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Miscellaneous - 146 MAIN STREET 4/30/2018 (5)
I i • � I y--------------- � r I •r Asp [ndin� p 40D Application flied oa: 1 � I Hearing duo on: Decision due on: I f i I, �I I I 1 Town of North Andover = n r^I\ ZONING BOARD OF APPEALS" A I b err 11,Manzi 111,Es q.Oudimvt 2015H0V 24 All 8: 06 EVC11 V Mcllihnv,11;ee-C1Wr,;t1mJ DouglasLudlon 0 0.Pail Koeb Jr.,fi"Rl. 0 Allan(;uncia 3 Nathan Weinreich Alexandria Jacobs,fisq. C14 Denvy Nforg*n6i'll Town Clerlfinle"k-amp 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, Property at: 146 Main Street(Map 40.A per Mass. Gen. L. ch.40A, §17 Parcel 4),North Andover,MA 01845 NAME: Stone Mill Realty Trust/Gregory HEARING(S): 10 November 2015 Smith ADDRESS: 146 Main Street(Map 40.A, PETITION: 2015-007 Finding Parcel 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 Stone 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 in order to appeal the Inspector of Building's alleged failure to act upon the Petitioner's request for an enforcement action of alleged Zoning By-law violations by Sutton Pond Condominium(s) to 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 Building Inspector's October 2,2015 letter to the Petitioner's attorney stated: "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," The following regular voting members were present: Ellen P. McIntyre,D. Paul Koch Jr,and Allan Cuscia. Page I The following Associate members were present and voting:Deney Morganthal and Nathan Weimeich. Allan Cuscia made a motion to uphold the Inspector of Buildings/Zoning Enforcement Officer's decision in his letter dated October.2, 2015, and to DENY the requested Finding of the party aggrieved. Voting in favor of the motion to uphold the Inspector of Buildings and to DENY the requested finding:Ellen P.McIntyre,D.Paul Koch Jr,Allan Cuscia,Nathan Weinreich,and Deney Mosenthal. The Board finds that the petition:of Stone Mill Realty Trust/Gregory Smith did not receive the required votes. North.Andover Zonixtg goik of Appeals Ellen.P. McIntyre,ActingChairperson D.Paul Koch Jr.,Esq. Allan Cuscia Deney Morganthal Nathan Weinreioh. Decision 2015-007 (Finding) Fuge 2 of 2 Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS ;z,-RE EfV50 �x affw t 9..Mamzi 999,&q. eAaimaa Mw 9.AfcJ n/ nf__--_ NORTF" f1 Xe, `U[Ce- 'Llfaarat�r/t OF�tUao 86gti 2015 OCT 14 AM 7. 44 .D=9 ao Cudgirt - - ° O c� D.taut Xad `,,L&q t OWU Q�arz Ccuscia e Ot €ORTH ANDOYI:-. �C+ t Q66aCtate✓twdwt6 �4q * MI"SACHUSt t'C, -Defter✓bVatitRae �SSH mu`� � Na fi=Weiftneiepi Date i 3 . o m5 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit Comprehensive Permit(40B) 71in] For property located at: y Lp 1 L 1( l )'1 J ,t F STREET: MAP: tj 0 . f PARCEL: q TOWN: North Andover, MA 01845 TO MEETING DATE(S) / /V o V , a 0 S NAME OF PETITIONER: C7 r c r V ryI � 1 y SIGNED: )—, Petitioner(or petitioner's representative) 1600 Osgood Street Building 20-Suite 2035.North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web--www.townofnorthandover.com Abutter to Abutter( J Building Dept ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A,Section 11 states In part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner Is located In another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property. MAP PARCEL Name Address 40 4-0001.6 Elm Mill Realty Trust Gregory Smith 146 Main Street North Andover,MA 01845 Abutters Properties Mat Parcel Name Address ***see attached pages*** n , ATTEST: A'l_ ne Copy Town•Clerk Date 9/9/2015 Page 1 of 9 This certifies that the names appearing on the records /of the Assessors Office as of .r+rCd!/L(Jr%LY f r c3 SI Certified b Date �!' I 029.0-0013-0000.0 029.0-0014-0000.0 029.0-0058-0000.0 HASSEY,RONALD A PERELLA,L.,COLIZZI,S,TROMBLY, DENTON,PAUL H 68 SAUNDERS STREET BARNES,THOMAS,A.&CAROLYN, JOAN E DENTON NORTH ANDOVER,MA 01845 76 SAUNDERS STREET 72 SAUNDERS STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0002-0001.A 040.0-0002-0001.13 040.0-0002-OOO1.0 231 SUTTON STREET LLC SUITE REALTY,LLC MOULTON,DOUGLAS R C/O ROTH&ASSOCIATES LLC C/O ROTH&ASSOCIATES LLC 231 SUTTON STREET 231 SUTTON STREET 231 SUTTON STREET U-113 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER MA 01845 040.0-0002-0001.1) 040.0-0002-0001.E 040.0-0002-0002.A NEU REALTY COMPANY,LLC MARINA 231 LLC NE INVESTMENT PROPERTIES LLC 231 SUTTON STREET U-1 D 72 CAMPION ROAD 231 SUTTON STREET#-2A NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0002-0002.13 040.0-0002-0002.0 040.0-0002-0002.1) NE INVESTMENT PROPERTIES,LLC ALFRED REALTY TRUST CONNOLLY,JAMES J. 231 SUTTON STREET U-213 RALPH A&MARIE E BARBAGALLO CONNOLLY,ROSEMARIE A. NORTH ANDOVER,MA 01845 231 SUTTON ST.,STE.1B 210 BEAR HILL ROAD NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0002-0002.E 040.0-0002-00021 040.0-0002-0002.G CARDAVE LLC BETTY B2 REVOCABLE TRUST 231 SUTTON STREET UNIT 2G LLC C/O RAINEN LAW OFFICE MARTHA CASHINS,TRUSTEE C/O SAKAKEENY,MAUREEN W. 231 SUTTON STREET 231 SUTTON STREET U:2F 231 SUTTON STREET U-2G NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0002-0002.H 040.0-0002-00023 040.0-0002-0002.K BETTY B2 REVOCABLE TRUST OTURKAR,HEMANT 231 SUTTON STREET U2K,LLC MARTHA CASHINS,TRUSTEE 231 SUTTON STREET U-2J 2013 NE 10TH AVENUE U:D 231 SUTTON STREET U:2H NORTH ANDOVER,MA 01845 PORTLAND,OR 97212 NORTH ANDOVER,MA 01845 040.0-0002-0002.1, 040.0-0002-0003.A 040.0-0002-0003.13 BETTY B2 REVOCABLE TRUST DAVID CASTRICONE ROOFING&SID SUTTON 3B REALTY TRUST MARTHA CASHINS,TRUSTEES 231R SUTTON STREET,STE.3A C.&L.CINCOTTA,TRUSTEES 231 SUTTON STREET U:2L NORTH ANDOVER MA 01845 236 BRIDAL PATH NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0003-0000.0 040.0-0004-OOO1.G 040.0-0004-0002.G CLEAN HARBORS PENNINGTON,ROGER STERN,GEORGE B C/O INDUSTRIAL VALUATION SERV PENNINGTON,SONG RE 17 PARKRIDGE ROAD P.O.BOX 92108 148 MAIN STREET HAVERHILL,MA 01835 AUSTIN,TX 78709 NORTH ANDOVER,MA 01845 040.0-0004-0101.0 040.0-0004-0102.0 040.0-0004-0103.0 DEVITO,NANCY CASHMAN,THOMAS,P. VENTURA FAMILY REALTY TRUST 148 MAIN STREET#0-101 148 MAIN STREET U:102 O ANNA MARIE VENTURA,TRUSTEE NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 148 MAIN STREET U:103-0 NORTH ANDOVER,MA 01845 040.0-0004-0104.0 040.0-0004-0105.A 040.0-0004-0106.A TOWSE,ROBERT&MARY JANE FREDO,ROBERT F ROSENBERG,ZENA LT&LLOYD 148 MAIN STREET#0104 EDWINA M FREDO M.SCHULMAN,&S.COMERCHERO, NORTH ANDOVER,MA 01845 148 MAIN STREET#A105 40 BERNARD STREET NORTH ANDOVER,MA 01845 LEXINGTON,MA 02420 040.0-0004-0107.A 040.0-0004-0108.A 040.0-0004-0121.K HJG FAMILY TRUST SIDABRAS,CAROL FARIA,LINDA J C/O JAMES P.GORDON REVOCABLE 148 MAIN STREET#A108 148 MAIN STREET K121 500 REA STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0122.K 040.0-0004-0123.K 040.0-0004-0124.K COTTER,STEPHEN LIVINGSTON,ROBERT E LAGUERRE,MARIE E. DELUCA,ROSE 148 MAIN STREET K123 148 MAIN STREET 148 MAIN STREET#K122 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0125.K 040.0-0004-0126.5 040.0-0004-0127.S MARSHALL IRREVOCABLE TRUST L DWYER,ISABELLE V HMURCIAK,MARY A LINDA KYOMITMAITEE,TRSTE ET C/O CAMILLA MILLER J WILLIAM HMURCIAK 148 MAIN STREET U:125 K 290 NEW CAMERON DRIVE 148 MAIN STREET 5127 NORTH ANDOVER,MA 01845 LEXINGTON,VA 24450 NORTH ANDOVER,MA 01845 040.0-0004-0128.S 040.0-0004-0129.S 040.0-0004-0130.5 TAYLOR,LORETTA,TRUSTEE ZIA,JEFFREY,C. SIMON,DEBRA A. MOTYKA REALTY TRUST 148 MAIN STREET UNIT 129 S 115 CRICKET LANE 148 MAIN STREET S128 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0131.B 040.0-0004-0132.13 040.0-0004-0133.13 CARROLL,SUSAN L. O'BRIEN,FAITH B VERNILE,DOMENIC 148 MAIN STREET 148 MAIN STREET#B132 148 MAIN STREET U:133 B NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0134.13 040.0-0004-0135.B 040.0-0004-0201.0 LYONS III,ARTHUR W WAY,MARY LIFE TENNANT DENNIS PRYOR COOPER IRRVC FML 167 LOWELL STREET GUZZARDI,STEVEN REMAINDERMA ELLEN C.MICHAUD,TRUSTEE ANDOVER,MA 01810 148 MAIN STREET 148 MAIN STREET U:201 0 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0202.0 040.0-0004-0203.0 040.0-0004-0204.0 BARRY JR,JOHN G CHABOT,DONALD R LINDA M.MONTMINY REVOCABLE THERESA I BARRY WENDY M WISE LINDA M.MONTMINY TRUSTEE 148 MAIN STREET#0-202 148 MAIN STREET 0-203 148 MAIN STREET UNIT 0-204 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0205.0 040.0-0004-0206.0 040.0-0004-0207.0 BROADHURST,PATRICIA HAWLEY,ALLAN X KRAMER,SUZANNE M 148 MAIN STREET U:205-0 148 MAIN STREET#0206 148 MAIN STREET 0207 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0208.0 040.0-0004-0209.0 040.0-0004-0210.A FLORA AGNES GAUDES TRUSTEE SISKIND,MYNDA J.TRUSTEE O'BRIEN,GLORIA,A. PAUL E.GAUDES TRUSTEE SISKIND REALTY TRUST O'BRIEN,MARGARET,A. 148 MAIN STREET 148 MAIN STREET#0209 148 MAIN STREET U:210 A NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0211.A 040.0-0004-0212.A 040.0-0004-0213.A CARROLL,TIMOTHY MILAS,ETHEL M MOOTA,MANEESH CARROLL,MARY 148 MAIN STREET#212A 148 MAIN STREET U:213-A 148 MAIN STREET U:211-A NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0214.A 040.0-0004-0215.A 040.0-0004-0216.A CRAIG,CYNTHIA K BENJAMIN,HELEN,EILEEN PASQUARIELLO,ROCCO 148 MAIN STREET#A214 148 MAIN STREET U:215A 148 MAIN STREET UNIT:A-216 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0217.A 040.0-0004-0218.A 040.0-0004-0221.K PAPAPETROS,THEODORE WHITCOMB,KAREN LYLE,MARJORIE C/O T.&A.PAPAPETROS LIFE ESTA 148 MAIN STREET U:218 A 148 MAIN STREET K221 148 MAIN STREET U:217A NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0222.K 040.0-0004-0223.K 040.0-0004-0224.K STRUMPFLER,FRANK R O'SHEA,MICHAEL COX,NANCY L BARBARA B STRUMPFLER 148 MAIN STREET#K223 148 MAIN STREET K224 148 MAIN STREET K222 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0225.K 040.0-0004-0226.5 040.0-0004-0227.5 RICHARDS,CHARLES W LANN,MATTHEW LILLIAN NOWAK BOYLE REV TRST IRENE E RICHARDS LANN,LINDI LILLIAN NOWAK BOYLE,TRUSTEE 148 MAIN STREET#K225 5 HARWICH LANE 189 MAPLE STREET 2P NORTH ANDOVER,MA 01845 ANDOVER,MA 01810 LAWRENCE,MA 01841-3701 040.0-0004-0228.5 040.0-0004-0229.5 040.0-0004-0230.S MCAULIFFE,THOMAS,P. ROGERS FAMILY REALTY TRUST O'KEEFE,DOROTHY M. 148 MAIN STREET UNIT:S-228 T.O'CONNELL&M.ROGERS,TRUST 148 MAIN STREET S-230 NORTH ANDOVER,MA 01845 148 MAIN STREET U:S229 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0231.13 040.0-0004-0232.13 040.0-0004-0233.13 FINN TRUST PARSONS,STEVEN H DANNAHY,MAUREEN PATRICIA A.DRISCOLL,TRUSTEE SUZANNE D PARSONS 148 MAIN STREET#B233 148 MAIN STREET U:231 B 148 MAIN STREET#13232 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0234.13 040.0-0004-0235.13 040.0-0004-0236.0 JMJ FAMILY TRUST FLANNAGAN,LINDA,J.&JOHN RILEY,NANCY A JOYCE M.JOHNSON,TRUSTEE FLANNAGAN,T.&DERBY,J. 148 MAIN STREET#C236 148 MAIN STREET U:234 B 148 MAIN STREET U:235 B NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0237.0 040.0-0004-0238.0 040.0-0004-0239.0 EWING JR,PAUL MARGOLIS,MICHAEL VINES,THOMAS,E. EWING,ELIZABETH 148 MAIN STREET 4C238 148 MAIN STREET U:239-C 148 MAIN STREET#0237 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0240.0 040.0-0004-0241.17 040.0-0004-0242.17 RILEY,CHARLES&ELLA BLACKSTOCK,WILLIAM,D. DESILVA DECUNHA,MELISSA RILEY,NANCY&MICHAEL BLACKSTOCK,GILDA 148 MAIN STREET U:242 F 148 MAIN STREET U:240C 148 MAIN STREET U:241F NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0243.F 040.0-0004-0244.1' 040.0-0004-0245.1' FOSTER 243,148 MAIN STREET REAL CHATSMAN,ZHANNA SWEENEY,PATRICIA A MARIE L MURPHY,TR 422 BOSTON STREET 148 MAIN STREET#F245 148 MAIN STREET#F243 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0301.0 040.0-0004-0302.0 040.0-0004-0303.0 KIRMES,LINDA MONTELLA,ENNIS J FREEMAN,DOROTHY 148 MAIN STREET U:301 O MONTELLA,VIRGINIA S 148 MAIN STREET U:303 0 NORTH ANDOVER,MA 01845 148 MAIN STREET UNIT 302-0 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0304.0 040.0-0004-0305.0 040.0-0004-0306.0 MC MANUS,E JULIE MC GUIRE,CAROL A MC MANUS,E JULIE 148 MAIN STREET 40-304 148 MAIN STREET#0-305 MARGARET A O'BRIEN NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 148 MAIN STREET#0306 NORTH ANDOVER,MA 01845 040.0-0004-0307.A 040.0-0004-0308.A 040.0-0004-0309.A THE MANN FAMILY REALTY TRUST FARNHAM,BEVERLY P J.C.B.REALTY TRUST C/O LORI DUFAULT 148 MAIN STREET,UNIT A-308 JEANNE C BRIEN,TR 148 MAIN STREET U:307 A NORTH ANDOVER,MA 01845 148 MAIN STREET#A309 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0310.A 040.0-0004-0311.A 040.0-0004-0312.A PARENOV,ANNA GALLANT,ELLEN GREARSON,P.DOUGLAS 10 MOLLY ROAD 148 MAIN STREET U:31 IA CRABTREE,DIANE L. ANDOVER,MA 01810 NORTH ANDOVER,MA 01845 2 SWEETBRIAR LANE ANDOVER,MA 01810 040.0-0004-0313.A 040.0-0004-0314.A 040.0-0004-0315.A MC CARTHY,RITA DELANEY,DONNA R FLYNN,JULIE A 148 MAIN STREET#A313 9 INGALLS STREET 148 MAIN STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0321.K 040.0-0004-0322.K 040.0-0004-0323.K PROCTOR,JOAN M TORTORA,CARMINE G. PHILLIPS,MARY,F. PO BOX 901 35 MERRIMACK DRIVE 148 MAIN STREET UNIT:323K NORTH ANDOVER,MA 01845 MERRIMACK,NH 03054 NORTH ANDOVER,MA 01845 040.0-0004-0324.K 040.0-0004-0325.K 040.0-0004-0326.S GOODE TRS,WILLIAM E&MARGIT KSJ REALTY TRUST DIGILIO FAMILY TRUST GOODE FAMILY NOMINEE TRUST LEVIS,JOSEPH TRUSTEE R.DIGILIO&L.HALL,TRUSTEES 148 MAIN STREET U-K324 154 PLEASANT STREET 148 MAIN STREET U:326 S NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0327.5 040.0-0004-0328.S 040.0-0004-0329.5 MC CANN,SHIRLEY MALLEN,REBECCA COREY,RAYMOND 148 MAIN STREET S327 148 MAIN ST UNIT S-328 COREY,MARY NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 148 MAIN STREET U:329S NORTH ANDOVER,MA 01845 040.0-0004-0330.5 040.0-0004-0331.B 040.0-0004-0332.13 PUOPOLO FAMILY REALTY TRUST DE FILLIPPO,MATTHEW PANOS,MARIE STEVEN&KAREN E.PUOPOLO,TRS 148 MAIN STREET#B331 148 MAIN STREET#B332 148 MAIN STREET U:330 S NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0333.B 040.0-0004-0334.B 040.0-0004-0335.B MILLER,MELANIE R SHIRLEY M.KEEGAN TRUST HUGHES,LYNN 148 MAIN STREET#B-333 SHIRLEY M.KEEGAN,TRUSTEE 6 FRANK STREET NORTH ANDOVER,MA 01845 148 MAIN STREET#B334 WOBURN,MA 01801 NORTH ANDOVER,MA 01845 040.0-0004-0336.0 040.0-0004-0337.0 040.0-0004-0338.0 FOUNTAIN TR,RONALD A GONCALVES,TERESA DONAHUE,MARYANN FOUNTAIN NOMINEE TRUST 148 MAIN STREET#C337 148 MAIN STREET 148 MAIN STREET 4C336 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0339.0 040.0-0004-0340.0 040.0-0004-0341.1' COREY,KAREN L ANNINO,BRIAN MCGETTRICK,BRIAN M. 148 MAIN STREET C339 ANNINO,LINDA 148 MAIN STREET F341 NORTH ANDOVER,MA 01845 14 BELKNAP DRIVE NORTH ANDOVER,MA 01845 ANDOVER,MA 01810 040.0-0004-0342.1' 040.0-0004-0343.17 040.0-0004-0344.1 PALUMBO,LORRAINE P SPERANDIO,JANET E GOEBEL,ALBERT A 148 MAIN STREET#F342 148 MAIN STREET 343F CATHERINE M GOEBEL NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 148 MAIN STREET#F344 NORTH ANDOVER,MA 01845 040.0-0004-0345.F 040.0-0004-0401.0 040.0-0004-0402.0 TOWSE,MARY L ROUHANI,SHIVA RYAN,JOHN 148 MAIN STREET 345F BEHDAD,SIAMAK 148 MAIN STREET#0402 NORTH ANDOVER,MA 01845 148 MAIN STREET U:401 0 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0403.0 040.0-0004-0404.0 040.0-0004-0405.0 PHILBRICK,GLORIA NEUBERT,WILLIAM,J.LT NELSON,ERICA C 148 MAIN STREET U:0 403 NEUBERT,WILLIAM,J.,TRUSTEE BOFFETTI,HILLARY A NORTH ANDOVER,MA 01845 148 MAIN STREET#404-0 148 MAIN STREET#0405 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0406.0 040.0-0004-0407.A 040.0-0004-0408.A HOLT,DAVID,W. SILBEY,ALFRED T A408 REALTY TRUST HOLT,KAREN,P. AGNES SILBEY JEAN HOEGGER,TRUSTEE 148 MAIN STREET U:406-0 148 MAIN STREET#A407 148 MAIN STREET#508A NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0409.A 040.0-0004-0410.A 040.0-0004-041 LA MOOTREY,JAMES MARKEE FAMILY TRUST LUDGIN,JACQUELINE,M. MOOTREY,MARIE LEAH BEDELL TRUSTEE LUDGIN,DOUGLAS,E. 148 MAIN STREET#409A 8 BLOOD STREET 148 MAIN STREET U:41 IA NORTH ANDOVER,MA 01845 PEPPERELL,MA 01463-1144 NORTH ANDOVER,MA 01845 040.0-0004-0412.A 040.0-0004-0413.A 040.0-0004-0414.A WANDA REALTY TRUST HOGAN II REALTY TRUST RULLO,FRANK J. WANDA J.MURPHY,TRUSTEE ANNA B.HOGAN,TRUSTEE RULLO,BARBARA M. 148 MAIN STREET U:412 A 148 MAIN STREET 413A 148 MAIN STREET#A414 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0415.A 040.0-0004-0421.K 040.0-0004-0422.K BENINCASA,DENISE JMJ FAMILY TRUST DOWNALL FAMILY REVOCABLE TR 148 MAIN STREET U:415 A JOYCE M.JOHNSON,TRUSTEE WILLIAM D.&CHRISTINE S.DOWN NORTH ANDOVER,MA 01845 148 MAIN STREET U:421K 81 A COURT STREET NORTH ANDOVER,MA 01845 EXETER,NH 03833 040.0-0004-0423.K 040.0-0004-0424.K 040.0-0004-0425.K MARSHALL,LYNDA A HATCH,EUGENIA KLAPES,LINDA L 148 MAIN STREET K423 ANASTASIA PARIS 148 MAIN STREET K425 NORTH ANDOVER,MA 01845 148 MAIN STREET K424 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0426.5 040.0-0004-0427.S 040.0-0004-0428.S HARRINGTON,BROOKE TANGROUY,MARYAM,T. C/O BARBARA&DENNIS ROYAL 148 MAIN STREET 148 MAIN STREET U:427-S C/O BARBARA A.ROYAL REVOCAB NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 24 HOLSTEIN AVENUE LONDONDERRY,NH 03053 040.0-0004-0429.5 040.0-0004-0430.5 040.0-0004-0431.B VINCENT,MARK NERISSA PARISI POLCARI,DONNA M. VINCENT,VIVIAN 148 MAIN STREET 5430 148 MAIN STREET 4 LACY STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0432.13 040.0-0004-0433.13 040.0-0004-0434.B BOYD,GERALD F HORTON,NANCY P CARD,JEAN G F C/O MARILYN A.BARDETTI 148 MAIN STREET#13-433 148 MAIN STREET#B434 148 MAIN STREET U:432-B NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0435.B 040.0-0004-0436.0 040.0-0004-0437.0 CARROLL,ROBERT MONAGHAN,TIMOTHY I WALSH,JOHN J CARROLL,DONNA C 148 MAIN STREET C436 GALE M O'DONNELL 148 MAIN STREET NORTH ANDOVER,MA 01845 58 PADDOCK LANE NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0438.0 040.0-0004-0439.0 040.0-0004-0440.0 MCCUSKER REALTY TRUST DUNN,JAMES G M.A.LUCILLE CONATON-IRVBLE TR C/O JEANNE M.MCCUSKER JEANNE M DRISCOLL-DUNN CONATON,BARIBEAULT,LAROCHE 148 MAIN STREET U:438 C 3777 RIVARIDGE DRIVE 148 MAIN STREET U:C-440 NORTH ANDOVER,MA 01845 MARIETTA,GA 30062 NORTH ANDOVER,MA 01845 040.0-0004-0441.F 040.0-0004-0442.F 040.0-0004-04431 JEZIERSKI,ADELE P.LT MARCEAU,WAYNE,S. ROUTHIER,ANNELLE E STROBEL,KENNETH F.REMAINDER MARCEAU,JOYCE,C. 148 MAIN STREET F443 148 MAIN STREET#F441 148 MAIN STREET U:442F NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-04441 040.0-0004-0445.F 040.0-0004-0501.0 MCGUIRE,JAMES A&SHIRLEY C BERNARD,BRENDA E FARAHMAND,ARYA 148 MAIN STREET F444 148 MAIN STREET F445 14 WARBLER SPRINGS ROAD NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 LINCOLN,MA 01773 040.0-0004-0502.0 040.0-0004-0503.0 040.0-0004-0504.0 PACHOLSKI,KIMBERLY FEH NOMINEE TRUST ARVIDSON,KRISTEN STEVEN S CABRAL 24 STONE RIDGE ROAD 148 MAIN STREET 148 MAIN STREET#0502 WESTFORD,MA 01886 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0505.0 040.0-0004-0506.0 040.0-0004-0507.A PUZZANGHERA,ANN,M. ROGERS,RICHARD,G.JR. YORK,SHERYL M PUZZANGHERA,SALVATORE C/O FANNIE MAE 148 MAIN STREET#A507 148 MAIN STREET U:505 PO BOX 650043 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 DALLAS,TX 75265-0043 040.0-0004-0508.A 040.0-0004-0509.A 040.0-0004-0510.A A-508 REALTY TRUST TERRANOVA,RAMONA R. BEHRAVESH,MAJID JEAN HOEGGER,TRUSTEE PO BOX 8072 MANSOUREH BEHRAVESH 148 MAIN STREET A508 HILTON HEAD ISLAND,SC 29938 148 MAIN STREET#A-510 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0511 A 040.0-0004-0512.A 040.0-0004-0513.A MORIARTY,DONALD W DOHERTY,FRANCES,M. SCOTT,DONALD&SCOTT,HELENE PATRICIA A MORIARTY 148 MAIN STREET U:512 A 148 MAIN STREET#A513 148 MAIN STREET#A511 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0514.A 040.0-0004-0515.A 040.0-0004-0521.K FISHER,ELEANOR RICHARDS,CATHLEEN H BARNES,JANE M. 148 MAIN STREET U:514 A 148 MAIN STREET#A515 148 MAIN STREET UX521 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0522.K 040.0-0004-0523.K 040.0-0004-0524.K CHADHA,SONIA DELANEY,JOHN,W. BUJAN 2002 REVOCABLE TRUST C/O VENTRE PARTNERS NOMINEE R 148 MAIN STREET U:523K DAVID J.DUJAN,TRUSTEE 148 MAIN STREET U:522 K NORTH ANDOVER,MA 01845 148 MAIN STREET U:524K NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0525.K 040.0-0004-0526.S 040.0-0004-0527.5 MA,WILLIAM CARDILLO,LEANNE J LAPORTE,CAROL MA,JULIE,A. 148 MAIN STREET S526 148 MAIN STREET S527 148 MAIN STREET U:525K NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0528.5 040.0-0004-0529.5 040.0-0004-0530.S SHAMUS,SANDRA J EMILY GRASSO,TRUSTEE KELLY,JEAN E 148 MAIN STREET#S528 148 MAIN STREET S529 148 MAIN STREET S530 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-053LB 040.0-0004-0532.13 040.0-0004-0533.13 VINCENT,MARK BERGAN,TERESA A ARSENAULT IRREV TRUST,ALFRED VINCENT,PETER 148 MAIN STREET B-532 A J&M ARSENAULT,TRS 4 LACY STREET NORTH ANDOVER,MA 01845 148 MAIN STREET#13533 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0534.13 040.0-0004-0535.13 040.0-0004-0536.0 PAROW,HELEN E LT PECCI,STEVEN P SLATTERY,WAYNE&PAULA J E PAROW;S P MCFARLAND;D P R 148 MAIN STREET B535 1024 OCEAN BLVD 148 MAIN STREET#13534 NORTH ANDOVER,MA 01845 HAMPTON,NH 03842 NORTH ANDOVER,MA 01845 040.0-0004-0537.0 040.0-0004-0538.0 040.0-0004-0539.0 MEDLEY TAFF,MARY YALOFF,FAYE P WILLIS,JOAN 148 MAIN STREET UNIT 537 C 148 MAIN STREET#C538 148 MAIN STREET#C539 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0004-0540.0 040.0-0004-0541.1' 040.0-0004-0542.F SUHR,BARBARA K FENTON,FREDERICK ABDENNOUR,MARIO 148 MAIN STREET C540 FENTON,MARGARET ABDENNOUR,DANA NORTH ANDOVER,MA 01845 11 MUIRFIELD CIRCLE 148 MAIN STREET U:542F ANDOVER,MA 01810 NORTH ANDOVER,MA 01845 040.0-0004-0543.1' 040.0-0004-0544.1' 040.0-0004-0545.1' DWYER,GERALDINE M,MAUREEN N WESTON,CANDICE A DEVINE,LISA DWYER,GERALDINE,M.LT 148 MAIN STREET F544 C/O SCOTT REALTY TRUST 148 MAIN STREET APT F543 NORTH ANDOVER,MA 01845 148 MAIN STREET U:545 F NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 I 040.0-0005-0000.0 040.0-0007-0000.0 040.0-0008-0000.0 DIZZY BRIDGE REALTY TRUST PAPA,MICHAEL,J. CRISANTE,SUSAN,B. CARRIE M&KENNETH C CROUCH 88-90 SAUNDERS STREET 96 SAUNDERS STREET 31 MOODY STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0009-0082.0 040.0-0009-0084.0 040.0-0010-0000.0 BLUM,PETER L. SMITH,ROBERT P. RAMSEY,MARYANN 82 SAUNDERS STREET SMITH,LEANN L. JENKINS,DAVID NORTH ANDOVER,MA 01845 84 SAUNDERS STREET 94 SAUNDERS STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 040.0-0011-0000.0 040.0-0012-0000.0 040.0-0014-0000.0 DOYLE,LESLIE CLEAN HARBORS TOWN OF NORTH ANDOVER WEADICK,LAUREL ANN C/O INDUSTRIAL VALUATION SERV 120 MAIN STREET 96 SAUNDERS STREET P 0 BOX 92108 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 AUSTIN,TX 78709 040.A-0004-0001.13 040.A-0004-0002.B 040.A-0004-0003.B ELM MILL REALTY TRUST ELM MILL REALTY TRUST ELM MILL REALTY TRUST OR GREGORY SMITH-STONE BLDG OR GREGORY SMITH-STONE BLDG OR GREGORY SMITH-STONE BLDG 146 MAIN STREET BLDG A 146 MAIN STREET BLDG A 146 MAIN STREET BLDG A NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 041.0-0028-0000.0 041.0-0029-0001.0 041.0-0029-0002.0 DOUGLASS,ALEXANDER B. FINN,COLIN,W. DELANO,KENNETH,W. DOUGLASS,LISA A. FINN,RAINA,M. DELANO,MARY,N. 28 WATER STREET 30 CURTIS ROAD 34 WATER STREET NORTH ANDOVER,MA 01845 SAUGUS,MA 01906 NORTH ANDOVER,MA 01845 041.0-0030-0000.0 041.0-0031-0000.0 041.0-0032-0000.0 ASVESTAS,ERIC BARRATT,WILLIAM JR. WINDLE REALTY TRUST ASVESTAS,DEBROAH BARRATT,JUDITH M. VALERIE M WINDLE,TR 36 WATER STREET 40 WATER ST PO BOX 253 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 CORNISH,NH 03746 053.0-0010-0000.0 053.0-0011-0000.0 053.0-0025-0000.0 KANDRUT,SCOTT LETIZIO,DIANE M RCG WEST MILL NA LLC 63 THORNDIKE STREET 22 WEST SHORE ROAD 17 IVALOO STREET NORTH ANDOVER,MA 01845 WINDHAM,NH 03087 SOMERVILLE,MA 02143 053.0-0027-0000.0 054.0-0001-0000.0 FINNIMORE,JONATHAN,R. RCG WEST MILL NA LLC FINNIMORE,SARAH,E. 17 IVALOO STREET 90 HIGH STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 IVVVCIIIUCI 1V� LV • M f�J GK'S ( ,FiE .. 