Loading...
HomeMy WebLinkAboutMiscellaneous - 146 MAIN STREET 4/30/2018 (2) l Colip(AIMTIM IV6 HflM►sT.'� -ZL��I.� l r �'GC�� Ps!'WLED Il6q • CONSERVATION DEPARTMENT Community and Economic Development Division April 6, 2016 Gregory Smith 146 Main Street North Andover, MA 01845 Sutton Pond Condominium Trust c/o Charles E. Vander Linden Starr Vander Linden LLP 625 Main Street Fitchburg,MA 01420 RE: Enforcement Order: Violation of the Massachusetts Wetland Protection Act(M.G.L. C.131 §40) and the North Andover Wetland Protection Bylaw (C. 178 of the Code of North Andover) at 146/148 Main Street,North Andover. Dear Mr. Smith and Mr. Vander Linden, On March 25, 2016,the North Andover Conservation Department(on behalf of the NACC) issued an Enforcement Order(EO)requiring that the owners/users of the system cease and desist all activities that result in sewage discharge into jurisdictional resource areas. This Enforcement Order will be discussed and ratified at the public meeting of the NACC on April 13, 2016. The agenda will be posted on the Town of North Andover website by 4:30 p.m. on April 11. The NACC asks that a representative be present at the public meeting to discuss the current status of the system and to confirm that the owner/users have ceased use. Sincerely, ORTH ANDOVER CONSERVATION DEPARTMENT e fer Hugh n ervation Administrator CC: Michele Grant,Health Department; Gerald Brown,Building Department; Eric Kfoury, Community and Economic Development 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com ' r NORTy TOWN OF NORTH ANDOVER °L Building Department 1600 Osgood Street Building 2- Suite 2-36 Building Dept 'ss„C�„S�t North Andover MA 01845 Tel: (978)688-9545 Fax(978)688-9542 RECEIVE® MAR 0 8 2016 COMPLAINT FOR MESTIGATION TOWN OF NORTH ANDOVER HEALTH QEPARTMENT DATE: j I TEL#: NAME OF COMPLAINTANT: n 16t6 1 D& ADDRESS: /P,, � rC � �t�t '� COMPLAINT TYPE: � 14eal � S G IrQC �i Plumbing: Gas: Building: Property Owner: SJ10r) 67).()- Om!nl Urn Address: I qe— tAmn Other: '1A "f C l Uri V"-)o --)1 4 on o ra.2 n,--1 �f&l l Raw, �l_� �e i S it 1��=� -I" aE a br-,o Do f`11 4m1��X 1 �i �r � J` t^ i' (di 09 on jr)4,) qrzxnzJrent) / signed: . f� L/I ' r Complaint Form-Revised 6.2007 1 r7?�(' ^1�' '�`� �=rQ -C- �/`�.0 ►� (�'� Ji 7 �. 1 • j PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDIVIDUALS590 (925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206.1710 FAX(603)782-4366 SENT VIA UNITED STATES MAIL AND BY FACSIMILE TO(978)688-9542 February 1.5,2016 i Eric J.Kfoury Director, Community and Economic Development Town of North Andover 1600 Osgood Street—Suite 2035 North Andover,Massachusetts 01845 RE: Sewer Pump Station located at 146 Main Street, North Andover MA Additional Failure Due to Freeze Dear Director Kfoury: As of this weekend,I was informed and then subsequently sent photographs that the pump station serving Mr. Smith's building has completely frozen and cannot pump. This is in addition to the fact that no sewage was able to be pumped to the sewer main for the past two months due to the failure in the coupling that has been leaking since Sutton Pond temporarily repaired the pump system. All the new pipes that Sutton Pond installed as a temporary fix have cracked and needless to say,the wet well is overflowing. As you recall,you agreed that this pump station is out of compliance and improper. It violated the original special permit of December 1992 and despite the assertions of Sutton Pond,it has never been constructed properly,legally or in compliance. At present,it has no insulation. It has no power ventilation. The wet well is unsealed and there is a rag stuffing the hole where the pipes lead into the wet well. There is significant rot on the exterior of the pump shed so that at present,there is a hole completely through the back wall into the pump shed over one foot long. Please instruct Sutton Pond to recommence pumping the wet well as my client has had no choice but to shut offpower to the pump station and cannot re-establish power until the pump station has been properly repaired—meaning,properly designed,engineered and permitted. Otherwise,raw sewage will spill on the ground and become a hazard to the wetlands. t - J Notice has also been sent to the DEP. Thank you for your attention. _ Sincerely, pkv►. PETER L.KUTRUBES CC: Kevin Brander Department of Environmental Protection 205B Lowell Street Wilmington,MA 01887 -2- 1 J • S��SLP.b��' • North Andover Health Department Community Development Division April 13, 2015 Cheryl Piper, Director of Marketing First Realty Management 151 Tremont Street Boston,MA 02111 Re: Sewer Pump Station at 146 Main Street Dear Ms. Piper, This letter is in the matter of the sewer pump station located at 146 Main Street. First Realty Management is being notified as representative of the Sutton Pond Condominium Association. As you are aware this pump station has not been operational since a pipe break in January 2015. At the time of the pipe break, an emergency measure was put in place to allow pumping of the wet well via use of a pump truck on an as needed basis. This emergency measure was allowed.as there was no heat in the shed and the ability to repair the broken pipe was in question. However,as there is no risk of freezing at this time the Health Department is now directing immediate action take place to repair the pipe. All broken pipes should be replaced, the wet well should be resealed and any other task needed to return the pump station to its working condition as it was prior to the break in January should be implemented. Please note that this is a temporary measure intended only to restore function of the current pumping system so that normal activities can resume for the occupants of the building and the public health is better served. This directive does not alleviate the responsibility to address any regulatory and/or code issues that may remain relative to the pump house and system in total. Thank you for your cooperation in this matter-. Please contact this office if you have any questions regarding this letter. Sincere'ly, Susan Sawyer,RS -= Public.Health Direecto /r Cc: Eric Kfoury—Director of Community and Economic Development Page 1 of 1 North Andover l4ealth Department, 1600 Osgood St7•eet, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 TR MUS vows z atook SAW n.13�'� $ Y �:"�''�' w�,�#�d �g,�_ iii' Y, l�•. � �'��- - �;T �� - ' <�x AN*& Way � �4 0 Wyk r, 1 q ' u ria N v Yy� j t North Andover Health Department Community Development Division March 10, 2016 Linda Van DeVoonde 146 Main Street North Andover, MA. 01845 Dear Ms. Van DeVoonde, On March 9, 2016 The Health Department, accompanied by the Building Department preformed an inspection at 148 Main Street North Andover MA. The Health Department found no Public Health Issue. Sincerely, Michele Grant: Public Health Inspector North Andover, MA. 01845 CC: Eric Kfoury—Director of Community and Economic Development Jennifer Hughes—Director of Conservation Gerald Brown—Inspector of Buildings 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com Sawyer, Susan From: Cheryl Piper <cpiper@firstrealtymgt.com> Sent: Wednesday, May 06, 2015 2:50 PM To: Sawyer, Susan Subject: RE: 146 Main Hi Susan, I have had two all day trainings and just have not had a minute to get back in touch with you. I did inspect the shed last week with Att.Vander Linden and the Board of Trustees after our meeting last Wednesday. We could not find any signs of waste in or around the shed. There was not an odor present either. I was instructed to not schedule a cleaning after the board inspected the shed. Att.Vander Linden and I do have a meeting schedule with Eric Kfoury next Wednesday so hopefully I will have more answers on what the next step will be to resolve the current issues. Regards, Cheryl From:Sawyer,Susan [mailto:ssawyer@townofnorthandover.com] Sent: Wednesday, May 06, 2015 2:42 PM To:Cheryl Piper Subject: 146 Main Hi Cheryl, Have you taken action on the cleaning as you said you would be? If yes, can you submit what was completed? Or, if no, maybe I should meet you down there with the contractor, if there is any concern? Please call my cell or the office Cell 978 490-6678 Thank you Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawyer@townofnorthandover.com Web www.TownofNorthAndover.com All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. 1 r I UPD North Andover Health Department Community Development Division April 13, 2015 Cheryl Piper,Director of Marketing First Realty Management 151 Tremont Street Boston,MA 02111 Re: Sewer Pump Station at 146 Main Street Dear Ms. Piper, This letter is in the matter of the sewer pump station located at 146 Main Street. First Realty Management is being notified as representative of the Sutton Pond Condominium Association. As you are aware this pump station has not been operational since a pipe break in January 2015. At the time of the pipe break, an emergency measure was put in place to allow pumping of the wet well via use of a pump truck on an as needed basis. This emergency measure was allowed as there was no heat in the shed and the ability to repair the broken pipe was in question. However, as there is no risk of freezing at this time the Health Department is now directing immediate action take place to repair the pipe. All broken pipes should be replaced,the wet well should be resealed and any other task needed to return the pump station to its working condition as it was prior to the break in January should be implemented. Please note that this is a temporary measure intended only to restore function of the current pumping system so that normal activities can resume for the occupants of the building and the public health is better served. This directive does not alleviate the responsibility to address any regulatory and/or code issues that may remain relative to the pump house and system in total. Thank you for your cooperation in this matter. Please contact this office if you have any questions regarding this letter. Sincer , f' Su n Sawyer, RS Public H a�lth Dire c r Cc: Eric Kfoury—Director of Community and Economic Development Page 1 of 1 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 Sawyer, Susan From: <blmr76@aol.com> Sent: Friday, May 08, 2015 11:09 AM To: Sawyer, Susan Subject: FYI Fwd: Sutton Pond Smith Shed FYI Bill Goode -----Original Message----- From: . <blmr76 anaol.com> To: Ekfoury <Ekfoury(atownofnorthandover.com> Cc: cvanderlinden <cvanderlindena_starrvanderlinden.com>; cpiper<c i er@firstrealtymgt.com>; tnicholson <tnicholsonafirstrealtymgt.com>; bks5402 <bks5402(a)comcast.net>; dwm439 <dwm439(a)comcast.net>; ellengallant <ellengallant(a)_comcast.net>; relivingston1 <relivingston1(aD-verizon.net> Sent: Fri, May 8, 2015 10:19 am Subject: Sutton Pond Smith Shed Atty Eric Kfoury. The work is in process at Mr. Smith's sewage shed. The task of removing the insulation, silver covering and fixing the hole in the back of the shed will be completed by 1lam today. When the insulation in the ceiling was removed there was in the ceiling a large area covered with black mold in the area close to the building and probably a leak from a poor attachment to the office building. In addition in the back of the shed on ground level there is a larger section rotting away from ground contact. Chris who is doing this work will also take out the loose flooring to clean what debris has fallen through the cracks. Mr. Smith has been taking pictures and will probably call for tearing the shed down. He might have a good case for that action. 1 Grant, Michele From: Hughes,Jennifer Sent: Thursday, March 19, 2015 4:03 PM To: Grant, Michele Subject: FW: Sutton Pond Condos As I mentioned yesterday,this was the only follow-up I did. See below. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9530 Fax 978.688.9542 Email ]hushes@townofnorthandover.com Web www.TownofNorthAndover.com uAQ From: Hughes, Jennifer Sent: Monday, January 12, 2015 2:33 PM To: Maylor, Andrew Cc: Enright, Jean Subject: Sutton Pond Condos Andrew, Michelle and I visited the small sewer pump"shed" at the stone mill building at the Sutton Pond Condos. Both the stone Mill Building occupant, Greg Smith, and a representative from the condo association,William Goode,came out to speak to us. It is clear there is a broken sewer pipe in the shed. We did not see or smell any effluent inside the shed or on the ground outside. My office just received a phone call from the Sutton Pond Condo management company that a repair company is on the way to address the broken pipe. It did appear that the pipes have frozen recently and there did not appear to be a heat source in the shed.While there is insulation along the side walls of the building there is nothing on the ground.The shed sits directly on the ground, no foundation,frost walls,etc. I will call DEP to update them since Mr. Smith contacted them as well. Michelle and I will follow up when the repair is complete.There are several accusations about cause on both sides that I can fill you in on if you wish to hear them. Otherwise,this appears to be resolved for now. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 1 146 MAIN STREET Complaint Detail Report Printed On:Thu Mar 19,2015 Complaint#: CT-2012-000055 Status: Closed GIS#: Violator: ELM MILL REALTY TRUST • ,;tat, Address: 146 MAIN STREET Map: Address: 146 MAIN STREET • 7 -• Date Recvd.: Apr-19-2012 ITime Recvd.: 11:43 AM Block: NORTH ANDOVER,MA 018 • Category: Odors Lot: Type: Commercial GeoTMS Module: 113oard of Health District: Trade: Recorded By: 1parnela DelleChiaie Zoning: Structure: Description Stone Building-(former Town Hall Annex) Complaint: Received a call from a Michael Margareci-978-258-1257 or 978-208-0609 x204. He is a business tenant at 146 Main Street(stone building-former town hall annex). The company name is B2Q Associates. Mr.Margareci is calling to complain about sewer smells since the beginning of the year. Some days the odor is so strong,he and his co-workers need to vacate the building. This company occupies the 2nd and 3rd floors of the building. I explained to Mr.Margareci that our dept.is aware of the odor and the sewage leaking into the groundwater from the pump station,and that it is being followed up by DEP. He asked that his complaint be logged anyway. Whether to investigate is at the discretion of the Health Director. This call came just after a call from Sgt.Foulds of NAPD stating that Officer Quinlan was dispatched to a call at the 146 Main Street(stone building site)to mediate an escalating argument between Mr.Gregory Smith who also has a business at 146 Main Street(GSD Assoc.)and representatives from the Sutton Pond Condo Assoc.regarding the sewer pump situation. I updated Sgt.Foulds on the status of this site from calls we received from Mr.Smith earlier in the week about the pump station leaking. The owner of the building is:Elm Mill Realty Trust,or Gregory Smith-Stone Building. However,the land/pump station around the building is owned by Sutton Pond Condo Assoc.who is responsible for replacing the pump. This is an ongoing legal issue of 10 years length of which there is information in the paper file. Please refer to that for any additional information. Comments: Inspector Assigned to Complaint: Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Tenant Apr-19-2012 11:43 Michael Margareci (978)208-0609 Pamela DelleChiaie AM (204) Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Apr-19-2012 1:37 PM Follow-Up by Health Susan Sawyer called and Director spoke with complainant. Ms.Sawyer told him it was logged as requested,but we do not investigate private commercial or business property. No action to be taken. He was Please call his landlord and protect his employees as necessary. GeoTMSO2015 Des Lauriers Municipal Solutions, Inc. Page 1 of North Andover Health Department Community Development Division March 18, 2015 Gregory Smith 146 Main Street Building A North Andover, MA 01845 Dear Mr. Smith, This letter is in response to the complaint submitted on March 17, 2015. The investigation into the complaint of raw sewage and sewer odors has been conducted resulting in findings below; - The private sewer pump system at 146 Main Street has not been operational since mid-January. - Action King Services has been doing pumping of the pump chamber weekly since January 15,2015. Action King noted that they have not observed any overflows since weekly pumping began. - Health Department staff went to 146 Main Street on March 18`h. Action King was on site,pumping the tank. The pump house and surrounding areas were observed for odor and raw sewage. There were no unusual odors detected at the site. There was a full snow cover on the ground. There was no raw sewage observed in the shed or the land area around the shed. No public health concerns were found. No further action warranted at this time. Thank you, +S an Sa er,RS Health Director Cc: Cheryl Piper, Senior Property Manager Page 1 of 1 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 • North Andover Health Department Community Development Division May 7, 2015 Cheryl Piper,Director of Marketing First Realty Management 151 Tremont Street Boston,MA 02111 Re: Sewer Pump Station at 146 Main Street Dear Ms. Piper, An inspection was conducted,at the above location, in response to a formal complaint received at the Health Department. The complaint was related to the pump failure and subsequent events concerning the pump shed, since mid-January 2015. I, William Good and Eric Kfoury met at the pump station shed at 3 PM today. Observations of the conditions at the shed have identified items that need immediate attention to eliminate the question of possible contamination issues. The Health Department has requested that the interior rigid insulation be removed completely. It is unlikely that the sewer event penetrated this shell,however once the wood is exposed; any loose insulation should be evaluated and removed if it appears that water had penetrated to it. In addition,the structure itself has deterioration in the rear and once the insulation is removed there may be holes that rodents could access. Please cover any holes observed. The Board representative present at the inspection indicated that this situation could be remediated as soon as tomorrow.Please contact the Health Office before noon tomorrow with your intentions. At this time,there are no additional requirements for remediation, including soil removal. If conditions arise that require attention,this office will be in contact with you and the Conservation Department,as actions such as this would require their approval. Thank you for your cooperation in this matter.Please contact this office if you have any questions regarding this letter. Since vi�, usan Sawy , Public Health 'rector Cc: Eric Kfoury Page 1 of 1 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 NORTH ANDOVER HEALTH DEPARTMENT • North Andover, MA 01845 Tel. 978 688-9540 a Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER �Ju two— �• �cs��.o A5,5,zv-- ADDRESS DATEIV S Pt-T- B.4- i 1 14 t 1 JI w r G� Rev.6/04 INSPECTOR n z� w � 1-s 1 TOWN OF NORTH ANDOVER !' ''4>rrt:� ,3, •"`.r t,, 4 O A Building Department -2015 AP 1600 Osgood Street ......-� Building 2- Suite 2-36 Building Dept North Andover MA 01845 TN A'H4 E s Tel: (978) 688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGGATION Q // DATE: ' r foflE� TEL#: NAME OF COMPLAINTANT: ��(Z gn4 1 7 z``'f ADDRESS. 11-bM1qjK �� /4 oafAl t COMPLAINT TYPE: 7S Q �,T�} Electrical: RECEIVED APR 3 0 2015 Plumbing:, R TOWN OF NuRT,H HEALTH DEPARTMENT Gas: Building: Property Owner: l 7-M Address: I'� l(/ Inew Other: '&14e e G L)Ae O 666'20W Ir t-j jtm 2 41t< � c (�-�-� UP, 4<�_ 1 Si ned: G- ss i�l /Y 0 Complaint Form-Revised 6.2007 �I�C /9/U Top to Health Risks of SewagdOP Mnag& 22 Exposure M � c�4u Use your key for tte next article' Next: City launches greasy campaign April 18, 20132:13 PM MST Sewage damage is one of the most dangerous, and most costly, catastrophes that can happen to a home or business owner. Most people do not realize how dangerous exposure to sewage contamination can be to their family or colleagues. Below is a list of pathogens and allergens that fester in sewage waste. Each danger is accompanied by its symptom in an attempt to educate property owners on the potential dangers of contamination. Bacteria Bacteria are usually single-celled, parasitic life forms microscopic in size. Most genera cause decay, fermentation and disease. Below is a list of common bacteria found in raw sewage. Campylobacter jejuni A microaerophilic bacteria known as one of, if not the most, common cause of gastroenteritis. Long-term effects include could arthritis and Guillain-Barre Syndrome (GBS) if not treated immediately. *Guillain-Barre Syndrome is a disorder affecting the peripheral nervous system, causing ascending paralysis. (Escherichia coli) E. coli A Gram-negative bacterium commonly found in the lower intestine. Symptoms bloody diarrhea, fever, nausea, and vomiting. Salmonella A Gram-negative bacterium known to survive without the need of a host. This makes salmonella one of the more threatening genera of bacteria in raw sewage. Sufferers could experience symptoms of gastroenteritis, typhoid fever, paratyphoid fever and other common ails of food poisoning. Parasites Cryptosporidium A protozoan parasite which causes Cryptosporidiosis. "Crypto" causes severe diarrhea in people with healthy immune systems. Immune Deficient patients' symptoms are far worse and often fatal. Giardia An anaerobic flagellated protozoan parasite that colonizes in the small intestines. RECEIVE Symptoms included acute gas, severe diarrhea, dehydration, vital� m`tJal bUorption da d` chronic weight loss. 2915 APR 30 On 41 22 Roundworm (Ascaris lumbricoides) Parasite caused disease known as Ascariasis while blocking the intestina]yac ,�Causes visceral damage,peritonitis and inflammation of the body. MalabsoW6RIil ];:l artrate into malnutrition and anorexia in the infected individual. 1A,SSAC,�dSE,T Tapeworm (Helmiths worm) Tapeworm actually feeds on intestinal track. Risks include vitamin deficiencies, fatigue, weight loss and, in extreme cases, severe neurological damage (ie. Seizures) Viruses Adenoviruses Cause respiratory infections like pneumonia, croup and bronchitis. Also known to cause severe eye infections. HPV (human papillomavirus) Normally knows as a sexually transmitted disease (STD), HPV can also infect humans when exposed to raw sewage. Along with wart growth, HPV is known to cause cervical, anal and genital cancer. Norwalk Virus Known to cause 90% of the world's non-bacterial gastroenteritis outbreaks. Rotavirus This viral strain can cause severe diarrhea and high fevers. Along with these health risks, it is important to understand that cross-contamination can occur if the affected area is not properly contained and ventilated. There are many reasons why sewage damage is harder to clean up than one may think. Home and business owners should not attempt to repair the damage on their own. A sewage damage service provider should be contacted immediately upon discovery of contamination. The sewage damage specialist will consult with an industrial or environmental hygienist to conduct testing on which areas of the property were affected. Once determination is made, affected areas will be sanitized and restored while contaminated objects such as carpeting, carpet pads, drywall, upholstery, furniture, clothing and other common items will more than likely be confiscated and removed. Once remediation and restoration is complete, the hygienist will return to re-test the affected area, ensuring the building is ready for re-occupancy. Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SER978.688.2242 78 88R 2PRO42 ThThe Andovers 5390 2015 APR 30 AM 11: 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 r�, r,�i! r ts: 7 Client: GSD Associates H + T 031 Property: 146 Main Street i `' ''`� N.Andover,MA 01845 Operator: BWHITE Estimator: White,Brian Business: (978)688-2242 x 13 Business: PO Box 328 E-mail: bwhite@servprooflawrence. Lawrence,MA 01842 com Type of Estimate: Sewage Date Entered: 3/29/2015 Date Assigned: Price List: MAEM8X MAR15 Labor Efficiency: Restoration/Service/Remodel Estimate: 2015-03-29-0830 Servpro � z C E 1V E SERVPRO of Lawrence 2064 f Hl 1.L 1`Q v' 0;c F I PF SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 9730 8.688.2242 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 f"V41 F 2015-03-29-0830 HASSHI!S E T 1 IS Main Level Pump Room Height: 8' _8' 256.00 SF Walls 64.00 SF Ceiling Pump Room = 320.00 SF Walls &Ceiling 64.00 SF Floor 17.11 SY Flooring 32.00 LF Floor Perimeter 32.00 LF Ceil.Perimeter DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV 1. Tear out and bag wet insulation-Category 3 water 320.00 SF 1.17 1.40 375.80 (0.00) 375.80 2. Clean stud wall 256.00 SF 0.60 0.32 153.92 (0.00) 153.92 3. Clean floor or roof joist system 64.00 SF 0.74 0.08 47.44 (0.00) 47.44 • l�Clean floor-Heavy Gw ,�� w►r 64.00 SF 0.49 0.04 31.40 (0.00) 31.40 Apply plant-based anti-microbial agent 384.00 SF 0.23 0.96 89.28 (0.00) 89.28 �­6;,e,1 ear out non-salv wood floor&bag-Category 3 64.00 SF 4.06 0.36 260.20 (0.00) 260.20 ate 7 Hazardous Waste/Mold Cleaning Technician-per 4.00 HR 70.24 0.00 280.96 (0.00) 280.96 Four Labor to clean out first few inches of earth and solid waste. Totals: Pump Room 3.16 1,239.00 0.00 1,239.00 Total: Main Level 3.16 1,239.00 0.00 1,239.00 Job DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV cleAdd for personal protective equipment(hazardous 4.00 EA 8.71 1.80 36.64 (0.00) 36.64 anup) �. Negative air fan/Air scrubber(24 hr period)-No 1.00 DA 72.99 0.00 72.99 (0.00) 72.99 monit. Add for HEPA filter(for negative air exhaust fan) 0.10 EA 189.41 1.09 20.03 (0.00) 20.03 11. Haul debris-per pickup truck load-including dump 1.50 EA 154.87 0.00 232.31 (0.00) 232.31 fees Totals: Job 2.89 361.97 0.00 361.97 Line Item Totals: 2015-03-29-0830 6.05 1,600.97 0.00 1,600.97 2015-03-29-0830 3/30/2015 Page:2 Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 ��5 APR 30Y 978.688.2242 AMI 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 P�i ,SSFi Gii1 F Grand Total Areas: 256.00 SF Walls 64.00 SF Ceiling 320.00 SF Walls and Ceiling 64.00 SF Floor 7.11 SY Flooring 32.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 32.00 LF Ceil.Perimeter 64.00 Floor Area 75.11 Total Area 256.00 Interior Wall Area 312.00 Exterior Wall Area 34.67 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 2015-03-29-0830 3/30/2015 Page: 3 Servpro SERVPRO of Lawrence 2064 .7 RL-CEIVED SERVPRO of Salem/Plaistow 5389I t1'1 ;'! F �',r'c O F F;C__ SERVPRO of The Andovers 5390 978.688.2242 2015 APR 30 Atli 11: 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 NURT { ANDOV`I MASSAChkJ."r Summary for Dwelling Line Item Total 1,594.92 Material Sales Tax 6.05 Replacement Cost Value $1,600.97 Net Claim $1,600.97 White,Brian 2015-03-29-0830 3/30/2015 Page:4 Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 ',E._t ,3 ,7 'ta SERVPRO of The Andovers 5390 2015 APR 30 AN 11: 22 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Recap of Taxes Material Sales Tax(6.25%) Clothing Sales Tax(6.25%) Storage Tax(6.25%) Line Items 6.05 0.00 0.00 Total 6.05 0.00 0.00 2015-03-29-0830 3/30/2015 Page: 5 Servpro SERVPRO of Lawrence 2064 ,,:`.' CD SERVPRO of Salem/Plaistow 5389 'E R S i r f F `-'E SERVPRO of The Andovers 5390 978.688.2242 { 978.688.2242 APR AIM office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Recap b Room IO TH `-����.OVI-, . p Y ASSACr,USI-. Estimate: 2015-03-29-0830 Area: Main Level Pump Room 1,235.84 77.49% Area Subtotal: Main Level 1,235.84 77.49% Job 359.08 22.51% Subtotal of Areas 1,594.92 100.00% Total 1,594.92 100.00% 2015-03-29-0830 3/30/2015 Page: 6 Servpro SERVPRO of Lawrence 2064 h E C E I VE D SERVPRO of Salem/Plaistow 5389 ``' '' '' '`��r "fFF IC SERVPRO of The Andovers 5390 978.688.2242 201'DAPR 3Q AM 1€: 22 ofce@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 ` 44GA;1 t Recap by Category WORTH r NDIOV i HASSACKUSE- ..f , Items Total % CLEANING 232.32 14.51% GENERAL DEMOLITION 866.55 54.13% HAZARDOUS MATERIAL REMEDIATION 18.94 1.18% LABOR ONLY 280.96 17.55% WATER EXTRACTION&REMEDIATION 196.15 12.25% Subtotal 1,594.92 99.62% Material Sales Tax 6.05 0.38% Total 1,600.97 100.00% 2015-03-29-0830 3/30/2015 Page: 7 Main Level 8' 811- 81 "8' >C CD °O 00 ,rn Pump Room Main Level 2015-03'-29-0830 3/30/2015 Page: 8 IYDY SLf �"-T✓' �7— ,r _ C/..� � `-mac_ � C.��'-�/-�F'' ��s d � a p:!i 1p Wim-- �. 