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HomeMy WebLinkAboutMiscellaneous - 1429 OSGOOD STREET 4/30/2018 � - 1 t n g 1 F-...�� . r . . - .� 3 �f� !.� . lt.l � t . i.� .- � .+'' t i -�i < Ni r ,rY c..� ! .e � �{,� .. r (: VkORTH of QED , qq OFFICE OF TOWN COUNSEL 1 6t� ;hNb}6 OQ 160 PLEASANT STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 ADgATEDPPP�'J 9SSACHUS� JOHN J. WILLIS, SR. TELEPHONE 685-3551 Town Counsel May 13, 1982 Charles Foster, Bldg. Inspector Town of North Andover 120 Main Street North Andover, MA 01845 Dear Charlie: Enclosed herewith please find a proposed Equity Judgment in the complaint of the Town sof North Andover vs. El Hefni for your information. Very truly yours, kown JCo. Willis unsel JJW/dre Enclosure RECE VED MAY 18 1982 WORTH ANDOVER CUiLMHO DEPT. Au,) �- /41 -'P2 RAYMOND J. CANTV• CHAIRMAN JOHN p. THOMPSON JAMES D. NOBLE. JR.. CLKXX ' MORTp� o+°; ,goo' TOWN OF NORTH ANDOVER. MASS. BOARD OF PUBLIC WORKS "° ° • WATER. SEWRR. PARK. PLAYGROUND AND SCHOOL GROUNDS DEPARTMENTS s AC r4 SUP19HIN19NONNT AND 66101N961k JOSEPH J. SORG984 TELEPHONE 097.7904 January 20, 1982 Mr. Charles H. Foster, Jr. Building Inspector _ 120 Main Street North Andover, Mass. 01845 Dear Charles : The Board of Public Works has been informed of some allegedly illegal activities taking place on the F1- Hefni property on Great Pond Road. These -include the tresspass on town property with construc- tion equipment and earth moving in violation of the watershed zoning. Would you please investigate this situation and let us know your findings? Thank you, in advance, for your cooperation in this matter. Very truly yours, BOARD OF PUBL.TC WORKS Joseph J. Borgesi, Supt. JJB: lb c a/' --moo AIA CC. �4 i COMMONWEALTH OP MASSACHUSETTS ! ESSEX, SS. PROBATE COURT i NO. 2235 CHARLES H. POSTER, Building Inspector, ) Toxin of North Andover, ) Plaintiff). VS. ) IBRAHIMEL HEPN ) I . Defendant THE COURT: This matter came on to be heard, and the Court finds`:" 1. That there has been a violation, of North Andover' Zoning j Bylaw, .Section 4.133 "Watershed District". 2. That there has been the Defendant an invasion i.on or trespass of land owned by the Town of North Andover which lies adjacent to -the Defendant's land and iso I i within the watershed district:. i 3.- That the present condition of the excavations for which the Defendant was responsible is now in such a state I that unless correction is made there shall be continued erosion resulting in siltation flowing into the North I . Andover water supply. . ! p � 4. That as a result of the regrading of the Defendant's land and the improper trespass on the Town of North i Andover' s land, the boundary markers which were prior thereto visible and identifiable are now completely covered and impossible to identify. Date Justice LYNCH, WILLIS & JOYCE ATTORNEYS-AT-LAW 160 PLEASANT STREET �j I Y ED NORTH ANDOVER, MASS, 01845 My y �yry{yY� pMl'+�•J^x^13 ,+'� °,t�,, �; `.'. �i r '� r. i i' `i �� �� � L �. .. 3 k 3, `Yii '. COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. PROBATE COURT NO, 2235 CHARLES H. FOSTER, Building Inspector, ) Town of .North Andover, ) Plaintiff 4r VS, ) IBRAHIM EL HEFNI, Defendant. ) EQUITY JUDGMENT This action came on for hearing before the Court, J. presiding, and the issues having been duly heard and findings having been duly rendered i After trial., it is ordered and adjudged; 1. That a permanent injunction be issued against the Defendant permanently enjoining him from violating the provisions of the. North Andover Zoning Bylaw, Section 4,133, Watershed Dist.rict, more specifically the no-cut area in the watershed and removing earth materials from his property. 2. That all of the fill materials which the Defendant has cauged to be placed upon the land owned by the Town of North Andover adjacentto the Defendant's land be brought backtoits original contours and the condition of the trees and land cover be restored to the satis- faction of the Building Inspector. 3. That wherever the ground cover has been disturbed in areas of the watershed both on Town land and on land of the Defendanto replacement of the ground cover must be made to the satisfaction of the Building LYNCH, WILLIS&JOYCE L ATTORNEYS-AT-LAW I 160 PLEASANT STREET NORTH ANDOVER, MASS. E 01945 MfiAAy �,, , i >. 