2015 NOV -9 AM 11* 35 History of Sewer Pump OIRTH�ANDOVER Station ��r L 1 E E 146 Main Street J If . 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P .St _ "Lail�`�'�'.arc .d'tdt"�Yt•� *Y^3 HIS, :'YY . x aj Y i � 4 'S e <. � 5 � (� ` « Y �r -w: �� � � � � � � � �� � f�,� � 4k�. "y ALT t T•"x»-..,��..k „#� � F �� k �� / �' �` r f, �� / -w 'jY'Y' fit p EON;I 111h it 611'! U,-.p. jp- 4 fI� 4 lilt flif 1111 11 It'll fill]1,11, 14114 , v i � u 2 § \ } U1111, �] . � ....... .... ................................................................................... . � . ] % i \�9 ` •� � § \ : t » % � � !!/$ . !it H � i 2 \: { \2 \ ! i \� }� ; � } § § .} ) | ° ¢ I# /� • �,S # ] ° &!! # cE µORTH TOWN OF NORTH ANDOVER OFFICE OF p BUILDING DEPARTMENT �D 1600 Osgood St.Bldg. 20 Suite 2035 North Andover,Massachusetts 01845 ,SS^CHUSE� Gerald A. Brown Tel:(978)688-9545 Inspector of Buildings Fax: (978)688-9542 Dc @ � ad � TO: Peter L.Kutrubes,Esq. [1('T 2 2015 FAX : 603-782-4366 DATE: October 2,2015 WYARD OF APPEALS FROM: Gerald Brown,Inspector of Buildings TEL: 978-688-9545 FAX 978-688-9542 Total Pages 2—Including Cover Sheet BOARD OF APPEALS 688-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- 9535 TOWN OF NORTH ANDOVER Office of the Building Department of N°orH �ti Community Development and Services •� g��d ••'L6 t6 U 1600 Osgood Street, Bldg. 20,Suite 2035 North Andover, MA 01845 ��SS<1CHlJS�t�� 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. TOWN OF NORTH ANDOVER Office of the Building Department pF NO oTH Community Development and Services - - 1600 Osgood Street, Bldg. 20,Suite 2035 North Andover, MA 01845 7�A04ATED 0 y 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, I 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 P, 1 Communication Result Report ( Oct, 2, 2015 11 :02AM ) 1) Town of North Andover 2) Community Development Date/Time : Oct. 2, 2015 11 : 01AM File Page No, Mode Destination Pg (S) Result Not Sent ---------------------------------------------------------------------------------------------------- 5691 Memory TX 816037824366 P. 2 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or 1 i n fa i 1 E. 2) Busy E. 3) No answer E. 4) No facsimile connection E. 5) Exceeded max. E—mail size E. 6) De s t i n a t i o n does not support IP—Fax 4rn.n, TOWNOFNORTHANI)OVM OFFICE OF > BUILDING DEPARTMENT •y 1600 Osgood Sc Bldg.20 Saito 2035 North Andov ,Massachusells 01945 Gerald A.BroSrn Tcl:(978)688-9545 Incpectnr ofBwldings Fax:(978)68&9542 TO: PetaL.Kunbm Esq. FAX: 603-782-4366 DATE: 0—b.2,2015 FROM- TM, ROMTEL: 978-688-9545 FAX979-688.9542 Total Pages 2—lnrdudI4g Cover Sheet ROAMOPA>'PRAL36994541 CONSERVATION 699953D BMTH6889540 PLANNING ds& 995 North Andover MIMAP November 23, 2015 #211p a 72 52t #41� #46 #41 #5Ui 067'U 0035;#lfi9t r. 052:0-00.6Xk##'28J � k#2#23131039 O`0005' #56053\0= #163OQ08:i #511 #1661 #16 ' 039 O 0022 • #231 053 0 00171 36) #231 0,67 0 00 w � 040 0 0002 040 0 000:1`\) #33J #24 #16; #157- #wl t�s� #4J #14 #1531 s a 053 0=00'15' 053 0x001.87 5—' s 3 #6\ #66' 067 0 0039 4i 040 O 0012 053'0M001 0;'= #36 *- #40 #1461 MV05,3:0 0013'. 053 Q-0019 #231 tt 007 '1; S n - � 053 0r00'1�1 #138, #13T #•207iI � R41 053:0 0020:1 #15 #221s r 00 29'010008 #221 " #50 #x126. #1�2T Mill Pond z 053 0 0021 s z z z z z 053 0 0025; 2 #60029.00012, w 4 2 #113. z ` 053 0 00 #6a 04 #40) z z z'z 05300023#108, 029:0-0013- `« _v r A 053 0;.002,4_ zzzz #72 040 0:0009 a z z z z M 053;0:=00,,2 #9:z �Jz#Q15 0400,=0007 040 O 0004 #148 , E �, 039,0.=0_032- z Y#g4 IS #•148 #148 T z – -Z a 040 O 0005 x068 i0 .06. #120 R° ° ' #120=Rz z x � #•108. #990'29 0 0035 #120- z z #'144 #148 Y1,A Sir , z#=1200.29.0-0034 z �� #•iL26 x z aw fti a. #•130 039.0`0036 #•150 G� 041.0-0024 `� `? >`,v � a #129#133 UOWIItOWII OV@1'Ia Dfstr�ct ` � t #133#•139 #154 \z`y��z,�z°�`z� �Y �',��z'" #1� q��' #i l #149 #6 041.0-0028 z ? 05400001 q #•19 #12 04.1.0-002.9 041.0-003'1 a ��#�'��������' � �� � #43 #14030.0-0008 � #•18 ��' ��� #:159 041'.0-Od05 #36 041.0-0030 ` 069 O 0001'' #34 FIfStOt'IC DIStI'ICt� 03,0.0-0010#169; #159 #39 ` #28, 03o #173 #32 #175 '� ,-,�. #1.76 i 041.0=0006 041.0-0007 #34 z z' 030 O.,0012 #53 �, � �'' � `� �� Obi � #9 5 7 ��' ,�:• ;. 0026RRRRRRRRa #,'1>7,9 # #57-59 -196 030-.0– [(MVPC Be ---:Wetlands Zoning Busine s 1 District Municipal Boundary [:Exempt Lands 0 Busine s 2 District Horizontal Datum:MA Stateplane Coordinate System,Datum NAD83, Rail Line O Busine s 3 District Meters Data Sources:The data for this map was produced by Merrimack Interstates ®Busine!s 4 Disinct NORTH Valley Planning Commission(MVPC)using data provided by the Town of —I ■GeneraBusiness District Of t`i° req,`, North Andover.Additional data provided by the Executive Office of —SR 0 Planne Commercial Dev �� +s Environmental Affairs/MassGIS.The information depicted on this map is ":.Corrido Development Dist 3? • OL for planning purposes only.It may not be adequate for legal boundary Roads 0 Corrido Development Dist O - 4116 to definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER %I Easements 0 Corrido Development Dist MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING ❑ParcelsIndust(il 1 District - THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY Industri12 Dislricl t/, i .� OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT Zoning Oveday 0 Industri 13 District * o ♦ ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF 8 Adult Entertainment 0 Industn I S District �+ "'"` ' THIS INFORMATION 0 Downtown Overlay District Reside ce 1 District �i9 °++ry°���(°� B Historic District Reside ce 2 District SSACHUS� 0 Water Protection G R—ide ce 3 District ID Hydrographic Features dei ce 4 Dislricl —streams 1"=248 ftde ce 5 District 'de ce 6 District .e a esidential District GSD ASs0eiates,-LLC 146 Pain Street,North Andover, MA 01645 ATel: +r�r 976-688-5422 Web: ww.gsd-assoc.com Architecture+ Design + Planning +Interiors+ Development Consulting DATE: November 9, 2015 TO: NORTH ANDOVER ZBA FROM: Linda VanDeVoorde SUBJECT: Items for ZBA Meeting on November 10,2015 Attached please find 13 copies each of two packets to be distributed for the ZBA meeting on Tuesday, November 10, 2015. Thank you. Sincerely, GSD ssociates Linda VanDeVoorde V Y b 1 PROOF OF SERVICE 2 3 I am employed at 63 Shore Road, Suite 24, Winchester, Massachusetts. I am over 18 4 years old and am not a party to this action. D [ @ R 0 W 12 5 I served the: , 6 Spr 2015 1. Letter of Request for Enforcement 7 by: BOARD OF APPEALS 8 (XX) personally handing, on September 9, 2015, the documents described above to the 9 10 Building Department of North Andover listed below at the address listed below. 11 ( ) depositing, on , 2015, in 12 California, a sealed envelope or sealed 13 envelopes in the United State mail, first class, postage fully prepaid, containing 14 15 the document(s) described above and addressed as described below. 16 (XX )facsimile transmission, on September 9, 2015 of the documents described above 17 from (603) 782-4366 to the person listed below at the facsimile number listed 18 below. 19 Building Department 20 Town of North Andover 21 1600 Osgood Street North Andover, Massachusetts 01845 22 23 1 declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 Z' 0- 27 D TE PETER L. KUTRUBES 28 Proof of Service—Letter of Request for Enforcement 1 v PETER L. KUTRUBES t 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 FAX[(978)688-9542]AND DELIVERED BY HAND September 9,2015 Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Request for Enforcement — Sewer Pump Station Located at 146 Main Street, North Andover,Massachusetts Dear Mr. Brown: As you are aware,I represent Gregory Smith individually and on behalf of Stone Mill Realty Trust concerning the above referenced office building. As you are also aware,the above-referenced sewer pump station is in failure,once again, and completely out of compliance with all applicable laws,regulations and permits. At present, the pump station has been shut off due to another major leak in the system caused by the poor work that has never been inspected or approved by the North Andover Building and Health Departments. On behalf of Mr. Smith,I am hereby requesting that you do your job to enforce the law by enforcing the code,permit and regulations. In order to do this,you need to order Sutton Pond to comply with the following: 1. Comply with special permit issued by the Town of North Andover in December 1992 with respect to the development of the Sutton Pond Condominium Project and specifically order Sutton Pond to construct a sewer pump station serving my client's building in full compliance to the special permit. 2. Order Sutton Pond to construct a proper sewer pump station in compliance with all applicable State of Massachusetts Law, Codes,Regulations as well as in compliance with all local(Town)rules and regulations. This new pump station has to be properly engineered,designed and permitted in compliance with these same codes,regulations and local permit requirements. A list of code violations of the present pump station is attached hereto as Exhibit A to this letter. 3. Order Sutton Pond to have a septic pumping service pump the pump station tank (wet well)on daily basis until such time that Sutton Pond has fully complied with ti L the proper construction of a newly engineered,permitted pump station. Contrary to numerous misrepresentations,my client is only seeking that which is proper,legal and safe under the law,no more and no less. The present pump station is neither. It was never properly engineered,designed and constructed,and therefore has been in a constant state of failure since its construction. I await your response. Sincerely, NY" L. 144u-&4, PETER L.KUTRUBES CC: Eric J. Kfoury Director, Community and Economic Development Town of North Andover 1600 Osgood Street—Suite 2035 North Andover,Massachusetts 01845 -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)(1)). 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 .Exhibit A J I J . 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)] Wgl)lE'C Constifting servlce�jf=c. AN D-.c S1.01A"4;,;3 T Statftec June 26, 2007 VP F 2015 File: 195111296 BOARD OF APPEALS Mr, Gregory P. Smith GSD Associates 148 Main Street, Building A North Andover, MA 01545 Dear Mr. Smith: Reference: Sewage PUMP Station Review Stone Mill Building(GSD Associates) North Andover, Massachusetts This letter describes a site visit with Gre Smith on January 3 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 Clischarge pipe to burst its Wings and discharge sewage 10 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 out initial site visit. After using a Pump out truck for a period the(lischarg the pump Placed back in service. At the time e Pipe was repaired and a frequent pump cycle considering that the of Out Second visit the pump was working, albeit at building was only Partially occupied. Theexisting sewage Pump station building recently reconstructed the arbitrator da ucted does not meet the award of ted October 18,2005 in that the PUMP shed does not have any rower or, w r ventilation Or Sufficient heat designed in Conjuncti I with ventilation system to eet the arbitrator's award requirement that"The pump shed shall have, as a minimum, heat,full m insulafion, Power ventilation upon opening of the access door, Suficient It Elting for pump maintenance and a minimum 120 9 Volt,20 amp Outlet for maintenancefuse." 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. June 25,2007 j Page 2 of 13 J Reference, Sewage hump Station GSD Sewerage Consulting The proposed shed construc*and the proposed pump improvements re r .Sutton Pfd Cohdorrliriur °rrst do not inset the Arbitrator`s requirements p esentativs for MeehP;ikable rode and rA kifacturer recOrr mendalions as describe nts since they do not I ' �-Itatlon d tri the fiollowit�g; 'Existing S wa a Pump (See attached Photo#'l) The existing sewage pu December, mp station building was recent!;✓rebuilt under build Q 6. The components of the existing pump station include: g permit dated a. One submersible 24 sewa aurn r oved��utter type). Previously there had been a second pomp but it had been rre b. 36" 0 fiberglass wetwell with steel cover with open unused pipe connection. c> " PVC farce maim with Shut off valve type Fernco flexible couplings. (Sed attached� $Photos 42 and y a butterfly p#3 and Hort«pressure d. Miall mounted NEMA 1 duplex pum control ane } switches and pump control floats in the wetwefl. 230 vola single phase Hz ���,attached Photo and#6} s#5 e. Small baseboard electric heater sitting on earth floor, f. Rectangular wood framed shed cat minimal construction/seaiin cover' Bird partially insulated with rigid foam board on tt,e ceiling, walls but not the door. g covering the wetwell There is no foundation or floor to the shed; it.sits carr umbers. (See attached Photos #2 asci#4) g. Two-inch force main to an underground 3" PVC farce main from the r et ell about m to a concrete valve pit with a check valve and transition to a 4"cast iron (Dl)forceg main which connects na the town sewer In ;Main St. (See attached Photo#7)A site plan Showing the original pump station LOCATED ON THE 148 Main Street Buildin A sine of the waterway indicated that the Osgood Mills complex(now the Sotto 9 Pond Condominiums) was served by a pump station and 4-inch force main, The original pump station has been removed.A new the opposite side of the waterway to serve most of the,Button Pond Condomini on complex with only 148 Maier Street Building A remaining connected to the existing 4- inch force maim. mums 2. Code Violations The codes which govern the design for pumping raw sewage are; • TR-16 Guides for the Design Of Wastewater Treat;Hent Wrks New Interstate Water Pollution Control Commission, 1998. (Tl i0 is used w I Eng P and 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. NEPA 820 Fire Protection in Wastewater Treatment and Collection Facilities National Fire Protection Association, 2003. Title V_State Environmental Crede. -Used to estimate sewage flows for a given building use, Massachusetts Building Code and Massachusetts Plumbing Cotte 1249 CMR) (These typically 90Vem 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 CIOR );currently there is only one Pump in place, b, PLImps required to Pass 30 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-16 3.2.17) 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 1, Group D, Divisions 1 &2 (NFPA 820 Table 4.2 Raw 16 and TR-16 3.6,2). The current wetwell is not seated 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 31,1). Smaller diameters down to 2 inches are accepted by DEP where"cutter, type pumps are to The existing -inches onsite and a 4-inch cast force main is 2-inches Which increase to 3 ties in used and. irons 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•36 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 9pm. 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 Rise c criteria in the 4" force main. The intent of the3 ft/sec velocity will settle In the pipe When theY is to re-suspend sewage solids which Pump is"Off".The size of the force main thus determines the required pump capacity in order to achieve the 3 ft/sec cleansing ,lune 26,2007 ' Page 4 of 13 Reference: Sewage Pump Station GSD sewerage Consuttfng velocity. Massachusetts Plumbing Code (248 CMR) requires condition. 125 gPm for this g. Flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TA.1618),The building with 6,000 sq.fit. 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, If either fixed or portable standby power is available the storage requirement is waived by DEP. The existing 361,diameter x 48" deep wetwelf with a total volume of 200 gallons does not Dave volume available above the ori=°off switch levels to Meet the 24 hour emergency storage requirement.The insufficient size allows for overflows and backup of sewage into building and pur;tp station during Pump failure with inadequate time to respond. There is no adequate pomp fail alarm system. h. The shed over a wetwell is required to be of non-combustible material (NEPA 820 Table 4.2 Row 19). Existing shed is constructed of wood with no flame retardant treatment. 3. United Compressor& Pump Services, Inc. Proposal and 1' orfolk RAM Group Review. The engineer for Sutton Pond Condominium Trust(Norfolk RAM Group)prepared a review of United Compressor and Bump Services Proposal to upgrade the sewage pump station and determined that the submittal substantially conforms to the pumping system installation that was submitted for review and discussed during the September 20,2085 Arbitration, Hearing. We have reviewed these materials in regards to code requirements and manufacturers recommendations and have the following comments, There were no formal Plans or design calculations prepared for the pump station upgrade. The arbitrator indicated that the pump station shell meet applicable codes and manufacturers recommendations, a. Installing two new Goulds submersible pumps# O12BHF( leo such model number actual model number WS2012SHFI 2 horsepower @ 230-voit single phase, 31' discharge and rated for 130 gpm at 48 feet of total dynamic head will provide the required two submersible pumps per (TR-16 3,2.3.1). b. The pumps will not pass the required 3"solids (TR-16 8.2,3.2) even with the " NPT optional discharge flange. c. The proposal does not include a"lift crut"design of submersible Pumps for maintenance without the need for entering the wetwell and connect to force main with self locking coupling, (TR 10 3.2,31) Goulds mod el A 10-20 would be compatible with pumps per manufacturer's recorr menda onsihoweever, there is no reference in the proposal.A:shaft seal failure alarm is also required but it June 26,2007 Page 5 Of 4 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 reccmrrtenda.tlons• d. There is no documentation that explosion proof rated motors,controls and electrical components required for the wetwell are not separated from the wetwell. A1C-Area Electrical classification is Mass 1, GrOup D, Divisions 1&2 (NFPA 820 -able 4.2 How 16 and TR-16 3.6.2).The proposal does not address ventilation in this potential) hazardous environment.Any heating should be designed i€1 conjunction with y ventilation design, The wetwelf should be ventilated separately from the building. e. Tl'se non-clogp Pumps will be upszed to 3-inch and will tie into existing*'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 inshort c clin flows such that the cleaning velocity duration may not be adequate, Y g of g. The proposal does not adequately address that the flow volume storage of 24 hours during power Outages is required where emergen (TR-16 3.8). The building with 6,00p q,ft.;lour area(business use)generates standby power is not available erates�a le Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high wafer and below in the incoming sewer invert. Where is only ten gallons currently available. If either fixed of portable standby power is available the storage requirement is waived by DER 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. h. The shed over a wetwell is required to be of non-combustible material(NEPA 820 Table 4.2 ROW 19) Existing shed Is constructed of wood with no flame retardant treatment.The existing shed 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 gprn at 46'TDD 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 flaw 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 wetweit size should also provide 24 Dour emergency storage volume located between the normal high water and the invert of the incoming sewer if backup emergency power is not provided. Juste 26,200 Wage 6 0113 i Reference,, Sewage Pump Station GSD Sewerage Consulting 9 There is no documentation that the existing wetwelf is Weighted for buoyancy. 