4-1v ✓ ���G � 4. -7 146 MAIN STREET Complaint Detail RepoYt Printed On:Thu Mar 19,2015 Complaint#: CT-2015-000045 Status: Closed GIS#: Violator: 4�cstu, Address: 146 MAIN STREET Map: Address: Date Recvd.: : Mar-17-2015 Time Recyd.: 1210 PM Block: , Category: Odors _ Lot Type: _ GeoTMS Module: .Board of Health District: Trade: Recorded By: ISusan Sawyer Zoning: Structure: Description Complaint: Greg Smith came into the Health Dept.to complain about raw sewage and sewage smells that are continuing on the property.Susan Sawyer will follow up with the management company and pumping company that services the property prior to going out to the site. Comments: Inspector Assigned to3Complaint: Susan Sawyer Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Mar-17-2015 12:10 PM Greg Smith (978)688-5422 0 Susan Sawyer Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Mar-19-2015 3:40 PM Follow-Up by Health Letter sent to Gregory Smith Director on 3/18/15 stating no public health concern found.No further action warranted at this time. GeoTMS®2015 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 146 MAIN STREET Complaint Detail Report Printed On:Tue Apr 05,2016 Complaint#: CT-2015-000045 Status: Closed GIS#: Violator: Address: 146 MAIN STREET Map: Address: - -• Date Recvd.: Mar-17-2015 ITime Recvd.: 12:10 PM Block: , Category: Odors Lot: Type: GeoTMS Module: Board of Health _ District: Trade: Recorded By: ISusan Sawyer Zoning: I Structure: Description Complaint: Greg Smith came into the Health Dept.to complain about raw sewage and sewage smells that are continuing on the property.Susan Sawyer will follow up with the I anagement company and pumping company that services the property prior to going out to the site. Comments: Inspector Assigned to Complaint:iSusan Sawyer Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Mar-17-2015 12:10 PM Greg Smith (978)688-5422 Q Susan Sawyer Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Mar-19-2015 3:40 PM Follow-Up by Health Letter sent to Gregory Smith Director on 3/18/15 stating no public health concern found.No further action warranted at this time. GeoTMS®2016 Des Lauriers Municipal Solutions, Inc. Page] of 1 146 A MIN STREET Complaint Detail Report Printed On:Tue Apr OS,2016 Complaint#: CT-2012-000055 Status: Closed GIS#: Violator: ELM MILL REALTY TRUST taa Address: 146 MAIN STREET Map: Address: 146 MAIN STREET -- Date Recvd.: Apr-19-2012 ITime Recvd.: 11:43 AM Block: NORTH ANDOVER,MA 018 • Category: Odors Lot: Type: Commercial GeoTMS Module: Board of Health District: Trade: Recorded By: Pamela DelleChiaie Zoning: Structure: Description Stone Building-(former Town Hall Annex) Complaint: Received a call from a Michael Margareci-978-258-1257 or 978-208-0609 x204. He is a business tenant at 146 Main Street(stone building-former town hall annex). The company name is B2Q Associates. Mr.Margareci is calling to complain about sewer smells since the beginning of the year. Some days the odor is so strong,he and his co-workers need to vacate the building. This company occupies the 2nd and 3rd floors of the building. I explained to Mr.Margareci that our dept.is aware of the odor and the sewage leaking into the groundwater from the pump station,and that it is being followed up by DEP. He asked that his complaint be logged anyway. Whether to investigate is at the discretion of the Health Director. This call came just after a call from Sgt.Foulds ofNAPD stating that Officer Quinlan was dispatched to a call at the 146 Main Street(stone building site)to mediate an escalating argument between Mr.Gregory Smith who also has a business at 146 Main Street(GSD Assoc.)and representatives from the Sutton Pond Condo Assoc.regarding the sewer pump situation. I updated Sgt.Foulds on the status of this site from calls we received from Mr.Smith earlier in the week about the pump station leaking. The owner of the building is:Elm Mill Realty Trust,or Gregory Smith-Stone Building. However,the land/pump station around the building is owned by Sutton Pond Condo Assoc.who is responsible for replacing the pump. This is an ongoing legal issue of 10 years length of which there is information in the paper file. Please refer to that for any additional information. Comspments: Inector Assigned to Complaint: Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Tenant Apr-19-2012 11:43 Michael Margareci (978)208-0609 Pamela DelleChiaie AM (204) Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Apr-19-2012 1:37 PM Follow-Up by Health Susan Sawyer called and Director spoke with complainant. Ms.Sawyer told him it was logged as requested,but we do not investigate private commercial or business property. No action to be taken. He was Please call his landlord and protect his employees as necessary. GeoTMS®2016 Des Lauriers Municipal Solutions, Inc. Page 1 oft Sawyer, Susan ll From: Greg Smith <gsmith@gsd-assoc.com> Sent: Wednesday, April 18, 2012 9:21 AM To: Peter Kutrubes Cc: nihar.mohanty@state.ma.us;tat.boh@comcast.net; Sawyer, Susan; Linda VanDeVoorde; NGASH; Fadia Haddad Subject: Sewer Failure Peter, We are now into the third day of the sewer system failure and raw sewage flowing from the pump chamber from a system that was required by Sutton Pond to be reconstructed by court order. Sutton Pond has failed to do this and has rejected our attempts to complete this design and installation on our own. You, as my attorney, have notified Sutton Pond Management on Monday 4-16-2012 of this system failure. However, there has been no action from Sutton Pond Condominium, or their current management company on the Sewer Pump failure to correct this system, raw sewage continues to flow onto the Sutton Pond Property and our adjacent building and property. They have not pumped the system and there has been no effort to contact with our office. The town health department was out here yesterday morning, and the State DEP was also out at the site yesterday 4-17-2012 I have not heard anything from the Town or the State as of this letter. This does not appear to be a priority with anyone at Sutton Pond. Sutton Pond continues to show a disregard for our health safety. We had to close on Monday and Tuesday with our staff not able or safely to work in this environment. I have had to cancel our meetings at the office scheduled today. We cannot work in our office so we have closed the office until further notice that this has been corrected. I can be contacted by Cell Phone today at 978-20404770 We will pursue this cost and loss of business adding on to the 93A claim. Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: sg.mithgjzsd-assoc.com MAP 1 Google Map for Directions: http://mgps.google.com/maps?um=1&ie=UTF- 8&q=gsd+associates&fb=1&g1=us&hq=gsd+associates&hnear=Lawrence,+MA&cid=0,0,57161197072636463 80&ei=-MNmTdfoGogtg_Qf6jI3LCg&sa=X&oi=local result&ct=imag_e&resnum=4&ved=OCCsQnwIwAw Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 Sawyer, Susan From: tat.boh@comcast.net Sent: Tuesday, April 24, 2012 12:02 AM To: Sawyer, Susan Subject: Re: sewer pump failure at 146 Main St. Former town hall annex building OK From: "Susan Sawyer" <ssawyer@townofnorthandover.com> To: "tat.boh@comcast.net" <tat.boh@comcast.net> Sent: Monday, April 23, 2012 4:12:05 PM Subject: RE: sewer pump failure at 146 Main St. Former town hall annex building The Town Mgr is all over this now. He familiarized and spoke with many different people. As the water just goes up and down,without spilling much out of the shed, DEP is not so concerned.The pump is just for that building, not the condos. DEP is going to fine someone $$$, but they don't know who yet. Very difficult. Not so much an environmental concern in DEP's eyes. More like negligence. Hope DEP can get this closed with their pressure. Gone on long enough. S From: tat.boh@comcast.net [mailto:tat.boh@comcast.net] Sent: Thursday, April 19, 2012 11:29 PM To: Sawyer, Susan Subject: Re: sewer pump failure at 146 Main St. Former town hall annex building Susan- I viewed the YouTube video. It looks to me like the sewer effluent drains directly onto the floor of this shed, which seems grossly unsafe. Please keep me updated what happens with DEP. Tom From: "Susan Sawyer" <ssawyer@townofnorthandover.com> To: "tat.boh@comcast.net" <tat.boh@comcast.net> Sent: Thursday, April 19, 2012 3:26:47 PM Subject: FW: sewer pump failure at 146 Main St. Former town hall annex building From: Greg Smith [mailto:gsmith@gsd-assoc.com] Sent: Monday, April 16, 2012 9:03 AM To: Sawyer, Susan; Peter Kutrubes Subject: Re: sewer pump failure at 146 Main St. Former town hall annex building Susan, RE: Sewage Pump System Failure at 146 Main St, North Andover, (Formerly 148 Main St Bldg A ) 1 The link below is a video clip of the failing sewer pump station currently failing Right now! the effluent is clear since it is from flushing clear toilet water, however this is also full of sewage from the building. http://youtu.be/IwOPq-W33HE The attached photos are when the system failed previously in January 2012, This has been an ongoing problem as you have been made aware of in the past and you had said you could not do anything about it unless you witnessed this occurring? I need you to take emergency response on this and come to the site immediately. The Sutton Pond Condominum has been under Court Order to properly design and repair this system and has refused to do so. This is a dangerous siutuation at our office and needs to be corrected immediately. Peter, Can you send the most recent court order that Sutton Pond has refused to abide by to Susan Sawyer, Thank You. Greg Smith On Mon, Apr 16, 2012 at 8:22 AM, Greg Smith< smithggsd-assoc.com>wrote: Sewer pump station has failed again and raw sewage is flowing out of the tank and onto the surrounding property and into our building. This is an emergency. Please call me at 978-688-5422 x 203 or cell at 978-204-4770 Greg Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: smith@gsd-assoc.com MAP Google Map for Directions: http://maps.google.com/maps?um=1&ie=UTF- 8&q=gsd+associates&fb=1&g1=us&hq=gsd+associates&hnear=Lawrence,+MA&cid=0 0 57161197072636463 80&ei=-MNmTdfoGogtgQf6j13LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsQnwIwAw 2 Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: gsmithggsd-assoc.com MAP Google Map for Directions: http://maps.google.com/maps?um=1&ie=UTF- 8&q=gsd+associates&fb=1&21=us&hq=gsd+associates&hnear=Lawrence,+MA&cid=0,0,57161197072636463 80&ei=-MNmTdfoGogtg_Qf6il3LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsQnwIwAw Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 3 Sawyer, Susan From: Michael Margareci <MMargareci@B2Qassociates.com> Sent: Thursday,April 19, 2012 3:33 PM To: Gaffney, Heidi Cc: Hughes,Jennifer; Sawyer, Susan; 'selectmantracywatson@verizon.net'; Lafontant, Latania (DPH) Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Heidi Thank you so much for providing me with an update over the phone. I hope the MA DEP Wastewater folks can force the responsible party to make the repairs quickly. Osgood Pond is used by a lot local children and adults especially during the summer months. I can't tell you how often I see families and groups of young children fishing in front of our building. This small pond really is a big part of your community. My hope is you can help with the speedy resolution of this issue. Please keep me informed of your progress and thank you again. All the best Mike From: Gaffney, Heidi [mailto:HGaffney@townofnorthandover.com] Sent: Thursday, April 19, 2012 3:08 PM To: Michael Margareci Cc: Hughes, Jennifer; Sawyer, Susan; 'selectmantracywatson@verizon.net' Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Mr. Margareci, Jennifer is out of the office this week. However, I was made aware of this on Tuesday the 17th and went out and inspected it on Tuesday. I have been in touch with Mr.Smith and his attorney as well as MA DEP regarding the matter. MA DEP wastewater division was out to the site on Tuesday as well. I am in the office and available at 978-688- 9530 if you wish to call. Sincerely, Heidi Gaffney Conservation Field Inspector Town of North Andover 1600 Osgood Street,Suite 2-36 North Andover,MA 01845 Phone 978-688-9530 Fax 978-688-9542 Email hgaffnev@townofnorthandover.com Web www.TownofNorthAndover.com 1 From: Michael Margareci [maiIto:MMarcia reci@B2Oassociates.com] Sent: Thursday, April 19, 2012 2:38 PM To: Hughes, Jennifer Cc: Gaffney, Heidi; tat.boh@comcast.net; Sawyer, Susan; selectmantracywatson(averizon.net Subject: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Jennifer I wanted to make you aware of a problem associated with a faulty sewage pump station located next to the building our company is leasing. The pump station has failed and now raw sewage is leaking out of the tanks overflow vent directly onto the soil that is—20 yards from Osgood pond overflow brook(adjacent to the pond sluice gate) . The sewage has no way to be pumped to the mains on Main Street due to the failed pump. It just sits and eventually seeps into the soil. I notified the health department today via email (see attached) and the Health Departments Susan Sawyer was kind enough to leave a voicemail unfortunately indicating that the North Andover Health Department did not take complaints associated with rental properties. Honestly I am not sure that I follow this logic. After all we are dealing with raw untreated sewage from our building toilets leaking directly onto the ground adjacent to our building and the brook? If that is not a health issue then I have to apologize because this seems like the most basic of habitat issues. Can you take a look at this for me? All the best Michael Margareci PE Vice President 132Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax:978.719.6339 Mobile: 603-339-2024 www.b2gassociates.com The contents of this e-mail and any attachments are confidential and the property of the B2Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure,copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing (not e-mail). From: Michael Margareci Sent: Thursday, April 19, 2012 1:11 PM To: 'ssawyer@townofnorthandover.com' Subject: Please help j Hi Susan We moved our offices from Beverly to North Andover in December of 2010. Our employees really enjoy working in downtown North Andover. As you may have heard we have raw sewage leak adjacent to our building since December of 2011. The existing sewage lift station has failed and the waste basically flow out the vent and onto the adjacent soil (which is next to a brook). The odor can be really nasty because it is basically untreated human waste. This is really is 2 I nasty and is only going to get worse with the approaching warm weather. Our landlord indicated that that the sewage lift station is the responsibility of the condo association. Please understand we are in the middle and really could use your help making sure both parties resolve this issue quickly. Can you help us out? Heck we are afraid to use our toilets because it results in us swimming in our own filth. Please help resolve this by putting the responsible party on notice. All the best Michael Margareci Vice President B2Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax:978.719.6339 Mobile: 603-339-2024 www.b2aassociates.com The contents of this e-mail and any attachments are confidential and the property of the 132Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure,copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing(not e-mail). Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 3 Sawyer, Susan From: Michael Margareci <MMargareci@B2Qassociates.com> Sent: Thursday,April 19, 2012 3:33 PM To: Gaffney, Heidi Cc: Hughes,Jennifer; Sawyer, Susan; 'selectmantracywatson@verizon.net'; Lafontant, Latania (DPH) Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Heidi Thank you so much for providing me with an update over the phone. I hope the MA DEP Wastewater folks can force the responsible party to make the repairs quickly. Osgood Pond is used by a lot local children and adults especially during the summer months. I can't tell you how often I see families and groups of young children fishing in front of our building. This small pond really is a big part of your community. My hope is you can help with the speedy resolution of this issue. Please keep me informed of your progress and thank you again. All the best Mike From: Gaffney, Heidi [mailto:HGaffney@townofnorthandover.com] Sent: Thursday, April 19, 2012 3:08 PM To: Michael Margareci Cc: Hughes, Jennifer; Sawyer, Susan; 'selectmantracywatson@verizon.net' Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Mr. Margareci, Jennifer is out of the office this week. However, I was made aware of this on Tuesday the 17th and went out and inspected it on Tuesday. I have been in touch with Mr.Smith and his attorney as well as MA DEP regarding the matter. MA DEP wastewater division was out to the site on Tuesday as well. I am in the office and available at 978-688- 9530 if you wish to call. Sincerely, Heidi Gaffney Conservation Field Inspector Town of North Andover 1600 Osgood Street,Suite 2-36 North Andover,MA 01845 Phone 978-688-9530 Fax 978-688-9542 Email hgaffney@townofnorthandover.com Web www.TownofNorthAndover.com 1 From: Michael Margareci [mailto:MMargareci@B2Qassociates.com] Sent: Thursday, April 19, 2012 2:38 PM To: Hughes, Jennifer Cc: Gaffney, Heidi; tat.boh(acomcast.net; Sawyer, Susan; selectmantragMatson(averizon.net Subject: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Jennifer I wanted to make you aware of a problem associated with a faulty sewage pump station located next to the building our company is leasing. The pump station has failed and now raw sewage is leaking out of the tanks overflow vent directly onto the soil that is—20 yards from Osgood pond overflow brook (adjacent to the pond sluice gate) . The sewage has no way to be pumped to the mains on Main Street due to the failed pump. It just sits and eventually seeps into the soil. I notified the health department today via email (see attached)and the Health Departments Susan Sawyer was kind enough to leave a voicemail unfortunately indicating that the North Andover Health Department did not take complaints associated with rental properties. Honestly I am not sure that I follow this logic. After all we are dealing with raw untreated sewage from our building toilets leaking directly onto the ground adjacent to our building and the brook? If that is not a health issue then I have to apologize because this seems like the most basic of habitat issues. Can you take a look at this for me? All the best Michael Margareci PE Vice President B2Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax: 978.719.6339 Mobile: 603-339-2024 www.b2gassociates.com The contents of this e-mail and any attachments are confidential and the property of the B2Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure, copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing (not e-mail). From: Michael Margareci Sent: Thursday, April 19, 2012 1:11 PM To: 'ssawyer@townofnorthandover.com' Subject: Please help Hi Susan We moved our offices from Beverly to North Andover in December of 2010. Our employees really enjoy working in downtown North Andover. As you may have heard we have raw sewage leak adjacent to our building since December of 2011. The existing sewage lift station has failed and the waste basically flow out the vent and onto the adjacent soil (which is next to a brook). The odor can be really nasty because it is basically untreated human waste. This is really is 2 nasty and is only going to get worse with the approaching warm weather. Our landlord indicated that that the sewage lift station is the responsibility of the condo association. Please understand we are in the middle and really could use your help making sure both parties resolve this issue quickly. Can you help us out? Heck we are afraid to use our toilets because it results in us swimming in our own filth. Please help resolve this by putting the responsible party on notice. All the best Michael Margareci Vice President B2Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax:978.719.6339 Mobile: 603-339-2024 www.b2gassociates.com The contents of this e-mail and any attachments are confidential and the property of the 132Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure,copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing(not e-mail). Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/are/preidx.htm. Please consider the environment before printing this email. I 3 Sawyer, Susan From: Michael Margareci <MMargareci@B2Qassociates.com> Sent: Wednesday,April 25, 2012 10:47 AM To: Gaffney, Heidi; Hughes,Jennifer Cc: Sawyer, Susan; 'selectmantracywatson@verizon.net';tat.boh@comcast.net Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Heidi &Jennifer A contractor is onsite right now pumping out the sewage receiver storage tank at 146 Main Street. I am hoping once this is done they will repair or replace the sewage ejector pump and install the lag pump that was removed and never replaced some time ago. I will keep you posted on their progress. Thank you for all of your efforts to date. All the best Mike Margareci From: Gaffney, Heidi [mailto:HGaffney@townofnorthandover.com] Sent: Thursday, April 19, 2012 3:08 PM To: Michael Margareci Cc: Hughes, Jennifer; Sawyer, Susan; 'selectmantracywatson@verizon.net' Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Mr. Margareci, Jennifer is out of the office this week. However, I was made aware of this on Tuesday the 17th and went out and inspected it on Tuesday. I have been in touch with Mr. Smith and his attorney as well as MA DEP regarding the matter. MA DEP wastewater division was out to the site on Tuesday as well. I am in the office and available at 978-688- 9530 if you wish to call. Sincerely, Heidi Gaffney Conservation Field Inspector Town of North Andover 1600 Osgood Street,Suite 2-36 North Andover,MA 01845 Phone 978-688-9530 Fax 978-688-9542 Email hQaffnev@townofnorthandover.com Web www.TownofNorthAndover.com •.s'� a From: Michael Margareci [mailto:MMargareci(a)B2Qassociates.com1 Sent: Thursday, April 19, 2012 2:38 PM 1 To: Hughes, Jennifer Cc: Gaffney, Heidi; tat.boh(cbcomcast.net; Sawyer, Susan; selectmantracywatsonO)verizon.net Subject: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Jennifer I wanted to make you aware of a problem associated with a faulty sewage pump station located next to the building our company is leasing. The pump station has failed and now raw sewage is leaking out of the tanks overflow vent directly onto the soil that is—20 yards from Osgood pond overflow brook (adjacent to the pond sluice gate) . The sewage has no way to be pumped to the mains on Main Street due to the failed pump. It just sits and eventually seeps into the soil. I notified the health department today via email (see attached) and the Health Departments Susan Sawyer was kind enough to leave a voicemail unfortunately indicating that the North Andover Health Department did not take complaints associated with rental properties. Honestly I am not sure that I follow this logic. After all we are dealing with raw untreated sewage from our building toilets leaking directly onto the ground adjacent to our building and the brook? If that is not a health issue then I have to apologize because this seems like the most basic of habitat issues. Can you take a look at this for me? All the best Michael Margareci PE Vice President B2Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax:978.719.6339 Mobile: 603-339-2024 www.b2gassociates.com The contents of this e-mail and any attachments are confidential and the property of the B2Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure,copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing(not e-mail). From: Michael Margareci Sent: Thursday, April 19, 2012 1:11 PM To: 'ssawyer@townofnorthandover.com' Subject: Please help Hi Susan We moved our offices from Beverly to North Andover in December of 2010. Our employees really enjoy working in downtown North Andover. As you may have heard we have raw sewage leak adjacent to our building since December of 2011. The existing sewage lift station has failed and the waste basically flow out the vent and onto the adjacent soil (which is next to a brook). The odor can be really nasty because it is basically untreated human waste. This is really is nasty and is only going to get worse with the approaching warm weather. Our landlord indicated that that the sewage lift station is the responsibility of the condo association. 2 Please understand we are in the middle and really could use your help making sure both parties resolve this issue quickly. Can you help us out? Heck we are afraid to use our toilets because it results in us swimming in our own filth. Please help resolve this by putting the responsible party on notice. All the best Michael Margareci Vice President B2Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax: 978.719.6339 Mobile: 603-339-2024 www.b2gassociates.com The contents of this e-mail and any attachments are confidential and the property of the 132Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure,copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing(not e-mail). Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 3 Sawyer, Susan From: DelleChiaie, Pamela Sent: Monday, April 30, 2012 3:59 PM To: Sawyer, Susan Cc: Gaffney, Heidi Subject: 146-148 Main Street, North Andover re: Pump Station Hi Susan, I took a message earlier from Peter Kutrubes regarding 146/148 Main Street pump station issue. He is the attorney for Gregory Smith. He is looking for as status report and a pump station inspection. I told him that the Health Dept. does not do those types of inspections,but perhaps at the DPW they do. I told him I would pass it on to you. The status of this issue,per Heidi,is that it was last in the DEP's hands,and evidently,the condo association complied and installed a new pump in the shed. The shed also has a padlock on it now. The DEP has no more problems with it as long as it is now longer leaking and getting into the ground area or water. Peter Kutrubes phone number is: 603-845-3230 x101. Thank you. Pamela DelleChiaie Health Department Town of North Andover 1600 Osgood Street I Bldg.20 1 Suite 2-36 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email pdellechiaie@townofnorthandover.com Web www.TownofNorthAndover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 Sawyer, Susan From: Michael Margareci <MMargareci@B2Qassociates.com> Sent: Wednesday, May 02, 2012 12:25 PM To: Gaffney, Heidi; Hughes,Jennifer Cc: Sawyer, Susan; 'selectmantracywatson@verizon.net';tat.boh@comcast.net Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Good news The pumps are installed and operating. It still smells quite a bit. But I am sure the recent rain is contributing to that. Thank you all for your help Mike From: Michael Margareci Sent: Tuesday, May 01, 2012 1:19 PM To: 'Gaffney, Heidi'; 'Hughes, Jennifer' Cc: 'Sawyer, Susan'; 'selectmantracywatson@verizon.net'; 'tat.boh@comcast.net' Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Heidi and Jennifer 1 wish I had better news, as of noon today nothing has been done aside from the April 251h emptying of the small—300 sewage tank adjacent to our building. None of the pumps have been repaired or replaced. With over 15 people in the building I would not be surprised if the sewage started to overflow out of the tank by the end of week. Has there been any movement on your end? Please take a moment and provide an update. Best regards Mike From: Michael Margareci Sent: Wednesday, April 25, 2012 10:47 AM To: 'Gaffney, Heidi'; Hughes, Jennifer Cc: Sawyer, Susan; 'selectmantracywatson@verizon.net'; 'tat.boh@comcast.net' Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Heidi&Jennifer A contractor is onsite right now pumping out the sewage receiver storage tank at 146 Main Street. I am hoping once this is done they will repair or replace the sewage ejector pump and install the lag pump that was removed and never replaced some time ago. I will keep you posted on their progress. Thank you for all of your efforts to date. All the best Mike Margareci From: Gaffney, Heidi [mailto:HGaffney0townofnorthandover.com] Sent: Thursday, April 19, 2012 3:08 PM To: Michael Margareci Cc: Hughes, Jennifer; Sawyer, Susan; 'selectmantracywatson@verizon.net' Subject: RE: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Mr. Margareci, Jennifer is out of the office this week. However, I was made aware of this on Tuesday the 17th and went out and inspected it on Tuesday. I have been in touch with Mr. Smith and his attorney as well as MA DEP regarding the matter. MA DEP wastewater division was out to the site on Tuesday as well. I am in the office and available at 978-688- 9530 if you wish to call. Sincerely, Heidi Gaffney Conservation Field Inspector Town of North Andover 1600 Osgood Street,Suite 2-36 North Andover,MA 01845 Phone 978-688-9530 Fax 978-688-9542 Email hgaffnev@townofnorthandover.com Web www.TownofNorthAndover.com Ae-MN From: Michael Margareci [mailto:MMargareci B2Qassociates.com] Sent: Thursday, April 19, 2012 2:38 PM To: Hughes, Jennifer Cc: Gaffney, Heidi; tat.boh0comcast.net; Sawyer, Susan; selectmantracywatsonoverizon.net Subject: Raw sewage leaking next to a brook at 146 Main Street North Andover Hi Jennifer I wanted to make you aware of a problem associated with a faulty sewage pump station located next to the building our company is leasing. The pump station has failed and now raw sewage is leaking out of the tanks overflow vent directly onto the soil that is—20 yards from Osgood pond overflow brook(adjacent to the pond sluice gate) . The sewage has no way to be pumped to the mains on Main Street due to the failed pump. It just sits and eventually seeps into the soil. I notified the health department today via email (see attached)and the Health Departments Susan Sawyer was kind enough to leave a voicemail unfortunately indicating that the North Andover Health Department did not take complaints associated with rental properties. Honestly I am not sure that I follow this logic. After all we are dealing with raw untreated sewage from our building toilets leaking directly onto the ground adjacent to our building and the brook? If that is not a health issue then I have to apologize because this seems like the most basic of habitat issues. 2 Can you take a look at this for me? All the best Michael Margareci PE Vice President 132Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax:978.719.6339 Mobile: 603-339-2024 www.b2gassociates.com The contents of this e-mail and any attachments are confidential and the property of the B2Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure, copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing(not e-mail). From: Michael Margareci Sent: Thursday, April 19, 2012 1:11 PM To: 'ssawyer@townofnorthandover.com' Subject: Please help Hi Susan We moved our offices from Beverly to North Andover in December of 2010. Our employees really enjoy working in downtown North Andover. As you may have heard we have raw sewage leak adjacent to our building since December of 2011. The existing sewage lift station has failed and the waste basically flow out the vent and onto the adjacent soil (which is next to a brook). The odor can be really nasty because it is basically untreated human waste. This is really is nasty and is only going to get worse with the approaching warm weather. Our landlord indicated that that the sewage lift station is the responsibility of the condo association. Please understand we are in the middle and really could use your help making sure both parties resolve this issue quickly. Can you help us out? Heck we are afraid to use our toilets because it results in us swimming in our own filth. Please help resolve this by putting the responsible party on notice. All the best Michael Margareci Vice President B2Q Associates, Inc. 146 Main Street North Andover, MA 01845 Office: 978.208.0609 x204 Fax:978.719.6339 Mobile: 603-339-2024 www.b2gassociates.com 3 The contents of this e-mail and any attachments are confidential and the property of the B2Q Associates, Inc.The e-mail contents are only to be used by the intended recipient of the e-mail. If you are not the intended recipient then use, disclosure,copying, distribution or reliance on the e-mail is prohibited.All professional advice from us should be obtained in writing(not e-mail). Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 4 Sawyer, Susan From: Greg Smith <gsmith@gsd-assoc.com> Sent: Monday, April 16, 2012 8:22 AM To: Sawyer, Susan Subject: sewer pump failure at 146 Main St. Former town hall annex building Sewer pump station has failed again and raw sewage is flowing out of the tank and onto the surrounding property and into our building. This is an emergency. Please call me at 978-688-5422 x 203 or cell at 978-204-4770 Greg Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: sg mithkgsd-assoc.com MAP Google Map for Directions: http://mgps.google.com/maps?um=1&ie=UTF- 8&q=gsd+associates&fb=1&gl=us&hq=gsd+associates&hnear=Lawrence +MA&cid=0 0 57161197072636463 80&ei=-MNmTdfoGogtg_Qf6j13LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsQnwIwAw Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/ore/preidx.htm. Please consider the environment before printing this email. 