily Oatrelopment Dlrfslan MEMORANDUM Pak Lambert 125 W'Md dd Feta P,=d North Andover, MA 01145 RL- BULOM PMLMff FOR INWN RIDING ARM OW MS. Letobut" . VOW daaid � �� bw�f P�* eo eomwag ao 1,3=1 sqm loot 1ed0ot'ridleS tip ily 1t 1. You have not s>abfnl ad it spots Ilam a :tn cWM a sineer a mquW by the Stade Code. See 710 CMR -1 1fiA -. _ Z Yat bm not SWWdrted n Parc WCd f9PW hots a Itebtlsed 4PSk tar is order tit ad&= do Brlta kft Wd Soil cotAkka is v WA the ftmdatlatt wa -W9904-= fegtdted by dw Stem BUMS Cade. $a M CMR i 16.0. , " 3. You do ad bm to aquh eerdficedm lbr a :~mane: camp for dd&* a as required by Table 106 of 710 CML 4 The Nam Andover Fite Ch1ef hn demrtnined dw the wane ir nquw to have eprinkkm, and a fie dakcdoo and alorrn nodfleatloA go= to no* ocewot/ of a firs is *0 t nuft a You 104 appeal nq dKermkWoa d to the Bu I ft Code to the State Builds Coda Appaala Hord ($ee Q.L. oh. 143.1" aod;104 Ane Alhbtutoa Place. RAorn 1301. Somik MA 02101. You an not required to filo for a she plan spacial permit under Section 1.3.2(4) of the North Andow Zoning Bylaw. Very truly Your. (kraid Brown. lnspemr of Buildings cc: Curt Bellavanu Marie Real Attorney Thomas Urbelis 1100 04ped Sind. Nord Ad1vu, Matachl/Mr W 10 Pb"S 1711rt11/1 No III A211919 gab WWwbwdNW1kM W.tW search - 1 Kesult - 116.1 General: Nage 1 of 1 Source: Massachusetts > Statutes & Regulations > MA - Code of Massachusetts Regulations i 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. Ce- 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 i TOC: Code of. Massachusetts Regulations > / ... / > 780 CMR 116.0 REGISTERED ARCHITECTURAL AND PROFESSIONAL ENGINEERING SERVICES - CONSTRUCTION CONTROL > 116.1 General: View: Full Datefrime: Thursday, December 28, 2006 - 4:26 PM EST About LexisNexis l Terms & Conditions LexisNexis Copyright © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. tAO R L tL 40 COMMUNITY DEVELOPMENT DIVISION Building Conservation health Planning toning MEMORANDUM TO: Gerald A Prown, Inspector of Buildings FROM: Curt SellMnoe, Director RE: Windldst Farm — Building Permit Application DATE; January 24, 2007 �9 bcft at Farm. � ng P � of a� banylr� � I � solldbed ired by ar weq as what mnZon� Iwn a full tmd hg owhat �htnnaft is various �vcoon. ►remen� the apply will need to address prior to a he fbil w and was gated Into two areas, the first Is for the the second is an assessment arra m building Completed at this property to ensure the f nn is co regarding vft �onai �andi Smay need to be l�Ls to regulations. a. Appikation requirements. Town Counsel has stated that we can reasonably regulate a new agrkultural includes requiring that the applicant fellow the Site Plan Review (a�aded). The Site Plan Review appikatlon is the ftrst� Permit ter issuing a building permlt step and must be completed Prior to a. Application requirements. The application is for the construction of an 8300 SF with the Zoning Bylaw. Section &3.2(a), developments indoor riding facility. In accordance Permit are: require a Site Plan Review special "any new bw"! yng Or lye whk�h cr�ntalnts more Mian (2 AA0) a�quale 1�e1 aifg/>�ss Saar ares .. ar i/Ys In the htio thousand (S) ar mOfe new/adol-Mv! planking IV ul ent ofAve The applicant will need to file for a Site Plan Review special permit through the (application attached). Planning Board uuu usg000 street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web WWW.townolnorthnnd,,,.., b. No additional items identified. �!lILDING PA END a. Application requirements, After review of the application, the Building Department support the application. The follows information is needed, res ttlonal documentation to the Town to issue a building ,based on CMR 780, in 4 jer for ng 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 Man Review spedal Prior to the issuance of a building permit