4. Award of Arbitrator Review Award of Arbitration dated October 18, 2005 clearly states that a new pump station is to be Provided. While the intent that cedes govern d t iS clear,some e of the details are aods with codes.governing the construction of sewage pump stations,mthe a. The sewage pumps are defined and are adequate for the ste,' hile not stated of her manufacturers have the same pump performance and could be submitted so long as the system is stamped and certified by a Massachusetts Professional Engineer, b. The wetwell is to be per code,but specifically does not address the issue of standb Power or emergency storage. y c. The shed is to be erected per requirements of Town of forth Andover.We feel this wording is vary open and misleading. The shed, if Provided,would have to be of non- combustible construction per NFPA 80. d. The use of"full insulation'should be interpreted not so much as a dimension of thickness, but as a Performance specification for protection against ,reezing, We believe that it was the intent of the Arbitrator to direct ' that a Pumpstation compliance with the regulatory codes and permits governing sewerae works.Whiille detail is in Provided in his ruling such detail does not override the code issues. 5. Town of North Andover Building Permit A building permit(No.412)was issued at 178 Main Street(Assessors Map 0040 and Parcel Number 0004) on December 5,2€05 to the Sutfon Pond Condominium Trust's contractor to rebuild a 6x 81 shed per existing shed(no changes). The permit application indicates the Permit is for utility shed for complex *in cluding tear down and rebuild shed of same size, length and utridth, The shed was rebuilt, however, the perrritt does not indicate s, fired abuild.. permit is for replacing pumps, electrical ang mechanical equipment. Work to replaces purrs electrical and mechanical equipment was not completed, This building permit is ex p a new permit would be required to ensure municipal inspection by building Inspecto r2cf Plumbing inspector, electrical inspector and tire department. 6. Recommended pump Station To comply with codes and to meet the orders and intent of the arbitrator's findings we recommend a sewage pump station incOrporating the following components. a. Dual non-clog submersible sewage Pumps with cutter typo impellers, rated at 8O gpm at 70 ft. TDH�(head to be confirmed), 3 HP, 230v, 6ONz, I phase explosion June 26,2007 Page 7 of 3 Reference. Sewage Pump Station GSD Sewerage Consulting Proof. Lift-out wide rails are required.The cutter type impellers will reduce the size Of solids and their clogging potential. £after pumps and ratings quid 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 runt cycle time compared an 00 Opm pump rate. . 5'-0" diameter wetwell is required to be approximately 8 ft. deep to have sufficient volume and be of FRP construction with concrete anti-flOtatiort 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 fort 30 9PM would uire a working depth of 20 inches.A shallower wetwell could be co trekted tolarger provide sufficient volume for 24 hour storage. Alternately, the wetvv�It could be precast concrete and the flotation collar deletad,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"dlatmeter 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 wetwelf. a. bump controls and alarms rated by NEC as unclassified i.e. NEMA 1)mounted in lower hallway or 2"d floor electrical room of the existing building, f, Upgrade electrical service for Pumps,beating 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 Plain Special Permit Changes/Modification The Town of North Andover issued a site plan special permit in 1.993 for development of this site which included upgrades to sewer service. Changes or modifications to an approved site plant under Town of North Andover Bylaw require the following: wwtrL�[; Jun.e;26,200 Page s of 13 Preference: Sewage Pump Station / GSD Sewerage cpnsulting Tower Bylaw Section 8.3(4) Procedcrres The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover,Town Permits are issued or withheld based upon compliance with the approved site plan. The approved site pian is legally binding and can only e the or adjusted in compliance with the Provisions contained in Subsection 8,3(8)-Revisions to Approved Site Plans, Town Byialy Section 8,3(8)-Previsions to Approved Site Flare a, Any revisions to a development that has secured site Purr approval shall be submitted to the Town Planner for review, No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories; 1. A change of location and layout of any parking area(s), signs, storage or accessory buildings,Provided that no Town Bylaws are violated by the change; H. The change in the Proposed landscaping plan which does Bylaw; not violate any Town iii. A change of degree and ingress provided the sante is in compliance with Town Bylaws and the requirements of the Commonwealth, bF The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner, The Tower Planner may determine that the revisions as shown do not fail into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site pian. c. if the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Beard in accordance with the provisions of this section, A copy of the original decision, a plan including the modifications, and a short -explanation detailing the proposed scope of work should be submitted to the Town Planner, Office of the whether the scope of work is materially different fromthe site plan approved by lthe ratan Board. Planning Department Community Development and Services Division, Which will 8. Building Permit- Anew building permit from the Town will be required to rake necessary RS. repairs. 9. Wetlands Permit.,Any excavation in this area is within the turisdictio of the conservation commission and CH 131 Notice of latent. Application with site plan is required to be filed the North Andover Conservation Commission and MADEP for reel s re the Pump station.with June 26, 2007 P890 9 Or 13 Reference, Sewage pump Station GSD Sewerage Consulting If you have any questions regarding this matterplease do not hesitate to Contact US, Thank you y o for affording Stantec the opportunitto Yu' serve In this matter. Sincerely, STANTEC CONSULTING SERVICES INC, Victor A, Olson, P.E. Senior Project Manager Tel'078-692,1913 Fax 978-692-4678 vi t) Attachment, copy of site Plan Special Pernnit June 26,2,007 POP 10 of 13 Reference: Sewage rump Station GSD Sewerage Consultin 9 fe P Photo 1 »GSD Building Sewage P.S.Site r � 4 0 Photo 2 Frozen 2"Force Main,Wetwell& Unit Heater s a ^ a : 0 s r :.s: a k. � • � f rra r.yp Jr gi .... ♦♦4 .i s ♦ i a i t i Nx x i 2 a b xlY i Q x�w Y e� k }i r Y� t r c � + . i s i i is � Jure 26,2007 Page 13 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting ,ter } �J Photo 7-Va(ve Pit 3" F€3rce Main=in 4"Check Valve 4'Forca Maim-+gut United COMO Pum� SOS SS? 58S7 U 13 DejC� awaMeofoi pump P�rYiaez im. SbWm,Wi U3079 TE11" 979-68'4.8808 60345248137 JanuRrY 10. 2006 To: Matt Z) 'VkeMan Essex Manzge 'tent l`ax: subject: Granite Building sewage pumpjnq stalion upqr Thursday 1112/06. ade TWO new Goulds submersibleparn;*it W012RNF. 2 hofsapower 230-volt single phase,3"discharge: @ 34 0*1 uAtons, 90's, adapters 40. Clint {valves and ball valve.Schedule New high-water alatrn includes buitzer alarm and warning light New uPsized control panel to handle(2)-tWO horse powerpurnps. Intlu alternators, HOA' starters/contactors,united to run one Pump at a time.des Pump down sYSteM carnPla1W SNA d Ren"Ove old um s. Piping and aledri own eleW'Cai 3UPPJY 10 cation. Cal systems. Disposal'Is. u! T red 'Mm"new Pumps and Piping. All new;3-piping and valves, Install new float Switches and run V Licensed elactrician 4res to cOntrOl panel and alarm, hired by Sultan Pond to Install pump contral Panel and hook up 211 WirirI9 and connections. Tet systernr Granite building will nol be able to Pump waste for n a rftlirnate time Ont Please h at legst 4 houm IWMA 31 Omon�' � have thern minifnize the use of all toiled ;WNMInkftd2r��,laFnio 6� us"e during this time. We Will Make every effort to j(eap the firne to a minimum and v&l J*eP YOU POSted an our progress. Please let me know if you qeej anything further, Thank you Bill. Dufton u1"'.dtt'"LtrB74t Yt4sy4�'k r k'ii rrtttl+` gt#fTtfi 5 Arai! + t"21-3Stt -It0 ,Gw/JOS :On-OOLK td i , RAM- GROUP d • ENGIN\:ENING THE ENVIRONMENT ` - 1 Srtttary 16,2006 l i Altomey Charles A. Pen ins,Jr, i i Perkins.&Xnctil,P.C, ? 13 Princeton Street,Suite 306 N01111 Chelmsford, MA 018 3.1558 1 RE: North Andover-Sutton Pond Condominium Association Scwa,gc)ejector Pump--148 Main Street Building A f Norfolk Project No. 768.001.01 l�car�ltiocy t?erl�iits; ire have reviewed theC.rratntte Building v sews ' � pttpit",g statirsn upgrade propcasW prelsarad �"v United Compressor & Pump Services 111c. and have deiermined that this subrnittal confontts to the pumping system installation that was submitted for review and discussed dj'°rirt the September 20.2005 Arbitration Hearing. The intent cf this proprosed duplex pumping s5!st`r.j is tO replace existing undersized pumps, vsives and piping, with ilte installation to be com lemd within the existing wet well in accordance with the manufacturet•'s recommendation atcl installation instructions, The approved puxnptrtg system (as outlined in our Memorandum dated September 12, :kO5') includes the installation of duplex Goulds Gump; non-clog submersible pumping system. (ripode: 38878tH"with 2 her, 230 volt, 3500 rpm single-phase motors attd a maximum draw of 18:0r.W pr€avidin; 13U gpm of flow at 4<8' total dynamic tided), 'hc pumping system is 10 be oflutttfr.- with a n_,w high water ah-Win and an upgmded control ,pastel. I`ttrthet ricare, th; nppI- w; nstalladon is to include upgrade of the exiaditg?"diameter discharge gripe and valves,wit I e . diameter replacement tine including flow con troll valves and chcck valves)to be ins Ile)~ st o'r wrcutld with"srt the upgraded PUMP)IOU-Te building. The ret-naindar of the existing 3,,pipirk treat extends underground approximat y 20 feet to the ev,sting subsurface valve chamber whew it is coupled to a 4"litre that ultimately extends 10 Main Street, is to rerrta,in i use and m4jll nal' t1c�ed to be disturoLd. The Awaris of the Arbitrator, dated Octobmr 18, 2005 indicates that "the wet to ll is tC. ak ;tcrorcirarncz w i(h ntan0f1cturerys rr;ycontrrtcadat on, State Plumbing Code and T{ i� cri�uhaions". The existt)tg 4t?" d::meter, 48" beep gbWrglass wr t well appears to ca nlal - ;, tht a tplitl2bie sectianx or the State Plumbing trade pill is surftc et-tt Cot the irrsmilatio to :: cnnVieted rtt accordzince with the Manufacturer's recommendations and 111stallation instruLaicns. :cttr-therr ore., the previsions of 310 Cern,)? I..) t00 . rhe Stene Envfr,�r rtrenrd7 Cada, 7Iile 5: 5`trtr€octet)}Z�rticrr„a;rtrers fiat the Siang, Construction. Jt:spocilon, Upgrade ford.L pa sioii 6f On- -vile .5et,.age Trrwmant and I kepi sal Sxstennu and for the Transport rind Dis oral reef” f - t,mt:t'Son tcfs koE r)*Pt.YM?at»r't rt>MMSAC:U.$P'rn Q.16tr a f 5D9 j? 43-7900 pt told a (5019)74,-3f iR 25Bwr"itStit*r"4,tar=rt.tlrr�C+T3•tetttFOJI`s,MA,s CIW!;--I SASC;75'7a, £)478-t?7b•?5081 7b•i " €r; t 'r t ,.. o-� wuv� v4,vt+P/.0 rnVhr-rlf-r IS IY ' t{ 1stt6tCf r� J31Jili ti i6,1306 P011d COM0111m,Utll,q r x, ftitnr. i szzw gc Pumping '"Jt stcr3'Inst',IILLI ,t � i (Titles) are not appilcuble for this site, i tale 5 ry u,utss tlt� siting, c;,i strucciv , aper �i4 ai�c operation Ci7f ping y'�°.1i,+c1��„ dlsQosttl systems (tom sc is strslcrosj nCt the ".51�T7;ifl$I&Ilatt��i%," aperatiort or pumping s °sterns that convey sewage to H Trun cipal sewtte t~talitxctiort s}aster.{. l itt;ll -, is outlinedin the lvlen7arandutzt and i,w „ J usced St the Arg}itratiol3 �Hewjnt. Mt Fire Wi)iest, Smtar uReritttendent for the "lord of North Attdove tits indittatcd that tits sewage conncctian for 148 Main Street, Building A is a Waisting pOnritted toss taid thatno ttWv; Vt I� local sower permit is necessary for the ul)wade.of these purmp"! systems, � � a��a. ti}au J10vC anY gUestions, or rewire ant additional information,please ice; free to cartac, ;,1, a, (aftb) 7,4i.790C,extension 130, Norfolk RAM Group � Kevin P.Klein,P,E, t Associme Copy to: Mr. Mitttheiv B. Dykeman,Essex Maratcrrtent Group i Mr. 'Bill DuCtntt,United CoMpressor and Pump Services,Inc. i 1 r i i i I i I I TOWN ;t b. bk3« gqf �.*t Any OPP901$hail be tiled within(20)days after the cute Of filing- Of this Notice Yj}'t4Mz#i� '���.�»...a.•.7� wwl" In th6 MOD Of the Town Clark.. ROTI CE OF 0 E;.;S10 to Date....Decar-her 22f»1942er » »• } .L r{ :�� � Apia €t[ lie�rtg T�eceziaer.i , 1492 t fa44 �6rr!1w 7B y,, t t• [ , s r -s; t'it{inti;, f „91) )AC I»tike y1 }'; �l`fil�'',.°,'<•:[ 4�.t ir�r�rls.t.sa.cs/r�».�.sas.e::�Y,ls. ""'� �r�?Eri Stt acted ,West: sida�tsf EIeNl ..,.» . .$'t Street Aeterring to the above petition fox' a- spndei pars:ft fzYsm the requirement: � Or fire Kcsrth kndover Zonin 8 Iav fiectio � 1 .. .« ' Planned J3ays.lomrttt bt i get as to permit ..tisk reixsus rsf a 5pscial Permit in order t:o;cae £arc the roi:pt�uccpcsx x�l.the,Oapocd,tt£Il Prv�ea < CON AMITIONA LYttar a pubiiccsring Hive an t}ia above def$} the Ftnnrtirig Botrd vtttat' to A;PF?tt1VPI,,r 1 1...the ..SPECiAL P�1t�I1 "moi x i� based ucan the f`c.ilowing cotatiitirasta; f. cat Dirtetor of public. Works . &rs£ldSng I'nspcacor Conservation kdmjA,#Az- �a Mc alth Agrnt Assessors Signed PaiLue Ctt£a • Fire Chief �cxge £'�ssv�...l tkAA,= ,........ s Applicant 1 ° File ..,. lacerested Parties .i zzs': o� ••..1. ............. . P I ti g titir`ti• ,.. n3 BR 367 •I 'Kau ap,r� sox if Duvrmw BUILDIMtyM..+.r; T0� of 120 haft Sizes%0'3',x•.- ccsx�Rvtn�}� M Y DEVELOPAMNT . i3ecemksast 22, .1432 Mac. Daniel Long, 'I6wn cle.k Tos,m office `Build.ing 120 Main Strest North Jindove.r, 'MA 01945' iter Osgood MI-11 'Planned tnevelopzet t District pDD) special Dear Mr. Long, The 11 rth Andover Planning Board held ft i Tuesday even{n Dec 4r em}asa' I 2.592 at: &.Btu• �tbliC hearing cry Office. MeetingRoom ' r p �. in the Town ' BnstOn 1" i. w upon the, application of URDAC, Inc. o and a3ubasequently 'continued the t ceaabaas~ . lg, 1.992. The hearing was daily uadv itis dblic o in n�he 1 Z�aWrer;ca: Eagle fitibuna o�n November 1.6 and Movember 23, -992.. Parties of interest were properly notified. The toX3tssairro membsrs were present at : the Dece"a�r 3, 1992 meetingn .7exseoi�. t4ahcney, George Pa�rnai Rowan. r .johan Draper, John Simon* and Richazd fide Petitioner see},s a Special Peraait tzrncier Sertiara 31_ � P1�nne I l3 sr. 1- I I - !e " t1i (the 11zonin �► Of that ,North Andover Zoning Byla%,, I ' g liyla�r }, governed by section 10.31 a4nciltionsn- pezmits a fixed use This section Of the Zoning Bylav permit. an Industrial.-S District by Special f As indicated in a gotic.a of Declaalon dated Septarmber 3, 198ss, recorded with the Essex North District Re fat Bsas 2111 fi r Page 167, the Planning Hoard issued a 9persiaof epex-mit to allo the conversion Of ts.'n eXist�n coanstruct'o-% of Live meat buildings, Into I.98 rc�sidentialghs�usiand n � k unIts and an Office/restaurant facility of El= Street and known as the Osgood i.,ll crlocated xnthe .aiziest viii Of reIII alas Znduetrial�s Zoning District possessing 13,Z acres de hand area. In addition, the premises is locataad n9 the Yawnes � designated Ccmmarcial . Area Revit&l,izastion District the Ws Historic mist.,,*..icw. Construction authorized xeferernced` Specder the above ial Pen~l; Was discontinued before tithe Osgood X111 I CcrmpleX Was 'completed, aazd a fi Spacial Permit, ase uc+l1 as the �o fated mita ria arc is sen whether the the Otgzsad gill o glex, arra still in :tall forcepa►nd effact,- for • e..� _ . .fir Li � V i � •• . . r. 71. flstf €a rd Kill Cr�xsp�� The purPoab 02 the �'�t8EtP2.�`. Obtain 5 now Special p,P Sge�ial, Parmit applice:ion :c mill 0 1, in order new exp ata Atha partially definitiveW411 As ��t�u� ed �scc�i Hill c� sit mpla�r.. The naso # jni-iVo site � .,n,. Plan eratiti.ed• "Sita Lu a�t�t Plan in Be' ��s�w� An4over HasaalChu$attaa f I SUttOn Pond Conda2StiriZor j*,J 2#0:� P.C.) scala* 1n., , '' prepared by iszxr. S b ci2er xasociate; 300 295, (that "plat,") .datad Nover�bar 13, ZSt92 t revised �tev+szrb The rollasw rs December 1Sa° Uezbere ware present: and voting t;;d8ci$iont a000h ng vha n the Board rondereac2 `,:lie Simons I raid Richard A wan,aY Goo—.go a� Jon Drapa. Upon a motion made b � Draper, the Bcsard voted unazni ouely h nclos n seconded by �:, stir +approve tha petitionerars Special Pa�rmit aPPll the atirnc heari for a plar�rsed bevslop�nent t3f�ttr'ct (PM) for the 03400 �a . Complex. . Attached are those conditionsc, Sincerely, NORTH ANDOVER AI.�,2Tt#�ttir �DfsFM eaarge D rnal Choi trar ccs t irO for of Public 'Works Building Impacts Conservaet'" "min.istrator Health S&nitArjacn # Assessors Police Chlat Fire Chief Applicant Engineer File ' 8 '93675 v.q lM� Osgood "rill Project Special efmit, Planned Development District The 'fanning Berard herein Approves the special Permit rer�usste by trRDAC, Inc., submitted hIcsvembe 13 Inamkes the tnliawiru fitted zx,e b 992.� he planning Board Planned DevelopmentDistrict re ardirar this Special Permit tsar t ,and 10 r 31 cf the North Anda er Zoning Bylaaw. (PDD) 45 required by Sea,jons 10.5 A. Than apecifia $its is an aPPr'opriata ldcatio, tear :such a structure or conditions use, • The use As ,� ,... neighborhood, daavel oped will not Cy There will be nes nuisancO car saric�us hazard to vehicles ' pedestt$dans; e:r D. Adequate and aPptopriate fac hiss will be provided for :he: proper operation of the proposezi uee; E« The Planning Board finds that the use is in has many with tht general purpose and intent of this ayjaw. The Planning Board Also makes these findings under saztion ,< . Of the North Andover Zoning Sylau that this P.DA A. Does not detract from the livability qualities at the environment., and aa$ther:» S. Ia conmsistent: with the objectives C o" Promotes m more the cr ing Bylaw, natural saur:earise of ltrl whiisprotactlnT loodplains , such au water resourcas, wetldnL, and wildlife. D, Promotes diverse housing at a variety of casts, E. Centains ingress and egress for tratt:ic flaw thaat is designed properly so =hat there will be no ee fgus ha»ard to vehiclems or pedestrians. F'> conta,i,ns Adegua e , arkin f $tract is in the d .elop snt.c l�Ses fear each uda as s G. 1s designed so that =tJor taell.i,t es` aired functions a:=e visually compatible with the haraactiristies. natural and lei ato:icel 1�• �"Sl rtct, adversely a nett the natural envlrzanment its red detriment of community character and public health sand safe-.Y*' ri.nallyr the PlArmiraq.Board fiasda that the ppD complies with fiaavn ♦ SSS 4 ` et s S l�yl:ata requirzaz tints eis lan csre� met: g as,the roll.owing additional condir:or, 4 The, required d o 'onatnrsration dorm sett exixacsess srxhal.l. be Cony YOd to tht On cargatzalzrat!onr car or to a nczn-Prcoit ccnae3zws�ri� Persons reepunsi.bl.e: .tcz: corporatione I�Drsnd shall betrusrepresent-inc: conservation restriction ae required r+��i }� protected by Suction . 9s Tor crr ao re s G.L. Chapter 4U, developments. The convs anc$ t3saPan .s P4,0 ben s:luat., the Planningerm sSt;�tf to 0vlew prior to the recording Provided . Special �'ez�ait, �3 t 2. The applicant aha ll, comply with all �ortlz of clic Works Rul.e►s ani, lac Haat"ions. AndC+ver t3apa��,enw 11 My Action by anr�thsr 'Town Board which requires chanao-. the rnadwa;y, -. alignment,, Utilities, drainage ?2acemsz t zat any easements or -cut lin, subject this decisiongtolmodi.ticatic�nnbyothe�Planning"'z,Y 4. The property owner shc2l -use t:he "prs�pcta$e$' z"#gh `n� wad.: air shams rosy the plans titled.. Sit4, Layout, Date Issu.ed.; kac�, 13, 2992, Revisions: Nov. 30, �1q1�, Prepez:ed Dy: Rer.�. Schadl+er Associates, 5 Waterville Rd, Farmington, c,-" oma (hereinafter :"Plein'*) for ingress and egress to the r:i*zf. The Property Owner shall continue to use this; right o., tu:y as it may be nodit esd over this Bric caxileai, Ash the future to acceakstone property, s;•~ s directlyt".h@ Sutton :rev, connector, once it is constructed. ~ All llghtin7 Within the site and the right o I I way sha'l be as shown on the Plan and shall be consistent with lighting on site. All new signs shall be approved .by the Town Planner and mu-w hove` a sign permit as required by section 6 of .the ayla..r. 7• The Planning Board c spaces as shown 'te» ttaePpl plan The PlannIngmBoa d 281 i,n�a�thi number tit spaces, although minimal, to be a+daquata, Ecr -ht project as approved. Twenty spaces gill be designatez, end marked for visitor parking,. The appl.i handicapped spar es as cant roust provide a4 required by aPPlicablea ers'tasve and t8desral rules and rauula,tibns. B The water installations -must r; regaa�dl reg cross-connections. cozatoraa to `10 t7iR 22.22 installation of back flow prevention devicessPlans wat su hing ��rossed cross- approval. must be Submitt:e:d to D.E.P. far review and s p♦ Ging inspector, insthlla':ir�ns must be approved y the plu� ang lrespactur. S The applicant shall adhare- to the f02it�+� ng rez irsmentsV o 0• than hepar szat tit Public Works: The applicant Will connact. tha new vat.et main on the Osgood mill �site to the recently, installed water main on the ltrartfi, Andover Mills property. ill unmetered on site grater zains to be used ror domestic purposes are,. to be abandon d. b. The 'sawage Pumping station and collection ;system should he inspected and tested to.detarmi.ne Conformity to they appropriate regulations and specifications Of tete Divia cn Of Public works. A Crest eeue.r con�zaction paxmit Ccrntraol Produced from the Division est "mate: Pollution Of the Massachusetts department of Environmental, Protection it necessary. C. The existing punp station adjacant to the office � building will be demoli-Shed. The applicant will install an individual grinder-ejector pump to the Litt stat lon � at the courtyard loc:stion. 