1 Code Violations of Sewer Pump Station y Constructed by Sutton Pond Condominium Trust Serving 146 Main Street,North Andover, MA t5- - Distance of Pump Station from Foundation Requirement - 310 CMR 211 (Title V Massachusetts Environmental Code) - Pump Station needs to be a minimum of 10 Feet from Foundation of Buildings and Property Lines. In addition, a variance is required if w/ Pump Station is constructed on another owner's land, not the same land as the building it serves. (3 10 CMR 211 (5)). - Undersized Storage for Power Outages—310 CMR 203 requires that the size of the wet well accommodate 24 hours of storage in case of a power outage in addition to its normal size. According to this regulation, an office building has to have 75 gallons per 1000 square feet of additional storage in case of a power outage. 146 Main Street is 6000 square feet in size, requiring the storage (not just the wet well size) capacity to be a minimum of 450 gallons. The present wet well is 200 gallons in its entirety. See TR-16 3.8 and 310 CMR 231(2) as well. See letter from Victor Olson of Stantec, page 4, Section g. - No Functioning Alarm System—TR— 16 3.2.3.7. Alarm system was not properly designed or installed. Operates on main power of pump station, but if there is a power failure, no alarm and no battery backup. Also, alarm not audible. - Improper Electrical Controls and Components/Explosive Hazard (TR— 16 3.6.2) Electrical systems not designed to be used in sewer pump system, especially heater that Sutton Pond attempted to use (plug in room heater).No power ventilation for pump shed and no separate ventilation for wet well. Sewer gases are flammable if not explosive. - Improper Force Main. (TR-16 3.7.1) Minimum size force main is 4 inches. Smaller diameters acceptable only where cutter type pumps are used. Existing force main is 2 r inches and increases to 3 inches on site and ties into a 4 inch, 113 year old cast iron force main. See Olson letter p3, Section e. - Shed Constructed Over Wet Well is to be of Non-Combustible Material (NFPA 820 —Table 4.2 Row 19). Existing Shed is constructed out of plywood and standard wooden studs with a base of pressure treated wood. Shed has no foundation, is poorly insulated and has stone floor. No Study,Application or Permitting Concerning Wetlands or Pump Station. (3 10 CMR 211 and 310 CMR 220(4)(I)). Also See TR-16. All work in the wetlands will I-VA require a permit from the Conservation Commission and maybe a study. Boyancy calculation needed CMR 15.221(8) due to the flood hazards surrounding the property and the high water table. Special Permit Issued in December 1992 Violated. Permit called for pump station serving 146 Main Street to cross the waterway to the pump station serving the I ►ti-o �5 47f-P T' t;;' pvlIL - � -4 5! �r fes/ condominium. Presently,this unpermitted pump station is tied into a 113 year old sewer pipe. In addition TR-16 requires that any sewer system designed is designed for a `r minimum 50 year lifespan. Connecting the pump system to a 113 year old main violates this guideline of the 50 year lifespan as the 113 year old main is past its usable life. Permit also required Grinder style pump. Current pumps installed are not grinder style pump. Any change would need to be approved by the Planning Board (See letter from Lincoln Daly.) There is also no Sewer Connection Permit. o Main Issue Concerning Special Permit is 113 Year Old Sewer System Was Not Designed, Permitted or Retrofitted to Accommodate Connection of Pump Station at 146 Main Street as Follows: ■ No Thrust blocks as required in force mains beyond pump station 310 CMR 15.221(6)(c) ■ Watertight 20-in minium access manhole at least 20" MUST BE TO GRADE [3 10 CMR 15.231(5)] Service components accessible (not too deep with piping, disconnects accessible) - Inspections. Inspections on pump station must occur once per year for systems less than 2000 gpd or quarterly greater than 2000gpd good to note on plan [3 10 CMR 15.254(2)(d)]. Gpd means gallons per day. - Improper Pump Station Design. If pump station exceeds two units must have two pumps operating in lead-lag mode. [3 10 CMR 15.231(6) and(8)] Stable Compacted Base [3 10 CMR 15.221(2)] Code Violations of Sewer Pump Station Constructed by Sutton Pond Condominium Trust Serving 146 Main Street,North Andover,MA l5. Distance of Pump Station from Foundation Requirement - 310 CMR 211 (Title V Massachusetts Environmental Code) -Pump Station needs to be a minimum of 10 Feet from Foundation of Buildings and Property Lines. In addition, a variance is required if Pump Station is constructed on another owner's land,not the same land as the building it serves. (3 10 CMR 211 (5)). - Undersized Storage for Power Outages—310 CMR 203 requires that the size of the wet well accommodate 24 hours of storage in case of a power outage in addition to its normal size. According to this regulation, an office building has to have 75 gallons per 1000 square feet of additional storage in case of a power outage. 146 Main Street is 6000 square feet in size,requiring the storage (not just the wet well size) capacity to be a minimum of 450 gallons. The present wet well is 200 gallons in its entirety. See TR-16 3.8 and 310 CMR 231(2) as well. See letter from Victor Olson of Stantec, page 4, Section g. - No Functioning Alarm System—TR— 16 3.2.3.7. Alarm system was not properly designed or installed. Operates on main power of pump station,but if there is a power failure,no alarm and no battery backup. Also, alarm not audible. - Improper Electrical Controls and Components/Explosive Hazard (TR— 16 3.6.2) Electrical systems not designed to be used in sewer pump system, especially heater that Sutton Pond attempted to use (plug in room heater).No power ventilation for pump shed and no separate ventilation for wet well. Sewer gases are flammable if not explosive. - Improper Force Main. (TR-16 3.7.1) Minimum size force main is 4 inches. Smaller diameters acceptable only where cutter type pumps are used. Existing force main is 2 inches and increases to 3 inches on site and ties into a 4 inch, 113 year old cast iron force main. See Olson letter p3, Section e. Non-Combustible Material FPA 820 - Shed Constructed Over Wet Well is to be of Non-Comb (N FPA Table 4.2 Row 19). Existing Shed is constructed out of plywood and standard wooden studs with a base of pressure treated wood. Shed has no foundation, is poorly insulated and has stone floor. No Study,Application or Permitting Concerning Wetlands or Pump Station. (3 10 CMR 211 and 310 CMR 220(4)(I)). Also See TR-16. All work in the wetlands will require a permit from the Conservation Commission and maybe a study. Boyancy calculation needed CMR 15.221(8) due to the flood hazards surrounding the property and the high water table. Special Permit Issued in December 1992 Violated. Permit called for pump station serving 146 Main Street to cross the waterway to the pump station serving the condominium. Presently,this unpermitted pump station is tied into a 113 year old sewer pipe. In addition TR-16 requires that any sewer system designed is designed for a minimum 50 year lifespan. Connecting the pump system to a 113 year old main violates this guideline of the 50 year lifespan as the 113 year old main is past its usable life. Permit also required Grinder style pump. Current pumps installed are not grinder style pump. Any change would need to be approved by the Planning Board (See letter from Lincoln Daly.) There is also no Sewer Connection Permit. o Main Issue Concerning Special Permit is 113 Year Old Sewer System Was Not Designed,Permitted or Retrofitted to Accommodate Connection of Pump Station at 146 Main Street as Follows: ■ No Thrust blocks as required in force mains beyond pump station 310 CMR 15.221(6)(c) ■ Watertight 20-in minium access manhole at least 20" MUST BE TO GRADE [3 10 CMR 15.231(5)] Service components accessible (not too deep with piping, disconnects accessible) Inspections. Inspections on pump station must occur once per year for systems less than 2000 gpd or quarterly greater than 2000gpd good to note on plan [3 10 CMR 15.254(2)(d)]. Gpd means gallons per day. Improper Pump Station Design. If pump station exceeds two units must have two pumps operating in lead-lag mode. [3 10 CMR 15.231(6) and(8)] Stable Compacted Base [3 10 CMR 15.221(2)] FAY,SPOFFORD&THORNDIKE j 5 Burlington Woods, Burlington, MA 01803 AFST Tel (781)221-1000 Fax(781)229-1115 pp YEA.%' Memorandum To: Sutton Pond Condominium Trust c/o Cheryl Piper, First Realty Management From: Jeffrey Cota,FST(Electrical) Alain Haddad, FST (HVAC) Date: April 1, 2015 Subject: North Andover—Sutton Pond Sewage Ejector Pump House March 25, 2015 Electrical Site Visit Observations and Recommendations At the request of First Realty Management,a Fay,Spofford &Thorndike Electrical Engineer performed a site visit on March 25, 2015 to view the existing sewage ejector pump house that serves the Granite Building located at 148 Main St, North Andover, MA.The purpose of the visit was to review the existing electrical installation of equipment in the pump house and provide recommendations. This assignment and memo only addresses electrical observations and requirements. FST did not perform any review of the pumps or wetwell. Electrical Observations 1. The existing pumping station structure is equipped with the following electrical items: a. Duplex pump controller(in NEMA 3R enclosure)with submersible cables for the pumps and floats. b. Pump controller alarm horn & light with Test/Silence pushbutton (in NEMA 311 enclosure) mounted above pump controller. c. Unfused enclosed molded case switch (in NEMA 3R enclosure) rated for 60A, 240V(used as the service disconnect for the pump controller). d. 125V, 20A duplex GFCI receptacle with weatherproof while-in-use cover. It appears the receptacle power source is derived by tapping the 120/240V branch circuit serving the pump controller. 2. The pump controller is fed from an existing Granite Building 120/240V load center(marked "House Panel)via a 20amp; 2-pole circuit breaker.The branch circuit to the pump controller is a 3W&ground circuit((2) phases, neutral &ground). The wiring size could not be determined. It was also observed the existing Granite Building 120/240V load center has(7)spaces available for additional circuit breakers. 3. There was no lighting(for pump maintenance) inside the pumping station structure. 4. The existing exhaust fan was not connected to a branch power circuit. 5. There was no remote alarm light on the outside of the pumping station structure. 6. There was no electric unit heater inside the pumping station structure. P:\Quin\JN-100 N.Andover\March 2015 Pump Station MEP Inspection\2015-03-31 JN-100 Site Visit&Recommendations Memo.docx Page 2 of 2 Electrical Recommendations 1. Provide pump controller remote alarm light on outside of structure and wire to the pump controller. 2. Provide light fixture and switch inside the pumping station structure for maintenance. Connect the light fixture and switch to a new 120V, 20 Amp branch circuit from the Granite Building 120/240V load center("House Panel"). Provide local branch circuit disconnecting means per Article 225 of the National Electrical Code. 3. Disconnect the existing GFCI receptacle from pump controller branch circuit. Connect the receptacle to same 120V, 20amp branch circuit used for the maintenance light fixture (Refer to Electrical Recommendation Item 2). 4. Provide electric unit heater and thermostat inside the pumping station structure(Refer to HVAC Recommendations Item 3).Connect the electric unit heater to a new 120V, 20 Amp branch circuit from the Granite Building 120/240V load center("House Panel"). Provide local branch circuit disconnecting means per Article 225 of the National Electrical Code. 5. Connect the exhaust fan (Refer to HVAC Recommendation Item 2)to the same 120V, 20amp branch circuit used for the electric unit heater(Refer to Electrical Recommendation Item 4). Provide lockable motor thermal switch for the exhaust fan.The exhaust fan should be run continuously, and will have no timer or thermostat control. 6. Provide a grounding electrode system in accordance with Article 250.32 of the National Electrical Code.This is required when multiple circuits are brought to a building or structure. Provide driven ground rod (minimum size 5/8"x 8' long)with#6 grounding electrode conductor. The equipment grounding conductors(run with the branch circuits serving the pumping station structure)shall connect to the grounding electrode conductor. HVAC Observations 1. The existing pumping station structure is equipped with a through wall exhaust fan with shutter that is currently disconnected from a power source.The exhaust fan is a Dayton Model 1HLA1 with a 1/25HP, 115V motor. The fan is rated to provide 265 cfm of air at a 0.125"of external static. 2. There was no electric unit heater inside the pumping station structure. HVAC Recommendations 1. In accordance with NFPA 820,the structure that is on top of the pumps would be considered the dry side of a pumping station. To maintain current NEMA rating of the existing equipment the space would be required to be ventilated continuously at 6 air changes per hour. Based on the structure dimensions,25 cfm of air would be required to maintain 6 ac/hr. 2. Although,the existing fan is more than sufficient to provide the required airflow,the structure would require 7.5 KW of electric heat to offset the ventilation and structures heat loss. Therefore, it is recommended that the fan be removed and replaced. Due to unavailability of a fan with a capacity as low as 25 cfm, a 50 CFM fan,similar to Fantec Model FR100,should be installed. The fan shall run continuously to meet the requirements of NFPA 820. 3. An electric unit heater sized to offset the ventilation air and heat loss through the structure shall be provided. The unit heater shall be 1500 watts, 120V similar to Qmark model CZ1512T wall heater with surface mounting frame and integral thermostat. P:\Quin\JN-100 N.Andover\March 2015 Pump Station MEP Inspection\2015-03-31 JN-100 Site Visit&Recommendations Memo.docx Stantec Consulting Services fnc. 5 LAN Drive Suite 300 Westford PAA 01886-3538 Tel:(978)692-1913 Fax.:(978)692-4578 stantec.corn Sta�lt� June 26, 2007 File: 195111296 Mr. Gregory P. Smith GSD Associates 148 Main Street, Building A North Andover, MA 01845 Dear Mr. Smith: Reference: Sewage Pump Station Review Stone Mill Building (GSD Associates) North Andover, Massachusetts This letter describes a site visit with Greg Smith on January 30, 2007 by V. Olson and on February 7, 2007 by W. Terrell to evaluate the existing sewage pump station for code compliance and to make recommendations for an upgrade. We also reviewed plans prepared by others and the Arbitration Award for general code compliance. The existing station failed when winter weather caused the frozen discharge pipe to burst its fittings and discharge sewage to the ground. The existing small electric heater was inadequate to prevent freezing of the discharge pipe. It was noted that the pump discharge was connected to the 2"force main with non-pressure rated unrestrained flexible couplings. It is our opinion that with freezing of the force main, the pressure at the coupling increased to full pump head causing the flexible coupling to slip off the force main. The pump station was not in operation during our initial site visit. After using a pump out truck for a period the discharge pipe was repaired and the pump placed back in service. At the time of our second visit the pump was working, albeit at a frequent pump cycle considering that the building was only partially occupied. The existing sewage pump station building recently reconstructed does not meet the award of the arbitrator dated October 18, 2005 in that the pump shed does not have any power ventilation or sufficient heat designed in conjunction with ventilation Iatlon system tomeet thearbitrator's award requirement thatThe pump shed shall have, as a minimum heat full ll.nsulation Power ventilation upon opening of the access door, sufficient lighting for pump maintenance and a minimum 120 volt, 20 amp outlet for maintenance use." The installation and_operation of the system was-not certified-by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator. Stantec June 26,2007 Page 3 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting engineers to demonstrate sound engineering practice as a condition of approval of proposed sewerage infrastructure. • NFPA 820 Fire Protection in Wastewater Treatment and Collection Facilities— National Fire Protection Association, 2003. • Title V—State Environmental Code. - Used to estimate sewage flows for a given building use. • Massachusetts Building Code and Massachusetts Plumbing Code(248 CMR)— (These typically govern sewerage within a structure and generally do not apply outside the foundation as in site work with the exception of plumbing within 10 feet of the foundation. The following code violations were noted at the existing pump station. a. Two submersible pumps are required (TR-16 3.2.3.1 and 248 CMR ); currently there is only one pump in place. b. Pumps required to pass 3"solids (TR-16 3.2.3.2) (Note: This standard can be relaxed to 2" solids by using a"cutter"type impeller for the pumps.) C. Submersible pumps to be "lift out" design for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. Shaft seal failure alarm required (TR-1.6 3.2.3.7) d. Explosion proof rated motors, controls and electrical components required for wetwells and spaces not separated from the wetwell. NEC-Area Electrical Classification is Class I, Group D, Divisions 1 & 2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The current wetwell is not sealed and the building has no ventilation. The wetwell should be ventilated separately from the building. e. The minimum size force main is 4 inches (TR-16 3.7.1). Smaller diameters down to 2 inches are accepted by DEP where "cutter"type pumps are used and. The existing force main is 2-inches which increase to 3-inches onsite and ties into a 4-inch cast iron force main before connecting to a sewer manhole in Main Street. f. The force main flow velocity shall be at least 3 ft/sec. (TR-16 3.7.2). For a 4" (nominal diameter)force main, located greater than 10' away from the foundation, the minimum pump rate would be approximately 120 gpm. Lower velocities are accepted by DEP where"cutter"or"grinder"type pumps are used. If a "cutter"type pump were to be used the flow rate is 80 gpm to meet the 2 ft/sec criteria in the 4" force main. The intent of the 3 ft/sec velocity is to re-suspend sewage solids which will settle in the pipe_when the pump.is"off'. The size-of the force main thus determines the required pump capacity in order to achieve the 3 ft/sec cleansing Stantec June 26,2007 Page 5 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting not included. The existing wetwell is not large enough to accommodate pumps and lift out equipment in accordance with manufacturer's recommendations. d. There is no documentation that explosion proof rated motors, controls and electrical components required for the wetwell are not separated from the wetwell. NEC-Area Electrical classification is Class 1, Group D, Divisions 1&2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The proposal does not address ventilation in this potentially hazardous environment. Any heating should be designed in conjunction with ventilation design. The wetwell should be ventilated separately from the building. e. The non-clog pumps will be upsized to 3-inch and will tie into existing 4"force main as required (TR 16 3.7.1). f. The force main velocity for the pumps will be rated greater than the required 3ft/sec (TR-16 3.7.2) however, the wetwell is undersized which will result in short cycling of flows such that the cleaningvelocity duration y anon ma not be adequate. quate. g. The proposal does not adequately address that the flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TR-16 3.8). The building with 6,000 sq. ft. floor area (business use) generates a Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high water and below in the incoming sewer invert. There is only ten gallons currently available. If either fixed of portable standby power is available the storage requirement is waived by DEP. The existing 36" diameter X 48" deep wetwell with a total volume of 200 gallons does not have volume available above the on/off switch levels to meet the 24 hour emergency storage requirement. q h. The shed over a wetwell is required to be of non-combustible material (NFPA 820 Table 4.2 Row 19) Existing shed is constructed of wood with no flame retardant treatment. The existingshed located over the wetwell is inadequately ventilated presenting a hazardous condition for operators and a potential fire hazard. i. The wetwell size does not meet the manufacturer's recommendation for running cycle time for running the pumps rated at 130 gpm at 48'TDH for two minutes. The current wetwell was sized for a smaller pump set up. The installation of larger pumps as proposed requires that the wetwell be upsized to accommodate larger pumps and flow rate, sliderail system and additional run cycle volume required. The existing wetwell provides approximately 46 gallons of working volume which would result in a pump cycle of only 21 seconds compared to the required 2 minute run time. The short cycle will cause pump motors to over heat and may result in early pump failure. The wetwell size should also provide 24 hour emergency storage volume located between the normal high water and the invert of the incoming sewer if backup emergency power is not provided. Stantec June 26,2007 Page 7 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting proof. Lift-out guide rails are required. The cutter type impellers will reduce the size of solids and their clogging potential. Other pumps and ratings could be utilized provided they are engineered in conjunction with wetwell sizing and other equipment. Pumps rated at 130 gpm would require a larger working volume for the wetwell to provide two minutes of run cycle time compared an 80 gpm pump rate. b. 6-0" diameter wetwell is required to be approximately 8 ft. deep to have sufficient volume and be of FRP construction with concrete anti-flotation collar to provide liquid working depth of 1 ft. to provide a manufacturers recommended 2 minute run cycle time and 3 ft. storage depth. A pump rated for 130 gpm would require a larger working depth of 20 inches. A shallower wetwell could be constructed to provide sufficient volume for 24 hour storage. Alternately, the wetwell could be precast concrete and the flotation collar deleted. Alternately, a backup generator could be provided to reduce the required size of the wetwell. Wetwell size and configuration should be engineered in accordance with pump systems specified. c. The wetwell should be positioned at least 10 ft. away from the existing building to prevent undermining during excavation. A wetwell 4'-0" diameter by 6 ft. deep would be acceptable if emergency power (permanent with automatic transfer switch preferred) is provided. The wetwell and all piping would be below grade with only the access hatch visible. This would put the pump station outside the jurisdiction of the 248 CMR. d. The volume of concrete for anti-buoyancy should be stated and dimensioned for the wetwell. e. Pump controls and alarms rated by NEC as unclassified (i.e. NEMA 1) mounted in lower hallway or 2I floor electrical room of the existing building. f. Upgrade electrical service for pumps, heating and ventilation system. Provide explosion proof panels and equipment. g. Reconstruct pump house to meet requirements for non-combustible materials, heating and ventilation. "A package pump station"engineered and provided by manufacturer would be acceptable as an option. h. Provide plans for installation and operation of the system certified by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator prior to start of construction. 7. Site Plan Special Permit Changes/Modifications The Town of North Andover issued a site plan special permit in 1993 for development of this site which included upgrades to sewer service. Changes or modifications to an approved site plan under Town of North Andover Bylaw require the following: Staff June 26,2007 Page 9 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting If you have any questions regarding this matter please do not hesitate to contact us. Thank you for affording Stantec the opportunity to serve you in this matter. Sincerely, STANTEC CONSULTING SERVICES INC. Victor A. Olson, P.E. Senior Project Manager Tel:978-692-1913 Fax: 978-692-4578 yictorolson@stantec.com Attachment: Copy of site pian Special Permit PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDIVIDUALS TELEPHONE(925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206-1710 FAX(603)782-4366 SENT BY EMAIL TO cvanderlinden(astarvanderlinden.com AND BY REGULAR UNITED STATES MAIL, POSTAGE PREPAID December 21,2015 Charles E.Vander Linden Attorney At Law Starr Vander Linden,Attorneys At Law 625 Main Street Fitchburg,Massachusetts 01420 RE: RE: Sewer Pump Station- 146 Main Street,North Andover,MA Dear Mr.Vander Linden: You are hereby placed on notice that the above-referenced pump station is currently in failure and pipes are leaking and will most likely freeze and burst with the upcoming winter weather and the temporary repairs your client made in April.2015. As a consequence,the pump station will cease pumping and overflow the original and under-sized wet well. In or about April 2015, your client installed unpermitted new pipes and ventilation to the pump station pursuant to the request of Director Eric Kfoury, Director of Community and Economic Development of the Town of North Andover. Director Kfoury expressed to your client as well as to my client that these repairs were temporary. In fact no permits were pulled and no pressure testing of the repairs were ever made. These temporary repairs included the tearing out of the sewage soaked insulation and the unpermitted heating system. In addition,upon removal of the insulation, it was revealed wood rot had formed holes in the siding of the shed as well as the roof and exposed the fact that the shed was poorly built and did not even match the plan that was submitted for permit in 2005. Despite even Director Kfoury's assertions that these repairs were temporary,especially due to the condition your client's worker left the pump station, on numerous occasions, on behalf of your client, you have asserted that the responsibility of these and other issues of the pump station were transferred to my client. I have refuted such assertions on numerous occasions because your client never properly completed the construction of the pump station,a fact that you and your client fail to recognize. Simply stated,if you client had properly designed, engineer, permitted and constructed the pump station, there would be no discussion as there would be no such issues. The pump system has never been accepted by my client nor has it ever been delivered in a proper manner according to any order of the court or arbitration award. It was not even constructed in an acceptable workman-like manner as required by the agreement,and therefore no transfer has taken place. Please also be advised that if the pipes in the sewer pump station temporarily installed by your client freeze and burst, your client will be responsible for any damages caused as a result thereof, including, but not limited to, pumping of the wet well, cleanup of any sewage, damage to my client's building and any forced shutdown of my client's building. Sincerely, Y Pf►. C. w4 PETER L.KUTRUBES CC: Eric Kfoury Director of Community and Economic Development Town of North Andover 1600 Osgood Street North Andover,Massachusetts 01845 Heidi M.Zisch,Counsel MassDEP-Office of General Counsel Northeast Regional Office 205B Lowell Street Wilmington,MA 01887 Andrew Maylor,Town Manager Town of North Andover 120 Main Street North Andover,Massachusetts 01845 -2- Town of North Andover j ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman oRTH Ellen P.McIntyre,Vice-Chairmano`N.�o :6 6tio Douglas Ludgin o� '- o� D.Paul Koch Jr.,Esq. Allan Cuscia Associate Members Nathan Weinreich �9 ''+AT.. Alexandria Jacobs,Esq. SSeHUSE Deney Morganthal Town Clerk Time Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2015 notice in the office of the Town Clerk, per Mass. Gen.L. ch.40A, §17 _ _ _ _ _ _ _ Property at: 146 Main Street(Map 40.A Parcel 4),North Andover,MA 01845 NAME: Elm Mill Realty Trust/Gregory HEARING(S): 10 November 2015 Smith ADDRESS: 146 Main Street(Map 40.A,Parcel PETITION: 2015-007 Finding 4),North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street, North Andover,MA on Tuesday,November 10, 2015 at 7:30 PM on the application of Elm Mill Realty Trust/ Gregory Smith for property located at 146 Main Street (Map 40.A Parcel 4), North Andover, MA 01845. Petitioner is requesting a Finding from the Zoning Board of Appeals under Section 4 Paragraph 4.135, and Section 10, of the Zoning By-law in order to appeal the Inspector of Building's failure to act upon the petitioners request for enforcement action of alleged Zoning By-law violation by Sutton Pond Condominium(s) 148 Main Street, fix a sewer pump station that is allegedly in failure and the applicant alleges that the station is out of compliance with all laws,regulations and permits. Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office, and were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover, on September 29, 2015 and October 06,2015. The following regular voting members were present: Ellen P.McIntyre,D.Paul Koch Jr, and Allan Cuscia. The Following Associate members were present: Deney Morganthal and Nathan Weinreich. Upon a motion by Allan Cuscia made a motion to uphold the Inspector of Buildings/Zoning Enforcement Officer's letter dated October 2,2015, and DENY the Finding of the party aggrieved. Voting in favor of the motion to DENY the finding: Ellen P.McIntyre D.Paul Koch Jr,Allan Cuscia, Nathan Weinreich, and Deney Morganthal. The Board finds that Section 4 Paragraph 4.135,and Section 10, of the Zoning By-law does not apply for the petition of Elm Mill Realty Trust/Gregory Smith for property located at 146 Main Street(Map 40.A Parcel 4),North Andover,MA 01845 Pagel of 2 The Board finds that the petition for Elm Mill Realty Trust/Gregory Smith for property located at 146 Main Street did not receive the required supermajority of four votes, so the Finding was denied. North Andover Zoning Board of Appeals Ellen P.McIntyre,Acting Chairperson D.Paul Koch Jr.,Esq., Clerk Allan Cuscia Deney Morganthal Nathan Weinreich Decision 2015-007 (Finding) Page 2 of 2 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 11.04: Methods of Enforcement by Local Boards of Health Unless otherwise expressly provided in any title 310 CMR, code, each board of health may enforce 310 CMR by fine in accordance with 310 CMR 11.10,or otherwise at law or inequity in the same manner that local rules and regulations are enforced. 