permit b. Additk)rw items identified. C"Ps The web Page slats that summer camps are available. A certificate of i nspection Is as stated in 780 CMR Table 106 to operate summer camps. Inspection would� butrequired limited to, restroomfbdlitles. a. Application requirements, The Health Departnwt has Wh2ftFarm no issues re9�n9 the .tion of the indoor Shown on the plans provided, ►Ing s 125 no o heafih � pjbL* water or Public m facility rest morn provided too ft fad lty isleft Plans Is no pubik b. Addltkmai sterns are identified below. TheftbIwb� avDepartmentailable � le forodwconcems ��� the �a��t units and wl�etlW students a n9 classes and/or training: Quad Watar Dbftw Upon inspection at the bam at Wlndkist Fame, Health Department was evsdenoe of a recently excavated area in the front of the bam. The noted that there that a new pipe and possible leaching tank might have been installed. BW a indicated conflrtned that he had" Inspector Prewousl`V observed a�°Dd�� size of a nta k MADEp a large rectangle hole and had surmised R was the water discharges, negui re Permits for;X:nt source ground Sw& 5)%1b" Records show no indication of a properly installed septic system fbr CMR 310), According to the state codes, the owner shag this building (CMR 410.300, drainage system connected to the public provide, for each dwelling, a sanitary distance or ground conditions, connection to i • er Pmv1ded, that is, because of owner shall provide, and shall maintain In a sanitary c� ais t prwdcable, the which is In compliance with 3120 CMR 15.000 Subsurface Disposal of means O age disposal ry Sewage Please note that the Health Department had received and revs For a proposed septic system in December of 2005. A letter of a subsurface disposal Plan disapproval was sent to the 1600 Osgood Street, North Andover, Massachusetts 01845 ' Phone 978.688.9531 Fox 978.688.9542 Web www.fownofnorthondover.com Property owner, Patricia Lambert and New England further correspondence has been received since then. (see °n January 18, 2006. No ( attached letter). To address the issues and concems regarding ground water discharge the owner must hire a MA and N. Andover licensed Title V and the septic system, inspectlon of the entire site and submit the t inspector to conduct and Pipes from the facility that are used for transporting report The Inspector must identify all nsporting water into the ground. a )ce identlfted aomections or proper permitting must be pursued as required by MA laws and Proper order letter will be forthcoming to the property owner, regulations. A Camas The web page lists that summer camps are available. A license to operate is needed summer camps. In order to meet local and State conduct May 1, 2007. The State regulations a completed application is due on regulation 105 CMR 430, a. Application requirements. ieg pigxsed bam/rlding facility, the struck must havea fire sptinider system provtsior>ts of Mass. Gen Law Chapter 148 Section 26 G (atuxtmd) There should also be a fire detection and alarm notlflcatdon _ ofd C�odde. *Ucbz& These provisions would be fund in ArticleR 9x00 - o pants the State b. AddUmd � are identified below. CWCUMfactors and relies on Regula9 rdng the adsting structures. � � � bis its conoem ony ftVatlon Code 527 CMR. �wATION DEPAR't1lsBM a. Appom" M*Wwft RegardkV the Proposed .n9 facility, no permits are required from the Corsvvatlon that wetland resource areas are greater than 100 feet away from the Proposed work. Therefor% the Cmervatlon Commission does not have Jurisdiction. b• Additional concerns are kdentifted below. The Conservation Department has had record of several the rear of the property. rn one documented incident; this ft was plats of the large amount of ftu to down gradient towards the Andover Sportsmen's Club causing erosionbserved to have meted gradlerrt resource areas. The