10- The applicant .shall adhere to`the toilcsu;nq requiraraanGs. of `hs Fire Department a. The Fire Department must be conractad prior to the installation of any underground tanks. b• copies Of the completion csrtiticaites for asbestos reaaoval 7AUst_be t0rvArd6d to the fire department. N C• Tho automatic fire spri,nYler systems is required to ,tae finiahed. The: Fire Department Will VOrk with the sprinkler contractor to modify exiawinq but partially built system to comply V h applicable firs asafis y. calaztR i. all the instaill.a,ions mint be inspected' and tested to see it the f l revs will " adequate. the connection for the, sprinkler systa=s Pro-'eztinq the units and adjacent hallways shall be corrected by the remo;ral of ,he separate aprinkler shutoff so that there is sprinkler at only cnar sawt for. bo h the domestic at water. the sprinkle;: contra--tor shall review tha entire: sprinkler protection system with the ire chief prior tc the start of any work on any existing or new syrstams, d. The dry fire hydrant is to lea Maintained by the t property owners. It, auust ba tested by trs fixe x •1�ey 7 , aiaypasxtsprpatt and repairara! by tizac property asanas ac, Theacuttsmasticx stora7a a re,^-aaaa cnsPtr'inY. ar aayastes� Ustd to pro=t�::: `spa accaardancat With lcs�aar >*lracra»a- mus ,be Jnastasiled in direction-or the aPPiicabl o, fir* aaftfuty cbdaaa at ttaa: tires dataa asa> t. • Fera d*p&rtasant„ ataandpipaa ac aateme, a xesnrsectiesnaa liras r4quir'sd an tnc in ACCOrdatsoat yitll.''13;ias9 st-andpipasas must bf inatat3led The fir*-4aapaxtm nt Villthe a�pnrk ira conjunction withire vadat" aatasraa3pfpe contractor .tars i.nauraa that the proper ai8a~ptu:� and threadaa are installed ozs these daviceas. The fire sprInklar as building must b� asai �i3�� in the stony �tintssYarce 'change in use mf Y Property owner, Apt- . another use rev building tram Ma.ittenance !:o aatzst be rs�eewed by the fire department. h. the Oxiastin g fere alaarra basx, located o this :old mill must be removed. � ' nsr drip alarm box and reeac.a: rstsaausac!astcx' a:he►g was inata,l.led,at the far right courier est the existing old Mill. This tires alarm box and raaaaa dal old shall service all .the f rs a»1a nd . devices in the residentiazl, c,,P,,,. 'The aaaasixa ti as ala= control, panel for the complex shall baa locatedf' in r_-�. stairwall adjacent to the fire Alarm bust;. i . The— tires pal aaa:m bytstazm cotta Ondntss installed anataat be inuPescted aand trap eai�thazt have as»^ A fire Y following alarm aya;tem pros- be installed utas ,- 5 �ippaan,•: i• hArd-viraad amok* detectors in nommen' areas ens hallways tied to the fire 41*rm central Pant and ztAnaa indicator; ii. each unit will h4`VQ smoke detectors as required but' xi.11 be Only for that unit and not coraaiecter to the central paxnall e double action pull m atastis�n shall be i rss a?leap witilli ► eveest of exterior loos from areas; ry exti as ozssan f+v, ars, exterior Lidi-cator light laced on he cr�rner of each section Of shall buibe ldings t< Yin total): Visible from �e courtyard to give ire apparatusex sts !cams. of the prdblea as r3eso~ibeQ . a: the �s:l.stinri° �s3.aris. Water flow ala= for each sprinkler as s,,., shall ba installed. These alms will not *:-!,vats• the master i* .h1'8 al nl'have box. it The system protecting the storage conte have lts flow switch-. contacted to the main control Panel and tha activation tat that flow sv:Sm till, trip the m4staF fire alam beau. t3. Prior to a Cart:ifi,cate of otcczP"CY being izsauadz rcr Batsr4a in , ire thu form Of A Passbook* or Tri -Party Agreement An amount to be detar!Minad b Tiepaftznsnh, shall be o3ted to arm bythis Lconstru ion rcrtd/or coz�pl8tion at the right of gra acr BriCkstone property as shown an the record plansoss. the b, The $ppcarat is to conatru "ca provide a final as-buili- when is completed to be approved by the Ds tment of Public ora and the Town Planner. 12. Prior to 4 Certificate of occupancy- ' the last of thea five 5 dg eicag iasned for owner must canrtruct .ciao additirnaielevrztmr as shown On the buildingthe Property p,tatzs. ' 12. The applicant must 'Comply all Masac building codes and abs� lthpermits a and husetts St Stat, required from the Bu4lding Department. as 14: 'There sh411 be no burying or dumping of cons;ruc� a 'material on the Oita. .�a ' . Thecantractzxr shall contact Dig Safe prior" to coamza,enc,ing any sxwauAtion, at least 72 hourz 16, Cas, telephone, Cable mnd £1�act installed its specif ed b fie Utilities shall be Y the respective utility csrzttpArtiea, 1 Any Slants, tzeea or shrubs that have been irroorperated into the landscape plan approved in this decision that die vithira orae year from the time of opjanting shall be replaced by the applicant. 28. Any demolition Of stru,-tures and be as shown on the Plan. clearing�ring Of material shal> 29. Only Sing ss a:cess to the property shall be a rams way only ingrsss. The access to the property from 1119h Street man de be bath azo egress And ingress 4crusa the right of way as descs had ort Lha Plan And au rerarencad .in Condition � L, �tpr The one-v,ay "cess from Main street tea maint alnod by the 0%nar, propertythproperty is to be 1. Any change in 5 u aaaintcnanas at the stens ataintOnan- build ng t- o to Another uea ;is subject tca Planning Board. the review of the ' 1 , x f . .•f '`} «W to o . 2:2, Th* -anstrtzcti.on o "!"16r 'mho wuparvislort Othe Ru l F nt+�rjI cad tha hui.lding shall ire, 23. din� Ins ectar. K1.1constru:tion shall Commances 'within tiro 2 the d,`eta8rsOtrrtO�hjMizt 'approval nnd` shall, be coZ les ed �thir; t4�04COPbOr22, X997. he da Of this approval. � otspletion to�he 24. �g p'L`bv i�ai..CsY18 Of and be bi.rtdi7trld. thin conditional Approval shall a ndce Successors binding upon the applicant apply to assigns in intertest cir to 'Q Zcyses and t1l 5r dec following plans shall be considered as art t , deaci;aic�zt p o� �:a.c p.lar s-tntitlad a . Prepared by; Osgood Hill Andover, pik Scale: Ols, Boston,, MA bated; 3f " 21-0a April &, 19f7 ' Sheets. C3-c8 - C1:ttil ' Sheets DI--D1t3 lcatitin Sheets AO-A23 -- A.rchitactural Shefsts 5159 - Structural Sheets Pl-PS Plumbing Sheets M1-117 - flochanical. Dated; 3/17/87 Revised: 4/1/87 SheetsEI-Eli - l ectrlcal Plans zntj-l.d, The oagood Mill, North . Prepared byt xataraxzc Design Andover, HX 9 Hills Avenue Scalot Z Kyli t'3tS S Dated-. August 3. 1987 Sheets: 1 Dated; Ntsvez-s+ar 11, 1987 t Shheeets: 2 - 2 Revised by the tollow.#ng plans: Pl.a►ns Entitled; Site Layout Sutton Conduit nitiza tto;th Andover, HA Prepared by, Henry schadler Xsuocj&t,et, P.C, 5 Waterville goad F4 min9tcan, ar'I` bS 2 eviz t R ' MOvetaber 1.a, 1952, Faevis�ed; November 3o, 1992 Y ' 7 , 3 . 40f AS-Built sit& oe'6�&'OPOAnt Plan" Prepared for RECOLL kanagazent ^Orpora«.ion Scale: Dated; ' August 19��' Plane Entitled Plantilsg Flan y Button Pond Condozin Ama R*rth Andolva r 2tA Frapared by,. Henry Scbadler 3s ScatRct►levs sOtt vOmbar la, 1992 s: N*Vavbe r ani, 2992 S oa: Director of Public works Building lnspsc°tcr -Conservation Administrator stratra: Health Agent Assessors Polis chief Fire Chief Applicant Engineer Fila O G{OE.D n r Al"E"'C, AIM,#iRA 10,N`�.SIDCIAr)ON Cncrstructlusr ArbitrStion Tribunal Ili the Matter of the&bitration b:iwecrs: Itc;.i 1 I JO 001040 05 O gof.ySmith,"i`ritstet,orstone Ud Miliitsait Trtsste-x,Sutiau I=vnrd2t: Ccintid Trust AWAJkD OFARDITR,, QIP i' THE I.�7+tT't.E'Ml'aNEt9 AI 37 hTE} entered in*beswrcta rtes abav M bavhlg b""' dell tt44 ih ucnard"ce wltb tic.artsiu�ai sen baviig ding hcurtl g3tiOns of the ar�ti�o h be~bl, '20'l, and having beeii daly swots and Ilia pr�ao�artrl atk i• Claimant is fa Y,�,ns follows, rrait.ta tutd to haus breached the 5et(drit°ictrx Agement a awed by the.Coign in � ririn1.m.T M,'Canda Vap��indivlditail gild Candntnitaitagrs rstRtEssex Y as tttater;�ofth Stone ass or t"rcgary . tcrttcat�txa exrt b 4neriorCouxz Civil Arius..r4tmlbei 9a.QC96 , 1I l Trast v. uttto Pant! cion$`Yid bra Gans g 'niiow R espt9iadrncs to install a t+it#ilrac sww - speciFta,Claimant has breached lir_ Sevmotion aCn sed to iaotue iho same. pump system with an el" sgstcur, T`ae Arbitrator crdcis the PWVh iutri instaliauvti Of two 83"Hf lit detailed stir}sPtcifsect;n (2)Moulds Uch-clog sewer cjeeusr pumps,l crdei i'Menem ,efaimsr slactr rp c in "ondenis'�iu`bit?9,instal d in a'duplex" rrrunicilaet system in accordance, $and vjalvvv as rgetticnt with once with rbe 7'b d' grrtttrtd and designed t. instatlrttioit and operation at'the s t ivrt's r uireme good ensift ntr °discharge to the t ormnanwcalfh of Wfts�►�st � �and R g l .tics, I by ys seri shell. a«c�.ifitxl b a t` make 3'ntc res. Ttrs Arbitratar ark$s �.i tisrtl prof..lorml Engineer, .. riuptcx srawg c aty changes to Claimant's'electri �ondeit s to sitter Clastttnttt'9 facilities and Pntrrps,contests egad nia1' . t{yttem to ptavrde ills necessary pourer fm the new �' tXcl is b*-' Y#*wor atmzgas ittust be at the convenience,of Claimant. Rogutatlans.' "t°mccardancr-illi nt titactttrer'a fecormn r datiera,sou Pluttibi ng Colo and Tirie:; 7ha AlthirAtor hes dt temialyd 6�,p��(�N (! ' , "W an t rsrniwiry,d tt Cit it'ti dei':P rrias do nor meet Clsclrsiartt',s aceMfD era bits tartrl s3tr sl, tion that.Cia rrsan 't "Grinder,,Py pµ,givcp deer d.. t atcc acid option. eflYueitt•sfatlwut"r czussit tso►rar�ep Pb+ conjasmution len mt$uz eta/ ase 8nd es eP,-asking vfiho 3 gam,viz& d'low VOi*e`ity coutti bavw Fwiniea lar the disa;,igc plea, tsw dlastrtrctitatt At bss pin, - g to"riissva nlattg'-F rroi p g within Ykrr s or-club ptinp` t:rrzaaeriai ciischargt would be+�e a sCtCeraanGe eUsts relar,cst,patcuFttd t �3rittder �: usf£,g a sigxti can beard Y agar the the Year ResPon l pr have;known signifldats cu an Ciaiatrtnt t a tmtu day. P dctat a rraairitcmarro :liability'gxe=ea; ?bac Aibiaatar finds that tyre Alatsachu'sett&5xa PUMP stash,beamd or otherwise sores trot cbjut under the Co to Sariitfitt Cahn 80 CXX anti is Ordered'10 be e � rrscnts of the%owri Op o teotaci in comptiatsaa w all at-d at AadOver.. Thr pu #z shcsi shall have,as a tnirrr zcc=dol>r,sufficiaant it tttitt t* trt.:tir+r� aaaalrrteunce g €vf th-pimuta Liza t utp ma ntcnznec u''Wzr'vandiatiari itlaart opetsirag rsfttae tzarnrmurri L2il volt,20 amp outlet far i. ROboodcatt an tGlrrtd Ia t a"Bair '74 toady ve bm-nchtd the S rtloedlttg seen will criicnt Az�zaeat, dascribed in itctii i, uitiiout OtastrtrcAlo ing Llai' tsbait have the fight i a rrwc t2iuttlac urrvundingv,,Itaadittgrrutinadirh a ti tlfig pro iuse and (JOd tO trtca �suimblenLv wr :ink' ioarst s g Petlrira urs riixkvtie$suiGa6lenrk tt h as arc nwubered and dtdicat l £ne Arbitc tOr r to the eotxrtrartiitttun res,�rscs. agelo;n r;tCt3I'f� Tim, oc.t.jg, .,34p)i 1 NJ ist else • °tatter csf tltt rraitrxt#ion bt:rtve_rc° Re-'l# iME010400S Gregory,•Smith,Tsustce Or Stoat Mill Rcmity+Tttt� and i itsar t" S"On POOd Condo Tmst fia�csnontietrts" AWMw OF A I TR,ATO;R The Afbitrator Ord=R=Pondmts to create a p ;�g slit Within 41s Proximity sit c#r.�igztatiuu �$ 5401M Ute EXhihir G'..1b.- pwposn cf tisrking e scrVict vehicle fox access u:the rear raMalm4nrl bwl4jnr, 3. 'rho Arbitrator funds too breach of the Stttlesztent . remo�ai, The Settlement enYent rit=es not decdPermanent a3;deaerlbts{is items I in regards to�siting and = esii{naaes un a==for the short-termAee went location fnrthte trash container.-, �xtStttrCt='�=a pmjecr. but only 'nit ArbitMtor orders 04ituant to piaec the trash ,ate lncty effec iat hie d_ rMe maiin�ss of Krspossdertts'I} pesxy. All coodidons-regardin €itis is tle inothe tint trirstructit n to t: ,Y tt iul} ;r Agseemcsrt As txstif)ed to,Clairrta tt has Ailed the Sculrnsent Agree-w mtm The et at list Cl&�'-urr tet to adjust the Li i;tltx�ns t ked i4 P ph S 0' urea.clock,sppcificall when tis Arfrin�cor nrEi s irl4ibnattt ter pt oxide dtsc dw9m"in maintaining the Operation Y is a bower outage and dayllghi.savi€g!tjM4 4juSutnt nU. u e bluator reiterate s t6tc fi>ztirngs of the coutt i 99=f1 l 9b�artd Clttixttz t and st regattas fhr"Scttlemr nt Ages rxneni",civil action numbert Respond,rtts to cOQperatc.j�,ir►t#y,allcs,, c.ss Clad a€rt=s leas PMper'ty in order for kespoadetttc to efrectttata the term..Of thL-Girder: All letcal fees shall be the burden of the respective sl taL.. 'hies adtninistradve fetes ofthe American Arbitration Ass �'Ocnm of Lht:aroitsator totatit= S aby the xd S2,1 o .00=d the z~omponsation and G &4212-shun be bamif by the parties esluat#y. 1'ttls h wsttti is in ftsdi Settlement of cell t leims and tauetrtt ixitttq Submitted 10sktis AzExitratiott. All ciurns seat CXl1rt sx#!'gmAled itmin Art h0ftbY$dcniext. Vttlicin =U ed tharei A.Vrge ire,do Carney ysgfupon My vads as Arbitrator that I=ren the i0 dividual�scx bed in arse#tvb<, �cecartce this issstrtlratent,wlfah is ray A�-ard. _ .Rchstzt ftVts3l irz :. . page 2 01,2 ht'tivtu iipe Oct =3dP { � •�f ri, f'�.� f f�'Ip a +� �` (�1 iC3N W3 *--ATF0i4 cow coNe- GATS t4 3)PIS .. ', b ' Wn. 4r ' + I Y o,t,, I r,� ` 41k- GRASS rr s k » F A. Ae- ov T,���S •. +'.�'�..y"�'.' .r. »,�.., !I'VE at�yq -s, ic so YD TE QFP }icc RRAU " ' YAU GRASS i -�sj�K�� s�aa�'.r. �'�� !.r �•��yy/ ♦per' `� i•1 off`;� �. .. . oO YR,f . 41 UP v QA I lb TOWN OF NORTH ANDOVERwD. POST 1 0 STARR Emily S.Starr PC Starr Vander Linden LLP Charles E.Vander Linden 625 Main street VANDER LINDEN Laura Silver Traiger Fitchburg, 01420 tel 978-345-6-6 791 A T T O R N E Y S A T L A W Cynthia A.Brown fax 978-345-6935 Seven State Street Worcester,MA 01609 tel 508-754-8882 fax 508-754-3639 October 15, 2015 Albert P. Manzi III, Chairman North Andover Zoning Board of Appeals Building 20, Suite 2035 0C T i 2-6 5 1600 Osgood Street North Andover, MA 01845 WARD OF APPEALS RE: Appeal filed by Gregory Smith First Hearing Date: October 13, 2015 Dear Mr. Manzi: Please be advised that I represent the Trustees of the Sutton Pond Condominium. Although Sutton Pond is not a parry to the proceeding before the North Andover Zoning Board of Appeals ("ZBA"), it has an interest in the matter. Sutton Pond hereby formally requests that the ZBA deny the appeal that has been filed by Gregory Smith. Sutton Pond believes that the appeal must be rejected based upon both the facts and the law. As I indicated at your last hearing, Mr. Smith has provided information to the ZBA that Sutton Pond believes to be both incomplete and misleading. Sutton Pond is convinced that the Building Inspector has carefully reviewed this matter and that his decision should be upheld. The Building Inspector is the Zoning Enforcement Officer and his decision is entitled to considerable deference. 1. LEGAL ISSUES Three legal issues deserve attention: (1)the statutory limits on the jurisdiction of the ZBA and the scope of its authority to grant the type of relief sought by Gregory Smith; (2)the 10- year statute of limitations for any claims seeking to alter items were constructed pursuant to a special permit; and(3)the deference to be provided to the investigations and decisions of the Zoning Enforcement Officer. Consideration of these legal issues requires that the decision of the Building Inspector be upheld. The issue of the jurisdiction and authority of the ZBA was raised at the hearing on October 13, 2015. The complaints filed with the Building Inspector range far beyond his jurisdiction and authority. Similarly,the evidence presented to the ZBA included everything from Albert P. Manzi III, Chairman North Andover Zoning Board of Appeals October 15, 2015 Page 2 alleged board of health issues, conservation commission issues and permits over which the Building Inspector has no authority. The Building Inspector did not have jurisdiction to address many of the issues and the ZBA simply does not have the authority to grant the relief requested by Gregory Smith. Mr. Smith may be unhappy that other town officials and boards have not agreed with his allegations and accusations, but that does not enable him to obtain a remedy from the Building Inspector. An appeal of a decision of the Building Inspector is limited to actions taken related to zoning matters. Chapter 40A, Section 8 of the Massachusetts General Laws expressly provides that appeals are limited to alleged zoning violations, i.e. alleged violations "of this chapter(40A) or any ordinance or by-law adopted thereunder." In sum, the ZBA does not have the jurisdiction or authority to grant the requested relief. Second, to the extent that the appeal is based upon alleged violations of the 1992 special permit, any such appeal is barred by the provisions of Chapter 40A, Section 7. The statute provides that any attempt to compel the removal, alteration or relocation of any structure based upon alleged violations of"the conditions of any variance or special permit"must be commenced within ten years after"the commencement of the alleged violation." All parties agree that the configuration of the sewer connection was installed in the early 1990s, shortly before the Town of North Andover became the first tenant in the building. Thus, any attempt "to compel the removal, alteration or relocation" of that system or any of its components based upon an alleged violation of a condition of the 1992 special permit is barred by the statue of limitations. The final legal issue is the matter of giving proper deference to the investigation and decision of the Building Inspector. The Building Inspector is the Zoning Enforcement Officer in North Andover. Where he has conducted an actual investigation of the facts and has made a determination based upon that investigation, his decision must be upheld if it has a rational basis and, in the exercise of his discretion as the Zoning Enforcement Officer, he has made a reasonable decision. II. FACTUAL ISSUES Sutton Pond disputes virtually every claim made by Gregory Smith in this proceeding. Smith initiated litigation against Sutton Pond in 1999, which resulted in a Court Order dated August 4, 2004 declaring that a Settlement Agreement was the final Judgment in the case. The implementation of the Judgment was the subject of an arbitration hearing. The arbitrator issued a decision on October 18, 2005 and two later decisions on December 6, 2005 and May 12, 2006 to clarify his initial decision. Sutton Pond has taken all reasonable and necessary steps to implement the Judgment and the decisions of the arbitrator. To the extent that any work has not been fully completed, it is only because Gregory Smith has refused to allow access to his building or has placed locks on the pump shed,preventing access by the contractor retained by Sutton Pond to inspect and maintain the pumps and other components. Albert P. Manzi III, Chairman North Andover Zoning Board of Appeals October 15, 2015 Page 3 Sutton Pond has no intention of attempting to re-litigate in this proceeding before the ZBA the issues that were previously raised in the litigation in the Essex Superior Court and in arbitration. Nonetheless, since Gregory Smith has provided incomplete and misleading information regarding the history of the dispute between the parties, Sutton Pond is providing the following documents to the ZBA as a means of providing a more complete and accurate history of the matter: 1. Denial on August 30, 2002 by D. Robert Nicetta,North Andover Building Commissioner and Zoning Enforcement Officer, of enforcement request submitted by Gregory Smith. 2. Decision on June 14, 2004 by the North Andover Zoning Board of Appeals to uphold the decision of the Building Inspector and to deny the enforcement request sought by Gregory Smith. (Smith litigated the same issues before the ZBA in 2004 and his appeal of the decision of the Building Inspector was denied.) 3. Court Order dated August 4, 2004, with Settlement Agreement attached; 4 Decisions by Arbitrator: October 18, 2005; December 6, 2005; May 12, 2006; 5. February 10, 2006 correspondence from Attorney Charles Perkins to Gregory Smith regarding non-compliance by Smith with arbitration order. 6. September 7, 2012 certification by Kevin P. Klein, professional engineer at Norfolk Ram, confirming that the "pumping system has been engineered and designed to discharge to the municipal system in accordance with the Town's requirements and good engineering practice." Mr. Klein also noted that some additional components for heating and ventilation had been installed in the shed, but the installation could not be completed until access was provided to the electrical panel in Smith's building. That access was never provided. 