11.05: Emer¢ency (1) General Whenever an emergency exists in which the interest of protecting the public health or the environment requires that ordinary procedures be dispensed with, the board of health or its authorized agent,acting in accordance with the provisions ofM.G.L.c.111,§30,may,withoutnotice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as the board of health deems necessary to meet the emergency. Notwithstanding any other provision of 310 CMR,anyperson to whom such order is directed shall comply therewith within the time specified in the order. Each day's failure to comply with the order shall constitute a separate offense. Upon compliance with the order and within seven days after the day the order has been served,he may file a written petition in the office of the board of health requesting a hearing. He shall be granted a hearing as soon as possible. The procedures for such hearing shall otherwise conform with the hearing requirements which would have existed had the order been issued under non-emergency circumstances. (2) Emergency Powers ofthe Department. No provision of 310 CMR 11.00 shall be construed as a limitation on the emergency powers of the Department of Environmental Quality Engineering of the Commonwealth 11.06: Enforcement by Department of Environmental Ouality Engineering of the Commonwealth (1) General. If as a result ofany study,inspection,or survey made under 310 CMR 11.03 or under the provisions ofany other title of310 CMR,the Commissioner of Environmental Quality Engineering or his authorized representative determines that compliance with this code has not been effected,he shall,in writing,notify the appropriate board ofheahh of such determination,allotting a reasonable time in which compliance shall be effected, and requesting that the board of health, in writing,notify the Commissioner ofEnvironmental Quality Engineering ofwhat action it has taken,and what other action has been taken to effect compliance with 310 CMR 11.00. If the Commissioner is not so notified,or if after notification he determines that action sufficient to effect compliance with the provisions of this code has not been taken,the local board ofheahh shall be deemed to have failed to effect compliance with 310 CMR 11.00. (2) Failure to Enforce Code by Board ofHeahh. Whenever any local board of health has failed after a reasonable length of time to enforce 310 CMR 11.00,the Commissioner of Environmental Quality Engineering ofthe Commonwealth or his designated representative may act for the Connnonweahh in any way that the local board ofheahh is authorized to act to effect compliance. 11.07: Service ofOrders Unless otherwise stated in any title of this code,orders issued under the provisions of 310 CMR 11.00 shall be served on all persons responsible for the violation ofregulations. These orders shallbe served in the following manner: (a) personally,by any person authorized to serve civil process,or (b) by any person authorized to serve civil process by leaving a copy of the order at his last and usual place of abode,or (c) by sending him a copy of the order by registered or certified mat return receipt requested, if he is within the Commonwealth,or (d) if his last and usual place of abode is unknown or outside the Commonwealth,by posting a copy ofthe order in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building or premises affected is situated. Effective 11/26/1975 6. License and if necessary revoke licenses for funeral directors. Transmit to the board of registration in embalming names and addresses of all licensees.M.G.L.c.114,s.49. 7. Approve location of cemeteries.M.G.L.c.114.s.34. 8. Retain charge of any case arising under M.G.L.c.I l l in which the board has acted.M.G.L. c.I11,s.32. 9. Enforce all local health regulations promulgated pursuant to M.G.L.c.I 11,s.31. J. Smoking 1. Receive written complaints regarding the willful failure or refusal to comply with the Indoor Clean Air Act regarding restaurants,supermarkets or retail food outlets.M.G.L.c.270 s.22. 2. Inspect the area described in the complaint and enforce no-smoking laws.M.G.L.c.270 s.22. 3. Provide written response to complainant within 15 days and send copies of the complaint and response to DPH.M.G.L.c.270 s.22. Additional Powers and Authority of Local Boards of Health in Massachusetts Local boards of health in Massachusetts have historically played a crucial role in the protection of public health, promotion of sanitary living conditions and the protection of the environment In recognition of the importance of local leadership and action in these areas,the legislature has enacted over the years numerous statutes which authorize and thereby encourage local boards to be responsible for dealing with the broad range of health, sanitation and environmental problems at the local community level. The following is a list of statutes which grant additional powers and authority to local boards of health.Each item includes a citation to the appropriate statute.The items have been grouped under general subject categories which parallel,where possible,the categories in the prior list of required local board activities. A. General Health Protection and Regulation: 1. Adopt and enforce any reasonable health regulations. M.G.L.c.111,s.31. 2. Issue an order reciting the existence of an emergency and requiring that such action be taken as the board deems necessary to meet the emergency. State Sanitary Code, chapter I, 105 CMR 400.200(B), pursuant to M.G.L. c.I ll, s.127A; and State Environmental Code,Title I,310 CMR 11.05(l), B. Health Care and Disease Control: 1. Direct the operation of and adopt rules for city and town medical dental and health clinics,M.G.L.c.I 11,s.50 and hospitals,M.G.L.c.I 11,s.92. 2. Require vaccination of inhabitants of the city or town. M.G.L.c.I 11,s.181. 3. Order the fluoridation of public water supplies. (This order may be overturned by a referendum vote.) M.G.L.c.I 11,s8C. 248 CMR:. BOARD-OF.STATE EXAMINERS OF PLUMBERS AND GAS FITTERS 248 CMR 10.00 UNIFORM STATE.PLUMBING CODE. Section 10:01: Scope audJurisdiction .10.02: Basic Principles .:. 10.03: Definitions. . 10,04: Testing and Safe} .10.05:..General Regulations . 10.06: Materials.. 10.07: Joints andConnections . 10.08: Traps and CIeanouta 10.09: Interceptors,Separators,and.Holding Tanks` 10.10: .Plumbing Fixtures 10.11:, Hangers and Supports 10.12: Indirect Waste Piping 10.13:. Piping and Treatment of Special 14azardous Wastes 10.14 Water Supply and.the Water Distribution System 10.15'. Sanitary Drainage System ; 10.16: Vents and Ventino b.:. .. .. 10.17: ..Storm Drains ... .: 10.18: Hospital Fixtures 10.19:. Plumbing in Manufactured Homes and Construction Trailers 10.20:. .,Public and Semi-public Swimming Pools 10.21: Boiler Blow-off Tank 10.22: Figures .10.23: Vacuum Drainage System' 10.01: Scope and Jurisdiction• (1), Scone..24&.CMR 10.00 governs the requirements for the installation,alteration,removal, replacement,reg -or construction of all plumbing. (2) Jurisdiction, . (a) Nothing iri 248 CMR 10.00 shall be construed as applying to; L. refrigeration 2. heating; 3. cooling, 4. ventilation,or fire sprinkler systems beyond the point where a direct connection is made with the potable water distribution system: (b) Sanitary.drains, storm water drains, hazardous waste.drainage systems, dedicated systems,potable and non-potable water supply lines and other connections shall be subject to 248 CMR 10.00. 10.02: Basic Principles Founding of Principles. 248 CMR.10.00 is founded upon certain principles.61'public health. environmental sanitation and safety through properly:designed,, acceptably.installed, and adequately maintained-plumbing systems...Some of the details of plumbing construction may. .: vary but the basic sanitary,and safety principles-desirable and necessary.to protect the health of. ...people.are the same everywhere. . As interpretations may be.required., and as unforeseen: situations arise which are not specifically covered in 248 CMR 10.00,the final interpretation shall be made by the Board..The following principles,shall comply with all Articles.of the State - Sanitary Code and Titles.of the Environmental Code: (1). Principle No.1--All Occupied Premises Must Have Potable Water. All premises intended for human habitation,occupancy,or use must be provided with a supply of potable water. Such a water supply shall not be connected with unsafe or questionable-water sources,nof.shall it be . subject to the.hazaids of backflow,backpressure,or back-siphonage: 3/11/05 _ .. . .248 CMR:.9 Y` . 248 CMR: BOARD'OF STATE EXAMINERS":,.. . . OF _ ...: . PLUMBERS AND GAS.FITTERS .10.02:_:continued :. .. (2) Principle No.2_--Addquate Water Require ired Plumbing fixtures;devices,and appurtenances must be supplied with water in sufficient volume and at pressures adequate to enable..them to ' function properly and without undue noise under normal conditions of use:; (3) Principle No.3--Hot Water Required Hot water must be supplied to all:plumbing fixtures. which normally need or require hot.water for their properuse and function. ..(4) Principle No.4--Water Conservation. Plumbing must be designed,and adjusted to use the n . mz imam,quantity of water consistent with proper performance and cleaning. :. (5). Principle No.5--Dangers of Explosion or Overheating. Devices and appliances for heating and storing water must be so designed and installed as to guard against dangers.from explosion or overheating... .. t(6)' PrincipieNo..6 -,13.e�uiredu P�l�bing'Ptxr` ,:- � - (a) To meet the basic prerequisites of sanitation and.personal hygiene each,dwelling shall. include.the following: 1. At least one toilet. 2. At least one lavatory. 3. At least one kitchen style sink. 4. At least.one bathtub orshower compartment or.shower unit. 5.: Laundry Facility Requirements. A:washing machine connection that consists of a piping arrangement. that includes acold water supply,hot water supply and a sufficient drain:.connection shall be provided in conformance with the following: a.:;One and Two Family Dwelling: At least one washing machine connection per unit. . b:--.Mtiltiple Dwellings. i.. Non-elderly Housing: la multiple dwellings that are not restricted to the. elderly,at least.one washing_machine connection for every ten dwelling units or fraction thereof that do not have a washing machine in the unit: ii. Elderly Housine. In housing that is restricted to the elderly, at least one washing machine connection for every 20.dwelling:units or faction.thereof that do not have a washing machine in the unit.. iiia The washing machine connection shall be located so that each occupant in a dwelling has access to a washing machine that may be affixed to the washing machine connection. *GiAll buildings and structures other than residential dwellings that are intended _pa shall be equipped with sufficient 8 rcient sanitary facilities as outlined in 24 �� . G.— (c) Plumbing fixtures must be,constructed.of durable,smooth,.nonabsorbent.and corrosion . resistant material and must be free of concealed fouling surfaces. (7) Principle No.7--Drainaee System of Adequate Size. The plumbing drainage system must be.installed,designed,arranged,constructed,and.mainiainedSoproteg against fouling;deposit.. of solids,'and stoppages. The drainage system shall incorporate adequate cleanouts placed in a manner that the drainage system may be readily cleaned. (8). : Principle No. 8 -- Durable Materials and Good Workmanship. The piping and other components of the:plumbing system must be manufactured of durable:material, free,from defective workmanship, and designed and constructed to provide.satisfactory service.for its reasonable expected life. (9) Principle No:9-=Liquid.Sealed Traps Required. Every fixture directly connected to the drainage system must be equipped,with.a liquid-seal trap.. .(10) Principle No. 10-Protection of Trap Seals. The drainage'and vent system must be designed to provide adequate circulation of air in and throughout all piping. Trap seals:shall be protected from the dangers of, siphonage, leakage, aspiration, momentum, oscillation, back .. pressure,evaporation.and capillary action under conditions of.normal ordinary use. 3/11/05 248.CMW.--:82 DANGER This Structure Is Declared Unsafe For Human Occupancy or Use. It Is Unlawful For Any Person To Use or Occupy This Building After Any Unauthorized person Removing phis Sign ■ WILL BE PROSECUTED Address of Building Code Official Code Art. Sec. Date Refer to Ordinance No. TOWN OF NORTH ANDOVER Office of the Building Department o1N°-r b qti Community Development and Services 1600 Osgood Street, Bldg.20, Suite 2035 North Andover, MA 01845 ACHUS���� Gerald Brown, Inspector of Buildings September 17,2015 To: Peter L. Kutrubes, Esq. Fr: Gerald Brown Re: Enforcement Request for Property at 146 Main Street, North Andover, MA Dear Attorney Kutrubes, have received your September 9,2015 Request for Enforcement. Please provide the following to me: 1. The Settlement Agreement in Civil Action No.99-01960 as referenced in the Award of Arbitration which you provided. 2. All findings of the Court in Civil Action No. 99-01960. 3. All Judgements entered in Civil Action No.. 99-01960. 4. All documents files by all parties with the Court in Civil Action No.099-01960 after October 18,2005,which is the date of the Arbitration Award. 5. Certification by you that you have provided copies of your Enforcement Request to each and every owner of a condominium at the Sutton Pond Condominium Project. 6. All correspondence by and between representatives of your client and representatives of the Sutton Pond Condominium Project since the January 16,2006 from the Norfolk Ram Group. 7. All engineering reports since January 16,2006 relating to the pump station. Very Truly Yours, Gerald Brown Inspector of Buildings Cc: Charles E.Vander Linden, Esq. Starr Vander Linden LLP TOWN OF NORTH ANDOVER Office of the Building Department oF�-fue.p►O R T1i 16gti Community Development and Services - A 1600 Osgood Street, Bldg. 20, Suite 2035 North Andover, MA 01845 �"'ATEO PpP`y'(5 SSACHUS�� Gerald Brown, Inspector of Buildings October 2, 2015 To: Peter L. Kutrubes, Esq. 93 Shore Road,Suite 24 Winchester, MA 01890 Fr: Gerald Brown Re: Enforcement Request for Property at 146 Main Street, North Andover, MA Dear Attorney Kutrubes, The issue of the pumping station which is the subject matter of your Enforcement Request has been litigated, resulting in a Settlement Agreement, an Essex Superior Court Order and an Award of an Arbitrator. I do not have the authority to interfere with or over rule,that process so I respectfully decline to issue the Enforcement Order which you requested. Very Truly Yours, Gerald Brown Inspector of Buildings Cc : Eric Kfoury Albert P. Manzi, III, Esq. Sawyer, Susan From: Peter Kutrubes <pkutrubes@kutrubeslaw.com> Sent: Friday, September 04, 2015 4:16 PM To: Sawyer, Susan Cc: Hughes,Jennifer; Kfoury, Eric; sthomas@starrvanderlinden.com; Brander, Kevin (DEP); Mohanty, Nihar(DEP);Zisch, Heidi (DEP);Zisch, Heidi (DEP) Subject: RE: 146 Main Street Attachments: Sawyer tl.pdf Ms. Sawyer: With all due respect, despite my client's declaration that he would turn off the power, he did not turn off the power until September 2, 2015. Prior to that day, he determined that the pump system itself—"temporary repairs"that your department and organization approved of-- actually failed. That failure is at the junction of where the new"temporary" PVC pipes connect to the original PVC pipe leading underground. This failure (spewing effluent) was verified and exemplified by the video sent to your office yesterday through Director Eric Kfoury. Yesterday, you were welcome to examine the system itself, but I observed that you did not even get near the pump house. At present, if Mr. Smith were to turn on the power, and the pump station"flows" effluent would still be spewing out of the system within the pump station itself. At least if he turns it off,the effluent can be controlled and pumped at proper intervals. However, it is not his responsibly to pump the pump station. My client is in a no win situation. He turns on the power, it spews raw sewage all over the pump station. If he turns off the power, provided the wet well is pumped, it should hold for a day. If you(meaning your entire organization) do nothing, then the wet well will overflow. If you did not see the video, now that I have your email address, I can email you the link. Accordingly, if you feel action needs to be taken, I suggest you take whatever action you need to address this situation. Please be advised that nothing has been done for decades while my client persistently and diligently brought this issue to the Town's Attention(Health Department, DPW and Building Department) and no one would address this issue, either ignoring his requests or passing the buck. I find it ironic that you would consider taking action against him now that he is taking self-help steps to prevent further damage to his property and the land. Sincerely, Peter L. Kutrubes Attorney & Counselor At Law In California 590 Lennon Lane, Suite 180 1 1 COMMUNITY and ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Stevens Estate Zoning August 28,2015 Dear Attorney Kutrubes: The Community and Economic Development Division ("Division") is in receipt of your letter to me dated August 21, 2015 and received via facsimile on August 26, 2015 (the "August 21" letter"). The intent of this response is not to get into the veracity or accuracy of any opinions,statements,or actions, allegedly inferred or made by me or any other person within this Division as are presented in the August 21St letter. Further,this response will not get into any historical issues relative to the sewer pump station located at 146 Main Street. The sole purpose of this response is to address the first and last paragraphs of the August 21St letter. In the first paragraph,you advise the Division of your client's intent to "shut off the power to the pump station serving his building". In the last paragraph,you request that I "instruct Sutton Pond to recommence pumping the wet well after September 1, 2015". Please be advised of the following: 1. No such instruction to the Sutton Pond Condominium Association will occur. 2. Any raw sewage that may spill on the ground and become "a hazard to the wetlands" will be the direct result of willful actions taken by your client. No person shall degrade a wetland resource area. Further,willful discharge of sewage into a Riverfront Area, wetland resource area or an associated buffer zone would constitute a violation of the North Andover Wetlands Protection Bylaw("Bylaw")and the Massachusetts Wetlands Protection Act. Pursuant to M.G.L. Chapter 40, Sections 21D and 31, the Town may enforce the provisions of the Bylaw and restrain violations thereof, and any person who violates any provision of the Bylaw may be punished by a fine pursuant to Massachusetts General Laws,Chapter 40,Section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense. 3. Turning off the power to the sewer pump will leave your client with very little capacity for disposal of his waste water. In turn,this could cause a backup of raw sewage within your client's premise that could result in potential harm to your client and/or his tenants. As this is a willful act to create a hazard,any resulting action taken by the Health Department or other Town department would be upon your client.Such action could include an order to resume the function of the electrical source to the pump or an order to cease the allowance of the public, including your client and tenants,to enter the premises. To avoid creating any public health, safety, or environmental hazardous condition and or violation, it is strongly recommend that electrical power to the pump station remain turned on. Very truly yours, Eric J. K.f ury, i ctor cc: Kevin rander, MassDEP Aug. 26. 2015 8: 38AM No. 0058 P. 2 PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 84680 BUSINESS AND INDIVIDUALS TELEPHONE(925)999-9600 FAX(926)266-7660 139 SHORPE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELI=PHONE(017)2013-1710 FAX(6M)782-4366 SENT VIA UNITED STATES MAIL AND BY FACSIMILE TO(978)688-9542 August 21,2015 Eric I Kfour y Director,Community and Economic Development 'Down ofNorth Andover 1600 Osgood Street—Suite 2035 North Andover,Massachusetts 01845 RE: Sewer Pump Station located at 146 Main.Street,North Andover,MA—Power to be Cut Off on September 1 2015 Dear Director Kfoury: Please be advised that by the close of business Tuesday, September 1,2015,my client will shut off the power to the pump station serving his building due to the inaction of both Sutton Pond Condominium Association and the Town of North Andover in seeking a viable and legal resolution to this pump station situation. This could have been averted many ways. However, Sutton Pond has refused to take an active role in this matter by and through their attorney,Charles Vander Linden. As you recall,you agreed that this pump station is out of compliance and improper. It violated the original special permit of December 1992 and despite the assertions of Sutton Pond,it has never been constructed properly,legally or in compliance with the law. As you also recall,per my client's conversations directly,with you,my client was not interested in turning on the power after the explosion of the system this past January until there was a design in place that was legal and approved by a proper engineer. My client advised me that you specifically stated that he(Gregory Smith)needed to trust that you were going to mare this happen and that you wanted to get the immediate problem with the pomp truck resolved. However here we are now many months later,at the end of the summer,and absolutely no further along than that day. 7n fact my client asked you over a month ago what was happening and you indicated that there was no design,and no action being taken concerning the pump station. Therefore,it is our position that we will put the system back to the state it was prior to your promise and-Sutton pond can continue to pump this station until such time that there is an approved pump station in compliance with all town and state requirements. Aug. 26. 2015 8: 39AM No, 0058 P. 3 At present,the pump station has no insulation. It has no power ventilation. The wet well is unsealed and there is a rag stuffing the hole where the pipes lead into the wet well. There is significant rot on the exterior of the pump shed so that at present,there is a hole completely through the back wall into the pump shed over one foot long. The shed has also not been properly cleaned since the explosive discharge in January 2015, and the smells and flies in the pump station itself are evident of the problems that still exist.The current condition is hazardous. Simply stated,this pump station is a hazard and it is ready to cause injury to my client's building as well as the occupants of my client's building, Per your instructions in late May 2015,I had a conversation.with Attorney Vander Linden in order to establish an agreement whereby the two parties (my client Gregory Smith and Sutton Pond)would build the required pump station. I discussed this issue with you on June 3,2015 and advised you that in order for me to propose any type of joint venture between the parties to construct the appropriate pump station with my client,any such venture would not settle any monetary and other claims Gregory Smith had against Sutton Pond. You agreed that my proffered position was reasonable I made that proposal to Attorney Vander Linden by email on June 4,2015. You were copied on that email. In addition,I also prepared and sent you a large package with a letter and exhibits documenting the history of this pump station as well as the dispute between my client and Sutton Pond. I did this because if Sutton Pond undermined any attempts to try and settle this matter,I wanted to show you why my client should not have to bear the cost of building the pump station alone should the Town of Nortli Andover make such an order. My package(letter and exhibits)Were conveyed to you in early July 2015. You and I spoke on or about July 7,2015 when you acknowledged you received my letter and exhibits. In mid-July,on or about July 17,2015,I received my first and only response from Attorney Vander Linden,requesting clarification of my June 4,2015 email. I responded to his inquiry within 48 hours and copied you on my response as well. That was the last I heard from Attorney Vander Linden through the writing of this letter, Since that time,I have tried to reach you concerning this matter. During our June 3, 2015 telephone conference,you advised me that if the parties cannot reach a resolution to jointly build a new pump station,you would contact North Andover Town Counsel and issue orders as to'whom would be responsible to build the new pump station. However,since July 17,2015,I have been unable to reach you. Simply stated,you have refused to return my telephone calls and emails. Even when visited your office on several occasions,you refused to speak to me or contact me. One time,about 3 weeks ago,I was told by one of your secretaries that you stated"you would call awe that afternoon." -2- Aug, 26, 2015 8:40AM No, 0058 P. 4 I have even written a letter to you that I sent by email on or about August 5,2015. Again,I received no response. Accordingly,given the fact that there has been no progress and no communication from either the Town,or Sutton Pond,Mr. Smith needs to protect his property and shut down this illegal pump station until such time as the Sutton Pond,the Town of North Andover and/or the Department of Environmental Protection will properly and adequately deal with it. All parties,other than Sutton Pond,agree that this pump station is illegal and improper. However,now is the time to act. Please instruct Sutton Pond to recommence pumping the wet wall after September 1, 2015,otherwise,raw sewage will spill on,the ground and become a hazard to the wetlands. Thank you for your attention. Sincerely, PxZeiti L. �?rY PETER L.KUTRUBES CC: Kevin Brander Department of Environmental Protection 205E Lowell Street Wihnington,NIA 01887 -3- PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDIVIDUALS TELEPHONE(925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206-1710 FAX(603)782-4366 March 24,2015 Susan Sawyer,RS Health Director Town of North Andover Health Department 1600 Osgood Street North Andover,Massachusetts 01845 RE: RE: 146 Main Street,North Andover,MA Dear Ms. Sawyer: My client and I are in receipt of your correspondence dated March 18,2015. 1 am surprised concerning the circumstances of your letter. Based on the facts at hand, and a police report that supports the timing, your letter is very concerning and geared more at protecting the status quo versus doing what is both right and necessary to protect the health and safety of the occupants of 146 Main Street and the surrounding environment. In addition, you actions (more accurately, inactions) tend to also injure the residents of the condominiums located at 148 Main Street since their property values will be directly impacted by a sewer contamination occurring on the common area of their condominium property. Based on the facts,the Town of North Andover was apprised of the explosive failure of the sewer pump station that serves 146 Main Street on or about January 14,2015. Accordingly, you should have been on notice. Since that date,and after three complaints were filed with the Town,nothing had been done. No inspections have been made and despite Sutton Pond's inaccurate representations, nothing has been done except weekly pumpings by Sutton Pond's contractor. Due to the cold weather,sewer gases leeching from the unsealed wet well into 146 Main Street had not been an issue until Tuesday,March 17,2015. At that point,Mr.Smith once again brought it to your attention as well as the attention of the Town that this is a dangerous situation. During your meeting with Mr. Smith at the Town offices,the police were called and,in front of the police officer at your offices, you agreed to inspect the pump station at 146 Main Street. Per the agreement made in front of the police officer,you and the police officer were to inspect the station at 3:00 to 3:30 p.m. that day—Tuesday March 17,2015. The police officer showed up,as promised. Mr. Smith made himself available. Neither you or Mr. Brown or any other representative from the Town showed up at Mr. Smith's building to inspect the pump station. Mr. Smith made video evidence of the condition of the pump station that day,since you did not attend. The video accurately revealed the following: (1) Spatter and spray of raw sewage on the interior of the pump station walls. (2) Raw sewage liquid seeping from the wet well. (3) Additional flowing of liquid,probably effluent,outside of the pump station. (I delivered a copy of this video to Director Eric Kfoury yesterday and I am sure he will share the video with you so you can better savor the experience without the smell that my client repeatedly had to endure.) On Wednesday, March 18,2015, in the late morning, apparently you and Mr. Brown, along with another person from your office,showed up at Mr. Smith's office. It was convenient that you showed up while Sutton Pond had its pump service pump out the wet well. It was also convenient that you showed up without the police being present to witness your actions. It is not surprising that you did not see raw sewage overflowing from the wet well since no one had flushed the toilets during your short observation. However,it is very surprising that your inspection did not reveal that signs of standing and spattered raw sewage. I was at my client's building yesterday,March 23,2015,and I could still see the evidence of the sewage on the floor of the pump station as well as on the walls as well. If you want photographic evidence of what sewage remains,please advise and I will send you the photographs. I am also extremely surprised at the verbal abuse Mr. Brown pummeled upon my client after Mr. Smith pointed out the location of the sewer pump station that Mr. Brown had issued a permit for the construction of a shed in or about 2005. It has.always been our intention to have a pump station that complies with the law. No more,but no less. It has been evident that the Town does not share this belief, including and especially your department and Mr. Brown. When asked to inspect the pump station back in May 2012, he agreed. Then,after a telephone call from Sutton Pond's attorney,he called and left a message with Mr. Smith,avoiding me,early in the morning on the date of the inspection,cancelling the inspection and refused to take and return my calls thereafter. I find it extremely concerning for the residents of the Town,both business and personal, that up until this point,before Director Kfoury is taking a hard look at this situation,that no one from the Town cared that this pump station is in a constant state of failure,does not comply with the applicable codes,and it has never been engineered and permitted. -2- Code Violations of Sewer Pump Station Constructed by Sutton Pond Condominium Trust Serving 146 Main Street,North Andover,MA - Distance of Pump Station from Foundation Requirement - 310 CMR 211 (Title V Massachusetts Environmental Code) -Pump Station needs to be a minimum of 10 Feet from Foundation of Buildings and Property Lines. In addition, a variance is required if Pump Station is constructed on another owner's land, not the same land as the building it serves. (3 10 CMR 211 (5)). - Undersized Storage for Power Outages—310 CMR 203 requires that the size of the wet well accommodate 24 hours of storage in case of a power outage in addition to its normal size. According to this regulation, an office building has to have 75 gallons per 1000 square feet of additional storage in case of a power outage. 