1 y I Inspector to prevent erosion and siltation into the water supply. 4. Prior to the commencement of the repair required in - the previous paragraphSthe Defendant is to provide the North Andover Building Inspector with an engineering plan showing proposed work to be performed, the location and resetting of the Defendant's boundary stakes on his land, and the showing of the proposed final grade on the .land owned b the Town of North Andover. I Y o er. I 5. All work to be completedby November 1, 1982. 6. To secure the performance aspaforesaid the Defendant i shall post with the Treasurer of the Town of North Andover a cash bond in the amount of $20,000 together with an agreement that shall allow the Town to use said cash bond to correct the problems created by the Defendant. Ten percent 110%) of said cash bond shall be retained for one year' after completion of the work I to secure proper growth of the vegetation. 7. Pending completion of the aforesaid work the Defendant is enjoined from in any way alienating or encumbering the property of the Defendant now the subject of this proceeding. . I Judge, Ptobate 'Court I. 9 LYNCH, WILLIS& JOYCE ANCE V ED ATTORNEYS-AT-LAW I 180 PLEASANT STREET AAA 9 IA . NORTH ANDOVER, MASS. IVIA bgpjwi(r _2— 018¢5 :ct7/1�1MRr� P 6 i, CONSERVATION CO J'41SSICN EU__J y�f TN f _ g 3r0,' TELEPHONE 683-7105 • a f aah 41,9SSACEHus�tf October 12, 1982 Mr. Ibrahim El Hefni 1665 Great Pond Road North Andover, MA 01845 Dear Sir: Per the request of your attorney, Mr. Harold Morley, we are contacting you directly to attempt to resolve the differences between you and various agencies of the Town of North Andover. Please be advised that if all of the following conditions are met, those differences will, infact, be -resolved. These con- ditions are: 1. That the corners of the boundary between your property and that of the Town of North Andover be accuratley surveyed and properly marked ; 2. That all of the fill material that you have caused to be placed upon the land owned by the Town of North Andover adjacent to yours be brought back to its original contours and the condition of the trees and land cover be restored to the satisfaction of the North Andover Conservation Commission; 3. That wherever the ground cover has been disturbed in areas of the watershed, both on Town land and on yours , replacement of said cover must be made to the satisfaction of the Conservation Commission to prevent erosion and siltation into the water supply; Pa-e. two Mr. Ibrahim El Hefni October 12, 1982 4. Prior to beginning the remedies required in the previous paragraphs, : you shall provide the Conservation Commission with an engineering plan showing the proposed work to be performed, the location and resetting of the boundary markers, and the showing of the proposed final grade on the land owned by the Town of North Andover; S. All work to be completed by December 1, 1982 ; 6. To secure the performance as aforesaid, you shall post with the Treasurer of the Town of North Andover a cash bond in the amount of $20,000. together with an agreement that shall allow the Town to use said cash bond to correct the pro- blems you created. Ten percent of said cash bond shall be retained for one year after completion of the work to secure proper growth of the vegetation. When all of the above has been completed we shall be satisfied that our defferences have been resolved. If you have any questions please do not hesitate to call. Yours truly, Anthony Zvagna Chairman, NACC AG:mm cc: Town Counsel Building Inspector Board of Public Works i i NORTH ANDOVER BUILDING DEPARTMENT %40RTM 120 MAIN STREET ... NORTH ANDOVER, MA 01845 A ♦ - s Sg�CHUSE� INSPECTOR OF BUILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR September 28, 1982 a Conservation Commission Town Office Building North Andover, Ma. Attention: Tony Galvagna Dear Tony: I discussed with Atty. Harold Morley, who represents Mr. Ibrahim El Hefni, the proper procedure for implementing action by your Board regarding Mr. Hefni's property on 1665 Great Pond Road. Atty. Morley suggests that your Board contact Mr. Hefni directly regarding the work to be done. Apparently, Mr. Hefni is not going to make the first move. If I can assist you in any way, let me know. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:ad Copy to: Town Counsel ;s SIN3NON 3IVVXG S,3J17 inns �A 4 f k\ qrF nfM�f ,Ay, fp xhrr. d ..... ........... ..............>..5.. 99LZ-OLb(909) 01910VW '91AMV 1 A381S NIdW Hi8ON 60Z ' VZVId N33HSMVHS 1 � asn ifsn aM ®j0Lid Photo,USA One Hour Film Processingr • One hour portrait studio • Custom enlargements • Passport photos • Print from slide • Slides • Black & white • Movie film to video tape • Duratran display transparencies • Single use cameras • Albums & frames i SPECIFY NUMBER OF PRINTS OR ENLARGEMENTS DESIRED OPPOSITE NEGATIVE NUMBER. IMPORTANT: PLEASE DO NOT CUT NEGATIVES FOR REGULAR PRINTS 0 OA 8 8A 16 16A 24 124AI 32 132A 1 1A 9 9A 17 17A 25 25A 33 33A 2 2A 10 10A 18 18A 26 26A 34 34A 3 3A 11 11A 19 19A 27 27A 35 35A 4 4A 12 12A 20 20AI 28 28A 361 36A 5 5A 13 13A 21 21A 29 29A 37 37A 6 6A 14 14A 22 22A 30 30A 38 E39A 7 7A 15 15A 23 23A 31 31A 39 FOR ENLARGEMENTS SPECIAL INSTRUCTIONS NEG. NO. DUAN. SIZE V� Mail-Well ITEM 850 OP a' .Je t � :��� �; ,tit ♦ '�;� r � a / + _ ;' or '� Ste t� • =ter= , �r,,►Ac •: A 4 ` •'4�,•yr•/~r c,•'V�p�� '�rww r .A _ i'!• .y'• � •� :/f AT a aodachrome FIUWt soda/ux ..` �, �� �--F I j Kodachrom FILM Koch/X A40CESSM sFaVIWS C I A KodachrOM9 FILM - 1 soda/ux ' 21© ' 0GT�[h1) j U 4 2/20/82 From: Board of Public Works To: Bldg. Inspector, Charles Foster RE: E1 Hefni Violation at Gt. Pond Rd. 5/13/82 From: Town Counsel To: Bldg. Inspector RE: Equity Judgement 5/18/82 From: Comm. of MA Probate Court To: Bldg. Dept. RE: Bldg. Inspector v. E1 Hefni 5/20/82 From: Cons. Comm. To: Board of Public Works RE: El Hefni Property Lines 9/28/82 From: N. Andover Bldg. Dept. To: Cons. Comm. RE: Microwave Research 10/12/82 From: Cyr Engineering To: Cons. Comm. RE: Work at Microwave Research From: Cons. Comm. To: Ibrahim E1 Hefni RE: Resolving Differences 11/1/1982 Cease and Desist Order Issued To: Microwave Research Corp. 1429 Osgood St. North Andover, MA Attn: Mr. Ibrahim E1 Hefni Activity: Diversion of stream, excavation and filling in and within 100 feet of wetlands. - Violator ordered to appear before North Andover Conservation Commission on 11/3/82 . 1/11/83 From: Cons. Comm. To: Ibrahim E1 Hefni RE: Brush Removal 9/2/83 Letter from N. Andover Conservation Commission Chairman, Anthony Galvagna to North Andover Board of Selectmen Chairman, Charles Salisbury Mr. E1 Hefni and Atty. Harold Morley attended 11/3/82 meeting and explained that his actions were taken to provide additional parking and an outdoor eating area for his employees. - El Hefni and Atty. stated that they did not know that they're actions were illegal. Stream was diverted onto Lawrence Airport Commission Land. - Conservation Commission gave E1 Hefni until May 1983 to negotiate with Airport Commission to leave the stream in its diverted course. - Atty. Morley appeared at 5/25/83 Conservation Commission meeting and stated that he and the Airport Commission were still in negotiations. - Conservation Commission gave El Hefni and Morley until August 1983 to accomplish negotiation. - "As of this date (9/2/83) nothing has been done. " - Town Counsel asked to bring legal action against Microwave Research. Other documents: 5/13/83 From: Cons. Comm. To: Ibrahim E1 Hefni RE: Pending Injunction 9/14/83 From: Charles Salisbury, Board of Selectmen Chairman To: Anthony Galvagna, Cons. Comm. Chairman RE: El Hefni's Delay in Filing Notice of Intent 9/15/83 From: Harold Morley To: Conservation Commission RE: Proposed Notice of Intent for Microwave Research 1/10/84 From: John P. Bohenko, Bd. of Selectmen, Exec. Sec. To: John J. Willis, Town Counsel RE: Commencement of Legal Action against Microwave Research 2/28/84 From: Atty. Harold Morley To: Anthony Galvagna, Cons. Comm. RE: Airport Commission Authorization 8/28/84 From: John Graham, Board of Selectmen To: Anthony Galvagna, Cons. Comm. RE: Vote to Enlist Town Counsel 5/20/85 From: Fire Chief Dolan To: Willie Vicens, Cons. Comm. RE: Microwave Research - Groundwater Contamination