7. July 22, 2014 and July 24, 2014 correspondence from Vander Linden(counsel for Sutton Pond)to Kutrubes (counsel for Smith) confirming that Smith had taken possession of the pumps and related equipment by locking the pump shed and notifying Smith that, as a result of his conduct, "Any obligation of the [Sutton Pond] Trustees to inspect or maintain the pumps has been terminated, waived and released..." In addition to the facts set forth in the above-described documents, Sutton Pond requests that the ZBA give attention to the following facts as it reviews this matter: A. The first tenant in the Smith building at 146 Main Street after the sewer pumps and other components were installed was the Town of North Andover. The Town must have approved the construction before it took occupancy and have issued a proper occupancy permit for the property at that time. Albert P. Manzi III, Chairman North Andover Zoning Board of Appeals October 15, 2015 Page 4 B. Smith purchased the property in 1998 and must have obtained an occupancy permit for the building, since it has been continuously occupied since that time. C. A comprehensive settlement between Smith and Sutton Pond in the form of a Settlement Agreement, which was adopted by the Essex Superior Court as the Court Judgment on August 4, 2004, includes detailed provisions regarding the sewer system and its components. That Court Judgment provides that if either parry alleges that there is a violation,the remedy is to pursue the matter in arbitration. D. The certification by Kevin P. Klein, Professional Engineer at Norfolk Ram, indicates that the"pumping system has been engineered and designed to discharge to the municipal system in accordance with the Town's requirements and good engineering practice." (Exhibit 6). E. Gregory Smith, by his own conduct,has interfered with the inspection and maintenance of the pumps and related equipment by the engineers who were under contract to inspect and maintain the pumps. By his conduct, he has waived any further claims against Sutton Pond and released Sutton Pond from any further obligations with regard to the sewer system and its components. (Exhibit 7). In sum, based upon both the law and the facts,the appeal filed by Gregory Smith must be denied. The Building Inspector indicated at the hearing that he had conferred with Town Counsel regarding these matters and that the letters that he has provided to Gregory Smith are based upon the advice of counsel. To the extent that the ZBA deems it appropriate to confer further with Town Counsel regarding the legal issues in this case, Sutton Pond requests that such consultation take place. Thank you for giving this matter our attention. If you need an additional information from Y Y Y Sutton Pond,please contact me. S' cerel , Charley E—Vander Linden Writer's Direct Email: cvanderlinden(&starrvanderlinden.com Cv:it eWS—P-15-Sm -P��WH imp.Io-uao1s.,yd cc: Gerald Brown, Building Inspector Sutton Pond Trustees Enclosures: As Described Above �_ i k k E �� Town. of North Andover o0 Wrij Q Office of the Building Department O y^v •6 L Community ity Development and Services Division 27 Charles Street 9 North 4'iidover,Massachusetts 01845 ��SSgCNUSE�Sy D. Robe.rtNicetta Telephone (97,8 688-95411 Sztilclirzg Connnissioner Fax(97S) 588-9.542 August 30, 2002 Mr. GregoryP. Smith,ALA GSD Associates 148 Main Street,Building"A" North Andover,MA 01845 RE: 148 Main Street,Building"A" North Andover AI Dear Mr. Smith: I Your correspondence of July 24,2002 requests enforcement as it relates to the Sutton Pond Condominium Property obligation to replace and maintain sewer pumps and sewer lines pertaining to Building"A". I stated my opinion,on this matter,to your Attorney Mark T Sampson of Devine,Millimet&Branch by mail on July 13,2002. Enclosed for your review is a copy of Attorney Sampson's query and my response. I have reviewed your above request and in addition to my response of July 13,2002 have the following opinion.I The sewer system is under the control and supervision of the North Andover Division of Public Works. Pnclosed in your compliant package is a letter dated February 29,2000,addressing the pump problem to John A Daley,Esquire,from J William Hmurciak,P.B.,and Director of Public Works. Mr. Hmurciak states in part"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."(Copy enclosed). I am of the opinion that there is not sufficient documentation in either your or Attorney Sampson's correspondence to substantiate,at this time,any action by the Building Commissioner/Zoning Enforcement Officer. Pursuant to Section 10.4 Yariayices and Alppeals--of the North Andover Zonin=g By-law you may appeal this decision to the Zoning Board of Appeals(ZBA)with in thirty(3 0)days of receipt. If I may be of further assistance please call my office at the above number. Yours i ly, D.Robert Nicetta Building Commissioner/Zoning Enforcement Officer CC: Heidi Griffin,Director CD&S (Thomas I Urbelis,Town Counsel Enclosu5es: BOARD OF APPE�LS 683-9541' BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 648-95410 PLA\sNING 688-9535 �, 2 --i i i Town: of North Andover Of 'i Office of the Zomng Board of Appeals Community Development and Services Division j # s V 27 Charles Street North Andover,Massachusetts 01845 D. l bbert Nicetta• Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 i I ' Any appeal!shall be filed Notice of Decision within(20) lays after the Year 2004 date of filing ofthis notice in.the office.of the Town Clerk. Pro at: 148A Maim Street NAME: Gregory P.Smith and Stone Mil!Realty Trus#,clo HEARING(S): November 12&Deect uberIO, E Devine,Millimet&Branch,P.A.,300 Bdckst_one 2002 tic June 8,2004 �_.:.j-..S uare;P�©.Box 39,.4adover ItrfA O1&10 ADDRESS: for premises at: 148A Main Street PETIT10M. 2002-050 j North Andover,MA 01845 TYPING DATE:Tune 14,2004 i The North,Andover Board of Appeals held a public hearing at its regular-meeting on Tuesday,June 8,2004 at 7:30 PM in the:Senicir Center, 1208 Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and SwbeMill Realty Trust,clo Devine,Millimet&Branch,P.A..;300 Brickstone Square,P. 0.Box 39,Andover MA 01810-:for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enfnrcernent action under Section IQ,Paragraphs 10.1 and 10.4. The said prernise affected is property with frontage oa ithe Northeast side ofNlain Street within the 12 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. I The following voting members were present: Walter F. Some,Jahn M.Pallone,Ellen F_McIntyre,and Joseph D. LaGrasse. 1 . The followi g non-voting member was present: Richard I.Byers. Upon.a motion by Ellen R McIntyre and Td by John M.Pallones the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board funds that the applicant will have only 3 Board.members who have heard all the applicant's evidence,the mandated qualification to vote. This is the last Board meeting where the applicant will have a quonrn for the petition- Since December 10,2002,the applicant has requested the Board to waive time constraints in order that the concurrent court case could be resolved. The applicant requested tie Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except ane. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. i Town of North Andover Board ofAppeals, Walter F. Soule;Vice Chairman Decision2002-050. M4oP4. �--_ 3 --� i w C 11munwealth of f'113- ssachurse County of 'Essex The Superior Court CIVIL DOCI<ET# ESCV1999-01960-8 RE andevoore/Ind0y el v 31 �� Su,lon Pond Condo True° TO Charles A Perkins Jr Esquire Perkins & Associates (Charles A) 73 Princeton Street Suite 306 PJ 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 Daled al Salem, Massachusells [his 41h day of August, 2004 Thomas H. Driscoll Jr Clerk of the Courts BY JoDee Doyle - Sheila Gaudette Assislant Clerk Telephone (978) 462-4474 S 1;3'"C}✓ N `F °z' ' : C I E E= I his Settlement Agreement (the "Agreementl') is entered intci this d;ty of 20,_ , by and between the — - undersigned Board of Trustees ([lie "Board"' and/or the " frustces' ) of the Sutton Pond Condominium Trust; a condominium created pursuant to a lvfaster Deed: Declaration of Trust recorded with the Essex North Registry of Deeds at Book, 3840- Paye 37 and Book 3840, Page 84, respectively, said Trustees being the duly authorised representatives of the Sutton fond Condoriinium Trust (the "Trust"), the organization Of unit o4N-r1e1-s of the Sutton Pond Condominium (the "Condominium") established Pursuant to M.G.L. c. 183,=x, on behalf of the Trustees and the Trust, as well as their successor-Trustees and all of the Trusts agents, ser\=artts- employces, and represent.atives, and Gregory P. Smith and Linda lt-I. Vandevoorde, lndiv ideally and as Trustees of the Stone Mill Realty Trust, with a Principal place of business located at 148 Main Street, Building /V North Andover, Essex County, Commonwealth of 1\4assachusetts, as v,ell as any and all of the Corporation's anents, servants, employees, officers, directors members, a[torne\s; representatives, trustees, beneficiaries, partners, shareholders, affiliated entities and representatives, (hereinafter collectively referred to as the "Stone N.•1111 Realty Trust"). 'WTIEREAS, Stone Mill Realty Trust brought a Declaratory Judgment Action, Docket No. 99-01960 against the Trustees involving riglZts associated \with Build' nb A as set forth herein and below and \VHEREAS, the Defendant in said action vvas the Sutton Pond Condominium Trust; and -IEREAS, initially, the entire property 'which includes Building A and the Condominium _ Trust \, as owned by Elm Mill Realty Trust which was established by a Declaration of Trust recorded in the Essex North Registry of Deeds at Book 3675, Page 247; and WHEREAS, Elm Mill Realty "Frust purchased this property from URDAC, Inc. by sway of a deed recorded on March 1 1, 1992 in the Essex North Registry of-Deeds at Booi< 3675,Page 2 5; and WHEREAS, URDAC, Inc. atten-rpted to develop the property and secured a Decision f-om the Town of North Andover, Massachusetts dated Decem ber 22, 1992 and recorded on March 1 1 , 1992 in the Essex North Registry of Deeds at Book 3675, Pace 220; and \XI-JERE,A.S, Elm Mill Realty Trttst II was established by way of a Declat-atiort of Trust recorded in the Essex North Registry of Deeds at Boot; 3840, Pace 233; and WHEREAS, a Notice of Lease from [he Trustees of the Elm Mill Realt}• "Frust to Elm Mill Realty Trust II regarding Building A was recorded in the Essex North Registry of Deeds at Book 3840, Paque 33; and WHEREAS, immediately after the recordim, this Notice of Lease Elm Mill Realty Trus[ I created the Sutton Pond Condominium Trust by way of a blaster Deed and Declaration of"frust recorded in the Essex North Registry of Deeds at Book 3840, Pa��e 37 and Took ,840, Page 84, respectively-- and ,. \,VHEREAS, I:lm Mill Realty Trust II conveyed the ri-th s associated with Building:1 b; way of a Bill of Save and Assigrurent recorded in the. l::ss(°x North Registry. of Deeds at Book 5093 Pale 1 .0-4 and Book 510-1. Nge 213, i-cspectively tO G-201L!c i--3. Stcrn; and %-k"I-I I.---RE A S, on June 3(j, 1995. Gregory P. Slll"!' purchased (lie PFOPtrly from George D. Sm; and '6-'HF--,R.EAS, title to the properly was taken by Gregory! P. Smith and Linda 1\4. Vandevoorde by Xa), of all Assignment and Bill of Sale recorded in the Esse.'-, North Registry of reeds at Book 5104, Page 214 and Book 5104, Page 21 -t respectively; and WEREAS, a Declaration of Trust establishing Be Sl,,, min Realty Trust by Gregory P. Smith and Linda N1 Vandevoorde as Trustees was recorded ill the Essex North Registry of Deeds at Book 5354; Puce 32 1 ; and �A.'HEREASI in Assignment of Lease From Elm 1\-fill RealtyYLISt to Stone Nfill Realty Trust of any interest associated NO Building A was recorded in the Essex North Registry of Dceds at Buok 5384, Page 327; and WHEREAS, an Assumption of Lease by Stone NIM was Trust of art, rights associated Nvidi Building A was recor( J in (lie Essex North RegNmy of Dccds at Book 5384, Page 329; and Jec WHEREAS; there "Is a Chowid Lease behveen Elm NCII Realty Trust and EArn Oil Realty Trust 11, dated September 15, 1993, which wis never recorded willi the Pegislr�� of Deeds; and TWEREAS, a disputc has arisen mgudkg various rights associated Will, the use off'Duilding A,the Ground Lease and the ri,,),Iit to use common areas in the SUt[011 Pond COY"ClOnlinil.1111 Trust;and "PEREAS, Stone IN-fill Realty Trust, in its Declaratory Judgnism, has requested relief by N\',I)! Of'SM"Cll Counts against the trustees; and WEREAS, these COLIFItS include Count 1, Declarator'Jud(1.111ent regarding parking spaces; Count H, Declorhory Judgment regarding, trash Count 1.11, Declaratory Judemient \vith respect to "laillurimice of right Of 011 Count IV, Declaratory Judgment \'jtjj respc-c( to VC)IiCt-lli`117 access to rear uf buiWing; COM A a count in equity for Ilium to demolish old sc\ver punip station and ON pump to courtyard lift station.; Count V1. `C0jL'encC; and Count VII; Chapter 93A., and "WEREAS, the Trustees have hied an Ans",er and Counterclaim--and a Request for DcclaraLory Judgment; and "q IEREAS, Stone NIHI Realty Trust has mIntmed that rights exists as to tile Property as a ITSUlt Of(lie Ground Lease; and VWREAS, the Trustees have maintained that bmt Stone Infill Realty Trust has no rights in the common areas of the pr-operty, bot; under Be low and/or Wer Be Ground Lease; and VVIAEREAS, Me parties desire to resolve this matter and fC)YeQO the expenses ofany further NOV,' THEE-L-FOR-E, in consideration of the foregoing and for other good and valid consideration, the parties agree as AIM",: i he fOHO\vinz,�,� terms and conditions "IN be binding upon hc)[h pi!-tics; their heirs and a s s I L-,.I i s regarding the specific issues set forth hereunder: - L Sewr: The Trust shall cause to he iIjqaljeCl a du lex I)LIMP VIth an alarm systern, as set forth in Exhil.-it "A" hereto, to the current sc"'Er facilities vdlich are adjoining Building :w on or before Februaw 29, 2004. weather permi tjnt,., The Trust "IN enter a maintenance contract \�ijth Unit ci Conlivessor and PWVP VAlCilogy as of the date of the execution of,this Settlement gl-C C elI lent, a COPY Ofv\hich is attached hereto and incorporated hey"Ah and identified respectfully as Exhibit "131 and shall makink this contract and pay for we same for a period of three (3) ycaii from the date of the above. During; the Twee (3) year period, We -]rust shall be responsible for [lie maintenance, repair and ifnecessary, replacement of any pumps andorahn, Systems related to the same. This shall not iFICILide corriponents and pipes outside the pump system w1lich exclusive serve Building A excels as so AN below. Stone "111 Realty RUM agrees AW We pump and alarm system and all components thereto shall not be used in a manner contrary or inconsistent WK any applicable statute, rule. or regulation of Me Department of Protection ("DEP) or the Tdonh Andover Board of f1wilk and that any such LISC ��ould hereby be prohibited. At the end of the tree (3) qar period, the 'Rust shall transfer, to the extent necessary, the pumps and alarm system to the Stone NIM Reilly Trust in a good and workmanlike manner as certified by, LOW Compressor Pump and lechnolueN. Thereafter, Stone Mill Realty Trust shall be responsible fur the maintenance, repair and replacement of the same and all componmts Werno, The Trust shall construct a new- shed 10 house the Pump system. The deOgn shall be consistent with the architecturvil-synduds of' thc .proLcrty. This shall include a room for tile placement of not less Wan two (Mtrash bail.c Is. ']'his shall be completed on or before I=ehruary 29, 2004. weather permitting. The Trust Shall have the right to obtain the necessary permits establishing the lawful use of' the sYstern. lqoweveq We Trust shall not be obligated to apply for any said permits, with the. exception for work With is required to be completed hereunder. In such Case; file Trust agrees to indemnify and hold Stone N1LilBeallY Trust hal-I'lless to the extent any actions are brought agabut Stone NJitl Realty Truss by any State andior municipal agency requiring that said permits be obtained. In the event that said action is brought against Stone Nfill Realt)"Trust, the 'Frust agrees to assunic the responsibility to obtain the necessary permits and/or defend any action reg3ru'Ino tile, same._ .Phs shall he the total and full insponsibih, the 'Trust has to Stone 1\1ill Realty Trust YCg2rding this issue wit the exception tat We Rust and Stone Mill Realty Trust shill be responsible for fifty percent (50,o) of the costs of-Me replacement of any sewer pipes from the sewer pump station "high sen es Building) 1 to Main Street. 111 We event any wail is required in regards to the same, the parties agree to employ I mutually acceptable contractor to perform ally said work and shall \vork with each other in a reasonable fashion to agwe upon said contractor and the FCOJDC Ofally said wnrk. 3 Nul\vitllstallding the above, the Trum Wall not haNT any WSPOWNiq, or obliganons rounder in the event ornceli,,?cncc on the part of Stolle Nlill Rc:jitynust, their agents, ser\snts. clllplk)',ecs and/or lenal-lis. included in this is We Slone NIN Realty Trust's obligation to ilCtl 'J file TILISt of ani- 1113infellance, repair and Yeialacernent iSSUCS hl a timely and reasonable manner. 2. Parkin... . . (a) The !just will provide Stone 144ill Valty Wlst the cxchnive use to use the ten (10) \q0tor parking spaces located behind the Granite Building Phase VIII,all as set forth in Exhibit"C", attached hereto and incorporated hem"K, Joe Trust B311 Place signs indicating this CXClUSiVe use. Ile exclusive use hours shall be Monday through Friday between the hours of 8:00 a.m. and fYOO ID ni. Said signs shall be placed on the site, \\idt], thirty(30) days from the date of this Agreement. (h) The Trust shall remove the SAW outside Building A and agrees that said area Wich is sho"n of Exhibit "C- shall be for the exclusive use of Building A. The Tim has established a WIng and urllo,,ding area Wch Stone N441 Realty Tant shall have the right to use as set forth below. This arca is dcsQnated an Exhibit "D"attached hereto and incorporated hern0h (d) In regards to N chicular access to the rear of Building A, the'Trust agrees to remove the gmss and flowers from tile right side of the archway as the same looks from Sutton Pond to the leased Building and replace the same with compacted stone. The Trust acknowled yes that Stone Mill Realty Trust will regain: limited access to this PI-OPellY in instances \\here access to the main entrance of Building A is insufficient in size or placement to Now conduct business or Lepairs with advance notice to the Trust as set forth above. Access shall only be for a Vehicle which is no more than the width of We area that would exist thereto (75 inches +Q and Stone NOU Realty Tmst Ball Ile required to lake such actions to make SLIC that the rights of pedestrians are respected and not impeded. It is the parties' intent that this is a limited access and for only certain purposes, none of the least of"Itch is the 01 that We access \vould only be utilized whc11 access from the parking area above is no( possible. 'File access would be limind hum the time Of 9T0 PIAM through 310 p.m. Wriday through Friday with an exception for emergencies and is further limited as fbHoxvy' (c) S'Ws Stone N401 Realty Tru , At s agent servants and/or C1T1pl0�;C'Cs shall be liable for any damages caused as a result of this use and shall illdCFnjlifY the Trusli as set forth herein. . (11 The Trust agmes to remove the planter"Itch is cunutilizeL, ntly at the propeNy and LA gmrlae post chain to ]OW access to the rear to he placed at the front of the 9rch\\:ay in a manner Which VVOUld not impede Stone N4M Realty Trusts auess to the real-, based on all thle provisions set forth hereunder. he Trust xvill provide to Slone ATH Really Trust \wh a key for access thereto. Slone LIM Realty Trust will be required to relock the chain upoli his ingress and egress to the rear of the property. Durn jis Lr: 'Ile Trust v,ill be responsible for the collection ofI , Stone N y Trust's _ — I ru c0lumon evmlday trash (no hazardous materials). Slone P, ill Realty Trust "Al be financially responsible For the removal of any trash, ,vith ia\,rllelll being made icli (10) days after being Kwoked by the ITUR Trash hYthe Slone Mill Really Fru:l:t sh'-d., be "-laced In - the har!Cjs 10C.a, u �,o IrdFdl shall bl", J.--ft out I __!)1the - i'd in the d, shkc ej_ni`tllt shall be placed in appropriate disposabic bags.'s ill addition, the Trust a-orces to R(231tV Trust 10 place adurripster [Or�hoi-t lerm- COnSt'LlCholl Pro-lects Ill tile parkinlo areas Set i0nl7 in Poiaeral:)h (b) above. This placement Must still aHov,; JI,,(_,rCss to the Trust PI-OPCN)' mid Sk-Me 1\1111 Realty Trust \vIll be responsible foi- ay clall'age 10 persons or property caused by the sante. For am, ple"f-essiolial \vol-k contracted, sglu contractor shall be responsible. i-or-the removal of any and all debris from the. site at the cost of'sal(l contractor. 4. 1 rimming.- The. Trust shall allow Stolle ]\•fill Re 11V 'I rust to trim the trees \\hich overhang BUildinc -A, so lom-, d as [lie same is ualiv done Ill all enVII-0,11-neillall sound marinct-pursuant to a Illut agreed upon plan. and Stone i1\1111 Realty Trust agrees to r j 11ONT the Cut branches,etc. from tile ,rust Thc Trust shall stipulate that the 112 follo\ I - is currently acceptable: (,I) Stone Mill Realty Trust will trim the. two (?) cherry frees and maintain the planter In front of[lie buildings:. (b) Stolle Nfill Realty Trust NvIll be able to trim im any branch that is OVed-lanning Building,1 at a location on the tree that Is In keeping with generally accepted pruning C reconimcndc-d by the company prulliric, the trees: and Ing lechmques and as (c) No offici- trees \\d] be darria0ed or rernovcd. The Trust vvill allO\V Stolle MIill RC211V ]'rust the use of the common areas Rear Coui-tvard. vhich adjoin the bUilding..provided the sarne are used in accordance with the Rules and Regulations of the Trust, are cleaned up appropriately aficr Ilse, and, are not in any wav destroved by the tenants. I UY(hCI_, said use by the tenants shall be in conjunction v"Itli die use of the sailic by tile residents of [lie Condominium I-rust. In exchan0e for this LISC, StOil- !