146 Main Street is 6000 square feet in size,requiring the storage (not just the wet well size) capacity to be a minimum of 450 gallons. The present wet well is 200 gallons in its entirety. See TR-16 3.8 and 310 CMR 231(2) as well. See letter from Victor Olson of Stantec,page 4, Section g. - No Functioning Alarm System—TR— 16 3.2.3.7. Alarm system was not properly designed or installed. Operates on main power of pump station,but if there is a power failure, no alarm and no battery backup. Also, alarm not audible. - Improper Electrical Controls and Components/Explosive Hazard (TR— 16 3.6.2) Electrical systems not designed to be used in sewer pump system, especially heater that Sutton Pond attempted to use (plug in room heater).No power ventilation for pump shed and no separate ventilation for wet well. Sewer gases are flammable if not explosive. - Improper Force Main. (TR-16 3.7.1)Minimum size force main is 4 inches. Smaller diameters acceptable only where cutter type pumps are used. Existing force main is 2 inches and increases to 3 inches on site and ties into a 4 inch, 113 year old cast iron force main. See Olson letter p3, Section e. Shed Constructed Over Wet Well is to be of Non-Combustible Material (NFPA 820 —Table 4.2 Row 19). Existing Shed is constructed out of plywood and standard wooden studs with a base of pressure treated wood. Shed has no foundation, is poorly insulated and has stone floor. No Study,Application or Permitting Concerning Wetlands or Pump Station. (3 10 CMR 211 and 310 CMR 220(4)(I)). Also See TR-16. All work in the wetlands will require a permit from the Conservation Commission and maybe a study. Boyancy calculation needed CMR 15.221(8) due to the flood hazards surrounding the property and the high water table. - Special Permit Issued in December 1992 Violated. Permit called for pump station serving 146 Main Street to cross the waterway to the pump station serving the condominium. Presently,this unpermitted pump station is tied into a 113 year old sewer pipe. In addition TR-16 requires that any sewer system designed is designed for a minimum 50 year lifespan. Connecting the pump system to a 113 year old main violates this guideline of the 50 year lifespan as the 113 year old main is past its usable life. Permit also required Grinder style pump. Current pumps installed are not grinder style pump. Any change would need to be approved by the Planning Board (See letter from Lincoln Daly.) There is also no Sewer Connection Permit. o Main Issue Concerning Special Permit is 113 Year Old Sewer System Was Not Designed,Permitted or Retrofitted to Accommodate Connection of Pump Station at 146 Main Street as Follows: ■ No Thrust blocks as required in force mains beyond pump station 310 CMR 15.221(6)(c) ■ Watertight 20-in minium access manhole at least 20" MUST BE TO GRADE [3 10 CMR 15.231(5)] Service components accessible (not too deep with piping, disconnects accessible) Inspections. Inspections on pump station must occur once per year for systems less than 2000 gpd or quarterly greater than 2000gpd good to note on plan [3 10 CMR 15.254(2)(d)]. Gpd means gallons per day. Improper Pump Station Design. If pump station exceeds two units must have two pumps operating in lead-lag mode. [3 10 CMR 15.231(6) and(8)] Stable Compacted Base [3 10 CMR 15.221(2)] f COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT REPORT FOR MONTH OF MARCH 2015 Y CONTENTS CONDITION OF DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 3/12/2015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP 3/18/2015 SUTTON POND 148 MAIN ST 1,500 SEPTIC ILWWTP 3/25/2015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP 3/30/2015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP , IN 26 Livin stn Strei t Lewell; At 0199 This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulatory purposes only. 0 6 2015 TOS Ih:' 5' �` � < r , `/ 1 Servpro / SERVPRO of Lawrence 2064 <.. SERVPRO of Salem/Plaistow 5389 j SERVPRO of The Andovers 5390 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Client: GSD Associates Home: (603)327-7201 Property: 146 Main Street N.Andover,MA 01845 Operator: BWHITE Estimator: White,Brian Business: (978)688-2242 x 13 Business: PO Box 328 E-mail: bwhite@servprooflawrence. Lawrence,MA 01842 com Type of Estimate: Sewage Date Entered: 3/29/2015 Date Assigned: Price List: MAEM8X_MAR15 Labor Efficiency: Restoration/Service/Remodel Estimate: 2015-03-29-0830 i Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 2015-03-29-0830 Main Level 8.8.. Pump Room Height: 8' s 256.00 SF Walls 64.00 SF Ceiling 320.00 SF Walls&Ceiling 64.00 SF Floor Pump Room °p 7.11 SY Flooring 32.00 LF Floor Perimeter 32.00 LF Ceil.Perimeter DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV 1. Tear out and bag wet insulation-Category 3 water 320.00 SF 1.17 1.40 375.80 (0.00) 375.80 2. Clean stud wall 256.00 SF 0.60 0.32 153.92 (0.00) 153.92 3. Clean floor or roof joist system 64.00 SF 0.74 0.08 47.44 (0.00) 47.44 4. Clean floor-Heavy 64.00 SF 0.49 0.04 31.40 (0.00) 31.40 5. Apply plant-based anti-microbial agent 384.00 SF 0.23 0.96 89.28 (0.00) 89.28 6. Tear out non-salv wood floor&bag-Category 3 64.00 SF 4.06 0.36 260.20 (0.00) 260.20 water 7. Hazardous Waste/Mold Cleaning Technician-per 4.00 HR 70.24 0.00 280.96 (0.00) 280.96 hour Labor to clean out first few inches of earth and solid waste. Totals: Pump Room 3.16 1,239.00 0.00 1,239.00 Total: Main Level 3.16 1,239.00 0.00 1,239.00 Job DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV 8. Add for personal protective equipment(hazardous 4.00 EA 8.71 1.80 36.64 (0.00) 36.64 cleanup) 9. Negative air fan/Air scrubber(24 hr period)-No 1.00 DA 72.99 0.00 72.99 (0.00) 72.99 monit. 10. Add for HEPA filter(for negative air exhaust fan) 0.10 EA 189.41 1.09 20.03 (0.00) 20.03 11. Haul debris-per pickup truck load-including dump 1.50 EA 154.87 0.00 232.31 (0.00) 232.31 fees Totals: Job 2.89 361.97 0.00 361.97 Line Item Totals: 2015-03-29-0830 6.05 1,600.97 0.00 1,600.97 2015-03-29-0830 3/30/2015 Page:2 { Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Grand Total Areas: 256.00 SF Walls 64.00 SF Ceiling 320.00 SF Walls and Ceiling 64.00 SF Floor 7.11 SY Flooring 32.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 32.00 LF Ceil.Perimeter 64.00 Floor Area 75.11 Total Area 256.00 Interior Wall Area 312.00 Exterior Wall Area 34.67 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 2015-03-29-0830 3/30/2015 Page: 3 t Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Summary for Dwelling Line Item Total 1,594.92 Material Sales Tax 6.05 Replacement Cost Value $1,600.97 Net Claim $1,600.97 White,Brian 2015-03-29-0830 3/30/2015 Page:4 Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Recap of Taxes Material Sales Tax(6.25%) Clothing Sales Tax(6.25%) Storage Tax(6.25%) Line Items 6.05 0.00 0.00 Total 6.05 0.00 0.00 2015-03-29-0830 3/30/2015 Page: 5 Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Recap by Room Estimate: 2015-03-29-0830 Area: Main Level Pump Room 1,235.84 77.49% Area Subtotal: Main Level 1,235.84 77.49% Job 359.08 22.51% Subtotal of Areas 1,594.92 100.00% Total 1,594.92 100.00% 2015-03-29-0830 3/30/2015 Page: 6 Servpro SERVPRO of Lawrence 2064 SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 Recap by Category Items Total % CLEANING 232.32 14.51% GENERAL DEMOLITION 866.55 54.13% HAZARDOUS MATERIAL REMEDIATION 18.94 1.18% LABOR ONLY 280.96 17.55% WATER EXTRACTION&REMEDIATION 196.15 12.25% Subtotal 1,594.92 99.62% Material Sales Tax 6.05 0.38% Total 1,600.97 100.00% 2015-03-29-0830 3/30/2015 Page: 7 Main Level 81811- 81 ' 8118' 71 00 °O 00 Pump Room K IT Main Level 2015-03-29-0830 3/30/2015 Page: 8 Hughes, Jennifer From: Hughes,Jennifer Sent: Monday,January 12, 2015 2:33 PM To: Maylor,Andrew Cc: Enright, Jean Subject: Sutton Pond Condos Andrew, Michelle and I visited the small sewer pump"shed" at the stone mill building at the Sutton Pond Condos. Both the stone Mill Building occupant, Greg Smith, and a representative from the condo association, William Goode, came out to speak to us. It is clear there is a broken sewer pipe in the shed. We did not see or smell any effluent inside the shed or on the ground outside. My office just received a phone call from the Sutton Pond Condo management company that a repair company is on the way to address the broken pipe. It did appear that the pipes have frozen recently and there did not appear to be a heat source in the shed.While there is insulation along the side walls of the building there is nothing on the ground.The shed sits directly on the ground, no foundation ,frost walls, etc. I will call DEP to update them since Mr. Smith contacted them as well. Michelle and I will follow up when the repair is complete.There are several accusations about cause on both sides that I can fill you in on if you wish to hear them. Otherwise,this appears to be resolved for now. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9530 Fax 978.688.9542 Email ihughes@townofnorthandover.com Web www.TownofNorthAndover.com 1 f,ki TOWN OF NORTH ANDOVER 1< t`. -N �► O - 9 Building Department 2015 AP 1600 Osgood Street Building 2- Suite 2-36 Building Dept North Andover MA 01845 NBIRT#" Al MOS AtHit US S Tel: (978) 688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGGATION Y DATE: 94 r �l TEL#: 4� J ' �QUU ` l`16-5 NAME OF COMPLAINTANT. ece6o r l ADDRESS. 11-b �'V� �N , 4000iv 104 COMPLAINT TYPE: 0Ar-,P ©F- PE54V Electrical: Plumbing: RECEIVED APR 3 0 2015 TOWN OF NoRTmR Gas: HEALTH DEPARTMENT Building: Property Owner: Opa�aloel� ("e7- _.., I" /72-1 Address: I � Inew s'r mKrA n0oUa- /A Other: Pc/4fP )C�fa i)Ae D CCU212 eeawlq'jb Pjj7ZXj � � f'1 v I OU'/ 424n f 4N JIM , I3 s � �G �4� Pony �' 1JFPreS� 7/-) c � ' S Xnd 55 C/ N 0 Complaint Form-Revised 6.2007 d cC��N ��Pr Y_ 1 ht.0 IYED Top to Health Risks of Sewage?aPwmap 22 Exposure T 0,9`N (I NORTH AK6 V' ,R s €US f T S Use your key-.,,or t e nex artrcle Next: City launches greasy campaign April 18, 20132:13 PM MST Sewage damage is one of the most dangerous, and most costly, catastrophes that can happen to a home or business owner. Most people do not realize how dangerous exposure to sewage contamination can be to their family or colleagues. Below is a list of pathogens and allergens that fester in sewage waste. Each danger is accompanied by its symptom in an attempt to educate property owners on the potential dangers of contamination. Bacteria Bacteria are usually single-celled, parasitic life forms microscopic in size. Most genera cause decay, fermentation and disease. Below is a list of common bacteria found in raw sewage. Campylobacter jejuni A microaerophilic bacteria known as one of, if not the most, common cause of gastroenteritis. Long-term effects include could arthritis and Guillain-Barre Syndrome (GBS) if not treated immediately. *Guillain-Barre Syndrome is a disorder affecting the peripheral nervous system, causing ascending paralysis. (Escherichia coli) E. coli A Gram-negative bacterium commonly found in the lower intestine. Symptoms bloody diarrhea, fever, nausea, and vomiting. Salmonella A Gram-negative bacterium known to survive without the need of a host. This makes salmonella one of the more threatening genera of bacteria in raw sewage. Sufferers could experience symptoms of gastroenteritis, typhoid fever, paratyphoid fever and other common ails of food poisoning. Parasites Cryptosporidium A protozoan parasite which causes Cryptosporidiosis. "Crypto" causes severe diarrhea in people with healthy immune systems. Immune Deficient patients' symptoms are far worse and often fatal. Giardia An anaerobic flagellated protozoan parasite that colonizes in the small intestines. RNEIVED Symptoms included acute gas, severe diarrhea, dehydration, vitalAivinallalfis�Sion a d chronic weight loss. 30 Am 11: 22 Roundworm(Ascaris lumbricoides) Zd�s ASR Parasite caused disease known as Ascariasis while blocking the intestina�lAr�ac� auses visceral damage, peritonitis and inflammation of the body. Malabso � ' i�� ;) � gfl��rate into malnutrition and anorexia in the infected individual. M ASSACHUSf.T:S Tapeworm (Helmiths worm) Tapeworm actually feeds on intestinal track. Risks include vitamin deficiencies, fatigue, weight loss and, in extreme cases, severe neurological damage (ie. Seizures) Viruses Adenoviruses Cause respiratory infections like pneumonia, croup and bronchitis. Also known to cause severe eye infections. HPV (human papillomavirus) Normally knows as a sexually transmitted disease (STD), HPV can also infect humans when exposed to raw sewage. Along with wart growth, HPV is known to cause cervical, anal and genital cancer. Norwalk Virus Known to cause 90% of the world's non-bacterial gastroenteritis outbreaks. Rotavirus This viral strain can cause severe diarrhea and high fevers. Along with these health risks, it is important to understand that cross-contamination can occur if the affected area is not properly contained and ventilated. There are many reasons why sewage damage is harder to clean up than one may think. Hoene and business owners should not attempt to repair the damage on their own. A sewage damage service provider should be contacted immediately upon discovery of contamination. The sewage damage specialist will consult with an industrial or environmental hygienist to conduct testing on which areas of the property were affected. Once determination is made, affected areas will be sanitized and restored while contaminated objects such as carpeting, carpet pads, drywall, upholstery, furniture, clothing and other common items will more than likely be confiscated and removed. Once remediation and restoration is complete, the hygienist will return to re-test the affected area, ensuring the building is ready for re-occupancy. Servpro SERVPRO of Lawrence 2064UERI SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 2015 30 11: 978.688.2242 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 TOWN OF Client: GSD Associates HiVT � �1 Property: 146 Main Street � 1 N.Andover,MA 01845 Operator: BWHITE Estimator: White,Brian Business: (978)688-2242 x 13 Business: PO Box 328 E-mail: bwhite@servprooflawrence. Lawrence,MA 01842 com Type of Estimate: Sewage Date Entered: 3/29/2015 Date Assigned: Price List: MAEM8X_MAR15 Labor Efficiency: Restoration/Service/Remodel Estimate: 2015-03-29-0830 Servpro t2iffE SERVPRO of Lawrence 2064 T-O I'll 1CLEMK'S OF ICt SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 1 i �R 3� 1' 978.688.2242 � 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 TOM-4 OF NORTH ANDOVER 2015-03-29-0830 HKSSACHUSE T Ta Main Level Pump Room Height: 8' s 256.00 SF Walls 64.00 SF Ceiling 320.00 SF Walls&Ceiling 64.00 SF Floor Pump Room 7.11 SY Flooring 32.00 LF Floor Perimeter 32.00 LF Ceil.Perimeter DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV 1. Tear out and bag wet insulation-Category 3 water 320.00 SF 1.17 1.40 375.80 (0.00) 375.80 2. Clean stud wall 256.00 SF 0.60 0.32 153.92 (0.00) 153.92 3. Clean floor or roof joist system 64.00 SF 0.74 0.08 47.44 (0.00) 47.44 4. Clean floor-Heavy 64.00 SF 0.49 0.04 31.40 (0.00) 31.40 5. Apply plant-based anti-microbial agent 384.00 SF 0.23 0.96 89.28 (0.00) 89.28 6. Tear out non-saly wood floor&bag-Category 3 64.00 SF 4.06 0.36 260.20 (0.00) 260.20 water 7. Hazardous Waste/Mold Cleaning Technician-per 4.00 HR 70.24 0.00 280.96 (0.00) 280.96 hour Labor to clean out first few inches of earth and solid waste. Totals: Pump Room 3.16 1,239.00 0.00 1,239.00 Total: Main Level 3.16 1,239.00 0.00 1,239.00 Job DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV 8. Add for personal protective equipment(hazardous 4.00 EA 8.71 1.80 36.64 (0.00) 36.64 cleanup) 9. Negative air fan/Air scrubber(24 hr period)-No 1.00 DA 72.99 0.00 72.99 (0.00) 72.99 monit. 10. Add for HEPA filter(for negative air exhaust fan) 0.10 EA 189.41 1.09 20.03 (0.00) 20.03 11. Haul debris-per pickup truck load-including dump 1.50 EA 154.87 0.00 232.31 (0.00) 232.31 fees Totals: Job 2.89 361.97 0.00 361.97 Line Item Totals: 2015-03-29-0830 6.05 1,600.97 0.00 1,600.97 2015-03-29-0830 3/30/2015 Page: 2 Servpro 'Ir U-NED SERVPRO of Lawrence 2064TO . ! s�€!� 'S OFFICE SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 -2015 APR 30 AM 1 t: ZZ 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 TOWN Or, NORTH ANDOVER HAS5Ai✓HUSE T i S Grand Total Areas: 256.00 SF Walls 64.00 SF Ceiling 320.00 SF Walls and Ceiling 64.00 SF Floor 7.11 SY Flooring 32.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 32.00 LF Ceil. Perimeter 64.00 Floor Area 75.11 Total Area 256.00 Interior Wall Area 312.00 Exterior Wall Area 34.67 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 2015-03-29-0830 3/30/2015 Page: 3 Servpro SERVPRO of Lawrence 2064 RECEIVED SERVPRO of Salem/Plaistow 5389 Tfir, " CP F-RWS OFFICEE SERVPRO of The Andovers 5390 978.688.2242 2015 APR 30 AM 11: 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 1 0 V%`H' OF M SSAC1.1O'S F�T Summary for Dwelling Line Item Total 1,594.92 Material Sales Tax 6.05 Replacement Cost Value $1,600.97 Net Claim $1,600.97 White,Brian 2015-03-29-0830 3/30/2015 Page: 4 Servpro SERVPRO of Lawrence 2064 If C,; ; C[-ERK'S 0 FF101E SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 2095 APR 30 AM I f: 22 978.688.2242 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 NORTH ANDOMASSACHUSVER Recap of Taxes Material Sales Tax(6.25%) Clothing Sales Tax(6.25%) Storage Tax(6.25%) Line Items 6.05 0.00 0.00 Total 6.05 0.00 0.00 2015-03-29-0830 3/30/2015 Page: 5 Servpro FECEIVED SERVPRO of Lawrence 2064 1� �'Fa.� �:�,E�?�;•��,, f�i��'{�;�` SERVPRO of Salem/Plaistow 5389 SERVPRO of The Andovers 5390 978.688.22420lSAPR 30 AM If: 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 TOWN OF NORTH ANDOVER Recap by Room MASSACHUSETTS Estimate: 2015-03-29-0830 Area: Main Level Pump Room 1,235.84 77.49% Area Subtotal: Main Level 1,235.84 77.49% Job 359.08 22.51% Subtotal of Areas 1,594.92 100.00% Total 1,594.92 100.00% 2015-03-29-0830 3/30/2015 Page: 6 Servpro SERVPRO of Lawrence 2064 RECEIVED SERVPRO of Salem/Plaistow 5389 1 CM{ ���ERK'S OFFICE SERVPRO of The Andovers 5390 978.688.2242 2015 APR 30 AM 11: 22 office@servprooflawrence.com-PO Box 328 Lawrence,MA 01842 TOWN Off" Recap by Category WRTH ANDOVER MASSACHUSETTS TS Items Total % CLEANING 232.32 14.51% GENERAL DEMOLITION 866.55 54.13% HAZARDOUS MATERIAL REMEDIATION 18.94 1.18% LABOR ONLY 280.96 17.55% WATER EXTRACTION& REMEDIATION 196.15 12.25% Subtotal 1,594.92 99.62% Material Sales Tax 6.05 0.38% Total 1,600.97 100.00% 2015-03-29-0830 3/30/2015 Page: 7 Main Level 8' 0 C cn� def m rq cn ' ; 50 _00 ISO (-j Pump Room Main Level 2015-03-29-0830 3/30/2015 Page: 8 TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET. 01845 WILLIAM A. CYR TELEPHONE 687 7964 •rirrau omEcroa FAX: (508) 683 9381 01 M�ATh 0 � a December 1, 1992 CH Mr. George Perna, Chairperson Planning Board 120 Main Street Nortb nrdover, Ma 01845 Re: Osgood Mill Dear Mr. Perna: The Division of Public Works has reviewed the September 1985 Special Permit and various construction and site plans of the Osgood Mill. Complex. Based on the review of available information we have compiled the following list of outstanding issues which need to be addressed. 1 : Provide a plan for construction of adequate vehicular and pedestrian access to both Main Street and High Street. The plan should consider the potential future access to Sutton St. The plan should be based on an updated traffic study and should address our concerns regarding flow and site distance in the direction of and at the intersection with Main St. 2 . Connect the new watermain on the Osgood Mill site to the recently installed water main on the North Andover Mills property. !abandon a'? unlined on site water mai nS to be used for domestic purposes. Hydrants should be installed in accordance with sheet C-4 of the 1987 plan, or as required by the Fire Department. 3 . The water installations must conform to 310 CMR 22 : 22 regarding cross-connections . Plans showing proposed installation of 'back flow prevention devices must be submitted to D.E.P. for review and approval . 4 . _)ie sewage pumping station and collection system should conform to the appropriate regulations and specifications of the Division of Public Works . A sewer connection permit must be obtained from the Division of Water Pollution Control of the Mass Division^ of Environmental J � i Page 2 . Protection. The existing pumping station along Cochichewick brook should be redisigned to reflect future site use. 5 . Provide an interim as-built plan prior to continuing construction on site and a final as-built when construction is completed. Very tr yours, J. William Hmurciak, P.E . Assistant Director JWH: jm i ELM MILL REALTY TRUST 200 North Main Street East Longmeadow, MA 01028 (413) 526-4585 December 8, 1992 Mr. George Perna, Chairperson Planning Board Town of North Andover 120 Main Street North Andover, MA 01846 REFERENCE: SUTTON POND (A/K/A OSGOOD MILL) 166 ELM STREET NORTH ANDOVER, MASSACIIUSETTS Dear Mr. Perna: In response to the letter dated December 1, 1992 from the Division of Public Works to the Planning Board with respect to the above—captioned development, please be advised of the following: 1. Item No. 1: The site plan shows our plan for adequate vehicular and pedestrian access to Main Street and I11gh Street. A recent traffic study was provided to the Planning Board in connection with the addition to the Brickstone property. The relocated right—of—way approved by the Planning Board is an Integral part of the plan. Pursuant to yesterday's meeting with Marty Spagat, Paul Hedstrom, John Nolan, Karen Nelson and Kathleen Bradley, I understand that you have instructed Mr. Spagat to record a new easement consistent with your prior approval. The proposed access to Sutton Street is entirely outside of this property and outside of our control and is not a proper condition for this repermitting. 2. Item No. 2: We have not yet seen an as—built site plan for the North Andover Mills property. If the water main has been installed contiguous to the Sutton Pond property on the right—of—way, then we will connect the water main. Please provide us with the pertinent information as soon as possible. Also, we need further clarification on the second part of Item #2 relative to abandoning all unlined on site water mains to be used for domestic purposes. 3. Item Nos. 3 and 4: It is our understanding that this work was Installed in accordance with the approved plans and applicable permits. We assume that the applicable DEP approvals were previously attained prior to Installation and connection. Item No. 4 indicates that the existing pumping station along Cochichewick brook should be redesigned to reflect future site use. It should be noted that this pump station will be demolished and a tennis court constructed In Its place. Given the proposed demolition of this pump station, Elm Intends to Install an Individual grinder—ejector pump for the three—story office building which will more than likely pump to the lift station at the courtyard location. TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. William flmurciak Telephone(978)685-0950 Director F+ �`� Fax(9 78)688-9573 yes� February 29, 2000 John A. Daly,Esquire 89 Main Street No.Andover,Ma. 01845 RE: Sutton Pond Condominium Complex Dear Mr.Daly: We have researched available information at the Division of Public Works in response to your letter of January 25,2000 regarding special permit issues of the Sutton Pond Condominium Complex.We could not find any specific records for the inspection and testing of the sewer pumping station which now services your clients building.' Since we maintained the pumping station when the Town of North Andover leased the building we are aware that the old pumping station.at the Osgood Mill was modified to service only the office building.However,the new pumps are connected to the existing force main which discharges to the sewer in Main Street. A sewer system extension permit from the Department of Environmental Protection was obtained for the project;a copy of which is enclosed. If you have any questions or require any additional information,please advise. 4Veryours, Y Hmurci .E. Director of Public Works JWH/njb d2 ti �� ComrnonWeafth of Massachusetts Executive Office of Environmental Affairs Department of 40 Environmental Protection Metro BostorWorthedst Regional Office Wham F.Weil aawma Daniel S.Greenbaum CarnffA=Wrw March 10, 1993 Ernest Gralia, III RE: NORTH ANDOVER - BRP WP14 Elm Services, Inc. Sewer System Connection/ 200 North Main Street Extension Permit No. 68834 East Longmeadow, MA 01028 Sutton Pond/Osgood Mill Dear Mr. Gralia: In response to your application for a sewer connection/ extension permit to discharge into the sewer system located at Sutton Pond off Elm Street in North Andover, Massachusetts, and after due public notice, I hereby issue the attached final permit. No comments objecting to the issuance or terms of the permit were received by the Department during the public comment. period. -Therefore, in accordance with 314 CMR 2.08, the permit becomes effective upon issuance. This Permit is an action of the Department. If you are aggrieved by this action, you may request an adjudicatory hearing. A Notice of Claim for an Adjudicatory Hearing must be made in writing and postmarked within thirty (30) days of the date this _permit was issued. Pursuant to 310 CMR 1.01(6) , the Notice of Claim shall state clearly and concisely the facts which are grounds for the proceeding and the relief sought. The Notice of Claim, along with a valid checkY a able to the P Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) , must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The Notice will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described in 310 CMR 4.00. 10 commerce Way a Wobum,Maasachuseft 01801 a FAX(617)935-6393 9 Telephone(617)935.2160 North Andover Sutton Pond, cont'd. Page 2 If you have any questions regarding this matter, please contact Alice M. Durek at (617) 935-2160. Very truly urs, Sabin M. Lord Jr. , Regional Engineer for Resource Protection SML/AMD/ad cc: -Kevin Mahoney/NERD -TOWN OF NORTH ANDOVER/DPW, 384 OSGOOD STREET, NORTH ANDOVER MA 01845 ATTN: DIRECTOR `-Thomas E. Neve Assoc. , Inc. , 447 Boston Street, Topsfield, MA 01983 Attn: Thomas E. Neve, P.E. A s68834.per 314 CMR: Division of Water Pollution Control One Winter Street Boston, MA 02108 7.20: PERMIT NO:_A 99.34 APPLICATION FOR PERMIT TOWN: L'PT NAOVER FOR For--issuing office SEWER SYSTEM EXTENSION OR CONNECTION use only: INSTRUCTIONS The application should be signed by the appropriate municipal official, and submitted in triplicate, with the original and one copy to the Division's Boston Office and one copy to the appropriate regional office. The signature of the design engineer or. other -agent will be accepted only if accompanied by a letter of authorization. If connection is to be made to the MDC sewerage system, indicate "MDC" in item 11. If the project includes sewers, pumping stations, force mains, or syphons, construction plans must be submitted with the application. If additional space is required to properly answer any questions, please attach additional sheets and refer to the attachments in the space provided. (1) Name and Address of Applicant: Elm -Mill Realty Trust 200 North Main Street, E. Long., MA 0102f (413) 525-4585 Telephone (2) Name of Sewer System Owner: Town of North Andover (North Essex Sewer (Municipality or Sewer Dist )Di stric Dept. of Public Works (Department) 384 Osgood St., North Andover, MA 01845 • (3). Type of Project: Residential Sewer Connectors - Minor (Sewer Extension or Sewer Connection) (4) Number of Residences to be 188 Residential Units served: 1 110 - 1 BR Units 110 (5) Number of Bedrooms: 78 - 2 BR Units 156 266 futd! -- S Property: Formerly Osgood Mill Condominiums- 166 Elm Street North Andover, Massachusetts . 1 314 CMR: DIVISION OF WATER POLLUTION CONTROL (6) Other establishments to be served: (a) None Name Address Type of Establishment Design Flow (b) (c) (d) ' (7) Design Flow-Gallons Per Day: Sewage 266 BRS @ 110 GPD 29,260 Industrial Wastes None Total 29,260 gal./day (8) Location, Length, Size and Capacity of Sewers to be Connected to the existing system: (Attach. sketch) (a) See attached Name of Street Length of Sewer Size of Sewer Flow Full Capacity (b) (c) (d) (9) Location, Size and Capacity of Pumping Stations to be Connected to the existing system: (a) .. See attached Pump Station Location Number of Pumps Pump Size Pump Capacity 8. The 188 unit residential development was constructed in 1987-1988, and is currently connected to the Town of North Andover's public sewer system. The residential development is comprised of a combination of renovated existing mill buildings and new construction. As part of the construction, some new-sewer systems were provided on the subject property and some existing onsite systems were upgraded. Substantially all underground work has been Installed and connected. The aforesaid systems tie into an existing line and sewer manhole which 'connects to the Town of North Andover's main gravity system. See attached Plans C-1, C-4, C-8 and Neve Associates "As—Built". 