aPPikant should contact the , possibly impacting down Property to ensure that materials from the site do not epart rent so staff can walk the may eftdown gradient from triteproperty. � Pose an erosion thretheat to resources that the W Isemdon department would It have 0w.though p��tion site m� es �• for their files. Our office will be available to discuss this at your convenience, Q Uncoln Daley, Town Planner William Dolan, Fire Chw Alison McKay, Conservation Administrator Susan Sawyer, public: Heab Director 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fox 978.688.9542 Web www.townotnorthondover.com 6earcn - 1 Kesuit - g 2.6l1. Automatic Sprinkler Systems; Required Installation; Exception... Page 1 of 3 Source: Massachusetts > Statutes 8 Regulations > MA - Annotated Laws of Massachusetts i TOC: Annotated Laws of Massachusetts > Chapter 148 Fire Prevention > § 26G. Automatic Sprinkler Systems; Required Installation; Exceptions; Altemative 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 aearch - l Result - � 20(1. Automatic Sprinkler Systems; Required Installation; Exception... Page 2 of 3 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. HISTORY: 1982, 545, § 1; 1986, 284, § 1; 1986, 526; 1989, 416, § 2; ♦ 1994,_Z56. 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 JCaLUI - I KCsull - S adv. Hu10111auC 6prinmer systems; xequirea tnstattatton; txceptton... Page 3 of 3 App 912, 507 NE2d 256, review den (1987) 400 Mass 1101,50.8. NE2d 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 Dept v Wibley (1987) 24 Mass App 912, 507 NE2d 256, review den (1987) 40.0. Mass 1.1.01, 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 (1987 24 Mass App. 912, 507 NE2d 256, review den (1987)._400_ Mass1.101, _508 4E20620- Word E2d _620, Word "alteration" is defined differently depending on context. Congregation. Beth Sholom & Com mun ity. Center, Inc. y Building Comm'r of Framingham__(_1989J 27_Mass App 2.76, 537 NE2d 605, review den (1989).405 Mass._1202, 542 NE2d._601, Automatic sprinkler requirement applicable to relatively large nonresidential buildings is fire safety measure. Congregation Beth Sholom&.Community Center Inc. _v_Building_Comm'r of Framingham (1989) 27 Mass.A-pp 276,. 537_NE2d_605 review den (198%405 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& CommunitNCenter, Inc..v Building Comm'r of Framingham (1989) 27 Mass ADD 276, 537.-NE2d 6_05 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 (198 -9J -Z7 -J%55 -App 276, 537 NE2d 605, review den (1 989) 405J4ass_1202,— 42 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)2.7 Mass App 276, 537 NE2d 605, review den . 1989 405 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. Con%re ag tion 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. Source: Massachusetts > Statutes 8 Regylations > MA - Annotated Laws of Massachusetts i 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 Date rime: 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 PAT FUN Com` InMY fiY MiRRAT Umtenvat Gavemar Feb y 26, 2007 THE COMMONWEALTH OF MASSACHUSETTS Massachusetts EXCCZTI'IVE OFFICE OF ENVIRONMENTAL AFFAM Department of Agricultural Resources 251 Causeway Sheet, Suite 500, Boston, MA 02114 wDepwftewntof 617-626-1700 fax 617-626-1850 www.Maas.gov/AGR Agriculture! Resdurces Ms. PAbicia Lambut Wields# F.qa Cent, The. 125 Wi ldstFarm Road Nw& Auderer, MA 01845 DevWh L adbert wet BOWLM secramy Acting X amreapoftI o your tem mil of We&mdatiy, Pd mmy 21, 2007 000aoerniagthe tawn'z Lego to hm sp y pp uposed rung a Btged as 8�a Md, L Lease 148, Section 260 sndCt�pber teocpdc+ememt it�oetr�proprlata XQ L.' GhwptW 144,. Sada 26 G aaps: C UP i = Idd► FLK6PX07.WON ChWNl4 Sacdm26Qhafftporad&Bow,odmaketpp o maor9ritdiaVM= SacAm 26G. bt any dry or town which =go tie, provbkm of this recd m em y brill t of of m thane