-'fill Realty Trust agrees to maintain the. large flood light curi-ciltiv exi� I ID 1,tlllg on Building A, as \Nell as to Ply for all c lectrI I cith- f'0 I- tile saille. . - This flood light must be operated 171-0111 dusk until no later [han 9:00 p.m. oil a daily basis. The Trust provide I NA o (2) picnic tables for-C'Oill 11-1()n use. Stolle Mill Rea I(v TJ List a(_)re es 1c) hold the Frust harmless.]less. C. Siio\N Rcniovil: I-lie Trust a2rccs 10 reMOVe the Sno\v frons the road and to maintain; repall, and replace s3tid--road\vaN;. allmvljju_ Slone N,1'11 I'l-USt all Case lent f' YT 0 e S1111?. S t C)I I C ;visit Reath "Frust a-grees to shovel the s)dc\\alks a( Building A and aorees to rci-nove all vellicles in accoi-dance \VI1h all'y' OU(StZlIldinob snoN.\,* removal policies of'tile "-rust. 7. The TILISt Will Stipulate that the S' is-to I_1_)na_2c at the front of BuildiilL,, A as it currejitk, exists is-to he used exclusively by Stone \mll] Realty Trust In accordance with anv and all Towl'i rcquircrrici-Its. 8. Outside Structures. Facilities and En ilc l ill. The Trust agrees to ackno\vIcd e Stone till _L_q L�p L__ _ RCD)tV TI-LISCS rltLltS to elDl0) outside temporary structures. facilities and equipment support to Buildim-). A. 'File Trust must be provided prior notice. Said notice Shall Include the jelleth of-time said structure \,\Ill remain on the premises. The p:11-tiCS 3()I'CfC to lljuti_fajjy indenlliifi each other regarding the provisions hCrCunder. 5 9- _3VR1tJ_1t 0fFL"_1J(' -1,-Ust Shall pI\ to, slo-je N 1 '-Us[ U1D0I7 01C (2? CCUtiOil Of 11 S A the SLII11 Of Ic!) J'houSand 1311"1 011-,100 Doilals (Sloj,100.00). 0. Miiscclla. neous Terms 3) Stone N-1111 Realty Trust Ligrees that S(onc N;fill Realty Trust mid/or its guests and 111v)(Ces sh-ill be bound by the Rules and RC_2UjaIi0I_1S Oftj1C TYUSt rl— di-ding T.mrkln�)., Snow , I plo\vmg and USC Of' .the cOMMOn, areas as they may be amended, a ctii-mit Copy 01 vvh)ch are ca(tached hereto and Incorporated herevvith and identified respectively 3s Exhibit ' '" (b) Stone 1\-1111 Re311Y Trust agrees to undertake and be responsible for all areas of Building A; both SIFLICtUral and wherWise, including the maintenance 111temilce, rcl-Iiii- and replacement of any items within Said Building and all utilities repi-dinc-, the same. (c) Insurance: The TRIM aLlf-CeS to maintain oencral comprehensive I insurance policy in Compliance ,vith the Condominium documents at the Association. Stone Mill Realty Trust a0rees to maintain I nsui-ance no less than the arnmints set forth in Exhibit "J"attached hereto and Incornorat-ed fici-cwIth. Attaclicd hereto as I-7xh'L-)*t ��G _ I I is a copy of Stone \III I Realty Trust's current Certificate I lis LI ra n c C. (d) Except as modified b� the Agreement, the Trust hereby acknowledoes and accepts the Ground lease for 81.111CIII10 Al ii Cop\ of"hich is attached hereto as Exhibit '11". SIJIILIIIaMCOLISIV \\'III! the DCCLItIOn Of this Settlement Agreement and all other attachments hereto, the Stone Ni ill Realty Trust 'XIII CXCCUtC the Release of'Claims In fa,,,-orof the Trust, attached hereto as Exhibit "I". Said Release will be deemed to take effect in accordance \vIth the provisions f Paragraph of this A-rcement. SIMUltanCOLISIV ',VITh the CXeCA111011 Of this Settlement Agreement and all otlicl- tjtt,,cIjIjjcj IS herclo, the Trust will execute the Reiejsc ol'Claims, in favor of Stone NMI Realty Trust, attached hereto as Exhibit "J"'. Said Release \vIll be deemed to take ef'fect, in accordance vvith the provisions of Paragraph ___ of this Agreement. 13. Simultaneously with the execution of this Agreement and all other attachments hereto, the 'N execute the Stipulation of Dismissal w'Ij,th 1)1-e*u paries v,:1 Prejudice and Without Costs, attached hereto I ill he filed in accordance with 11-ic provisions of as 17-�Ih bit "K". Said Stipulation of Dismissal \6 Paragraph — of this Agreement. -i AIs Set forth in this ALreemcnt, ]I an\ party Shall default in any of its obli-allons under this Settlement .;'�L)Fccille"It, such party shall be }fable in addition to all amounts Set forth hereunder for all reasonable expenses incurred by the non-dcfault* in(-, party as a consequence ofsuch default includinC, but not limited to, the costs to cure said (1cfauk, arbitration costs, as \\ell as any other costs and fees set forth hereunder. -I'lic parties agree to Indemnify and hold cadi other .harmless from any and all work Cullicmmkited hereunder and am, Lmd all darnages, i-elative to the Same as \�Clj as to each Party's _e_s L�ec t:i ve obligations uncle I- this A(-,j-f,g m e n I. Further. Stone JNJU I Realty Trust a qrces to I I]c"C III I-I I j v and hold liarniless the Trust. its agents. servants a I-,d/o I-c I m i I o y co I from ri 11]c use of common areas as \v_ell as I and e L�rcss from 1'ul ld,in L, A to the comi 11-Ion al-cls of,the Trust. This indem Ii I ficLi I Ion 6 sl--1,311 include the relill pli-j" , ,0.1 Crif'orcc (Ile abovp 10i anv �ind �iij C ts t( _L11 I—el-li as wcil as aniv IC�al actloll hiollt�!11 a,_,�.ijnst cithCr as well aS lc costs otlf, j* de CIISC. -,T1-()FllcVs f',.cs and any jLJdCl-01Cn(S -Cccived. Further. [his il-icie;Ill-lificatioll Shad] include 111C Pa\vilent of a!jj_jLid2njents as a result of danlaCe. A21-cell-ici-it, [lie breach of this whether to persons and/or Y 3S 3 I'C51.dt Of, tills -�'Lycelllcnt dild any work Con1CJTlj)latCd hert-"Llp-del. The parties contemplate and \vill take such actions aSnecessary fO notify' their hLn_[illlal-ilv responsible for anv indemnifications sou ht hergunder. 16. Each party, as stated above, shall at all times be obligated to cornpIN! VV'Ih the tern-is and conditions of this Agreement. Nolhvi lillstandillba this, the default"'(,-' party shall reirriburse and repay the non-defaulting party Itheir agents, servants and,CF CiTiplow -es, all expenses and other SUIlls HICUri-cd by tile non-defaulting party and/or th, , e)j- acents, Servants and/or (fjjjj:)jON!ees for the el-11-01-CCment of tilts AUcement, the col)ec[lon of any monles due hercunder, and the curilc_, of all\., default and/or hreacli of this ;'Agreement, alon(, th he costs associated jd -ted thereto, Hiclujill(, reasonable attorneys fees and, costs. Each early, at their discretion, on, I'lay but are not ohl cated to. cure 111v defaults and the costs theyeofb reasonable attorney's Fees and Shall be re rnburscd 10 said non defaulting party by said defaUltinL) party \v I thin tell (10-) days of the defaulting party's FccclP1 of notice of any such expenditure, provided, however, that prior to making any such expenditure or taking any said action to Cure Said default, the rion-defaujt I'll, party shall first give the default- tD ive to In 01 SUCh default and afford the dcfiultln!2 pari}, - ., party, notice Sc\Tnty-1,.\2o (72) hours or sticIl shorter tillic as is mandated by the default, to enable the dti- ultlng party to first remove the Under this Agrecnici-it. f 17. The failure of any of the obli2ations as set forth 01111 in this A(_,rmricj-jt -hall he a default Of the. SM'IC and SLlhjCC( the defaulting _ tarty to tile enforcement pro\ )sjOnS I-ClIK-diCS, \A hCrCVer tile of this. A2recmerit. All y lllavapj2cL� jnCILIdin(L,. bLl[ 1101 limited J() those sct forth in [,'its ALircell-tent, those that may exist in the CondoininiLlill CI(DCUJjjCjl(S ajjd 1-U]CS 11-id 3( forill in Lwv ai-c accuinuiative. --gholls IS wcll as those set 18. This Settlement AP-reeincrit and all attachments hereto will he CXCCLIted in triplicate original by the parties, SO that each Pal-11v v,I t� 'N have a full set Of'Sl2nCCJ instruments and an additional set Of signed Instruments will be available for filing With the COLIlt, Or FCC01-(fing with tile PeL,' as the Case may be. Upon eXeCLIti011 by both parties of this Settlement -isir) I Ac_)reemcnt and all attachments hereto, the parties a(?rce that the following ill be Underiakeexecutedthe originals Of the executed acts Wl SCRIC111CIlt C10CLIDIC11LS will be distributed so 11'atcounselfor each party has a full set, to be held In escrow, and distributed from e.scrov\L4_o.cacjl such soul; set's)s C,lent in accordance with the following: (2) an original Stipulation of' Dismissal NVi1ll be. filed with the Essex SuperiorSuperiorCourt action, whereupon the Originals therec)ffllay he released from escrov\, b..., counsel for the respective pall)CS:. (3)) upon docketing of the Stipulation of'Dismissal in the3uPer101 Court, tile Releases ofClalllis filar` he released from escro\,v by counsel for the respecti ive parties. 19. Tht parties agree that Stole 1\4:11 Realty Trust Shflj \6I(hIdraw 'is appeal pending 11CTFUSCS Compliance \vlth Paragraph I of this A- grCenicnt. 2t). Each pariv represents and warrants to [Ile otilel.p,,)Ij that all cOlIsci-its,approvals,and/or \.!ot(=s required for (his Settlement A-0-reenient and to exect.iie this Settlement Agreement (Including all attichilicil,,s hereto) have been ohtai.mcd by each such part',-; that the undcrswiled Trustces of each l arty aoellic r(f dull authorize(" - ill's Settlement A-reement and (Ile attachnncnts zc(j and c 11-1 PO":el-ed 10 execute and perforni t hereto; and th"If the other p'Lil-tv ma\. rely upon the c>;(,cubo' of this scttlellicill . ccn�n( a� �indin� (hc �x:}� So Z | /\n� di��u|c (h�i rcmains unrcso/�cJ u:dcrUl A ]ai! bc r�/�rrcd zk io and �o 'cd noit,i(rahnu br��rc lhc '\mcr�can /\/hi|/aUvn 4ssodaiion o� o|h�r muluoUy a�rccabi� � |nbunai � � as a sco| d � c msirum:n( oil (hc date and it- above xrhicn. RI(}AR[} OFTRUSTEE:S �l�lT(]}� p[)7�T} {.{)}�D{}K1l����NI7]l(�ST (�R�(�(]F�Yp� 3K�lTF<' /nd)rNuo|/ynnd . xS7iusirco[the QI\0o� IvjiU RozbyTrust '----------' Bv: UND.A YANDEVDORE /ndividuo/!Yuod asTius|ceo[tile 10(onc ]lca/iyTrusi By. -------------------------------- ---------------------- ---'--'--'--- - X COMMONWEALTH OF MASSACINSETTS 20___ Then PC1"B011,91-1-V31)PCal-c0 the abwT named ----: ----—� a S th Cy—,Lj.e Tt�,—e Board oustees of the Sutton - Pond C01ICk"In ifliUM I-LISI, and ackno"dedgad the "ITOing AmIxurnem to be M We an and M: bcfhrc mc, Notar'y Public Cornmission 1--7xpires: COMMONWEALTH OF MASSACHUSETTS ESSEX. 20 Ren personally appeared the above named Gregory K Smith, Individuallyandas Twoe of We Swc Njill Realty must, and acknoMedged the forgoing instrument to be his fine am and deed, bukre nin Notary Public My Commission Expics: COMNARAVEALTH OF MASSACAUSETT,'.3 ESSEX, SS. 2 Th(TI personallyappearedthe above named Linda Vandevooi-de, Individually and as Trustee of the Stone Mill 11cait', Trus(., and acknowledged the 109009 instrument M be her free act and deed, before me, Notary Public My Commssion Expires: 9 I 4 , � -- f �Y u NAM da Jan;art 26, 'pl-�a 12.i9 PI�t ®i'I Mon Enid-i-�h 47E; ' ry �tl [iTu G N �D n t' ll 34 PDrtland St Lawrence, MA 0594... Tel.9718-685-0808 Fan 979-794-4760. .unitedcarnpressor c®rn January 14, 2004 To: Matt Dykeman Essex Mgmt Fax: 978-687-8640 Re: Granite Bid, Sewage Pumping Station Upgrade New/ Additional pump for this station: ASS engineered submersible raw sewage ejector. 230 volt, 2.0" solids handling, Built in thermal protection. Vertical threaded 2" npt discharge_ Includes pump wiring to control panel, pump piping to discharge line, Initial start up and testing, full 1-year parts and labor guarantee, dew, level alarm-system includes warning light, warning buzzer and additional Float switch with 20-foot cord. Installation of float between lead and lag, install warning devices, testing and guarantee also included. Please call me If you nave any questions or need further information Thank you Bill Du ton V & t 3-4 Portiand S� LawrenCe, MA 01643 N41 f. n�Q�cCd QPf4 M__¢ September 1, 2004 To: Matt Dykernan Essex Mana-ge-Inent. Fax: ":)Ubject: Granite building sewage Pul"Ong StabonGen/Ice quote. M a tt' Quarterly service on ABS ret age M Station includes, Electrical, mechanical testing per manufacture's soecirFatj on Sand recomrje-dations, Check motors, pumps, power cables, alternators, seal alarms, floats, chain, check valves c0 , Piping Connections, di-schargconnections, Adjustments and minor repairs a5 rj�L_CessaTy. Conv�sned space entry. Supervise eek/et Well cleaning as needed. Prime both DUMps. Written reports detailing the condition of the systems well Pumping-, cJeaning and a3fl eXL'ra chnrgo% To be done �1:5M�al IL .by Ar-ton King of Lcyvell 1'1�'��5achusetts and vvill be blll-e'�J d'� Management, iFif ct W Essex United Connpres.,,or vvi11 C-OnL30L f MONJinate this visit with Action King if U You wish Dn an as needed Uasis. Thank You Bili DuftDn f p . 5 EXH[EfT ffC11 Smith Trash/Pump IS-hed Spedfleat' Shed Arill be approximately '12' X W 6' and framed tivtfith KID lumber with PT sills. Exterior appearance will be similar to existing shed. Roof will be asphalt shingles and drip edge. Shed may be partitioned inside to, create two separate compartments. If an extra compartment is created, each compartment will have an individual door. �- 5 � - j p. 2 AM'SR1C 'ARBATRA ON ASSOCIATION Conskruetion Arbitration Trjbuaral in the Matter of the Arbitration between: Rc_ I 1110E 01440 05 Gregory Smith,Trustee o f Mone Mill Realty'Trust "CIaimant" and _ Trustees,Suttoil Pond Cando Trust "Respondents" AWARD OF ARBITRATOR 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agroernent entered into between the above-named parties and dated December 41, 2003, and having leen duly sworn, and la$vi.ng duly heard the propf5 and allegations Of the Parties,do hereby,FIND, as follows: I. Claimant is found to have breached the Settlement Agreement entered by the Court irk the case of"Gregory P. Smith and Linda M.Can de Voorde,individually and as Trustees of the Mone Mill Realty Trust v.Sutton Pond Condominium frust',Essex Superior Court,Civil Action dumber 99-01960. In specific,Claimant has breached the Settlement Agreement by falling to allow Rmponde;tts to install a duplex sewer pump system with an almm system along with the constzuclion ora shed to house the same. The Arbitrator orders the purchase acid installation of two(2)Goulds non-clog sewer ejector pumps, Model 3853 BI-Il~as detailed and specified in Respondents'Exhibit 29, instnllod ip a"duplex"arrangement with all controls,alarms,electrics,piping and valves as required,engineered and designed to discharge to the municipal system in accordance witli the Town's requirements and good engineering practice. The installation and operation of the system shall be certified by a Licensed Professional Engineer, Commonwealth of Massachusetts. The ArbiMor orders Respondents to enter CIaimant's faciities'and rnal a any necessary changes to Claimant's electrical Syslem to provide the necessary power for the new dupleX sewage pumps,controls and alarms. Any power outages trust be at the convenience of Claimant. The wet well is to be in Accordance with n•aarzufacturer's recommendation,State Plumbing Code and Title S Regulations- The Arbitrator has determined,based on tmtimony,documents,exhibits and site inspection that Clajm:%nt's requested"grinder" pumps do not meet Claimant's concern for maintenance and operation. "Grinder"pumps,given the discharge piping configuration,length,size and flow velocity could have efl9ttent"fall-Out", causing packing of the particulates in the discharge pipe, flow obstruction at bends,pipe reducers/increasers and other general fittings. The non-clog pump(2"material discharge)would have a tendency to"trove along",not packing within the system. "Grinder pumps"have known significant maintenance costs related,particularly after the three-year Respondent's maintenance Iiability agreement, causing a significant burden on Claimant at a later date- The Arbitrator ands that the pump shed,heated or otherwise,does not come under the Commonwealth of Mt &chusctts State Building Code 780 CMR and is ordered to be erected in compliance with all othee requirements of tht Town of North Andover. The pump shed shall have, 4 a trunimum, heat, full insulation,power vendlatian upon opening orthe access door,sufficient lighting for the pump maintenance and,a minimum 120 volt,20 amp outlet for 1 maintenance use. 2- Respondenu ole found to have breached the Settlement Agrftwemt,as described in item I-Respondents provided a m=inimal loadisag/unlonding area which Claimant shall have lite right to use alid failed to provide.a suitable parking area without obstruction of traffic flaw,loading/unloading facilities,or fire lane interference. T be arbitrator observed that the closest surrounding parking areas are numbered and dedicated to the condominium residenrs- Page I oft Received Time Oct• 18. 2:34PM — 9�/� 'd�90f?9 0��-- - • ------- �aZl �, �oOT h l •i �n - In.. die Batter of the Arbitration bet-ween: Rd: l I 1 I Q,E 01040 05 Gregory Smith, Trustee of Stone,trill leaky Trust "Claimallf, and TtMEM, Sutton Poled!rondo Trust 44Re5ponderals" AWARD OF AFMIT€2ATOR The Arbitrator orders Respondents to create a parking slot within close proximity of designation 2 as Shown on Exhibit C,f®r pttgpose Of p;u-king a service vehicle for access to the rear of Claimant's building_ 3. The Arbitrator finds no breach of the Settlement Agreernent, as described in items 1 in regards to(sash siting and removal. The Settlement Agreement does not designate&permanent location for the trash containers,but only designates an area for the short-term construction project. The Arbitrator orders Clamant to place the trash containers at his desired location without obstruction to the ingress of Respondents' propeny, All conditions regarding this issue in the Settlomem Agreement remain in fall effect. 4. As testified to, Claimant has failed on, at least one occurrence to adjust the lighting as rcguired in pwagraph 5 of the Setderneng Agreement. The Arbitrator order Claimant to provide drag diligence in mail Wrung the operation t9mc clock,specifically when there is a power outage and daylight savings time adjustments. The Arbitrator reiterates the findings of trite Court in regards to the"Settlement Agreement", civil action number 99-01960 and Claimant and Respondents to cooperate jointly,allow access Claimant's leased property in order for Respondents to effectuate the teens of this Order. All legal fees shall be the burden of the respective clietbts_ The administrative fees of the American Arbitertion Associatio6 totaling S2,100.00 and the compensation and expanses of ncc arbitrator tomling 5842.12 ahall be borne by the paries equally. This Award is in full settlement of all claims at3d counterclaims submitted to this Arbitration. All claims not expressly granted herein are hereby, denied. Date Mr. chard A.Votlkin I, Mr.Richard A.Valkin, do hereby affirm upotr my oath as Arbitrator that I am the individual described in and who executed this instrument,(which is my Award. � a L Date �e Richard�AVGUdn Page 2 oF2 Received Time OCi • 18 . 2 ; 24PM S/v 'd—_9089 'ON ---. . ,. _ WHIZ :6 5006 '6l UO AT RIC&N ARBITRA1 IGNI AS'Sti5CIA sUr4 Constroction Arbitration TribunRl In the Matter of the Arbitration between: le, I I 110£01040 05 Gregory Smith,Trustee of Slone bill Realty Trust 'Claimant' and Trustees, Sutton Pond Condo Trust 'Respondent' DISP051TION OF APPLICA.' IOT1 FOP, C LA-RffICA`;f'ION OF AWARD 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-narrled parties and dated December 1,2003, and having been duly sworn, and having duly heard the proofs and allegations of the Parties, and having previously rendered an Award dated Octobcr 111, 2005 and Charles Perkins, on behalf of Respondent, having filed applications for Clarification dated Octgber 19, 2005 and november 8, 2005, and Mark Sampson, on behalf of Claimant,having responded by letter dated November 21, 2005, and Charles Perkins, on behalf of Despondent, having filed a response thereto dated November 28, 2005 do hereby, DECIDE, as follows: In response to"Request for Clarification"received by the Arbiumtor on November 19, 2005,the following Order clarifies[be required compliance of item 2 of the Award of the Arbitrator, 1. All site plans given as exhibits to the Arbitrator have n numerical 2 over the location of the alleged Claimant's assigned parking location. 2. Upon visual inspection of the site,the alleged parking location is a loading dock area as part of "XItterridge"Bw1ding. 3. Claimant's exhibie#17,sketch by GSD Associates, dated 1212/03 reflects a"designed pocking and Loading are for Building All located parallel to the existing parking area facing the"Osgood Building". The Arbitrator notes that, at the time of the site visit, this u1iit had a residential unit designation. T'hcrefore, in response to a"Request for Clarification°'to the "Awat°d of Arbitrator" item 2, the area shown on the subrnined photo9aph,previously show as a loading area to the"Kit ridge" Building, can be the dedicated parking Area for Building"A"if it is revised to meet the following criteria; a. Parking stall must be an available area 9' X 20' area with no overhang into the fire lane or 3' walkwa, to the a&cess Lo rear of Building "A'° b. Parking location trust be designated and marked"Reserved for Building A c. Loading dock availability to the"Kitteridge"Building must be secondary to the use ofpaztk7,og for Building"A". If the referenced parking slot cannot be made compliant with the above, then a new p-rking slot must be created in:reasonable proximity to the access to the rear of Building"A", In all other respects, my Award dated October 18,2005 is reaffirmed and rcmains in hall farce and affect, DATE-1� �� d� Mr. Richar A. Volkin 1, Mr. Richard A.Volkin, do hereby affirm upon my oath as fi-Aitrator that 1 am the individual descr-ibed in and who executed this instrument which is my Dispositiou of Application for Clarification of award. I?ate - ` r. Ric and A Volkio C/C i 4A 1 4 'nni C095ft'mctian Arbtgtfion TRabuaael Ira the Matter ofthr,Arbitration b-otwecn: --�b Re- 11 110E 01040'05 Gregory Smithy Trustee of Stone Mill Realty Trust 66Clai�ant" and Trusts, Sutton Pond Cando Trust "Rospoadent" IDIRPOS.itTION OF APPLI CAT'gON FOR CLARMCATIOa� OF AVV T2(E UNDERSIONED AR IT OK having lveen designated asp pec®Pd 2ce �vitle the bit anon.a�e�aE2�n� entered int® betw®erb the ab®v®�rra�aed pard®s and dated ,�®cember- 1, 2®0�, and having been dul s�v®a°n, and having dull heard the proofs and allegations ®f the Parties, and having previously F@ndered an Award da ed October 18, 2®®� and A Disposition for Application fbr Clarification dated December 6, 2005 and Charles Perkins, ®n behalf 5 Responden4 having Lied an application For Clarification dated January 20, 2006, and Gregory Smith, Claimant,havrira responded by letter dated February 6, 2006; and Charles Perkeus, on behalf of Respondent, ha ing fxIed a response ¢beast® dated Febrta ry 10, 2006, and Gregory Smith, Claimant, fled on February 16 2006 Clarifcaaion/and or 'Reconsideration" and Charles Perkins, on behalf' of Respondent, mapon esNto Request nde t,s response dated February 22, 2006 and March 17, 2006; and Gregory P. Smith, Ctai 'fle a Response dated Febmmy 27,2006 n ad Ma=h 20,2006 do hweby,D:EC1,DE, Usfollows„ mant, In resP®ras® ED Respondent's "Request for Clarification" mceived by Elie Arbitrator on Ja uayy 20, 2006, -tbe fbliow.ing mer clariflos the rcqulmd compiiaraee®f atw a 2 of the Aw&?d of the Arbitrator. 