9. There is a lift station incorporated with the new sewer system for the new construction portion of the development as described in Item #8 above. However. as indicated, all wastewater discharge from the development connects onsite to an existing 10" sewer line which is connected to the Town of North Andover's gravity system. 314 CMR: DIVISION OF WATER POLLUTION CONTROL (10) General Description of. Sewers and Pump Stations within the existing sewer system which will transport the flow from the proposed sewer extension of connection to the receiving Wastewater Treatment Facility: The sewer connection drains into an existing sewer manhole located on the subject property, which connects to an existing gravity sewer main. Such sewer main runs parallel to the now unused Boston and Maine Railroad within a 20' wide sewer easement. (11) Receiving Wastewater Treatment Facility: Greater Lawrence Sanitary District Name: . North.-Essex SewEr District - Lawrence Average Daily Flow: 37 Million Gallons Per Day Design Flow: .52 Million Gallons Per Day (12) Does the discharge contain any industrial waste? Yes No X If yes, list any pollutants which you know or have reason to believe are discharged or may be discharged. For every pollutant you list, please indicate its approximate concentration in the discharge and any analytical data in your possession which will support your statement. Additional wastewater analysis may be required as part of this application. (13) Does the discharge contain any industrial waste containing substances . or materials which could harm the sewers, wastewater treatment process, or equipment; have an adverse effect on the receiving water; or could otherwise endanger life, limb, public property, or constitute a nuisance? Yes No X (14) Do the wastewaters receive any pretreatment prior to discharge? ' X Yes No 314 CMR: DIVISION OF WATER POLLUTION CONTROL (15) List, in descending order of significance, the four (4) digit standard industrial classification (SIC) Codes which best describe the facility producing the discharge in terms of the principal products for services provided. Also, specify each classification in words. SIC CODE OPECIFY A. H. Not Applicable C. D. (16) Is the Proposed Discharge Consistent with Existing Sewer Use Regulations: YES: X NO: A (17) Is there a site of historic or archeological significance, as defined in regulations of the - Massachusetts Historical Commission, 950 CMR 71.00, which is in the area affected by the proposed extension or connection? YES: NO: X (18) Does this project require a filing under 301 CMR 11.00, the Massachusetts Environmental Policy Act? YES: NO: X If yes, Has a Filing been Made? YES: NO: (19) Name and Address of Massachusetts Registered Professional Engineer Designing the Proposed System: Anderson-Nichols & Company, Inc (Engineers/Ari•hitprt) Name 31. St. James Avenue Address Boston MA 02116 City State Zip (617) 695-3312 Telephone Mass. P.E. Number 314 CMR: DIVISION OF WATER POLLUTION CONTROL (20) Certification , "I certify under penalty -of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified Personnel properly - gather and evaluate the information submitted. Based on my inquiry of -the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, .. true accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment of knowing violations." (I will be responsible for publication of public notice of the applicable permit proceedings identified under 314 CMR 2.06(1) (a) through (d) . ) Ernes • 'ii . Gralia, III P nt N f 1 pli an Title 12/28/92 Signature Applicant Date Signed Ernest A. Gralia III Elm M 1 Realty frust (413). 525-4585 Name of Preparer Title Phone No. 21) * General Conditions (a) All discharge authorized herein shall be consistent with the terms and. conditions of this permit and the approved plans and specifications. The discharge of any wastewater at a level in ' excess of that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit. • Such a violation may result in the imposition of civil and/or criminal penalties. as provided for in section 42 of the State Act. (b) After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part .during its term for cause including, but not limited to, the. following: 1. Violation of any terms or conditions of the permit; 2. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; and 3. -A change -in conditions or the existence of a conditivn_wh-i ch- ----- --- -- -_ --requ-ires either a temporary or permanent reduction or elimination of the authorized discharge. 314 CMR: DIVISION OF WATER POLLUTION CONTROL (c) In the event of any change in control or ownership of facilities from which the authorized discharges originate, the permittee shall notify the succeeding owner or operator..of the existence of this permit by letter, a copy of which shall be forwarded to the Director. Succeeding owners or operators shall be bound by all the conditions of this permit, unless and until a new or modified permit is obtained. (d) The issuance of this permit does not convey any property rights In either real or personal property, -:or any exclusive privileges; nor does it authorize or relieve the permittee of any liability for any injury to private property or any invasion of personal rights; nor any infringement of Federal, State, or local laws or regulations; nor does it waive the necessity of obtaining any local assent required by law for the discharge authorized herein. (e) The provisions of this permit are severable, and the invalidity of any condition or subdivision thereof shall not make void any other condition or subdivision thereof. (f) All information and data provided by an applicant or a ' Permittee identifying the nature and frequency' of a discharge shall be available to the public without restriction. other information (other than effluent data) which may All be . submitted by an applicant in connection .with -a permit application shall also be available to the public unless the applicant or permittee is able to • demonstrate .that the disclosure of such information or particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets in accordance with the Provisions of M.G.t. c.21, x.27 (7) . . Where the applicant or permittee is able to so demonstrate, the Director shall treat the information or the particular part (other than effluent data) as confidential and not release it to any unauthorized person. Such information may be divulged to other officers, employees, or authorized representatives of the Commonwealth or the United States Gove7rnment concerned with the protection of public water or water supplies. (g) Transfer of Permits 1. Any sewer system extension or connection permit authorizing an industrial discharge to a sewer system is only valid for the person to whom it is issued, unless transferred pursuant to 314 CMR 7.13 . Such permits shall be automatically transferred to a new permittee if: w a 314 CMR: DIVISION OF WATER POLLUTION CONTROL A. The current permittee notifies the Director at least 30 days in advance of the proposed transfer date; and B. The notice includes a written agreement between the existing and new permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them. 2. Any sewer system extension or connection permit not subject to 314 CMR 7.13 (l) automatically transfers:.to a subsequent owner, operator, or occupant. (22) Special Conditions SEE A'TTAW FL) 6PcCI A L CONN iT 10NS j TW96a.64 7 4 APPRO RE ENDED: o Ulb Signature nd Title o Appropriate Municipal Official (Phone) (FOR ISSUING OFFICE USE ONLY) MAR 10 1993 DATE ISSUED DIRECTOR DIVISION OF WATER POLLUTION CONTROL MAR 101993 ---- -:.- -FFECTIVE--DATE- OF-PERMIT- -: . (22) SPECIAL CONDITIONS Permit No. 68_834 1. This permit authorizes discharge of up to 29.260 gallons per day from the project specified within the permit. 2. Since the project has been substantially completed without the preparation of usual as-built plans denoting underground work for the project, the permit review was based on the plans that were prepared by the original architectural/engineering firm and subsequently revised by the applicant's Massachusetts registered professional engineer after construction was completed. Exact profiles and water/sewer line separations are not shown but inverts of sewer manholes were measured and noted on the plans. These plans consisted of four (4) sheets and are .titled as follows: Title: Drawings C-1, C-4, C-8 and As-Built Site Development Plan Location: Sutton Pond (a.k.a. Osgood Mill) Municipality: North Andover, Massachusetts Applicant: Elm Mill Realty Trust Engineer: Thomas E. Neve Associates 9 Date (Last Revision) : C-1: 04/06/87 C-4: 04/06/87 (06/26/87) C-8: 04/06/87 (06/26/87) As-Built: 08/09/92 Any deviation from the approved plans shall require review and approval from the Department. 3. Any future connection that will: a. discharge 15,000 gallons or more per day; 'or b. include a pump station except those serving one or more single family dwellings on a single lot; or c. include any industrial waste subject shall bebject to a new and separate sewer connection permit application as required by 314 CMR 7.00 and 310 CMR 4.00. 4. All pumping, ejector or lift stations shall be provided with an adequate and operational alarm system that will transmit a warning of a malfunction at the facility to a manned facility. Operational alarm systems shall be tested at least twice annually. 5. Small pumping ejector of lift stations which are not located adjacent cent to drinking ng water supplies, storage equal to the maximum amount of wastewater (including Infiltration and .Inflow) which can be expected may be provided, or a portable standby generator may be used or a portable engine-driven pump may be supplied which- -can be-readily--connected to -the-force .main. Electric generators and engine driven pumps shall be tested at least twice annually. m (22) SPECIAL CONDITIONS, cont'd Permit No. 68834 6. Manholes shall be designed for watertightness if located in areas subject to flooding and for any anticipated loadings. 7. After construction is complete and prior to actual use of the sewers, the applicant shall do the following: A. Submit a copy of the as-built plans including plan and profile views to the Department for the-three story office building grinder/ejector pump and force main connection to the existing lift station in the courtyard location; B. Hire a Massachusetts registered professional engineer to conduct a dye test of all sewer connections and confirm in writing with a copy to the Department that all lines are connected to the sewer system as shown; C. Install a clean out manhole in the forcemain from the courtyard lift station at an appropriate location 'and submit a copy of the as-built plans including this new detail. g D. Submit documentation of ownership,. an escrow account- set aside for equipment replacement and operation and maintenance costs, a copy of an executed contract with a contract operations firm for the operation and maintenance of the . sewer system infrastructure and Pumping station associated with the sewer connection project for the review and approval of the Department. �...,.,_ .. B K 211 1 Any appeal shalt be tiled • �` � RECEIVE within { liafter DANIEL LI) RUM date offlingof this NNotice % Cyt}&N OF NORTH ANAOVRRin theONCB01tX0Wn NOT MASSACHUSETTS. I. Cleft-d "" iAtaioeauyehamndM4 MfQod��ddsddlWia�fad' NOTICE OF DECISION 00 !3=:z/4ZT3 ' Date....September.-34.11M•• Date of Hearing ..Ju.1y.29.,..1985 Petition of ...L'an,jamin.C...Osgood.end.G..Bradley.Aiobards............ Premises affected ...Asgood.tdil�.Compd.ex.oa.the. astsids.of.Elm.Si;... Title-Reference; See deed-recorded at Book, Page_. Referring to the above.petition for a special permit from the requirements of the .....2oning:Bylarr, Section 11 ..................................... ... ........ so as to permit ...a..Spectal.Perlait.fon.a.Manmed.Development.Distniet .......................................... ......... .... ............ After a public hearing given on the above date, the Planning Board voted to ..approve......the ......Special.Permit.Soa.Osgood.M1,11.P1anned...... Development District (PDD) based upon the following-conditions %Signed Jho . .lha i rl�an , fi�" 't.• Paul A. Hedstrom Vice-Chairmen John A.,James,Jr., Clerk lbws�. ..............................:. John J. Burke ................................ Recorded Jan.811986 at 3.24PM ,#504 B93675 44— .22o R1I.'.:ItIt TOWN OF NORTH ANDOVER DR1i::L'Vv IMASSACHUSETTS Tu5 �' i•IX j �,'�.;•.e DEC zZ 4 25 F4.r9I N Any appeal shalt be filed i within 120)days after theerr�,aocQ+.,. l.L M55 • date of filing of this Notice .iAn.e�.�erngdas+�ed+w'� i in the Office of the Town ���'�3 Clerk. NOTICE OF DECISION tisnC-2 i Date....aIS!9'1'cr 22=1993 Y�a�;id •� o Date of Nearing DMce jj jj-.1992 -Vest-Pido.of.LlnIRLP St;ene....... i r '• Referring to the above petition for a apedal permit from the.rEquirements of the )tortk Andover,ZoninB.Bylay.,.Sectioa.�1� Planned Development Diserict so as to permit , tfie Teieeue of a Special Permit Sn order to eompleee the r$ s .FPpsLxpcLion,of,ehp,Op�ood,�li}} Pro�eGtl..................................... e After a publle hearing given on the above date, the Planning Board voted , CONDITIONALLY to APPPA S,.......the .SPECIAL PERHIS........................................ based upon the following conditions; ec, Director of Public Norkr 1 Building Inspector Conservation Adginistrator f� Health Agent Signed Aasesaore 1-\ Police Chief gp,XAXAp ,�,,,,,,,� Fire Chief Applicant daaei h wJhW a'Y•................. Engineer File Jchm 51inono.................... interested Parties • jAhm AYApAr......... • .• RfshPFd. ing''i3cnrd""•"' . 3 813.876 ' • ' ••' �, �- :: ', .' . - -221 • aKAM iaaeaw Town of LW Man 609246 oiei5 i a'""• NORTH ANDOVER PLANNING&C011MUNM DEV=PAU= . Odcs0lbex 2Z, 1992 . 'Mr., Daniel Ung, TOwn Clerk Town Office•Building 120 main Street ' North.&Waver,'Uh 01645• Rep Osgood Kill -Plumed Development • District (PDD) Spacial Permit k Dear Mr. Longi The North Andover Planning Board;hold a public hearing on - }= Tuesday waning, •Decaffiiar 1, •1992,• at 8 s 00•p.m. in the •Town r, "•• Office meeting Room, upon the* application of M=c,. Ina. of r.. Boston, Mh., and subsequently 'continued the public hearing•unt'il, i• 'December ,15, 1992. , The hearing-*as duly advertised in the Lawrence Eagle Tribune on November 16.and November 23, 1992. •A;l parties of interest were properly notified. The followipg s members were .pfasent at.the December 1, 1992 meeting: Joseph Mahoney, George Perna, :John Draper, John Simons and Richard Rowan. The p@titioner seeks •a Special Permit under Section 11 Manned Develeement District of the North Andover Zoning Bylaw (the "Zoning'Bylaw"), governed by Section 10.31 cp 4+1-- far f ApFrovaI of SaMe;a permit. This saction,af the Zoning Bylaw . S permits a mixed use in an Industrial-8 Districtby 8paaiel Permit. As indicated in a Notice of Decision dated.September 3, 1985, recorded with the Essex North District Registry.of•Deads at book 2111„ Page 167, the Planning Board issued'a bpacial Permit to allow' the conversion of tufo existing. buildings, . end wnstructioaa of five new buildings, Into 188 residential housing units and an office/rastaurant facility located on the Nestside " of Elm Arest and known as the Osgood mill Complex. Said lot is situated in an Industrial=s Boning District possessing 13.2 acres I of land area, in addition, the.promises is located in the Town$* designated Commercial Axes Revitalization District 4CARD) and . Historic' District. .Construction .authorized under the •above riferenced spacial garmit was discontinued before the-Osgood Mill complex was 'completed, and a -question ban arisen whether the 8peaial Permit, as wall as*the associated sits plan approval for the Osgood Mill Complex, are still In•full.force and affect. i ,. 2 s �wC^2 3675 Page 2t I Osgood Kill Complex , The purpose of the present special Permit applieatiort is to obtain a new Special Permit, as well as definitive site plan approval, in order to complete the partially constructed Osgood Mill Complex. The now definitive site plan is not forth on the Plan et+titled "Site Layoat(,I *Sutton Pond Condominiums(-,) North Andover, Massachusetts"t prepared by Henry Schadler Associates, i P.C,t scale' 20-4001 dated November 13, 1992, revised Novembe 30, 1992 (the "Plan"). r The followlrig members were present and voting at tha December 15, 1992, meeting when the Board rendered their decision' Joseph Mahoney, Georgo Perna, John Draper, John Simons, and Richard Rowan. Upon a motion made by Mr. Mahoney and seconded by Mr. Draper, the Board voted unanimously to cloea the public hearing and approve the petitioner's Special Permit applipation and Plan for a Planned Development District (PDD) for the Osgood Mill Complex. ' Attached are those conditions. Sincerely, NORTH ANDOVER PLmING BOARD ' Georgn D�Perna, Chairman , cc$ Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors I Police Chief Fire Chief Applicant Engineer File J • _ '. _ _ — �riri�+� i4i- 'iL�`•tiw4'- _ '_sahYiof�' hW:.X+Nu`i.`" "ti.. rr.� . .. �+Mrr«,'^'.M r.-.+••e:.•'+.erfxr•. .. .. .. ^p^q','w.n"�!'7„^s!►4.f7�gr!•r„-� .- �, B93675 223{P' , "bood Mil S iai PPermit,ipat�`ilned UgAv#asnt District 1: Tbi Planning Board herein approve* the Special Peimit riquested by'•UM*C, Inc., submitted. November 13, 199;.•The,Planning Board ! ' ps following findings regarding this Special Permit_for a 64 Davelopaant District (PDD) as required by Sections 10.3 Pl 10 31 of the North Andbvor Zoning Bylaw. , )1. The apse We site is #n appropriate location for such a use, .4 structure or conditions B. The use a■ developed will not adversely affect the ' neighboarhoodi } C. There will be no nuisance or sarcous hazard ti vehicles or padvatrianst D. Adequate and appropriate facilities will be provided for'the proper operation of the proposed ussi T la 'rhe Planning Board finds that the,use is in harmony with the general purpose and intent of this Bylaw. , ' '. ii* Planning Board also makes these findings- under Section 11. Of the-Worth Andcvas Zoninq Bylaw that this pDD 11. Does not detract from•the livability and' aesthat�c y, qualities of-the environment. S. is consistent-with the-objectives of the'8oning Bylaw) }, C. Promotes a acre efficient use of land while protecting ; natural resources, such as water resources, •wetlands, ;+ flood plains, and wildlife. � '• D. Promotes•diverse housing tt.a variety of coati. ; S. ! 19. CO stains' ingress and *grass for traffic 'flow that is -designed properly so *that there will be no serious hazard to vehicles or pedestrians. !. Contains adequate structure in the dovol pn ntaoilitier fo; each use and G. Is designed so that major facilitiaw."d &notions are- s.' visually compatible with the characteristics. natural and ¢iatorical ' H. will not• adversely affect the natural environment to the ditrivont of co=Mity•character and public health .and safety:. : ' • ; • Finally, the Planning Board finds that thi•PDD complies with.Town �, .. ". i.i'';• . . ` •' ��1. ; � .� ' -' `' ''' ' . �%+Sti�G.:+r.Yo�'iCi4Ni;rSF�eai.�l3�kr..Y'~ 'i'''^ • ' 393675 .J 224 , . Bylaw rsggiremants'so long as the following additional condition are not: i. The required open spaces shall be conveyed to the Conservation Comuission or to a non-profit consetvation organization, or to a corporation or trust representing persons responsible for the PDD, and shall be protected by a conservation restriction as required by G.L. Chapter 40A, + Section 9, for common open space in cluster developments.. The conveyance documents will be provided to the Planning Staff for review prior to the recording of the special Permit, • i 2. The applicant shall comply with all North Andover Department of Public Works Rules and Regulations. 3. Any action by anothet Town Board which requires changes in the 'roadway alignment, placement of, any easements or utilities, drainage facilities, grading or no cut linen, may subject this decision to modification by the Planning Board. 4. The property owner shall-use the "propbsed right of way" as i 4 shown on the Plans titled: Site Layout, Date Issued: Nov. f ' 13, 1992, Revisionss Nov. 30, 1992, Prepared By: Henry .. Schadler Assbciates, 5 Waterville Rd, Farmington, CT b6032 + (hereinafter "Plan") for ingress -and egress to the site. ti The Property owner shall continue to usa this right of way as it may be modified over the Brickstone property, so- ' called, in the future to access directly the Sutton property, } connector, once it is constructed. i 5. All lighting within the site.and the right of way shall be + 9 as shown on the Plan and shall be consistent with existing `• lighting on site. q I. All new signs shall be approved by the Town Planner and must ,z have• a sign permit as required by Section 6 of the Bylaw. I 7. The Planning Board approves, at a minimum, 281 parking ? spaces as shown *on the Plan: The Planning Board finds this number of spaces, although minimal, to be adequate, for the project as approved. Twenty spaces will be designated and ] marked for visitor parking. The applicant must provide. for 1 handicapped spaces as required by applicable state and f federal rules and regulations. 8. The water installations must conform to 310 CMR 22:22 regarding cross-connections. Plans showing proposed installation of back flow prevention devices at 'such cross- sections must be submitted to D.E.P. for review and approval. These installations must be approved by the plumbing inspector. s ��. ,-•'°r.,:u..:,r ._+�sL-'aaiGiai'7widtlSG' ''=ui -- -=- - ��: :_.i_'.er-wn3'•ir:i' — the applicant shall adhere to thw following requirements - : the Department of public Works: AG The applicant will connect.-the new water main on t;}s f, oagood Mill,site•to thi recently 'installed water Xairi ' on the Horth Andover Mills property. All unmetered ori site water mains to be used: for domestic purposas ale to be abandouad. b. Tha.'sewaga pumping station and collaetiob system shodld be inspected and.tested to determine conformity, to the appropriate regulations and specifications -of F. Division of Public works. A sever connection ��er � must be produced from the Division of Water.Poliution Control of _ the -Massachusetts Department Environmantal• Protection if necessary.' O. The. existing* pump station adjacent'- to th¢ office building will be•deeolished. The applicant will inatgll I�' ;• an -individual g*rindai-ejector ppup.to the lift station u at the courtyard location. $he applicant shall adhere to'the following rsquiremakk of `• the lire Departments' a. The 'Tire Department- Haat be contacted prior to' the installation.of•any undergraund.tanks. f' b. Copies of the completion certificates for asbestos r stateev41 Mat be forwarded to•the. fire department. o. -The automatic firs sprinkler systems is required to ,U* finished. The Tire Dspirtment' will work with tha. 1 aprinkier.contractor to modify existing but .partially built syatam to tamely with applicable firs safety. codes. <<• 1. all the instpliationg must be inspected and a tested to sea it the flow a will be adequate. ' ' f' Ii. the connection for- the sprinkler cystoma { protecting the units and adjacent hnllwhyys shall be corrected by the removal of thi 6, separate, sprinkler shutoff so that iher� is `•• _' orisyy one shut off for both the domestic and 'Y ' r;' .. eprinkler''water. iii. the sprinkler contractor shall "viiw the , A entire sprinkler protection system with the- fire chief prior to the start of any work on Uy extiting or new,systam .. d. The dry sirs bydrant is to be. maintained by the ' • party yrs. It must be tested . by the -fire ' r�.•...•'•'+.'+•."d�ti'•"-• '�S._..'1�\'Zl•- s��..i .'as3.a1 `�... :i. ..�. $ K'S 875 226 dspartaent and repair6d by the property owners. a e. The automatic sprinkler system used to storage area on the lower floors must be installedtin ' accordance with applicable• fire safety codes et the ! direction-of the fire department. f. Eire department connections are required an thr standpipe systems. These standpipes Must be installed In accordance with. the applicable fire safety codes.- The fire department will work in conjunction with the i standpipe contractor to incurs that the proper adapters i and threads are installed on these devices. q. The fire sprinkler system in the stone maintenance building must be maintained by the property owner. Any I change in use of the building from maintenance to another use must be reviewed by the fire department. b. the existing fire alarm box, located on the old mill • must be removed. A new fire alarm box and remote annunciator shell wag installed-at the far right corner of the existing old mill. This fire alarm box and i ! remote annunciator chal•1 service all the fire alarm devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. .i. The- fire alarm system components- that have been Installed must be inspected and tested. :1 j. A fire alarm. system must be installed with the ' following equipments I. hard-wired smoke detectors in common' areas and < < hallways tied to the fire alarm central panel and f zone indicator; ii. -each unit will have smoke detectors as rkquired but will be only for that unit and not connected to the- central panel; iii. a double action pull station shall be installed within 6 feet of every exterior door from common areas;' iv. an exterior indicator light shall be placed on the corner of each section of the buildings (4 in total), visible from the courtyard to give fire apparatus the location of the problem as described on the existing plans. k. A water flow alarm for each sprinkler system shall be installed. These alarms will not activate• the master • •1 r i BH$675 fire'alars box. T1ss system•pi^otecting the storage areas. i shell htivi-• its wpb�a switch. 'connected to..the Main control ipthe ai -t e act i et oxo! that'now swxtah will Ill . prior to a Cirtilicate of occupancy being isiusde a. Bonds, in the lora of a passbook or Tri-part i an amount• to be datermined the a plant , . s•. by . aeuWiing i AepBe;tmmt,. shall• be posted to ensure construction r and/or eompietion of the right, of way aorors:'the t Hriokston�• Propexty of shown on the record pians. b. The applicant- is 'to provide a. final as-built when construction is completed to In approved by the Department of Public Works and the Town planner. 19. Prior to a.Certificate o! Occupancy . being issued for' the last Of the five is) new buildings, the property owner must construct .ons additional elevator as. shown On the building-pians. t 13. The applicant must coapiy with, all NaboachuBetts stati building codes end obtain all peraits slid approvals as' required•from the.Builping'DeparEdent. 14. There shali•'be no burying or dumping of construction material on the site. M The contractor shall' contact Dig Sets at least 72 hours Prior to commencing any excavation. 1d. Gas, telephone, Cable and Electric. Utilities shall be ihatallad of specified by the respective utility companies. l 17: Any planta, trees or shrubs that have been incorporated into i the landscape plan approved in this decision.that die within �.: one year from the-time of planting shall be replaced by Ehe r applicant. ;•'. l0. Any demolition of structures and clearing of material shall ' • be as shown on the Pian. f`. 19'.• The Main Street access to the property shall'be a one way i only ingress. The access to the property from,High street shall be'both an *Vows .and ingress across the r ht of w4Y r' as described on the Plan.+nd gi relsksnasd in Condd tion F'4. 20. The onaway access lrosi!fain,street•to the property Is .to be. maintained by the owner. '( 21.. An change in uie or the stone maintenance building Sr" saint annnoe' to •ii another use ub 's �sce: to Ehe•review Of Planning Board. •� �•.? .k�.Vktiao:¢cwsa.•�, .Ls,rxo0a,,,uo•1�;:.,.•.a:✓Lti r•'—•-f,-..a';�`�Cvir.�:o�w:�i.�iiicd`..�tJ:�Gt�::"• "_ -��' _ . 1 _77 DR3675 I ! 22. The construction of the- interior of the building shall bs under the supervision of the Building inspector. i 23. All construction shall commence within two (2) years from the date of this approval and shall be completed within five i (5) years from the date of this approval. Completion to be December 22, 1997. 24. The provisions of this conditional approval shall apply to ! and be binding upon the applicant, its employees and all successors and assigns in interest or control. 23. The decision:lowing pians shall be considered an part of this Plans Entitled: Osgood Hill North Andover, MA Prepared by: Anderson-Nichols, Boston, MA Scale: .1/8" - 1'-0" Dated., April 6, 1987 Sheets C1-Ce - Civil Sheets D1-DlO - Demclotion Sheets AO-A23 - Architectural Sheets 91-S9 - Structural t Sheets P1-P6 - Plumbing Sheets M1-M7 - Mechanical 1 Dated: 3/17/87 Revised: 4/1/87 =t Sheets E1-E12 - Electrical A. Plans Eptitleds The Osgood !till, North Andover, MA Prepared bye Matarazzo Design i 9 Hills Avenue Concord N.V. 03301 ' 1" - 30' • Scales � Dated: August 5, 1987 !i Sheets: 1 -.5 Dated: November 11, 1967 Sheetar 1 - 2 is Revised by the following plans: ! r Plans Entitled: site Layout Sutton Condominiums tt j North Andover, MA i. Prepared bye Neniy Schadler Associates, P.C. 5 Waterville Road Farmington, CT 06032 i t Dated: November 13, 1992, . Revised: November 30, 1992 . 1 S • t. rLiiil�+ 1 893675 scales .F�::. 1rha,•jo+ ;'. . Haile site Devrlopunt Plan' r�passl! for RECOLL X nagemant Corporation so8les a*.• Poi }.• Dates August 19l7 -Plans ghtitleds Planting Plan • Sutton Pond.Condom43Diuss Horth Andover. M& Prepared bys genre Bchadler i • Dated] November 17, 1992 PAvised: ltavelbar 30, 199 8oelas V 409 ! .�• "oci .liiras:tor.o!PuA1ic Works• .: giilding Inspector. conservation Administrator Health Agent Assessors Police Chief* }, Firi.Chiel. . Applicant 8nginaar • ' •' lite , C� • ..U{.II]{4/d+Mtl'L({�•f1LUJtiJrit,l�' '�r•yyYY••.•.. •'C �'--7i{�Mi;.M`aTY :\:t tel, r S.i y 1 t BK3g7b 230� •' � ' (//��� ' �,i��� 1 trams Qf `�• t ifs Otto :1� Q NMS Toa- Vorth Kndnve. + 6 dAwntaclteaam _ ��� +�,� Elm Mll R.ei.p Tcust 1 +; a7 Ossood 1111.1 4aodonibittms Order of Conditions Massachusetts Wetlands Protection Act CLL I~131,140 and under the Tmets of North Andover's WatLnda 3ylav, Chapter 176 hell; 1tR� ANDUVER toNs£ItV�TI���otSsroy ' �. To Ei 1ii T R.ni�v *«.l=am IIRDAC T" ./- aaeallMAneez•er (Name Of Apolrentlt) iNune d orob&Ry owner{ 853 Turnpike Street 28 State Street Atltlsa North Anrth AnhdoveryfiA 1865 ' ?hHOtaet+3ri7YtlltaAtlaetivKetl9r10tfawt: Q,�i r T tiYnanaaebvfryteaa�ticantornarar<nwweon �' 11uu1 ' G toy c rnllad mud.rewnuecatd reaue3lea tut (=to) T1eiDt"IsdAtoCatftlil 166 Ela Street .