aevanti�fis h as*edgraat aqucwe, feat m jkw area or em► addition of moue than seamy -ac hwAW 8roufeet In float anew shall be, woftW dmghms with an a dVO40 sy8t= of 40UN k sprbrlders in awwVome wI& the provlstora of the aurae bWfld W CO*,* provided hvwaw, that in the ease ofsad addlt m& such an adegwe *am of and omotie sprirWars shall be i mw&d in Bald add Wox arrlY. Neo such sprbdkr ow m shall be requbvd radon stocisrd water ad water pressure e7dW For pnopow ofMk seedoa the Sma sgraam flet ofa buiUbW or addition shall bxhAte the sum total of the ofdx ner l fare ftwaUx. fwsegdw sAgW Teat q�j & tp effm btdldlr p rued for agr ktrUwd paapwer es dgUed to secdox one of ekepW one hwndred and tw x** dgft M Such bulldYngs or addl saw, or in certain areas of swh btdldlW or arddltio ts, where the discharge of water would be an actual dagger In the event office, the head of the, fW depm`hmnt shall permit the installation ofsuch other fire sWressant systems as are prescribed by the state building code in lieu of aldmu tic sorinNers dwovok stWeessa v or sp finder systems shalt not be required In rooms or areas of a telephone central offli a equipment building when stxh rooms or area's are protected with an awonarrtic fire alarm system. Sprinkler systems shall not be required in a one story building having afire resistaru a rating as prescribed in the state building code that is used solely for qf, ees 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 formarking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each level; u#lizing-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 thefire departments, interpretatiog order, requirement, direction or failure to act under the promons of thfs section, may, within forVyfte days after the service of notice thereof, appeal from such imerpretatinn; order, requfremeA dire tion or failure to act to the automatic sprkUer appeals hoard as pr 7,4&d cn section two hunabed and one of chapter six . (emphasis ed&* A rid4ioable is defined as agricalbare in MOT., Chapter 128, Seodcm 1 A which is considemd the standard deFimidda of agriouitwro and apw tally refa ukwd iia C,b "w 148, Section 2GC. That moa is: MAPM.U& AGAPCDLTURS DF MV17T 7►NS C IVOrll& 8eellon L!. Pte, &Srt Adit#r fes; m Beetion ld `Fffl7n ;g" & -Iqp etrlture 10 shall include faraft in all of'fts branches and the cultivation and tillergra of tha soil doh dw p wh dfon; mh&a im g v*ft acrd harp+ oft of WW apftkwarl� aquorzl ��rfcultrtrat or hortktdttval comnroditieA the growfitq and havro+esft offorestPraim waft eat land the raisbg rtflhwW* b &ft hw• de &Vft ofAri ca as a oatrmm EW arlaM&e, the 1 beeps ng and raL*W of pouuPA swine, castle and other domesticated arnhwals used for food pwpgM beeg fw,..&aring mriotala, Old anyfwwo or lwxbaft qeradm perfornsed by a farmer, who to herebydlejlired as oris wgWdin effkmkwv arfarm t$ass hmee dgSw4 oroaa , to incident to or in tori jroa dm with such farad ag oPrr'ctioM MduftIVORT01 itarage or to Aw or to corisrs for traoRsp ff—S6" n to mar t {erkarsls addedl As tae can nae from the bolded watiaa of ft above definitim rive ao woaarcW keeping of horses is defied by steams as agri ukm Tberdfm ft axanpdon provided to gVicalbind bkvi p in MCL G'hapw 148, Seadon 26G woald clearly apply to your now riding dabkAWooc ' I papa tlua answars yaw gvesdon and clarifies fer the Bufidmg Department nip► questtoua theY mai► have. Sfficec+aiy� R A. -Lap Assisrsut Caoomissiouer and thief of Staff Page 2 of 2 TOWN OF NORTH ANDOVER Fire Dgwmtgtt Central Fire Eirsdgwttest 124 MAIN STIMET NORTH ANDOVER, MASSACHUSETTS 0180 Wslkam V Wan FAX (978) 683-9593 (,%WojDepwim"i !:'AX (978)(sAS-9{94 William P. Martineau ��ctsartrncru:u;ToL.��otivotth4�xlnr��.