1. All site plans glven as OxWbits to th6-Arbitrator have a nua�meric allegedal 2 over the 6a ati®aa of the Claimant's assigned parking location and are inot e-lear or,t1Ig drmensqta s®fpagkgrsg Slpace& 20 Clgimat►Y's e�lribit X17,sl�tcla by�Sl�Asa�eiate�,dated 1�./2/0� r®f1��a `°de ignited parking and loading er-ea"Or Building A'' Boc�tcd parallel to the®xistitt b, Bbilding", The Arbitrator notes that, at the time of thu site vis t, this unit adfa �dentialOu�,Osgood Designation. 3. The Arbitrator the order a is to of a 18,2005 and Clarification dated December 6, 2005 are clear as t®meeting the requir®rnent��f the parking issue, The ArbitratDr hereby orders clarification on tha aassigned parking space area of no less than 18-5' X g' vv walkway to access to rear of Building"A"in accordance with the Massachith no usn4o Dep Department of3 a ?4blic forks, Highway Design Manual, 4. The Arbitrator's Order of October 18,2005 allows for aro altercake location that sets the ab®ve eakiditions, Xra xespcnse to Oregory P, Smith, Claimant's, %w Request for Clarificacl®sa and/ Reco of nsl esti®aa dot Boards 4o design and in (1 a Sanitary i'oa�011®wing order clarifies comPlianc0 of the Award of the iter. ed February 26,2006,the f 1, Tho Arbitrator's Order of October 18,2005 is 01ear as to the requirements of the anitary Pump System. The parties have I�dassacl�rasetts R0g(ster�d 1'rofessi®nal�ng'ncers and i®us Tam Arbitrator. ping Syst®rrr that is Bally araeet t® tc°ar° rders of the Page 1 of 2 iuuni ni nnn7 '71 uiai sla®Matter of thd Arbitration betwean; ----- ---- _ _ , 1��; fl 1 110 E 01046 05 GregorY Smith;Tnistee of Stolle bill Realty est ea and ClaioaaY„ Trustees, Sutaal Pond Condo Trust QI P®S1� I�0" PUCATXO'V FOR CLAMICATION OF AW AI UD 2° Compliance must be met with the approval of the Board of Health,l)apaTtmg t of Public Works and the Town Rngineering.Dep ent, The Airbitratorwill riot allow further arguments,tes4imony ®r cathibits boyo-nd the date the he&ing was closed. 1`I`hc Mpanan to Req lest for Clarifications by both Claimant and Respondestz is clear d supports a Order of October 18,2005 In all ®ttief respeciar, �ray Award dat®d®ctobes !$,2005 and my Disposition for Application of Cig, fAward °�cataon® dated Decmiber 6, 2005 are maffirmed and remain iD full force and efent. and 0 Mr.Fi6hE% ~ , n � 4 to Nr.l?°.cehard Volldns do hereby affirm uPDn my oath as Arbitrator that I a,ca tbg individual d eXcgrated this irastnaraadzaY,which as stay Disposition of Application for Clarkf catioll of Award cscrab d In and who 1 ,.Richard A. of ini ate Page 2 of 2 a, lirn P,7nr VIAL._ unit i gni nn n7 X71 i 8 il� PERKINS & ANCTIL, P.C. ATTORNEYS AT LAW ` _ COPY 73 PRINCETON STREET,SUITE 306 `-���IE1(.�9 CO �r NORTH CHELMSFORD,MASSACHUSETTS 01863-1558 TELEPHONE(978)251-8509^(800)642-4906 FAX(978)251-3608 REAL ESTATE FAX(978)251-3859 www.perkinslawpc.com CHARLES,4.PERKINS,JR.' GARY M.DADDARIO ROBERT W.ANCTIL* SCOTT C.OWENS ANITA L.CHMILARSKI DIRECTOR OF OPERATIONS 'ALSO ADMITTED IN NH February 10, 2006 GSD Associates ATTN: Mr. Gregory Smith 148 Main Street, Building A North Andover, MA 01845 RE: Gregory Smith, Trustee of Stone Mill Realty Trust, Claimant Trustees, Sutton Pond Condominium Trust, Respondents American Arbitration Association No.: l l-110E0140-05 Dear Mr. Smith: This letter will acknowledge receipt of your correspondence dated January 30, 2006 and constitute a response to the same. As a preliminary matter, we have forwarded a copy of this correspondence to the Arbitrator, although there is nothing pending in front of the Arbitrator on this issue. Please note that although you indicate that it is your intent to work in good faith with the Condominium Association to resolve this matter, you have done anything but this in this regard. I have enclosed a copy of our past correspondence which is subsequent to the Arbitrator's decision in this matter which demonstrates your non-compliance in this matter. The Arbitrator has decided the system to be installed as well as the shed. The Board has acted diligently and provided you, as set forth in a copy of the correspondence dated January 20, 2006 enclosed, the information necessary for the Association to move forward and install this. It is unfortunate that you desire a different location and a different means of implementation of this Agreement but the same is clearly not required as set forth in the Arbitrator's Order as well as the materials supplied by Kevin Klein. We would also note that some of the work which you have complained of in regards to the shed would have been corrected on February 6, 2006 until you denied the Board the opportunity to undertake the installation thereto. GSD Associates Page 2 February 10, 2006 We would also note that you acknowledge receipt of our correspondence dated January 20, 2006 which indicated that if the Board did not receive any notice from you, the Board would be on-site on February 6, 2006 to undertake the work. The Board did not receive any prior notification from you and had its agents, servants and/or employees ready to undertake and complete the installation when you summarily prevented the same. At this juncture, you are in violation of the Arbitrator's Order as well as the Settlement Agreement and the Board will address its concerns by way of separate correspondence. Very truly yours, " fharl �k:Pe„r�ms,.Jr. CAP/sma Enclosure cc: Richard A. Volkin, Esquire Sutton Pond Condominium Trust Essex Management Group 7 �-. I ENGINEERING SOLUTIONS FOR THE ENVIRONMENT September 7, 2012 Attorney Charles E.Vander Linden Starr Vander Linden LLP 625 Main Street Fitchburg, MA 01420 RE: North Andover—Sutton Pond Condominium Association Sewage Ejector Pump—148 Main Street, Building A Norfolk Project No.768.001.02 Dear Attorney Vander Lindell: On July 17, 2012, 1 inspected the portions of the upgraded sewage pumping station that serves the Granite Building that have been completed on that date by United Compressor & Pump Services Inc., and have observed that the completed work conforms to the requirements of the pumping system installation outlined in the October 18, 2005 Award of Arbitrator and the May 12, 2006 Disposition of Application for Clarification of Award. As approved by the Arbitrator, the pumping system includes the installation of duplex Goulds Pump, non- clog submersible pumping system, (model 3887BHF with 2 hp, 230 volt, 3500 rpm single-phase motors and a maximum draw of 18.0 amps providing 130 gpm of flow at 48' total dynamic head). The pumping system has been has been installed in a duplex arrangement within the existing wet well in accordance with the manufacturer's recommendations and installation instructions. The system has been equipped with upgraded controls, a new high water alarm, four (4) new float control switches (pump off/alternate, lead pump on, high water alarm and lag pump on), a new electrical panel, upgraded 3" diameter discharge pipe and new valves (including flow control valves and check valves) that have been installed as required within the existing pump house building. The pumping system has been engineered and designed to discharge to the municipal system in accordance with the Town's requirements and good engineering practice. United Compressor& Pump Services Inc., personnel indicate that additional inspections have also been made by the Town of North Andover Plumbing and Electrical department during construction and prior to operation of the system. Although the sewage pumping system is functional and has been placed into operation, additional work remains to complete the pump building heating and ventilation systems and to install an additional alarm light on the outside of the building. Although some of these additional components have been installed, they cannot be connected and this additional work cannot be completed until access is gained to the electrical service panel within 148 Main Street, Building A. Sincerely, Norfolk RA Gr up / Kevin P. Klein, P.E. Associate ONE ROBERTS ROAD o PLYMOUTH, MASSACHUSETTS 02360®508.747.7900®508.747.3785 FAx WWW.NORFOLKRAM.COM 1"A' 11�S TA R Emily S.Starr PC SttayrWander Linden LLP Charles E.Vander Linden 625 Main Street LINDENLaura Silver Traiger hburg, 1420VANDER tel 978-345-6791 fax 978-345-6935 A T T O R N E Y S A T L A W Seven State Street Worcester,MA 01609 tel 508-754-8882 fax 508-754-3639 July 22, 2014 Via Facsimile: 925-256-7660 Peter Kutrubes 1415 Oakland Boulevard, Suite 102 Walnut Creek,.CA 94596 RE: My Client: Sutton Pond Condominium Trust Your Client: Stone Mill Realty Trust Dear Mr. Kutrubes: This letter is to follow up on the issue related to the padlock installed on the pump shed that was described in my correspondence to you dated July 3, 2014, a copy of which is enclosed. Your client's unilateral conduct in installing a padlock on the door to the pump shed prevented the Sutton Pond Trustees ("Trustees") and United Compressor,the contractor who . they retained(and who had been inspecting and servicing the pumps for two years) from gaining access to the pump shed for inspection and servicing last month. Although they were not required to do so, the Trustees provided your client with an opportunity to remove the lock on or before July 11, 2014 so that the regularly scheduled inspection could take place. The Trustees of the Sutton Pond Condominium have advised me that your client never removed the padlock that he had installed on the door to the pump shed. As a result, the. inspection did not proceed. The conduct of your client in installing the padlock,preventing the scheduled inspection under the maintenance contract and in failing to remove the padlock to allow the inspection to proceed after receiving written notice constituted an intentional breach of the terms of the Settlement Agreement and of his obligations pursuant to the prior decisions of the arbitrator. By his conduct, your client has waived any further obligation of the Sutton Pond Trustees to inspect,maintain, service,repair or replace the pumps from and after July 1, 2014. Please treat this letter as final notice from the Trustees that they will not perform any additional inspection or maintenance of the pumps from and after this date and that all inspection and maintenance of the pumps is now the sole responsibility of the Stone Mill Realty Trust and its beneficiaries. Any obligation of the Trustees to inspect or maintain the Peter Kutrubes,Esq. July 22,2014 Page 2 pumps has been terminated, waived and released by the conduct of your client. If any inspection of the pumps is deemed to be necessary or any maintenance is required, the Stone Mill Realty Trust shall be obligated to arrange for such inspections and maintenance at its own cost and expense. This notice is being forwarded to you in your capacity as counsel for Gregory Smith and the Trustees and beneficiaries of the Stone Mill Trust. I will rely upon you to share it with them immediately. To avoid any dispute regarding delivery, I am forwarding copies by regular mail, fax transmission, certified mail and e-mail. incerely, Charles E. Vander inden Writer's Direct Email: cvanderlinden(a-inden(@starrvanderlinden.com CVL•s11 F:4vltSunon Po'WSlarc b511&Smith Ulla-0a1-2012-2014%W b.1M,07-22.4014.wyd Enclosure: Letter addressed to Peter Kutrubes dated July 3,2014 cc: Trustees&First Realty Management First Copy: First Class Mail,postage pre-paid Second Copy: Certified Mail No. 7012 0470 0001 1020 3932 Return Receipt Requested Third Copy: Fax Transmission: 925-256-7660 Fourth Copy: E-Mail:pkutrubes@kutrubeslaw.com STARREmily S.Starr Pc Starr Vanden Linden LLP Charles E.Vander Linden 625 Main Street VANDER LINDEN Laura Silver Traiger Fitchburg,MA 01420 tel 978-345-6791 A T T O R N E Y S A T L A W Cynthia A.Brown fax 978-345-6935 Seven State Street Worcester,MA 01609 tel 508-754-8882 fax 508-754-3639 July 24, 2014 Via Facsimile: 925-256-7660 Peter Kutrubes 1415 Cakiand iioulevard, Suite 102 Walnut Creek, CA 94596 RE: My Client: Sutton Pond Condominium Trust Your Client: Stone Mill Realty Trust Dear Mr. Kutrubes: As I indicated in earlier correspondence, the Trustees of the Sutton Pond Condominium"frust have relinquished to the Stone Mill Realty Trust all responsibility for the inspection, maintenance, repair and replacement of the sewage disposal pumps that serve the Stone Mill Realty Trust property. In order to ensure that Stone Mill has unrestricted access to the ' ' building where the pumps are located, the Trustees have removed the padlock that they had previously placed on the building to provide security for the pumps and the structure. Since Stone Mill has full responsibility for the pumps from and after July 1, 2014, it also now has unrestricted access to the pumps and full responsibility for the security and protection of the pumps by virtue of the padlock that Stone Mill installed on the building. This letter is forwarded solely for the purpose of notifying Stone Mill.that Sutton Pond has removed its padlock and the Stone Mill now has sole responsibility for security and protection of the pumps and related equipment. (fes Vander Linden Writer's Direct Email: cvanderlinden@starrvanderlinden.com CVLgt F:lcv115unon PondSl...MA&SIM Liigmim-]011-1014W Wb"I<0a 07•14d014.�Vd cc: Trustees&First Realty Management TOWN OF NORTH ANDOVER FINDING ZONING BOARD OF APPEALSI VVI { Procedure & Requirements 2015 AUG - For an Application for a Finding , Ten (10) copies of the following information must STEP 6:SCHEDULING OF E VG A ' be submitted thirty U days prior to the first public PREPARATION OF LEGA hearing. Failure to submit the required information The Office of the Zoning Boa 'bf schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the ` The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them.ttems that STEP 7 DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE. ' The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS:* STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petition the represented by an agent or attorney, In the absence of i Board of Appeals for a FiNDING.All information as any appearance without due cause on behalf of:the required in items 1 through and including 11 shall be petitioner,the Board shalt decide on the matter by using completed. the information-it has otherwise received. Step 3: PLAN PREPARATION: STEP 8: DECISION: Petitioner submits all of the required plan information as After the bearing,a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to 911 parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one(1)original.of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. i The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds,Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts,and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of ' information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). j r"•' 3S a� -,L .� `moi mac' c1r-4 F I , IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Cleric's Office 978-688-9545 Building Department Page 2 of 4 Date&Time Stamp Application for a FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Gregory Smith, 146 Main Street,North Andover,Massachusetts 01845.Telephone(978)688-5717 Trus—tee Stone Mill,.iF aity Trust t. *The petitioner shall be entered on the legal notice and the decision as entered above- 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Stone Mill Realty Trust, 146 Main Street(Formerly 148 Main Street,Building A),North Andover-MA 01845 978-688-5717 Years Owned Land: 16 3. Location of Property: a. Street: 146 Main Street Zoning District b. Assessors: Map number Lot Number. c. Registry of Deeds: Book Number 3:6840 Page Number:33 84 321 5384 329 4.Zoning Sections under which the petition for the Finding is made. Special Permit Granted to Develop Sutton Pond Condominiums-Book 2111,Page 167,Book 3675;Page 230 through 229 and the fact that no actual permit with Building or other Department was ever filed in compliance with this special permit or in compliance with the lavy to h i"station Conipl2mts for enforcement have heen film over the.past 16 4!e2rq with tilt-building *Refer to the Pernift C-11 as supplied-bythe Building Commissioner department,but no action was eves taken. Describe the Finding request: No finding has ever been made because the-building department as well as the Town(Health Dept as well)refused to take any action. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve addiltional items not Included above. 6a, Difference from Zoning By-LAW requirements; Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are In the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq.Ft. Sq.Ft Coverage Feet Spaces Front Side A Side B Rear % Page 3 of 4 Application for a FINDING , f+ac �1�+�r^ �--z'� 3k^�as'rsRA" :^=' •,rs�"+ �ri�' v .e. ^zvs�, x .. .t-x- .. NORTH ANDOVER 20NING BOARD OF APPEALS 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back` Sq.Ft. Sq.R. Coverage Feet Spaces , Front Side A Side B Rear N/A % c. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq.Ft Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear N/A o� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back` Sq. Ft Sq.R. Coverage Feet Spaces Front Side A Side B Rear N/A € % 7. a. Existing Buildings: Ground Floor number of Total Use of Square feet Floors Sq.feet Building' N/A i *Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: Ground.Floor Number of Total Use of Square feet Floors Sq.feet Building* N/A i 'Reference Use Code numbers and Usetfrom the Zoning By-Law State number of units in building. i 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed.with { the Town.Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this 1 application received by the Town Clerk or the Zoning.B If Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all a se r firing and legal notifi on. ure to com ly with application requirements,as cited herein and in the Zoning Board Rules and Regulations mayre K in a v by the Zoni Board of is applicau n as incomplete. JA Signature Type above name(s)here on-;mith,Trustee of Stone Mill Realty%Trust PAGE 4 OF 4 FINDING North Andover Zoning Board of Appeals Wq 9. WRITTEN DOCUMENTATION Applicationfor a Finding must be supported by a legibly written or typed memorandum setting forth in detail all 10 C. FEATURES TO BE INDICATED ON PLAN facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. A. Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district(s) identified and factually supported: Addressing each of 3. names of streets the below points individually is required with this 4. wetlands to be shown on plan (d applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure structure. 