� Theoraoartvisroc=ldattheSags"d Deeds North - � •mow 1 90- 'o9e aapr 1 Csrrt:lcarf lm nC�nad � � . TbeNotrrSotlmfnitat mtaorWsetwaaOtt aA December.4•. 1902 Boat*1 f TM o oft flex"wo1 Cased an n !Q&1q iFlnoinga ' The SACC has M"weo Me above•retanrtced Noticed .{ totem ane Own inc Ant natb A netra%on me Vis=,Save" r111a+rd0trcatrontveaio:e to the i5 NACr at"n tens.MR� Ma onam+tns"ltat . tnf area bm wnw'9 the"too"Ito w"fk Is to be tlt1A2 A vgftdtc=to tns 1090VAn x11e1evri ut&=:?"iota won the Presurmoom d Stpndtcanaa Sol am to Ins requtsttbns ter eacrt Area St&mict to Pmte-t:on UAOU the . Atj1C:ecKasaL'SrOtFttte1: Cb.1782ft Praysntioa of aroaion and sedimentation Floe"e"ttttnl [3 Lano ctnumnq 3116110th pupGe.water sumly �' FsAenes ' Prtvale water suCofy storm aameps emef11ton Peon d wildlife tta m Ground water suopty Prevenoan d DOW.. 171i�] Recreation 1St. 178 Wildlife Sw��e_,_a Tofu Rang Fee Si:n+tlUtd �398,0�-= (y;tea to excess c:Z2511 GtvtTown Share ( Portron S State Porton S Toto ReIt1Ad OUR S CdYTOWIt{th total► • f ' 1 1 . ••t 9 -ar.--ntur.-.•�•••-;vans•- ..-.".-!^:•�::n-"r-r-.. B$9 6 7 5 , "' , " � 231 .- • . therefore, the North Andover Cgpsorvation Coan"sioA (hereafter the "NJ1CC") hereby finds that thi fal4owing conditions are ' heceesiry, in accordance with the performince Standards pet forth �. in the'state Itequlettions, •thd,local ByLew and Regulations, to �irotaet thpae Snterests noted above. The MCC-orders that all , Work*-shall•be paitarmed in accordance witlilaid conditians•and With the Notice of Intrnt refdreneed above. To the extint tont the following conditions modify ordif• •r froa.the plans, j opacifications or, other',proposais =. tted with the-*itice.of Intent, the conditions shall control. i. failure to comply with.ill conditions stated herein, and with all related statutes and other regulatory.measures, shall be dsembd cause to revoko.or modify this Order. 3. -This Order does not grant any'prop�rtY rights or any ixclusiva privileges! _it dols not authoriise any injury-to P' i 4to pr pertY.or invasion ofprivate rights., 9. This order dogs not relieve the psrmittes or any-other person bf the necessity o! complying with all.ather applicable federal, . state or local:statutes, o inapcss, by-laws or regulations. 'The vork authorized hereunder shall be completed within three years from thr date at this-order... 3. Thin-ardor-say be•extinded by the issuing authority for ons at more periods of up to one yier each upon application-to the issuing-authority at liaet Io,days prier to the expiration date• of the Order. 6. !there the bapartamnt of Environmontal Protection is requested: to make a.dateraination and to issue a superseding Order, the Conservation Commission shall be a party to,all agency ' ' proceedings and hearings betotre.tho Devotta int'• i 7. The proposed work includes-construction of parking and recreation areas on an existing site. a. The work shall'contorm to the following (except as noted in the remainder of this document where revisions way ba.kvquiredt (a) Notice of Intent filed by Sim Mill Realty Trust. .•(b)•Plans prepared by.William Boucher revised 11/10/42: . 4. The following watland'resairee'arsa'is affected by the proposed trprkt bordering land'subject'to flooding, bu!!ir sone.. The resource areas are significant to the interests of the Act and Town itylaw noted above. This resource arta is also • ._ .sIMYFhit:•ti:.F»lii:.ud.;,� t .t'••. �.. i.. , • ' ' � �itSL'elia.SlJ.ukJF:h'3+i,,,�i<•' .. , x$8675 • '� .. . 2 #242-0 Osgood 11111 Condominiums 3 .� significant to the recreational and wildlife interests of the ; Bylaw. The applicant has not attempted to overcome the yresumption of significance of these reacurce areas to the identified interests. lo. The HACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated revised 11/30/92. ' 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 1 12. The conditions of this decision shall apply to, and be 1 binding upon, the applicant, owner, its employees and all ..successors and assigns in interest or control. 13. The NACC finds that the intensive use of the upland areas ant • buffer zone proposed on this.site to construct parking and recreation areas will cause further alteration of the wetland resource areas. in order to prevent any alteration of wetland ; resource areas beyond those proposed in the Notice of intent and ' approved herein, a twenty-five (25) foot no-disturbance zona and t a fifty (50) foot no-construction zone shall be established from 9 the edge oL the adjacent bordering vegetated wetlands. No t disturbadce of existing grade, soils or vegetation•Is permitted j in the no-disturbance zone, except for the parking area and , building to the right. (See Appendix 5 of the local Regulations). } 14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a •' Certificate of compliance is issued, that the oil/gasoline traps in the latch basins be maintained. All catch basins shall be free *of all accumulated silt and debris before a compliance is ' issued and the owner or his/her agent shall so specify in the s ! request foj a Compliance. 15. This Order of Conditions is issued in additions to those issued under File No. 242-414. PRIOR TO MSMCTION 16. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such-an appeal has been filed, until all proceedings before the Department or Court have been completed. 17. -Price to or during construction the applicant shall obtain a Certificate of Compliance on file f242-414. 18. This Order shall be recorded by the applicant at the I ' ///'•tel .. '.' ( 893675233 . . `` ... .' 0i2=08 'Osgood Nill Condominiums 4 . t#Oidtsy of -Deeds =eG ata! a entail ixpiration of all e�ppa4L:- p4riede. No work shall.be undertaken until the Final Order.. 9 bt#en iecorded in the Registry.of.•Dsed4 or the Land Coutt fR; Me d edict in which the land is located;•within the chain of titte o tho affected property. In tqe Daae'ot recorded land, the ;.: p nein order shall also be•noted in the Regi'stsy's Grantor Indak - de* the name of the iawner of:the iand'upon which*the proppeDafd rk:ia to bd done. In the me of registered land,,the Final ' ode shall also be noted on the Land Cod t'Certificate of %tie toe gVn'ar of the land upon which the-proposad work is to. s : dpnei , The recording,information shall be aubmittid to.,thi 09%q Ahclover conservation Commission on the forst at the-en¢ a thio, Okdor prior to eommeneasegt of the work. 14. A sign shall-be displayed at the site not less than two i. # s� are feet or-more thein three squw. e ;ant In site.baari • words, eisaasach settbuDePart:ent ol.E»vironaaital Pao oq, . FLU.Humbek 742- 26. Any chenges •in the submitted plans caused by the applicant, ahother Board's decision or resulting•lrom this order of Cbn'$itions must be submitted to theNACC, for approval prior to Aplementation. I•f the VACC t4nds said ohangbs tQ be significant, the NACC will pall-for another public hearing (at t , .expense of the applioapt). Within 21 Oka of the clo4o of sail public hearing'the NACC will issue an amended or n4v order of conditions.' Any errors Mod in.thojlans or intormatiop e abbbtitted by the-applicant'shall be;considered as charges. The ptoposgd project may be still under review by'other local OF state boards or agencies. This may result in changes to the prg2ject plans or•vetland impacts. If any such changes ocapr a revised plan and an explanation e! -the revisions shall be abbsitted to the•NACC for riviow and approval prior to the strt construction. No work begin a project until written - sorovai has been granted by-the NA� . 3'. 21. The applicant shall contact the Conservation office prior to t i siti preparation or construction and shall arrange an on-site n! encs with NACC re reaentative• the•ebntraeta r and the i d0 er � p r dpplicant to ensure that all of the Conditions of this Order are =?' undirstood. This Order also #411 bo:zadi a part o! the :. b"traetor's written contract. The • . applicant or contractorshall ' tiotSly the NACC'in writingof the idegqtity of the on-site :. aon�struotion supervisor hired to.coordinate aonstruption and to . . ensure compliance with this order. A2. The applicant shall subpit'a'construction sehedule/oaquenoe to the MCC detailing the proposed.saquonce of work on-sits to complete this project. 23. Wetland flagging shall be chacked' prior'to start of '• eobstruatioin and shall be rs-istablishad where missing to that T. • �` .. ,�.• r '. ''A:r',W'.ii. riy�.. F .�.. .!' t•.� Ir � •;;;ya;'S`t. 1_..3_F. •:r .... ' BR3675 t 234 I }=42- Osgood hill CMAGsiinivas e erosion control measurgs can bs properly plaesd and wetland impacts can be monitored. 24. A row of staked hay bales backed by a siltation fence shall be placed.betwesn all construction areas and wetlands. The erosion control barrierwill be properly installed and placed as shown on plan and shall be inspected and approved by.the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection ; I measures found necessary during construction shall be implemented at the direction of the NACC. 25. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of fifty (50) hay and sufficient stakes for staking these bales (or an __.bales 9 equivalent amount of silt -fence). Said bales shall be used only for the control of emergency erosion problems, and shall not be • used for the normal control of erosion. 26. A proper bond or a deposit of money running to the-Town of . North Andover shall be provided in the amount,of $5,000.00 Which =� shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North ,.. Andover Town Treasurer before commencement of work. laid bond or P .2 deposit of money shall be eonditioned.on the completion of all ; conditions hereof, shall be signed by a party or parties i satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the NACC, has been made for performance of any j L conditions which are of continuing nature. The applicant may propose a bond release schedule keyed to completion of specific •� portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. :t MING CMTRUCTION 1 27. Upon beginning work, the applicant shall submit written progress reports every one (1) month detailing what work has been done in or near resburcb areas, and what work is anticipated to be done over the next period. This will update the construction i sequence. 28. AMY fill uded in connection with this project shall be clean fill,_containing no trash, refuse rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or e parts of an of the forgoing. 29. No exposed area shall remain unfinished for more 'than thirty (70) days, unless approved by the NACC. a s-+:x]F'o�t-•lt.'^-,Wd::�' ;pR...v,..._•yq.Y•11,Pr,�.�.y7..�7 • ' . . • .' • • • •.. 235 .. f2i2-64'b Snood is Cod + 3d. No regrading in the buffer tons shall have a 4l;Dp0 stsopIW� ' tAn 2A (horizontaiivortical)s• Slopes or steeper grado shall 1e rid-rspj%d.to provide peiaansnt stabilisation'. . wiTheile shall.be•ne stockpiling*of $oil or Other materials thin 1Wenty-tivr (2s) feat of onY resource area. 3i. Noe1ji-kgs from*tcnarate trucks, or surplus•concrete, shall not bl directed to? any drainage system or Wetland'resourci axsa.•. >;. All waists generated by, or associated;with, the constructtion tivity'Chale be contained within the catwtsvction area, and. Jkay fibs any wetland resouras.area. There shall be- no'burying- df spsgt construciign materials or disposal of wast e.on the site , .�,lik any':other meati. The applicant shall maintain•dumpsters (or other suitable means) at the site for the'storhge and removal -of such spent- construction materiais'oft-.pite. 34. Aceepted engineering and construction standards and. procedures shall be folloked in'the ccmplaticn of the project. 215. Members of 'thi NACC or its agent shall have the right to enter upon and inspect the premises.to eveluets and/or effect Compliance vith this order of Conditions.• The 11ACC•ressr"s the right,to requi'ro, following field inapsction,••additional inforsation or'rssciirce protection measures. 36. qurinq'and•after work on this prol'pat, there'shall be no discharge or spillage of fuel, or other pollutants-into any itetland resource area. . =f-there is a spill or diechfirge of any pollutant during any•phasa oi construction the NACC shall be notified by the applicant-within one (1) busiiiias day. No construction vehicles are to be stored within loo feat of wetland: . resource areas, and no.vehicle refuaiing,.equipment lubrication,. or maintenance is to-be done within 100 font at a•resource arae. '37. No underground storage at...'. ` fuel oils shall be allowed.at any -lot withit ens-hundred (loo) foot o! any watland reaquroa sFea •, . Tp is Condition shall-survive this order of Conditions and shall run with the title ofthe property. This condition is issued 3 ..under the authority'o! the Tova's'Natland protection SyLay. • 38. Fartilisers utilized*for lanascapin9 and lawn care shall be. organic and. content,low-nitrogenontent, and shall be used in P Sodaratian. pesticides and herbicides shall not bs used within tit loo feat of a wetland•resour" arae. This condition is issued • under the authority of the Town's Wetland protection f;y;.aw. BH8675 ' • 236 ,• ... ... `, ; 1-242-03 95good ULU CoadoxiMuss 39. upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by lostming and seeding according to SCS standards. It the latter �{ course is chosen, stabilization will be considered complete once �I vegetative cover has been achieved. 1 �•• 1 4o. Upon completion of the project, the applicant shall submit 4 [' letter.to the NACC from a Registered Professional Civil Engineer I or Land Surveyor certifying compliance with this order of Conditions and the approved plans referenced herein (or approved !I revisions). A stamped "As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall. be submitted when a Certificate of compliance to requested. Th$s plan will include; a. "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland. b. "An-Built" elevations and grades of all • filled or altered wetland resource areal. c: Distances from structures to wetlands. d. A line showing the limit of work. "work" includes f any disturbance of sails or vegetation. 41. The following special conditions shall survive the issuance of a Certificate of Complianc*o for this projects ! 14. Maintenance of catch basins. 36:-Discharge or spillage of pollutants. 37. Prohibition of storage of fuels underground. 3b. Limitations on the use of fertilizers, herbicides and pesticides. ..,r•.S.'- pi 1 $'—"Yid•.i 4 iYJYYAr �Ir'�'1f*•�ir.Y1-iWYfi�O 1 1•• `YW►d0 _ ...�14... - 1 • BH887B �. 1"Uld North Andover y TfbOrtltlmWtbt$b MdbYAM O"Gltlwc& aVttWnCm=mlWL - on this •,. rP ASdty of aMbnoaradaw«L ' G"E9f Pll.r�s tome kn*wn to o.the Perm dUcfttdMzn who rieMedthiforapoMgkmVwIMatd-mcWwnrW.d WftINnMlstevttd �. the same a hWherfree aelenddeed• Notary Pifl fa my canrt slon exokse TMa�aaran�lMewMciilw�a+i9P^evedbtv*o r,+,ry' mobs au+s awgrfMn+a sofmlerawinaw*ft*m*via AnuliwMo"reNN"rrwny+rn�„�NMOtoan.wwtl ' l�r+.,yt»md,'►nusre�+w++w•wowsis+a near,snresrq r,.wsuwr K rtws y eu+ase e+Ms+wa ewmy N rN Oeea�y.ras,. . . - h I ' wtlnertppndroirlM:ww/wbvrnaa�iemlatipM6r�a210GtlIWA7f11•�rw+ujsernrrrarrrrlrrumm • i . .Orrnrauaee�Ainpyderrw�irr+�iSymrarKaaarwl�eawealewrewwhrraCrwrriraCrmrsa - . It you.WI h to appeal this decision tinder the 2ovn Bylsv, a eeap"t ewse bi tiled in Superior Court. 901406ader"geremtrvm*jrtta''North Andaver Cnneervarinn.C=, ' • .. eRoe N pmMneHw♦n!N wi •/"'�� };• ` ri Bnrrh InAnwr Cnne• v.rww Pw-.��ra�ify gyy�p�yp�y,H /lw+ares.arianeOeoaNCa�armawrrrw4aa•• e•st�d wl�� r waw•.4.,r..., 262-648 iu+wrrt��eomaeumsMpialrN ^••"`. aeiTrr,.. orr•- s+a •, •' naweae:»e�nirarnawa.,s,M.eaarroo.nyaaeraerK..++t�warG.+otane� ►sem, • e risiiose wie.s+r nsnriww arrow�rurs4 m esiurown� - _ . •• .• .7N*W*Q!mL vanranwwnwrwrrtnwe,rrsearsnwaoea .. -sj�•z.'isc;}f%� '� •• '',;;•{e�ir ti 1 ai, s ••'�•'x •. .�::' - •.j.: •.y•; - COA1MONNVEAI.TH OF MASSACIIUSETTS ESSEX, ss. SUPERIOR COURT CIVIL NO. 99-01960 GREGORY P. SMITH & others' V. SUTTON POND CONDOMINIUM TRUST fR-ULINGS AND-ORDER N--AIIOTION-fie' TO ENFORCE SETTLENJENT AGREEMFNT7 The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Esquire, submitted to the Court on July 12, 2004 in cori-lection with this matter. It is•hereby ORDERED that..\ .ith respect to section 2(d); access'tW Building A shall be.reasonable. Neither party to the Settlement Agrcemcnt.shall attempt to use thi's_Agreement.to'impede of enlarge reasonable access to Building Aj /-J c CAld Patrick J. Riley Justice of the Superior Court DATED: August 4, 2004 ' Linda M. Van De Coorde, Individual-]y and as Trustee of the Stone Mill Realty Trust. C' -nmonwealth of Massachuse' County of Essex The Superior Court CIVIL DOCKET#: ESCV1999-01960-B RE: Vandevoore/Indv'ly et al v Sutton Pond Condo Trust TO: Charles A Perkins Jr, Esquire Perkins & Associates (Charles A) 73 Princeton Street Suite 306 N Chelmsford, MA 01863-1558 f4OTICE_OF-DOCKET ENTRY/ You are hereby notified that on 08/04/2004 the following entry was made on the above referenced docket: RULINGS AND ORDER on Motion to Enforce Setttlement Agreement. The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Edquire, submitted to the Court on July 12, 2004 in connection with this matter. It is hereby ORDERED that with respect to section 2(d), access to Building A shall be reasonable. Neither party to the Settlement Agreement shall attempt to use this Agreement to impede or enlarge reasonable access to Building A. Patrick J. Riley, (Justice) Copies of Ruling and Order, mailed on 8/4/2004 Dated at Salem, Massachusetts this 4th day of August, 2004,' Thomas H. Dri'coil Jr., Clerk of the Courts BY: JoDee Doyle - Sheila Gaudette Assistant Clerk Telephone: (978) 462-4474 cvd9enenc_2 wpd 490525 order hinchion e;". rZc.)0KING GNG S E aep ESy�yr+s ,�' � ��.�e � �y E�.� "'•- ax, ,y x g s ;tib Livingston Street e. ��rtr1E, lei'€A 01852 978-452-7750 Fax: 978-459-0770 �n TV 01 c, 7. �_ —--F311(1ric�Address JeryICC• C1CtrE'bs ! I SUTTON POND SUTTON PONT) /O 1 ST RCALTY MANAGEM ENT CORP 148 MAIN ST i .l 51 TREMON'T'ST UNIT#1 NORTH ANDOVER,MA 01845 BOS'T'ON, MA 021 1 1 Phone: (617)42:3-7000 Fax: (61 6)423-6737 FAX - !):ut Dale C u�t;ar Slt�1t Date Clerk Terms anvoicea/ F?_gc�_� W 5 SUT148MAIN 9819 2/0%2015 JC` NET30 A-82558 DESCKIPTIfJN f;AT} :QTY fAX T11 i ACJC7l IvT 5000 GALLON PUMP TRUCK 175.00 2 350.00 SLIP 85065 DISPOSAL IN LOWLLL 100.00 t 100 00 .:'. 5L,11'85065 —' otal 4S0 00 VISIT IJ .A1' 9�V ? .A�-��f31�iI TIdGSET �I( FEB 1.7 2015 Please detach here and return the bottom portion with your payment. r.ro.rn: SUTTON POND C/0 1ST REALTY MANAGEMENT CORP 151 TREMONT ST.UNIT 91 A-82558� BOS'T'ON,MA 021 1 1 Total Ple Tax /150.00 Total fdx 0_00 1 Iwjoico Total 450.0() t'aldrit 0.00 MiJ' nt Amt 0.00 Ta ACTION KING SERVICES BAn Y X54?£1 26 Livingston Street Lowell,MA 01852 .All invoices more than 30 days old are charged a late icc o1:'1.5%per month or 18%per years }:.its - c�y3` Street Isvi;. t?552 €xd: C)'78-452-7750 in;{. 978-45 19-0 /0 I77-7 .7rJlri11,19 Adds77 St rvu i'A�icueu Way 1`0111.) SUTTON .POND CIO I Sl" "EAL'rY 'MA.-NAGEMEW-1-CORI) 1 148 I\ A N ST i 51 1'R.1?M0NT'S'I-, i.lNI #1 NOiRTI-IA.NI)OVER, MA 0 184 5 "::.OSIT", MA 02111 Phone: (61 7)423-7000 Fax: (&17)4231737 PAX Dut Date C ust iL'' —irtn ir. Date Glerl< Term, ___—�_� Inve"" ��� i/I?/201 SiJI1 iSMAIN 9b 19 2/12/201 ( JC NLT;O I r�U60-------------------------- - -- -- ---- --. ........ Dt `�( �;IPTIUN.._.. -._ ... ----- -� _'.A...... _ .1 �)�.v __:? IAY.'%1 .>0,00(.:;A [,ON Pili/IP TRUCK 175.00 2 3:10.00 SLIP 90533 .)T:13 )SAL IN L.OWET,1., 100.00 1 100.00 SIAP 90533 _....__................_...____..._..._._.._.-_,_...._.._.,.._.._. .. _ ._ .._—.__..................._.._.._.__.._..__. __..._.. __..-•---_-__.__.___...................................._..... . ___... ..__.....__.._ _......_....._..._..._.._....... "DITIO`a'iC.\•?f1N PER 1 iOtJ1't 9500 =? i 90.0 SLIP 9053:3 ___._.._..._......._. ..._......_........_.___.............._.._.. Mal 64M) WSUF US N rr'JVrI�v�.l�r. I�1�lz�.t..CiT S;,t �� '.✓S.n ;yl°a�t �� 4r Please detach Stere and return Me bottom portion AM your payment. l i.ir'rt SUTTON POND (./O IST REALTY MAiNIAGEMENT CORT> .. --- r- 1.51 TRI.'MOND ST,uNI,T-ii 1 ���voace;tF BOSTON.MA 021 1 1 rTotal T.ie Teta .:- { G-?O.CO 1 otal Tax 0.00 — =— -= -- .... Pa7ct Ant 0.00 'I AdItlStij.S�,rSt Aitrt � i -- -•--- _-...0.(ib--` ACTION KANO SERVICES i ff .3H 26 Livingston Street Lo well,MA.01852. Ali.NvAul mom than 30 days old are charged a We The of'1.5%per naonTll or 1911 per years I ACTION KING SERVICES 26 Livingston Street Lowell, MA 01852 � Ph: 979-452-7750 Fax: 978-459-0770 Invoice (iflinq Address ervicc'Addres's v SUTTON POND SUTTON POND C/O 1ST REALTY MANAGEMENT CORP 148 MAIN ST 151 "1REMONT ST, UN IT#I NORTH ANDOVER,MA 01.845 BOSTON, MA 021 1 1 Phone: (617)423-7000 Fax: (617)423-6737 FAX Due Date Lust SftPt Qate 41erk Terms P 0 dk Invoige / page ' I/�1/2.015 SLIT148MAIN 9819 12/.22/2014 .JC' NLT30 � A-81902 _ Page I /J ,;` "` � DES`CRIPTION '.` i ;RATE 'C)TY ` ` TAX'%` TAX A1UiOUNT, t xlxzlzo I a CLEAN LIFT STATION 550.00 I SLIP 88646 550.00 CONFINED ENTRY BY STAFF �y1t i f 75.00 1 SLIP 886,16 aW, �! 75.00 CONFINED ENTRY EQUIPMENT `I�� 400.00 1__,._.___..._..___._........_,.....,,__.____._._._. SLIP 88646 400.00 DISPOSAL IN LOWELL 100.00 1 100.00 SLIP 88646 Site: SUTTON POND -c INIUM TRUST N-_ -�Totat 1,125.00 .Approved By Approved Date �r FRM Approved Date _ '�'ACA'IOIOrIIoTGSIJIt 6�TCI�S.COli/d GL #t - GL Names ' ACTION KING SERVICES 26 Livingston street Aid s...c+�lrryii, MA 012352 Pvh: 9'78-452-7750 Fax: 9723-459-0770 – � — _ l �� Yah _ E3illing Address SUTTON POND CONDOSS nUSD ASSOCIATES C/O FIRST REALTY MANAGEMENT 146 MAIN STREET 151 TREMONT ST/PENTHOUSE# I NORTH ANDOVER,MA 01845 _ BOSTON, MA 021 1] Phone:0 Fax: 0 Due Date (ust WIJOM �-- -- GSDASSOCIA 10757 1/1.5/2015 JCNE-130 A-82286 Page I( 1 DLSCRIPTIO;N777777777777 1/15/2015 5000 GALLON PUMP TRUCK STANDBY PER HOUR 175.00 2.5 437.50 SLIP 91095 DTSPOSAL IN LOWELL 100.00 1 100.00 SLIP 91095 ______....___._.___...,_...._.._..,_.,_.......-_........_._._._.._-__-_. Total 537.50 VISIT TJS AT" .V'4 W.A(-'TI )NKINGSERVi(ES.('OM Site: SUTTON PO .-C-NDOMINIUM TRUST Approved BY �`' �. Approved Dater FRM Approvedf Datew w q &- ���, J GL Name.;.. <. --- ,� �CTlC}0 NiIPVU btI, V\L^cZ, ` . Rent �� � �u�w�w � ��� 2& Livingston Street �l Lowell, MA 01852 m�o�frill i C4�� Ph: S78`452'7760 Fax: 978-459-0770 130S'FON. MA 02111 � � � Phone: (6/7)423-70OO Fax (617)/123-6737R\X Due JC 9819 C;!\LLOw p.JNpTnU(KS[xNIDBYP�KHOUR 175/00 z i ff".00 SuP90152�_ ----------- --------------------___-__-__-_ ...... � 17-.9/2015--- D)xpVSxl|Nl/]vYSLi |m}nO \ xm]X _SJp 901 � ________________________.______ Tom| Vl8%T8S &� NIUMTRU '�' SU/TON n"wP A prove By GL N me Please detach here and emmthe bottom portion with your payment. U�om| SUTTON., Cx) /SrREAL[Ym&wxGZwEHTC0nP --------- ij) TK8NONl ST UNTlTx| In Voice 14 BOSTOM.7NAOz||| [Total Tax 0.00 [-��l �C7|0� KiNGSEKY|CGS L'��� �--------- -� 26LivbiRgmnS/rmy Lowell.MAO|852 AUin,oiccomn,othan;O(lays Old are obul-edulate iluof|j%pc,monU1or }8%pr/years m- 'en t a _ i-i Street 0`852 0 e r V C a ll: 978-452-7750 Fax: 078-450-0770 _ In voic — Billing Address Service Address --- `� SUTTO-L POND SUTTON' POND _-- -� C'O IST REALTY N!A-..1\AGEA4EN I CORP I 148 A%4AJ\SSI- 1 j 1 TR EMONT ST. U1 NIT#1 0RTIA A N D 0% . '.. ':1..a 01,84-5 f BOS-I`ON, IMA 021 1 1 Phone: (617)423-7000 fax:(61'7),12J-673'1 VAX r Due Date Cu st!# Site# Date Clerk Terms P.O.# Invoice# Page 7/21/2015 SUT148MAIN 9819 1/22/2015 JC NE'1'30 A-82391 Pante l I `_— DESCRIDT-10I RA.Tr��. TA.X1�-iT1+Y. /�1,/i>U41"I 1177/7 t)I, +,� nn ,000 GALLON 1'LJ�'11' 112t1(,I\ 175.00 1.5 SLIP 8at1:?3 r/zz/ztI I s DISPOSAL IN LO W11"LL 100.00 1 100-00 SLIP 850-53 Total 362.50 VISIT IS AT WWW. � SER. Site:Th�� �) Sty S� Approved By Approved Date FRM Approved D -- FEB GL # GL Name Please detach here and return the bottom portion with your payment. 1=rom SUITON POND C/O LS'I-REAL7'�'MANAGLML'•N"('CORP 151 TRLMONT ST,UNIT#I Invoice 11 --_._.._. A-87.39.I BOSTON.MA 02111 Total Pre-Tax -- 362,50 J (Total Tax i 0.00 Invoice Total �______W '6;:'.-S0 Paid Ant 0.00 Adjustment Amt - 0.00 7o ACTION KING SERVICU..S Balance 26 Livingston Street - —— --— Lowell,MA 01857. All invoices more than 30 days old are charged a late fire of 1.5%per month or 1894,per years r W T ^ry "�tl ft�, iR A_.� y ,u-dlyc, t� �� �✓ s�f� �, , 0"Y Al r SC' wcca Ao�lrr'u° I STY170 N OINr~ Cor} , 148 MAIN S'l' I , ,JMA02 1 + r i................................._.. _...._....._-......___...-_ 000 F'ax: (6 17)/123-6 737 FAY 7,te t7a E Gli rk rt, r C I'l o ! SUITH81V,!AJ-N a31) :/19/>GI� ( JC i\l )t7 �- - --- -�- t .,.... ..__,..-,_.._.. ---- C)E ,Cfili' IUN 77 l l�„11 CITY, ,/1)t'%� f/;. AVEC1 r ' _._. ,y -- ....-. .'( . :•,tiir,}kJ'A!-L ON i'?.I,viP AP�Z8675 1-L5.oi7 _..,... _......p....... 867.5 91 0 0 : i tztsTl tt.;.i3(1, i Site: SUTTON P0 -��MlNlUM TRUST Approved By MAR 0 ZI Approved ®ate FRM Approved .ate GL # , Nat' _. lea e r3etat:hrrare and Izal:?/rn the ocrton{bY1101' Y1(F �tn) ._ . X12"rn;�tl;. CIC) IS:'RI:A-LT, MANAGIAVIf N'T CORI.= .i i i t F:iviC)N i t i�TT it I 6 Sl OOT.NA 6`2 11 �'i/star T'i T�� (i.I(3.00 I _. r O.w i 640.00 - i Paid Alrht , K i"i'!G SJE,RVICLl SJ')( , ?C> (.rv.ulg 1t): >treet _:... 1)'1852 F't�.i ,i.i'1p(rvC:S 11]0['0 t)lfll]_)lJ days Oki aue ct'-W!�e(1 a [ilte);e(? ir')U11_(I Ol' 1`0'(%p(9.l•Vfutr'S I iACA KJN KINU W=KVIL,C�� t; dia Rental 25 ILivingston Street Lo,vvell, B/IA 01852 tae,r v i c e, Pli:978-452-7750 Fax: 978-459-0770 0`9 C r Billing Address' Service,Address SILY17ON POND SUTTON POND :�f\'TCORP (:..'0 1 STREALTY I'vIANAOLML 148 MAIN ST 1 T R I T ST. (YiN 1 T"i I TDOVER,-MA 01845 jI --MON NORTH AN BOSTON, MA 02111 Phone:(617)423-7000 Fax:(617)/123.6737 FAX Cust P bate IF-,9 1 DESCRIPTION i!29a0 t 5 5000 GALLON IIIJINIP TR( (.'K.STANDBY PER HOUR 175.00 2 S1,11,90 152 S ............ POSAL IN LtWELL 100.00 1 10.00 )UP 9DI 52 .......... ........ .............. VISIT US AT WWWACTIONK NG'S.ERVIC.FS.001VI SUTTON NIUM TRUST Site: SU7TON Pmp- A rov pp Da AW)r01V te—, FP,iv,, ApPrOved 00e. GL# GL Name Please detach hero and return the bottom portion with your payment. SUTTON POND C/O ISTREALTY 151 TROVIONT ST.UTIT#1 Invoice it 9 BOSTON.NIA 02111 Total Pre-Tax .�0.0(j Total Tw., 0j)o invoice Total '450.00 Ad justment Amt a alw� LO ACTION K.1' G SLIWICES ...... 26 Liviigsion Sivem Lowell.TMA 0185.7. All invoices morc than 30 days Olt]al-C charged a late Iicc of 1.3%per 111011th Or IS%Per YOUS mentai ti i 10A 01852 PEI, ' .r.: "7U-452-7750 Fax: 978-459-0770 n vs) c e Billing Address j �erjice Address SUTTON'PO'ND SUTTON POND C.'0 0 IST REALTY MA_NAGENIEN f CORP 148,MAF_\\ ST I_;1 TREMOINT ST, UNIT 91 NORTH AND0V_-.R. %,tA 01.815 BOSTON,MA 02111 Phone-(617),123-7000 Pax: (617)X123-673'1 FAX Due Date Cusf# Site# Date G-lerk -Terms P.O.4 Invoice 11 Page 2/2.1/2015 - -[:— UTJ 4 8]VfArN 9819 1/22/2015 TC N1 E Paye t I I ' 7 X-JAMOUINO- CRIP' TION DGS T 'i22/2015 5000("ALLON I1U\M11 TRUCK 175.00 1.5 SLIP 85053 1/22/2015 DISPOSAL IN LOWELL 100.00 1 100.00 SLIP 95053 Total 362.50 VISIT US AT WWWACTIONKINGSERVICES.COM —I I Slte: Approved By Approveve d Date FRM Approved D FEB 3 2015 GL# GLName 7 Please detach here and return the bottom portion with your payment. j_Froln SUTTON POND CIO IS*1 II-EALI'l-'t'vLt,\IAGL,MEN'I'CORP 151 TREMONT ST.UNIT fi I BOSTON.MA 02111 Total Pre-Tax 362.50 j Total Tax Invoice Total 3621-50 Paid bnt 0.00 Adjustrn ent Anit 0.00 To ACTION KING SERVICES Ralance202207 26 Livingston Street Lowell,MA 01852 All invoices more than 30 days old are charged a late fee or 1.5%per month or 18%;per years Deems, Maura From: Rosemary Riccio <RRiccio@firstrealtymgt.com> Sent: Monday, March 09, 2015 12:43 PM To: Deems, Maura Subject: Sutton Pond Electrical Permit for pump station Attachments: UNited Compressor smith building proposal .PDF;Sutton Pond Letter Pump Repairs 2015-02-17.pdf Importance: High Please see attached and below From: Rosemary Riccio Sent: Monday, March 02, 2015 6:23 PM To: 'gabrown@townofnorthandover.com' Subject: Sutton Pond Electrical Permit for pump station F Importance: High Gerald, we spoke some time back with regards to the pump station located at 146 Main Street (Stone Mill Realty). The pipes in the pump shed froze and burst at the end of January and the Sutton Pond Condominium Association has been attempting to make the necessary repairs. Our first step was to have an electrician (Joe's Electrical) review the needed work to get the heating system operational in that area. He was subsequently turned away by the Electrical Inspector who required that Sutton Pond Condominium Association engage the services of an Engineer to review the plant before he would issue al electrical permit. Please see attached the report from the Engir �y, essor for these repairs. We are anxious to move.forward with these repairs as soon as possible. Please advise as to how we can now proceed on this matter Thank YouCA Rosemary Riccio, CMCA,AMS �52 Property Manager , First Realty Management Corp, AMO® vy� t 151 Tremont Street, PH, Boston, MA 021IJ © � } P: 617.423.7000 1 F: 617.423.6737 6A 't- rriccio@firstrealtymRt.com http://www.fi--� t� i February 17,2015 100�� United Compressor and Pump Services,Inc. 13 Delaware Drive Salem,NH 03079 Attention: Chris Poliquin,Sales/Service Manager RE: Sutton Pond Granite Building Pump Chamber Repairs Dear Chris: Thank you for arranging to meet with me last week to view the condition of the existing pump chamber serving the Granite Building located at 146 Main Street in North Andover(Project). As we understand the Project,the existing pumps have been installed in accordance with the requirements of an Arbitration Settlement Agreement which requires that Sutton Pond Condominiums maintain the pumping system' through April 2015. Because the shed was locked,Fall/Winter service,which includes starting the pump, shed heater, was not performed this year, leading to freezing and pipe rupture. In order to return the/ pumping system to operational status we recommend that the following repairs/upgrades be completed: 1. Replace the existing cracked/broken schedule 40 PVC discharge piping and valves with schedule 80 PVC. 2. Install a new vent at the wetwell cover. This vent should extend through the shed roof to provide passive venting of the wetwell. 