�+�+t► z3oputy c'blef 125 Wisdidet Fara M Notlh Aalm, W. C US 27 Febrwry 2007 Dar Ms. Lunbut Ibis low b1 !n ro o --to the ptoipowd dty-hm ha by an bmAred and 9 ty sk fogt much= fmt you I I .104ILMomyowpapiety.T1ie ie a !i>atpr;.t d1, agoata lbot. Uatlet blarsad rtM QwAnl Law CLa[ w 14$ SoMw 26 Gym = taNlnd to povlde &M at*wMo Am apclaklr sytom. A wff otdte law is aeoW d whh WE low. Yop bM a 1* ea 90 dgumdodawaft f V4ve drys oftaoeipt otthis IwwIatheAnlom tie Sp ,N o Appaia a aotod is the last pip of M(#i. C 148 Seotios 26 d. I dosot be fh�ttbepiwlsibss of Adweadttwo Gvtaral- Lw CbVW 128 Secdo 1 A an gVftble to Ibis bodit sad dwa to &w Is Sao =no= wd tir es -moat bad a.Am klac eget m #ate. A aopy of WM ChVW t2! Sadao 1 A b also aoda" 1d ddr dMwsdtrttiatr it it tt�q � that � etra�ute ie sot be utied �t uolry► fbr tlttr *nbbg alkwodwk leduft boom the tenpins of bona as a ootsnawW aftpdu" btt ndw as art was hr na by dw pnblio to pt+o Vwo town to tike public In lum Aft ad Rr ohm woo pow is tovly� ywr we6dmthete atex�e:al t�ta�oes tt►tbo vea aftf» owr�rut brdoor atwtalixtbe putpow ofoo�aduadtM Uwaoe and "leribna is a Friday �tetaoaa bone shoe►, wifh titer This aetarstmedaa i.Stade fbr dte publk t�tibty otthose nessaa wiw vrW participate and attend e�aope whhia tin $*Qi wo. tea. nochw Co: A*. thbdi, - • . . 08" WOW* T08998ZI8L L9:E0 L00Z/EO/T0 TOWN OF NORTH ANDOVER °f q°RT11 Office of COMMUNITY DEVELOPMENT AND SERVICES `00 HEALTH DEPARTMENT 400 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01.845 �cHuse Susan Y. Sawyer, REHS/RS 978.688.9540 — Phone Public Health Director 978.688.9542 — FAX January 20, 2006 Benjamin Osgood, PE New England Engineering Services 60 Beechwood Drive North Andover, MA 01845 RE: 125 Windkist Farm Road, North Andover, MA, May 109, Parcel 34 Dear Mr. Osgood, The proposed onsite wastewater system design plans for the above site dated December 14, 2005 and received on December 20, 2005 have been reviewed. Unfortunately, the plans cannot be approved as submitted. The following items are in need of attention prior to approval, with the section of Title 5 (3 10 CMR 15.000) noted: 1. Trenches are the preferred method of wastewater dispersal. Please utilize them or indicate why trenches are not suitable for this site. 240(6) 2. Given the lack of deep hole and percolation testing at the far (south east) end of the leaching area tests will be required prior to plan approval. 102(2) 3. An easement recorded at the registry of deeds joining or otherwise prohibiting sale of one of the parcels without the other will be required before a DSCP can be issued. 4. Please verify if there are to be washing machines in the barn — sometimes they are used to wash horse blankets, etc. This could affect the wastewater strength and could impact the system design. 5. Please identify the location of and proper measures for abandoning the existing onsite wastewater system. - 354 Although not a reason for disapproval, you may wish to consider using pressure distribution of the effluent given the slow permeability of the soil. Please feel free to contact the office with any questions you may have. We look forward to working with you to obtain an onsite wastewater treatment and dispersal system which will be in compliance with all regulations and assure protection of public health and the environment of North Andover. Sincerely, Susan Y. Sawyer, REHS/RS Public Health Director cc: Homeowner File Windkist Farm Sawyer, Susan From: Thomas J. Urbelis [tju@uf-law.com] Sent: Monday, March 05, 2007 3:11 PM To: Sawyer, Susan Subject: RE: Windkist Farm No, just put copies in the mail to me. From: Sawyer, Susan [mailtoo:ssawyer@townofnorthandover.com] Sent: Monday, March 05, 2007 3:12 PM To: Thomas J. Urbelis Subject- RE: Windkist Farre thank you They will be sent together tomorrow, certified. Do you want me to cc: you on all of them Susan -----Original Message ----- From: Thomas J. Urbelis [maiito:tju@uf-law.com] Sent: Monday, March 05, 