3. Provide electric power to the existing exhaust fan and timer located on the shed wall to ensure that adequate air-changes are provided within the shed. 4. Install a heater to maintain adequate temperature within the shed to prevent freezing of the pipes and valves. Please feel free to contact me at(508)591-4330 if you have any questions. Very truly yours, Fay,Spoff & ornd' Kevin P.Klein,P.E.,Associate Copy To: Sutton Pond Condominium Association 246 Main Street,Unit 3 FAY, SPOFFORD & THORNDIKE Hyannis,MA 02602 T:5o8 815-2040 Offices in:Massachusetts,New Hampshire,Maine,Connecticut and New York T:800-83S-8666 www.fstinc.com QUOTE United Compressor EM MEME & Pump Services Inc. 2111/2015 0000037767 0000739 Sutton Pond Condominiums Granite Building C/O First Realty Management C/O Sutton Pond Condominiums 151 Trement St. 148 Main Street Boston, MA 02111 North Andover MA 1110140M VMSeOEM NET 30 Chris P e . e n "B' k ,• �Mi �� rr�' s 1.00 PIPING PVC PIPE, FITTINGS,VALVES, ETC. Schedule 80 2,223.05 2,223.05 16.00 Labor 110.00 1,760.00 CALL 603-552-5885 or Visit us on the web @ www.unitedcompressor.com TOTAL $3,983.05 a 05 02: 30p E P- z AMERICAN ARBITRATION ASSOCIATION Construedon Arbitration Tribunal In the Matter of the Arbitration between_ Rc: 11 110 E 01040 05 Gregory Smith,Trustee of5tatle Mill Realty Trust "Claimant" and Trustees,Sutton Pond Condo Trust "Respondents" AWARD OF ARBITRATOR 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties and dated December 01, 2003, and having been duly sworn, and having duly heard the proofs and allegations of the Parties,do hereby,FIND,as follows: 1. Claimant is found to have breached the Settlement Agreement entered by the Court in the case of"Gregory P. Smith and Linda M.Can do Voorde,individually and as Trustees of the;Stone Mill Realty Trust v_Su uon Pond Condominium Tnrst",Essex Superior Court,Civil Action Number 99-01960. In specific,Claimant has breached the Settlement Agreement by failing to allow Respondents to install a duplex sewer pump system with,an alarm system along with the construction of a shed to house the same_ The Arbitrator orders the purehasc and installation of two(2)Goulds non-clog sewer ejector ptmtps,Model 3883 BHF as detailed and specified in Respondents'Exhibit 29, installed in a"duplex"arrangement with centro s,alarms,electrics,piping and valves as required,engineered and designed to discharge to the municipal system in accordance with the Town's requirements and good engineering practice. The installation and operation of the system shall be certified by a Licensed Professional Engineer, — Commonwealth OfMOmachusetrs. The Arbitrator orders Respondents to enter Claimant's facilities and make any necessary changes to Claimant's electrical system to provide the necessary power for the new duplex sewage pumps,controls and alarms. Any power outages trust be at tho convenience of Claimant. The wet well is to be in accordance with manufacturer's recommendation State Plumbing Code and Title 5 Regulations The Arbitrator has determined,based on testimony,documents,exhibits and site inspection that Claimant's requested"grinder"pumps do not meet Claimant's concern for maintenance and operation. "Grjgder"pumps,given the discharge piping configuration,length,size and flow velocity could have effluent"fall-out',causing packing of the particulates in the discharge pipe,flow obstructions at bends,pipe redumrslinereasers and other general fittings. The non-clog pump(2"material discharge)would have a tendency to"move along",not packing within the system. "Grinder pumps"have known significant mairuenance costs related,particularly after the three-year Respondent's maintenance liability agreement, causing a significant burden on Claimant at a later date. The Arblttator fords that the pump shed,heated or otherwise,does not come under the Commonwealth of Massachusetts State Building Code 780 CMR and is ordered to be erected in compliance with.ali other requireutcrRts of the Town of North Andover. The pump shed sball have,as a minimum,heat, insulatio power ventilation upon opening of the access door,sufficient lighting for the pruxip maintenance and,a minimum 120 volt,20 amp outlet for � maintenance use. 2. Respondents are found to have breached the Settlement Agreement,as described in item t. a minimal loading/unloadingRespondents provided arca which Claimant shall have the right to use and failed to provide a suitable parking aria without obstruction of traffic now,loadinglunloading facilities,or fire lane interference. The Arbiltator observed that the closest surrounding panting areas are numbered and dedicated to the condominium residents_ Page 1 of 2 Received Time Oct• 18, 2:34PM S/E 'd—W9 'ON MH 6 :b 5006 '61 DO i S 05 02: :30p ENG I NI In the Matter of the Arbitration between Tee: 11 110,1301040 05 Gregory Smith,Trustee of Stone Mill Realty Trust "Claimanr and TtUstees,Sutton bond Condo Tmst "Respondents" AWARD OF ARBITRATOR The Arbitrator orders Respondents to create a parking slot within close proximity of dcsignation 2 as shown on Exhibit C,for pttrpose of parking n service vehicle for access to the rear of Claimant's building. 3. The Arbitrator finds no breach of the Settlement Agreement,as described in item I in regards to trash siting and removal. The Settlement Agreement does not designate a permanent location for the trash containers,but only designates an area for the short-term construction project. The Arbitrator orders Claimant to place the trash containers at his desired location without obstruction to the ingress of Respondents'property. All conditions regarding this issue in the Settlement Agreement remain in full affect 4. As testified to,.Claimant has failed on,at least one occurrence to adjust the lighting as required in paragraph 5 of the Settlement Agreement. The Arbitrator orders Claimant to provide due diligence in maintaining the operation time clock,specifically when there is a power outage and daylight savings time adjustments. The Arbitrator reiterates the findings of the Court in regards to the"Settlement Agreement", civil action number 99-01%0 and Claimant and Respondents to cooperate jointly,allow access Claimant's leased property to order for Respondents to effectuate the terms of this Order. All legal fees shall be the burden of the respective clietits. The administmive fees of the American Arbitration Association totaling 52,100,00 and the eompcttsation and expenses of the arbitrator totaling 5842.12 shall be borne by the patties equally. This Award is in full settlement of all claimsa e cl and count r arms submitted to this Arbitration. A11 claims not expressly granted hcrein are hereby,denied. nS Date J. Mr.kcllard A.Voltdn I,Mr.Richard A.Volkin,do hereby affirm upon trey oath as Arbitrator that I am the individual described in and who executed this instrument,which is my Award. �YAZ4Dave Richard A.Volkin Pago 2 of 2 Received Time Oct- 18. 2:34PM fmBOHsepPumping - --- System Pumped by dba Date Quantity Transferred Disposed at Type Comments Pumped Name Pumped (gallons) to Septic Tank Action-King 02/12/2015 1111 1 Lowell Waste Water Routine Enterprises,Inc. Treatment Plant Septic Tank Action-King 02/06/2015 500 Lowell Waste Water Routine Enterprises,Inc. Treatment Plant Septic Tank Action-King 01/29/2015 500 Lowell Waste Water Routine 148 main Enterprises,Inc. Treatment Plant Ist Septic Tank Action-King 01/22/2015 1511 Lowell Waste Water Routine 148 main Enterprises,Inc. Treatment Plant st Septic Tank Action-King 01/15/2015 1500 Lowell Waste Water Routine 146 main Enterprises,Inc. Treatment Plant st COI\ MONNVEAI.TH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL NO. 99-01960 GREGORY P. SMITH & others' v. SUTTON POND CONDOMINIUM TRUST 'RULINGS AND ORDER ON MOTION TO ENFORCE SETTLEMENT AGREEMENT The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement .Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Esquire, submitted to the Court on July 12, 2004 in con-rection with this matter. It is hereby ORDERED that with respect tosection 2(d), access to Building A shall be reasonable. Neither party to the Settlement Agreement shall attempt to use this Agreement to impede or enlarge reasonable access to Building A. >�{ Patrick J. Riley Justice of the Superior Court DATED: August 4, 2004 Linda M. Van De Coorde, Individual-ly and as Trustee of the Stone Mill Realty Trust. C' -nmonwoalth of Massachuse' County of Essex The Superior Court CIVIL DOCKET#: ESCV1999-01960-B RE: Vandevoore/Indv'ly et al v Sutton Pond Condo Trust T0: Charles A Perkins Jr, Esquire Perkins & Associates Charles A 73 Princeton Street Suite 306 N Chelmsford, MA 01863-1558 NOTICE OF DOCKET ENTRY' You are hereby notified that on 08/04/2004 the following entry was made on the above referenced docket: RULINGS AND ORDER on Motion to Enforce Setttlement Agreement. The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Edquire, submitted to the Court on July 12, 2004 in connection with this matter. It is hereby ORDERED that with respect to section 2(d), access to Building A shall be reasonable. Neither party to the Settlement Agreement shall attempt to use this Agreement to impede or enlarge reasonable access to Building A. Patrick J. Riley, (Justice) Copies of Ruling and Order, mailed on 8/4/2004 Dated at Salem, Massachusetts this 4th day of August, 2004. Thomas H. Driscoll Jr., Clerk of the Courts BY: JoDee Doyle - Sheila Gaudette Assistant Clerk Telephone: (978) 462-4474 I cvd9enenc_2 wpd 490525 oidei hinchion FS February 17,2015 100 O _ 0 United Compressor and Pump Services,Inc. 13 Delaware Drive Salem;NH 03079 Attention: Chris Poliquin,Sales/Service Manager RE: Sutton Pond Granite Building Pump Chamber Repairs Dear Chris: Thank you for arranging to meet with me last week to view the condition of the existing pump chamber serving the Granite Building located at 146 Main Street in North Andover(Project). As we understand the Project,the existing pumps have been installed in accordance with the requirements of an Arbitration Settlement Agreement which requires that Sutton Pond Condominiums maintain the pumping system through April 2015. Because the shed was locked,Fall/Winter service,which includes starting the pump shed heater, was not performed this year, leading to freezing and pipe rupture. In order to return the pumping system to operational status we recommend that the following repairs/upgrades be completed: 1. Replace the existing cracked/broken schedule 40 PVC discharge piping and valves with schedule 80 PVC. 2. Install a new vent at the wetwell cover. This vent should extend through the shed roof to provide passive venting of the wetwell. 3. Provide electric,power to the existing exhaust fan and timer located on the shed wall to ensure that adequate air-changes are provided within the shed. 4. Install a heater to maintain adequate temperature within the shed to prevent freezing of the pipes and valves. Please feel free to contact me at(508)591-4330 if you have any questions. Very truly yours, i Fay,Spo & orn ' Kevin P.Klein,P.E.,Associate + Copy To: Sutton Pond Condominium Association 146 Main Street,Unit 3 FAY, SPOFFORD & THORNDIKE Hyannis,MA 026o1 T:508 815-2040 Offices in:Massachusetts,New Hampshire,Maine,Connecticut and New York T:800-835-8666 www.fstinc.com QUOTE United compressor & Pump Services ince 211112015 0000037767 0000739 e � Sutton Pond Condominiums Granite Building CIO First Realty Management CIO Sutton Pond Condominiums 151 Trement St. 148 Main Street Boston, MA 02111 North Andover MA 0 e =NETChris P e 1.00 PIPING PVC PIPE, FITTINGS,VALVES, ETC. Schedule 80 2,223.05 2,223.05 16.00 Labor 110.00 1,760.00 CALL 603-552-5885 or Visit us on the web @ www.unitedcompressor.com TOTAL $3,983.05 Sawyer, Susan From: Sawyer, Susan Sent: Monday,April 27, 2015 5:13 PM To: Cheryl Piper(cpiper@firstrealtymgt.com) Subject: 146 Main St Good afternoon Cheryl, My Director is inquiring about the sanitation of the pump house. He noted on his visit(and I saw some as well)that the pervious pipe break had splattered septage on the walls. Could you provide me information regarding any cleaning that has been done on this area? Possibly a work summary or a bill for work done,such as pressure washing? As for the ground,to control any lingering odors, I would expect that the water from pressure washing and a little lime would address that issue. We have been in contact with DEP and look forward to having closure in the matter soon. Thank you, Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawver@townofnorthandover.com Web www.TownofNorthAndover.com 1 Visit us online at www.townofnorthandover.com Social Networks twitter.com/north_andover www.facebook.com/northandoverma z PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDIVIDUALS TELEPHONE(925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206-1710 FAX(603)782-4366 March 20,2015 Zoning Board of Appeals Town of North Andover 1600 Osgood Street Building 20 Suite 2-36 North Andover,MA 01845 RE: RE: 146 Main Street,North Andover,MA—SUPPLEMENTAL LETTER To Whom It May Concern: I am writing this supplemental letter in an attempt to expedite the matter pertaining to the above-referenced property. This appeal stems from complaints that were filed with the Town of North Andover concerning a failed and inoperable sewer pump station that serves my client's real property that poses a-riskto the public health,the health and safety of the occupants of 146 Main Street and the environment surrounding the same real property. These,complaints, filed in mid-January 2015 have,until now, been ignored by the Town of North Andover,particularly the Building Inspector and Board of Health. Sutton Pond Condominium Trust constructed this sewer pump station and was responsible for constructing it in a proper manner. Proper manner, according to the law, required this station to be permitted and designed. Instead, it was constructed without any permits and design. The improper manner in which it was constructed has caused this pump station to repeatedly fail. It is now in complete failure and as the weather warms,even to a temperature in excess of forty degrees Fahrenheit, in addition to the mere fact that raw sewage is overflowing from the wet well,the sewer gases of this unsealed pump station flow freely into 146 Main Street at noxious levels. Despite its representations, Sutton Pond has done nothing to remedy this situation for the past two months,except pump the wet well periodically. This matter needs to be expedited immediately. • SgI;EtY j • North Andover Health Department Community Development Division March 18, 2015 Gregory Smith 146 Main Street Building A North Andover, MA 01845 Dear Mr. Smith, This letter is in response to the complaint submitted on March 17, 2015. The investigation into the complaint of raw sewage and sewer odors has been conducted resulting in findings below; - The private sewer pump system at 146 Main Street has not been operational since mid- January. Y - Action King Services has been doing pumping of the pump chamber weekly since January 15, 2015. Action King noted that they have not observed any overflows since weekly pumping began. Health Department staff went to 146 Main Street on March 18th. Action King was on site,pumping the tank. The pump house and surrounding areas were observed for odor and raw sewage. There were no unusual odors detected at the site. There was a full snow cover on the ground. There was no raw sewage observed in the shed or the land area around the shed. No public health concerns were found.No further action warranted at this time. T7an u, S er, RS Health Director Cc: Cheryl Piper, Senior Property Manager Page 1 of 1 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 Blackburn, Lisa _ in From: Sawyer, Susan Sent: Wednesday, March 18, 2015 2:55 PM To: Blackburn, Lisa Subject: FW: Sutton Pond Just print please From: Karen [mailto:karenC&actionkingservices.com] Sent: Wednesday, March 18, 2015 10:39 AM To: Cheryl Piper Subject: Sutton Pond Hi Cheryl, According to our records,we pumped down the small lift station at Sutton Pond on the dates listed below. Each time we pumped,we took approximately 500 gallons. 1/22/15 1/29/15 2/6/15 2/12/15 2/19/15 2/26/15 3/12/15 3/18/15 Should you have any other questions,feel free to give me a call. Thank you, Karen Action King Services 26 Livingston Street Lowell, MA 01852 978 452-7750 phone 978 459-0770 fax 1 • Sw,MD1 North Andover Health Department Community Development Division To: Cathy Darby, Human Resources Director CC: Eric Kfoury, Director, Community and Economic Development Jean Enright, Assistant Director, Community and Economic Development j From: Susan Sawyer, Health Director Date: March 18, 2015 Re: Incident Report On Tuesday, March 17, 2015 an incident occurred at the Community Development offices at 1600 Osgood Street. Mr. Greg Smith,the owner of a business at 146 Main Street, had entered the Office at the Health Department door shortly before 12:OOPM. No one was at the secretary's desk at that moment. Mr. Smith proceeded to repeatedly bang a counter bell profusely, which prompted staff to respond to the counter. According to the Health Administrative Assistant,the bell was not on the front counter, rather had been placed on a file cabinet which would indicate that Greg Smith came around the counter to get the bell. This was confirmed by Heidi Gaffney who overheard conversation and confirmed that he came around the counter. Michele Grant and Susan Sawyer went towards the front counter where they met Mr. Smith and two females. Immediately upon approach Mr. Smith was verbally out of control. He accused the department, the division and town offices of"doing nothing" in regards to his conflict with Sutton Pond Condominiums; a problem between the parties, who have common interests in a private sewer pump station, that has been in and out of court since 1999. His accusations and tone was threatening, stating that we haven't done our jobs and that he is going to sue the town. All attempts by Susan and Michele to try to communicate with him, and to diffuse the situation, were met with his continuing,raised voice. His rant appeared out of control. Ms. Sawyer eventually suggested that if he could not lower his voice, we would not continue this discussion and asked him to leave. After a number of additional minutes and little success in diffusing the situation, Susan Sawyer requested that Michele Grant contact the police via phone. While on the phone with the police at Page 1 of 2 North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 12:09, Mr. Smith and company exited the Health side and proceeded to the Building Department. Maura Deems handled Mr. Smith's requests for various documentation. At this point, his demeanor was calmer. The NAPD officers arrived. There was discussion between the officers and Mr. Smith about his situation. The community development employees,that were present at the counter,participated in the discussion as needed. Susan Sawyer conferred with Jean Enright, and subsequently inquired whether Mr. Smith would like to lodge a complaint regarding any current public health concerns he may have. Mr. Smith did so and left soon after. Page 2 of 2 North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 NORTH C OL O A t , °�r�S49 ss CINU5 16000sgood Street Building 20, 2035 North Andover MA 01845 Tel: 978-688-9545 Fax: 978-688-9542 COMPLAINT FOR INVESTIGATION DATE: 1 -71 Tel #:q to "bee . FROM: Ge F. 9ml rte. C, �� m��' ADDRESS: Complaint Against: *0"TRICAL�oSCW ce� PLUMBING: GAS: BUILDING CONTRACTOR: PROPERTY OWNER: OTHER: Signed: Emily S.Starr Pc Starr Vander Linden LLP iff STARR'. Charles E.Vander Linden 625 Main Street VANDER LINDEN Laura SilverTraiger Fitchburg, 1420 tel 978-345-6-6 7991 T N E Y S A T L A W Cynthia A.Brown fax 978-345-6935 A T O R Seven State Street Worcester,MA 01609 tel 508-754-8882 fax 508-754-3639 March 9, 2015 Gerald Brown Building Department 1600 Osgood Street Building 2 - Suite 2-36 North Andover, MA 01845 RE: My Client: Sutton Pond Condominium Response to Complaint Dear Mr. Brown: Please be advised that I represent the Trustees of the Sutton Pond Condominium. The Trustees have worked hard for many years to ensure that the Sutton Pond property is in compliance with all applicable codes and regulations. On February 18, 2015,the Trustees received a copy of a document entitled Complaint for Investigation dated January 21, 2015 that had apparently been submitted to your office by Gregory Smith. When the Sutton Pond Condominium was created, a building that is now owned by the Trustees of the Stone Mill Realty Trust was separated from the Sutton Pond Condominium through the execution and recording of a long term lease. For the most part,the operation of the Sutton Pond Condominium and the Stone Mill building are separate. One of the few items for which there has been some shared responsibility is the sewage pump station located near the Stone Mill building. Mr. Smith's recent complaint focuses primarily on that facility. Sutton Pond believes that the allegations set forth in the recent Complaint are unfounded. Sutton Pond has responsibly addressed issues related to that facility for more than fifteen years. Sutton Pond has obtained proper permits and has worked with local officials when problems arose. Litigation filed by Stone Mill in 1999 resulted in a settlement agreement in 2003; further disputes resulted in multiple decisions issued by an arbitrator in 2005 and 2006. Sutton Pond believes that it is in compliance with all applicable permits and regulations. If you seek any additional information from the Sutton Pond Condominium or its management Gerald Brown Inspector of Buildings North Andover March 9, 2015 Page 2 company with regard to the facilities at Sutton Pond,please contact me or the property manager, Rosemary Riccio, First Realty Management, 617-423-7000. Thank you for giving this matter your attention. CSincerel Vander Linden Writer's Direct Email: cvanderlinden(cDstarrvanderlinden.com CVL:ajtP:�MS PmMOIS-Smilh-PumpluuaV,ndO Milding Depe'Imeo<03-03-2013.1,pd cc: Sutton Pond Trustees Rosemary Riccio,First Realty Management 1 : fmBOHsepPumping System Pumped b y dba E Date Quantity ! Transferred i Disposed at Type Comments PumpedfEnterprises, py Name Pumped (gallons) ! top YPSeptic Tankction-King 02/12/2015 500 Lowell Waste Water Routine Inc. Treatment Plant Septic Tank Action-King 02/06/2015 500 Lowell Waste Water Routine Enterprises,Inc. Treatment Plant Septic Tank Action-King01/29/2015 500 Lowell Waste Water Routine 148 main Enterprises,Inc. Treatment Plant st Septic Tank Action-King 01/22/2015 1110 Lowell Waste Water Routine 148 main Enterprises,Inc. Treatment Plant st Septic Tank Action-King 01/15/2015 1500 Lowell Waste Water Routine 146 main Enterprises,Inc. Treatment Plant st V FST Felivary I7„ loo YF�` United Compressor and Pump Services.,Inc. 13 Delaware Drive Salem,NH 03079 Attention: Chris Poliquin,Sales/Service Manager RE: Sutton Pond Granite Building Pump Chamber Repairs Dear Chris: Thank you for arranging to meet with me last week to view the condition of the exstin pump,c1 . h serving the Granite Building.,located,at,146.Main Street.in Noith.Anect). s we dover(Project). understand Project h fisting pumps have been installed:in accordance-with the requirements of an Arbitrator ing S. ttlement Agreement which requires that Sutton Po.kd Coends��ums intim.th s sting the p m7 tl�rough=Apnld2.,4) $ecause.the shed was locked,F �,.�s°e"tIeatbi;was not perforn ed this year, leading to freezing_and;pipe rupture* order to return the . mping_systcm to{operational status we recommend that the following rairs/upgrades.be completed 1. Replace the existing cracked/broken schedule 40 PVC discharge piping and valves with schedule 80 PVC. 2. Install a new vent at the wetwell cover. This vent should extend through the shed roof to provide passive venting.of the wetwell. 3. Provide electric.power to the existing exhaust fan and timer located on the shed wall to ensure that adequate air-changes are provided within the shed. 4. Install a-heater to maintain adequate temperature within the shed to prevent freezing of the pipes and valves. Please feel free to contact me at(508)591-4330 if you have any questions. Very truly yours, Fay,Spo & orn Kcvin P:Klein,P.E.,Associate Copy To: Sutton Pond Condominium Association 146 Maui street,unit 3 FAY, SPOFFORD SSC THORNDIKE Hyannis,MA 026o1 Offices in:Massachusetts,New Hampshire,Maine,Connecticut and New York T:508 815-2040 T:800-835-8666 w.ww.fstinc.com QUOTE Un�ked Compressor ' 1111111"Flonfin 1111111,411. Pump Sendces Inc. 2/11/2015 0000037767 0000739 Sutton Pond Condominiums Granite Building C/O First Realty Management C/O Sutton Pond Condominiums 151 Tremont St. 148 Main Street Boston, MA 02111 North Andover MA P.O. TERMS SALES PERSON NET 30 Chris P QUAN DESCRIPTION • 1.00 PIPING PVC PIPE, FITTINGS,VALVES, ETC. Schedule 80 2,223.05 2,223.05 16.00 Labor 110.00 1,760.00 CALL 603-552-5885 or Visit us on the web @ www.unitedcompressor.com TOTAL $3,983.05 d 05 02. 30p E p,z AMERICAN ARBITRATION ASSOCIATION Construction Arbitration Tribunal ' In the Matter of the Arbittadott between Rc: 11 110 E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust "Claimant" and Trustees,Sutton Pond Condo Trust "Respondents" AWARD OF ARBITRATOR 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties and dated December 01, 2003, and having been duly sworn, and having duly heard the proofs and allegations of the Parties,do hereby,FIND,as follows: I. Claimant is found to have breached the Settlement Agreement entered by the;Court ill the case of"Gregory P. Smith and Linda M.Can de Voorde,individually and as Trustees of the Stone Mill Realty Trust v.Sutton Pond Condominium Truck",Essex Superior Court,Civil Action Number 99.01960. In specific,Claimant has breached the Settlement Agreement by failing to allow Respondents to install a duplex sewer pump system with an alarm system R10118 with the construction of a shed to house the same. Tie Arbitrator orders the purchase and installation oftwo(2)Goulds non-elog sewer cjecrar pumpss Model, x3883 BH'F ss detailed and speail;ed.dri Respondents'Exh*ibit 29.installed in a"duplex"arrangernent with _+ contra_,_alarms,electrics,Piping and valves as required,engineered and designed to discharge to the 'municipal-system in accordance with the Town's requirements and good engineering practice The rrnstallation and operation Of the aystem shall be certified by a Licensed Professional Fstgineer, Commonwealth of Massachusetts. The Arbitrator orders Respondents to enter claimant's facilities and make alt}'necessary changes to Claimant's electrical system to provide the necessary power for the pew Jdupkx'stwagc pumps,eontrois and alarms. Any power outages must be at the convenience of Claimant.' "The wet well is to be in accordaitce.with manufacturer's recommendation State Plumbing Code and Title S Regulations. _ The Arbitrator has determined,based on testimony,documen%exhibits and site inspection that Claimant's requested"grinder"pumps do not meet Claimant's concern for maintenance and operation. "Grinder"pumps,given the discharge piping co»fgtiuution,length,size and now velocity could have' effluent"fall-out",causing packing of the partioulates in the discharge pipe,flow ob3t1`ucti0n1 at bends,pipe redacers/increasen and other general fittings. The non-dog pump(2"material discharge)would have a tendency to"move along",not packing within the system "Grinder pumps"have known significant maintenance costs related,particularly after the three-year Respondent's maintenance liability agreement, causing a significant burden on Claimant at a later date. The Arbitrator Curds that the pump shed,heated or otherwise,does tot come under the Commonwealth of Massachusetts State Building Code 780 C&IR and is ordered to be eroctod in compliance with all other r0quir"Mcttts of the Town OtNorth Andover. The pump shed shall have,as a minimum,heat,JULinsulation.power ventilation upon opening of the access door,sufficient lighting for the pump maintenance and,a minimum 120 volt,20 amp outlet for maintenance use. 2. Respondents are found to have breached the Settlement Agreement,as described in item I.Respondents provided a minimal loading/nnloading area which Claimantshall]rave the right to use and failed to provide a suitable parking arra without obstruction of ttaflC flow,loading/unloading facilities,or fire lane interference. The Arbitrator observed that the closest surrounding parking areas are numbered and dedicated to the condominium residenrs. Page I of 2 Received Time 00•1 $, 2:34PM VE 'd-5089 'ON Ndl1:6 5001 '61 '104 18 05 02: 00p ENGIhi ^M -- p.3 In tl;e Matter of the Arbitration between lie: 11 110,E 01040 05 Gregory Smith,Trustee of Stone Mill Rcalty Trust "Claimam7 and Trustees,Sutton Pond Condo Trust "Respondents" AWARD OF ARBITRATOR The Arbitrator orders Respondents to create a parking slot within close proximity of designation 2 as shown on Exhibit C,for purpose of parking a service vehicle for access to the rear of Claimant's building. 3. The Arbitrator finds no breach of the Settlement Agreement,as described in item ! in regards to wash siting and removal, The Settlement Agreement does not designate a permanent location#br the trash containers,but only designates an area for the short-term construction project. The Arbitrntor orders Claimant to place the Hash containcrs at his desired location without obstawdon to the ingress of Respondents'property. All conditions regarding this issue in the Settlement Agreement remain in full effect. 4. As testified to,.Claimant has tailed on,at least one occurrence to adjust the lighting as required in paragraph 5 of the Settlement Agreement. The Arbitrator orders Claimant to provide due diligence in maintaining the operation time clock,specifically when there is a power outage and daylight savings time adjustments. e Arbitrator reiterates tfie findings of tfie Cohn in regards to the"Settlement Agreement", civil action X umber 99-01960 and Claimant and Respondents to cooperate jointly,allow access Claimant's leased ' "property in order for Respoadenis to effectuate the terms of this Order. i All legal fees shall be the burden of the respective.clients. The administrative fees of the Arnerican Arbitration Association totaling 52,100,00 and the eompcnstttion and expenses^of the arbitrator totaling S842.I2 shall be bome by the parties equally. This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All claims not expmssly granted humin are hereby,denied. ttS� Date Mr.Jachard A.Volkin I,Mr.Richard A.Volkin,do hereby affirm upon my oath as Arbitrator that I am the individual described in and who etecuted this instrument,Which is my Award. Date .Richard A.Volkin Pago 2 of 2 Received Time Oct- 18. 2:UPM 0 'd-5089 "ON - WV_.l.Z:6 _MZ "6l '100