2007 2:45 PM To: Sawyer, Susan Subject: RE: Windkist Farre Susan...... letters look ok to me. I suggest you copy Mark Rees also. Tom. From: Sawyer, Susan[mailto:ssawyer@townofnorthandover.com] Sent: Monday, March 05, 2007 2:16 PM To: Thomas J. Urbelis Subject: Windkist Farm Page 1 of 1 Hi Tom, Attached are the documents I have prepared for Windkist. I have one more avenue we can take and that is the rental housing. I spoke with DPH, community sanitation division. They said if we have reason to believe there may be housing code violations then we could issue a notice of inspection. We don't have a lot of known concern although the slider to nowhere could be a problem. Apparently, that was an old hayloft and the hay was loaded through the opening, but I am not sure if there is an apartment there or not. Please let me know if these are ok as is or if you have any corrections I should make. Thank you for your assistance. I would rather fix it sooner rather than later. Susan Sawyer, Health Dir. <<Windkist Equestrian Centre cover liu 3.1.07.doc>> <<Windkist Equestrian Centre well 3.1.07.doc>> <<Windkist Equestrian Centre groundwater 3.1.07.doc>> <<Windidst Equestrian Centre 3.1.07.doc>> 3/5/2007 .,' t �LETTER OF TRANSMITTAL �fORTH North Andover Health Department p� tea I 400 Osgood Street a?? e``, _ _ ' `a ooL North Andover, MA 01845 }o p ti 978.688.9540 - Phone 4F •• 978.688.8476 - Fax o� a�c««a RVAC. healthdept(a�townofnorthandover.com - E-mail �'9 ''"rap www.townofnorthandover.com - Website Page of SS�cHuS� TO: DATE: 9 D_T_ Daniel Ottenheimer CO COMPANY: FROM: Pamela DelleChiaie, Health Dept. Assistant Mill River Consulting SIGNED: RE: Phone: 1.800.377.3044 or 978.282.0014 i Fax: 978.282.0012 We are sending you: oil est O lans for Review L7 Other all in below) /ems These are transmitted as c ec e e o L7 For Review and comment OAs Requested °UAs Required OFor Your Use REMARKS: CO COPY TO: SIGNED: COPY TO: BOARD OF HEALTH NORTH ANDOVER, MASS. 01845 AUG 0 4 2005 978-688-9540 TOVIN OF NORTH ANDOVER APPLICATION FOR SOIL TESTS HEALTH DEPARTMENT DATE: 05 MAP & PARCEL: Oct _ _ `r LOCATION OF SOIL TESTS: ?- COA_f_ OF '/v TM. NO.: q7$-(691— �Tz15b ENGINEER: KreLV (q6FC IVklk(g �Q lICT TEL. No.: CERTIFIED SOIL EVALUATOR �13eAcxnuy C DS(/?)DIK / RMWtJ 9 *U-04'4 Intended use of land: Residential Subdivision Single Family Home Commercial Is This: Repair testing Undeveloped lot testing Upgrade for addition X . In the Lake Cochichewick Watershed? Yes No THE FOLLOWING MUST BE INCLUDED WITH THIS FORM: 1. Proof of land ownership (Tax bill, deed, or letter from owner permitting tests) 2. Plot plan 3. Fee of $425.00 per lot for new construction. This covers the minimum two deep holes and two percolation tests required for each disposal area. Fee of3S 60.00 per lot for repairs or upgrades. GENERAL INFORMATION 1. Only Certified Soil Evaluators may perform deep hole inspections. 2. Only Mass. Registered Sanitarians and Professional Engineers can design septic plans. 3. At least two deep holes and two percolation tests are required for each septic system disposal area. 4. Repairs require at least two deep holes and at least one percolation test, at the discretion of the BOH representative. 5. Full payment will be required for all additional tests within two weeks of testing. 6. Within 45 days of testing, a scaled plan (no smaller than 1"-100') shall be submitted to the Board of Health showing the location of all tests (including aborted tests). 7. Within 60 days of testing soil evaluation forms shall be submitted. Please Do Not Wri is Line N.A. Conservation Commission Approval. Date Received: Check Amount: Check Date: Of— DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Thursday, August 04, 2005 2:35 PM To: Osgood Ben (E-mail) Subject: Windkist Farm Road Importance: High Hi Steve, Just to be sure we are on the same page, I want to confirm again the Windkist location for Soil Testing: Lot 8 - #125 Windkist Farm Road - Map 109/Parcel 34. Please refer to this assessor's list for the other map/parcel numbers. I think after all of our review, and looking through the files, I still wrote #115 on your receipt. Just want all the paperwork to be consistent. Also, there is nothing on file that refers to sections A or B. Was that for your reference purposes? Thanks, Pam i6 Home.htm 115 actually refers to 109/69. North Andover boara or Assessors ruonc Access ragc 1 ui i http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=1 8/4/2005 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=2&RecNo=11 8/4/2005 000000 foor ON 24`to K r"wK rer N/F DIANE H£KIMIAN MM 2DMI PAGE SI/ APAP MoD Lo► s1 w 0 ?0 f00FT poirm SCALE: l's/00' iir HOWARD ZOLOT LISA KELLEY—ZOLOT "K 3000 PAGE 207 LLIP /OD COf IS LOPM£NT, 000000 foor ON 24`to K r"wK rer N/F DIANE H£KIMIAN MM 2DMI PAGE SI/ APAP MoD Lo► s1 w 0 ?0 f00FT poirm SCALE: l's/00' iir HOWARD ZOLOT LISA KELLEY—ZOLOT "K 3000 PAGE 207 LLIP /OD COf IS NUMBER NORTH BHP -2005-0066 a do CCMMGNWEALTH OF MASSACHUSETTS _ _ North Andover FEE $25.00 ,01 Board of Health -- --- +���*�e DATE ISSUED CH� Patricia A. Lambert March 02, 2005 ----------------------------------- ----------------------------------------------------------------------- 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, 2006 unless sooner suspended or revoked. RESTRICTIONS: Acreage: 15; Swine: 1 miniature potbelly; Equine: 24 Adults -- -- Board of ------• ----- •----- ------ Health Town,of North Andover Health Department Date: Location: (Indicate Address, if Residential, or Name -of Business) Check #• 4� Type of Permit or License: (Circle) � >.,An`imal $ ➢ Dumpster $ ➢ Food Service - Type: $ ➢ Funeral Directors $ ➢ Massage Establishment $ ➢ Massage Practice $ ➢ Offal (Septic) Hauler $ ➢ Recreational Camp $ ➢ SEPTIC PERMITS: ❑ Septic - Soil Testing $ ❑ Septic - Design Approval $ ❑ Septic Disposal Works Construction (DWC) $ ❑ Septic Disposal Works Installers (DWI) $ ➢ Sun tanning $ ➢ Swimming Pool $ ➢ Tobacco $ ➢ TrashlSolid Waste Hauler $ ➢ Well Construction $ ➢ OTHER (Indicate) �1 7111 Health Agent Initials White - Applicant Yellow - Health Pink - Treasurer NORTH Of �,.a° ,•'��.0 • TOWN OF NORTH ANDOVER Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENTCMU CHU SASt 400 OSGOOD STREET 978.688.9540 — Phone NORTH ANDOVER, MASSACHUSETTS 01845 978.688.8476 — FAX Susan Y. Sawyer, REHS/RS healthdept@townofnorthandover.com Public Health Director www.townofnorthandover.com Animal Permit Form The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with ChapterIII, Section 23, 131 and 143 of the General Laws, and subject to the rules and regulations of the local Board of Health and Zoning Bylaws. ADDRESS/LOCATION OF ANIMALS: OWNER'S NAME: ko,D RECEI OWNER'S ADDRESS/LOCATION IF DIFFERENT. MAR – 2 2005 TOWiv,,, ...c,.._"" DOVER Dealer: Yes No TO-FA—k—EALTH utp ,..K iv1FWT Adult Young (number of) 1. Cattle (Adult = 2 years & over) - Dairy Beef 7.Poultry: Chickens Turkeys Steers/Oxen 2. Goats (Adult = 1 year & over) 3. Sheep (Adult = I year & over) 4. Swine: Breeders Feeders 5. Llamas / Alpacas 6. Equines: Horses / Ponies Donkeys / Mules Stable use: 8. Rabbits: 9. Other: IN Private D Boarding O Training n Rental O Lessons rl P4TiV)rj# Name of Applicant (PLEASE PRINT) Signature of Applican Contact Phone Numbers (indicate cell; home; work, etc.) FEE: $25.00 Please make check payable to: Town of North Andover (mail to above address) IF NOT RENEWED BEFORE MARCH 1sT. THE FEE WILL BE DOUBLED TO $50.00 C:IDocuments and SettingslpdellechlMy DocumentslCOMMERCIAL PERMITSIPermitlPermit ApplicationslAnimal Application-Rev-2005.doc — Information requested by the Department of Agricultural Resources Bureau ofAnimal Health — Form 74- 500 BKS — 7/03 — 4DBSBBI-Created on 2/10/200512:31 PM THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF HEALTH Date: March 1, 2003 Permit #108-3A Fee: $25.00 This is to certify that: Patricia Lambert 5'--"=4+"Vindkist Farm Road is hereby granted an... No. Andover, MA 01845 ANIMAL PERMIT This permit is granted in conformity with the statutes and ordinances relating thereto, and expires March 1, 2004 unless sooner suspended or revoked. Francis P. MacMillan, M.D., Chairman Cheryl Barczak, Member/Clerk Jonathan Markey, Member THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF HEALTH Date: 2/26/01 Permit # 108-1A Fee: $25.00 This is to certify that: Patricia Lambert 125 Windldst Farm Road No. Andover, MA 01845 is hereby granted an... ANIMAL PERMIT This permit is granted in conformity with the statutes and ordinances relating thereto, and expires March 1, 2002 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member TOWN OF NORTH ANDOVER BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MA 01845 TELEPHONE# (978) 588-9540 APPLICATION FOR PERMIT TO KEEP ANIMALS AND BIRDS IN NORTH ANDOVER DATE: 41-6-1--7601 To the Board of Health: Tiie undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 31 and 143 of the General Laws, and subject to the rules and regulations of the Board of Health. Kind of Animals ff-021656-1-1 No. Kind of Birds LAS 4i/nV-1ftsij Location Total Acreage Signature of Applicant Address Date Received Approved By FEE: $25.00 Please make check payable to: Town of North Andover OFSo Iz�nFIY'i+ ,u No. THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF HEALTH Date: 3/02/00 Permit # 102 -OA Fee: $25.00 This is to certify that: Patricia Lambert 14,5"446 Windlast Farm Road North Andover, MA 01845 is hereby granted an... ANIMAL PERMIT - This permit is granted in conformity with the statutes and ordinances relating thereto, and expires March 1, 2001 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member Town of North Andover OFFICE OF r COMMUNITY DEVELOPMENT AND SERVICES 9 a - 27 Charles Street North Andover, Massachusetts 01345 �4'°•.,,° ..�', c5/ WILLIAM J. SCOTT Director (978) 688-9531 Fax (973) 638-9-542 APPLICATION FOR PERMIT TO KEEP ANIMALS AND BIRDS IN NORTH ANDOVER DATE: ~cu -(30 To the Board of Health: The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 31 and 143 of the General Laws, and subject to the rules and regulations of the Board of Health. Kind of Animals No. Kind of Birds No. Location �� I+�r��l�Xs,z,� 017 /CCA Total Acreage Date Received LI_, rm:L[ Approved By s, i MAR - 2 r --#-, la'f- M THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF HEALTH Date: April 13, 1999 Fee: $25.00 This is to certify that: Windkist Equestrian Centre 125 Windkist Farm Road is hereby granted an... ANIMAL PERMIT This permit is granted in conformity with the statutes and ordinances relating thereto, and expires March 1, 2000 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Riaa, D.M.D., Member CKiv- /3dy Town of North Andover �W3 No RTF OFFICE OF 32 y�tt e'e O� COMMUNITY DEVELOPMENT AND SERVICES ° . p 27 Charles StreetWN OF NORTH A' _ • r°, ,�^ , North Andover, Massachusetts '01845 BOARD OF , 9 WILLIAM J. SCOTT " "� SSACHUS� Director APR (978) 688-9531 -79 IM r Fax (978) 688-9542 M 3 , APPLICATION FOR PERMIT TO KEEP ANIMALS AND BIRDS IN NORTH ANDOVER DATE' 1 To the Board of Health: The undersigned hereby applies for a permit to "KEEP CERTAIN ANIMALS AND BIRDS" within the Town of North Andover, in accordance with Chapter III, Section 31 and 143 of the General Laws, and subject to the rules and regulations of the Board of Health. Kind of Animals No. Kind of Birds No. t4O �/ rkA-k15+ � 4--SSir4an &- ,� Location 12 nc�I�iS�- i'�1fYY1 �G . Total Acreage CPO-1- Date Ot Date Received bignazure or Applicant I►S Wind ' Farm RJ' Address Approved By