7. deed restrictions, easements B. Legend&Graphic Aids: B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines&outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS- be accompanied by the following described plan. Plans Major Projects shall require that in addition to the above must be submitted with this app±ir.,ation to the Town features,plans must show detailed utilities,soil,.and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction,conversion and/or a proposed change in use. Elevation plans for minor 10 A. Major Projects projects include decks,sheds,&garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed:a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, c)2000 square feet or more of building area. 11.APPLICATION FILING FEES Minor projects that are less than the above limits shall A. Notification Fees:Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all abutters,and then supply asterisks(*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required• supply stamps(appropriate current postage)for mailing of decisions to all parties of interest as 10. B. Plan Specifications: identified in MGLA ch.40A,sec. 11 as listed on the a) Size of plan: Ten(10) copies of a plan not to application. ZBA Secretary will compute number of exceed 11"x17"preferred scale of i"=40'. stamps. b) Plan prepared by a Registered Professional B. Applicant is to supply one(1)set of addressed Engineer and/or Land Surveyor,with a block for five labels of abutters to ZBA Secretary who will mail ZBA signatures and date on mylar. decisions to abutters and parties in interest. C. Administrative fee of$50.00 per application. I Ciofolo, Angela From: Albert P. Manzi III <attymanzi@manzilaw.net> Sent: Tuesday, August 18, 2015 2:07 PM To: Peter Kutrubes Cc: Ciofolo, Angela;Thomas J. Urbelis Subject: Re:ZBA Appeal of Complaints for Investigation Attorney Kutrubes, Thank you for the reply. As you are likely aware, pursuant section 10-5-1 of the Town Charter the Zoning Board of Appeals is excepted from the coordination of the division of Community Development Department. I understand your client's position and request for a hearing at the Board of Appeals. As previously communicated a section 7 enforcement request to the Building Inspector is required as a pre-condition to your client's standing to be heard at the September meeting of the Board of Appeals and would cure your defective filing. At this point I am asking you to communicate directly with Attorney Thomas Urbelis, Town Counsel, to resolve this matter and address the notice issue to ensure all procedural requirements are in proper order. I have copied Attorney Urbelis as to the communication. Regards, APM III, Chairman, ZBA Attorney Albert P. Manzi III PO Box 486 North Andover, MA 01845 Tel. 978-771-1553 Fax 978-824-3996 www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error,please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 18, 2015, at 12:48 PM, Peter Kutrubes <pkutrubes@kutrubeslaw.com> wrote: Mr. Manzi: I have reviewed MGL 40a, Section 7. i I can look at the annotations and relevant case law,but it seems to me that the complaints Mr. Smith filed at the beginning of 2015,which were included in the ZBA package, would be considered requests for enforcement. The complaints were addressed and filed with the Building Department of North Andover. Although the complaints themselves were"Complaints for Investigation"the attachments clearly identified violations of the code, special permit and requested enforcement of the same. I really do not understand how clearer this issue can be. With respect notice to the abutters. Although there is an issue with respect to whom should be on notice, Mr. Smith was provided a list in or about 2002. This is the same basic list that the town certified this spring. On both lists,the Town specifically excluded the individual condominium unit owners. Accordingly, how can Mr. Smith be responsible if the town is supposed to provide the abutters list. I look forward to your response. Thank you. Sincerely, Peter L. Kutrubes Attorney & Counselor At Law In California 590 Lennon Lane, Suite 180 Walnut Creek, California 94598 Tel. (925) 939-9600 x 101 Fax(925)256-7660 In New England 63 Shore Road, Suite 24 Winchester, Massachusetts 01890 Tel. (603) 845-3230 x101 Fax(603) 782-4366 THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT OF THE INTENDED RECIPIENT, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS HEREBY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE. 2 From: Ciofolo,Angela [mailto:ACiofolo@townofnorthandover.com Sent:Tuesday,August 18, 2015 9:36 AM To: Peter Kutrubes<pkutrubes@kutrubeslaw.com> Subject: FW: part 1 of 2 Hello Peter, I tried to call you, but your mailbox was full, please read e-mai!(s) below regarding what Al Manzi wanted me to let you know( please read below). Have a great day! Angela Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 Web www.TownofNorthAndover.com From: Albert P. Manzi III [mailto:attymanzi0)manzilaw.netl Sent: Tuesday, August 18, 2015 9:20 AM To: Ciofolo, Angela Subject: Re: part 1 of 2 Well, we should follow up with the attorney and explain to him the application is defective, but curable via a section 7 enforcement request being sent to the building inspector. Also we should inform the attorney that all abutters need to be notified unless he can provide controlling authority to me which says he does not have to do so. If there is an issue, let me know. APM III, Chairman www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 18, 2015, at 7:38 AM, Ciofolo, Angela<ACiofolo@townofnorthandover.com> wrote: 3 I Hello Al, Not yet. From: Albert P. Manzi III [mailto:attymanzi(-@manzilaw.netl Sent: Monday, August 17, 2015 3:47 PM To: Ciofolo, Angela Subject: Re: part 1 of 2 Has an enforcement request been filed per mgl ch 40a sec 7? www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error,please note the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 11, 2015, at 5:04 PM, Ciofolo, Angela <ACiofolo@townofnorthandover.com>wrote: Hello Al, sorry to have this interfere with your vacation. Thanks for your help. Angela From: Albert P. Manzi III [attmanzi@manzilaw.netl Sent: Tuesday, August 11, 2015 12:41 PM To: Ciofolo, Angela Subject: Re: part 1 of 2 Angela, I am of the opinion the applicant must first seek and enforcement request to the building inspector per mgl ch 40a sec 7, and wait 14 days for a reply prior to being docketed as a party aggrieved per section 8. 1 will conference with Town Counsel. APM III, ZBA, Chairman www.manzilaw.net<http://www.manzilaw.net> 4 Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 11, 2015, at 7:56 AM, Ciofolo, Angela <ACiofologtownofnorthandover.com<mailto:ACiofolontownofn orthandover.com>> wrote: Hello Al, Please see attached file regarding the appeal on the sewer pump from Atty. Peter Kutrubes. Note this is part 1 of 2. Also I would appreciate if you could please call me, regarding this, I NEED HELP PLEASE! Thank you! Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite203 5 North Andover, MA 01845 Web www.TownofNorthAndover.com<http://www.townofiortha ndover.com/> [cid:ima eg OO1.jpg@O1DOD40B.38CBE640 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. Visit us online at www.townofnorthandover.com<http://www.townofnorthandover.c om> Social Networks twitter.com/north andover<http://twitter.com/north andover> www.facebook.com/northandoverma<http://www.facebook.com/n orthandoverma> <201508110746.pdf> 5 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. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandovenna 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. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma 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. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma <First Complaints - 2015_01_l4_07_45_58.pdf> <complaint to town of north Andover.pdf> <abutters List 146 Main St.pdf> 6 Ciofolo, Angela From: Peter Kutrubes <pkutrubes@kutrubeslaw.com> Sent: Tuesday, August 18, 2015 12:48 PM To: Ciofolo, Angela; attymanzi@manzilaw.net Subject: ZBA Appeal of Complaints for Investigation Attachments: First Complaints - 2015_01_14_07_45_58.pdf; complaint to town of north Andover.pdf; abutters List 146 Main St.pdf Mr. Manzi: I have reviewed MGL 40a, Section 7. I can look at the annotations and relevant case law, but it seems to me that the complaints Mr. Smith filed at the beginning of 2015, which were included in the ZBA package, would be considered requests for enforcement. The complaints were addressed and filed with the Building Department of North Andover. Although the complaints themselves were"Complaints for Investigation"the attachments clearly identified violations of the code, special permit and requested enforcement of the same. I really do not understand how clearer this issue can be. With respect notice to the abutters. Although there is an issue with respect to whom should be on notice, Mr. Smith was provided a list in or about 2002. This is the same basic list that the town certified this spring. On both lists, the Town specifically excluded the individual condominium unit owners. Accordingly, how can Mr. Smith be responsible if the town is supposed to provide the abutters list. I look forward to your response. Thank you. Sincerely, Peter L. Kutrubes Attorney & Counselor At Law In California 590 Lennon Lane, Suite 180 Walnut Creek, California 94598 Tel. (925) 939-9600 x 101 Fax(925)256-7660 In New England 63 Shore Road, Suite 24 Winchester, Massachusetts 01890 Tel. (603) 845-3230 x101 i Fax (603) 782-4366 THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT OF THE INTENDED RECIPIENT, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS HEREBY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE. From:Ciofolo,Angela [mailto:ACiofolo@townofnorthandover.com] Sent:Tuesday,August 18,2015 9:36 AM To: Peter Kutrubes<pkutrubes@kutrubeslaw.com> Subject: FW: part 1 of 2 Hello Peter, I tried to call you, but your mailbox was full, please read e-mail(s) below regarding what Al Manzi wanted me to let you know( please read below). Have a great day! Angela Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 Web www.TownofNorthAndover.com From: Albert P. Manzi III [mailto:attymanzi@manzilaw.net] Sent: Tuesday, August 18, 2015 9:20 AM To: Ciofolo, Angela Subject: Re: part 1 of 2 Well, we should follow up with the attorney and explain to him the application is defective, but curable via a section 7 enforcement request being sent to the building inspector. Also we should inform the attorney that all abutters need to be notified unless he can provide controlling authority to me which says he does not have to do so. If there is an issue, let me know. APM III, Chairman www.manzilaw.net 2 Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error,please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 18, 2015, at 7:38 AM, Ciofolo, Angela<ACiofolo@a,townofnorthandover.com>wrote: Hello Al, Not yet. From: Albert P. Manzi III [mailto:attymanzi@manzilaw.netl Sent: Monday, August 17, 2015 3:47 PM To: Ciofolo, Angela Subject: Re: part 1 of 2 Has an enforcement request been filed per mgl ch 40a sec 7? www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 11, 2015, at 5:04 PM, Ciofolo, Angela<ACiofolo@townofnorthandover.com>wrote: Hello Al, sorry to have this interfere with your vacation. Thanks for your help. Angela From: Albert P. Manzi III [attymanzi@manzilaw.netl Sent: Tuesday, August 11, 2015 12:41 PM To: Ciofolo, Angela Subject: Re: part 1 of 2 Angela, I am of the opinion the applicant must first seek and enforcement request to the building inspector per mgl ch 40a sec 7, and wait 14 days for a reply prior to being docketed as a party aggrieved per section 8. I will conference with Town Counsel. APM 111, ZBA, Chairman 3 www.manzilaw.net<http://www.manzilaw.net> Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error,please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 11, 2015, at 7:56 AM, Ciofolo, Angela <ACiofolo@townofnorthandover.com<mailto:ACiofolo@townofnorthandover.co m»wrote: Hello Al, Please see attached file regarding the appeal on the sewer pump from Atty. Peter Kutrubes. Note this is part 1 of 2. Also I would appreciate if you could please call me, regarding this, I NEED HELP PLEASE! Thank you! Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 Web www.TownofNorthAndover.com<http://www.townofnorthandover.com/> [cid:ima eg OO1.jpg@O1DOD40B.38CBE640] 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. Visit us online at www.townofnorthandover.com<http://www.townofnorthandover.com> Social Networks twitter.com/north andover<http://twitter.com/north andover> www.facebook.com/northandovenna<http://www.facebook.com/northandoverma <201508110746.pdf> 4 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. Visit us online at www.townofnorthandover.com: Social Networks twitter.com/north andover www.facebook.com/northandoverma 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. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma 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. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma 5 Ciofolo, Angela From: Albert P. Manzi III <attymanzi@manzilaw.net> Sent: Tuesday, August 11, 2015 12:42 PM To: Ciofolo, Angela Subject: Re: part 1 of 2 Angela, I am of the opinion the applicant must first seek and enforcement request to the building inspector per mgl ch 40a sec 7, and wait 14 days for a reply prior to being docketed as a party aggrieved per section 8. I will conference with Town Counsel. APM III,ZBA, Chairman Attorney Albert P. Manzi III PO Box 486 North Andover, MA 01845 Tel. 978-771-1553 Fax 978-824-3996 www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error,please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 11, 2015, at 7:56 AM, Ciofolo,Angela <ACiofolo@townofnorthandover.com>wrote: Hello Al, Please see attached file regarding the appeal on the sewer pump from Atty. Peter Kutrubes. Note this is part 1 of 2. Also I would appreciate if you could please call me, regarding this, I NEED HELP PLEASE! Thank you! Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 Web www.TownofNorthAndover.com x 1 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. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma <201508110746.pH> z 1 Ciofolo, Angela From: Albert P. Manzi III <attymanzi@manzilaw.net> Sent: Tuesday, August 11, 2015 9:40 AM To: Ciofolo, Angela Subject: Re: part 1 of 2 Hi, I did not see an enforcement request letter to the building inspector that would be a requirement for docketing after the proper time had past if not action was being taken. Regards, APM III, Chairman, ZBA Attorney Albert P. Manzi III PO Box 486 North Andover, MA 01845 Tel. 978-771-1553 Fax 978-824-3996 www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above.Any other reading, dissemination, distribution or reproduction is prohibited. If you receive this email in error,please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. On Aug 11, 2015, at 7:56 AM, Ciofolo, Angela <ACiofolo@townofnorthandover.com>wrote: Hello Al, Please see attached file regarding the appeal on the sewer pump from Atty. Peter Kutrubes. Note this is part 1 of 2. Also I would appreciate if you could please call me, regarding this, I NEED HELP PLEASE! Thankyou! Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 Web www.TownofNorthAndover.com 1 1 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. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north andover www.facebook.com/northandoverma <201508110746.pdf> 2 PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDNIDUALS TELEPHONE(925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206-1710 FAX(603)782-4366 August 3,2015 Zoning Board of Appeals Town of North Andover 1600 Osgood Street—Suite 2035 North Andover,Massachusetts 01 845 RE: Appeal of Decision Not to Enforce — Letter of Authorization -Sewer Pump Station located at 146 Main Street,North Andover,MA To Whom It May Concern: We,Gregory Smith and Linda.VanDeVoorde,as Trustees of the Stone Mill Realty Trust,the appellants,hereby authorize our attorney,Peter L.Kutrubes,to communicate with and represent us in front of the Zoning Board of Appeals concerning our dated August 2015. Sincerely, GREGORY SMITH LINDA VANDEVOORDE 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 July 15, 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 To Whom It May Concern: Gregory Smith, individually and on behalf of Stone Mill Realty Trust, owners of the real property referred to above, hereby appeal the decisions of the Town of North Andover to deny Smith's complaints filed with the Town on January 13, 2015, January 14, 2015 and January 21, 2015 (three in total). These complaints were filed specifically with the building department and other departments to enforce the town's regulations concerning the permitting, construction and operation of a sewer pump station constructed to benefit Smith's property. The complaints have been on record with the Town for six months, and no official of the Town has made any formal decision concerning these complaints. Currently, the subject sewer pump station that has been both constructed and "retrofitted"by Sutton Pond Condominium Trust, is barely operable after being inoperable due to a burst pipe caused by a freeze on or about January 10, 2015. The actual pump station did not go back into operation after the freeze until in or about April 2015,being out of service for approximately three months. However, even as of last month, in or about the beginning of June 2015, Sutton Pond represented that it has complied with all applicable regulations and law concerning the design and construction of the this pump station even though it is apparent that this pump station is out of compliance and has been since it was constructed and "retrofitted" by Sutton Pond Condominium Trust. Meanwhile, for years, the Town of North Andover, has taken no action and found no fault with the present pump system, until recently. The Town of North Andover ignored the fact that the pump station was inoperable through early March 2015. In fact,as recent as March 18, 2015, the Director of the Town of North Andover Board of Health ignored that the sewer pump station was overflowing and human waste had sprayed all over the interior of the pump station before she was instructed by the Director of Economic and Community Development, Eric Kfoury,to address this pump station. Even after being instructed to address the pump station,the Town's Board of Health has been slow to act and order Sutton Pond Condominium Trust to take any remedial action. Up until Sutton Pond actually made the pump station barely functional in April 2015, the wet well is overflowing with raw sewage that is seeping onto the gravel floor of the pump station, and beyond. It took until late May or early June before Sutton Pond Condominium Trust remediated all the contaminated portions of the pump station shed, but, like everything Sutton Pond Condominium Trust has done, its work was poorly done. Only the insulation was removed. The wails, ceiling and floor were not doused with any chemical agent to remediate the human waste. This pump station has been a long stating issue that has been repeatedly brought to the Town's attention. Attached is a copy of the recent complaints as well as the attachments, including the special permit issued by the Planning Board in 1992, and the only permits issued concerning this pump station—only for the construction of a"shed",and two electrical permits. No permits were ever issued for the plumbing and pump system itself and this present pump system violates the special permit issued by the Planning Board issued in December 1992. Sutton Pond Condominium Trust constructed this sewer pump station and was responsible for constructing it in a proper manner, according to the law and the regulations of the State of Massachusetts and Town of North Andover. Its obligation was prescribed by law upon the formation of the Trust, passed on by the developer, pursuant to Section 183A of the Massachusetts Statutes. Since 1992,the Trust has failed to perform its duty under the law and all subsequent judgments,awards and/or agreements. Proper manner, according to the law, required this pump station to be designed, engineered and permitted. Instead, it was constructed without any design, engineering or permits. The improper manner in which it was constructed has caused this pump station to repeatedly fail. At present,despite the partial functional status of the pump station, it is seeping sewer gases into 146 Main Street building as the wet well is not properly sealed. The pump shed has no insulation, power ventilation or heat, thereby posing other hazards, including freezing hazards if nothing is done by the time winter arrives. Finally, the exterior of the building has been rotting and there are several holes in the back siding, exposing the inside of the pump station. There are other code violations presented to the Director of Community and Economic Development,Eric Kfoury. The Town of North Andover has informally recognized that the pump station is not in compliance and was improperly constructed. However, it has not rendered any formal findings, nor has the Town taken any formal action. Although Director Kfoury's efforts have been commendable considering the past inaction of the Town. However, formal action by the Town needs to be taken. -2- Smith has filed three complaints in the past six months. The Town has failed to address these complaints. Failing to render any decision on these complaints, effectively taking no action on the complaints that have been lodged with the Town for six(6)months,is an effective denial of the complaints. Petitioner Gregory Smith hereby appeals to the ZBA to address his complaints and render a formal decision so that proper action can be taken. Sincerely, M" L. 1�4u s, PETER L. KUTRUBES -3- PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW ;EIVE-: A LAW PRACTICE FOR 590 LENNON LANq Urm180,'W' )CALIFORNIA 94598 BUSINESS AND INDIVIDUALS LEP ( )339 �q�'(925)256-7660 63 SHORE ROAD,�O S SETTS 01890 NE 17 10-(603)782-4366 zt 0-i SENT VIA EMAIL LETTER AND ATTACHMENTS AND REGULAR MAIL S �RUSi-r I..TS ' April 9,2015 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 Dear Eric: Thank you for speaking with me yesterday at length concerning the sewer pump station located at 146 Main Street,North Andover,Massachusetts,the real property belonging to my clients referred to herein as Gregory Smith. aur_ matt . ou a t se: e . arts Su�515 " u vac a.a....aa..r... w Finally,you advised me that you were going to meet with members of your staff this week,preferably today,including the Health Department,to discuss the present code violations that exist with the sewer pump station as well aswhich department was ultimately going to enforce these code violations. Once these meetings were concluded with your staff, you were going to approach Sutton Pond Condominium Trust and cite the violations as well as discuss with their engineer the necessary and immediate resolution to these violations. Please note that under the terms of the original Settlement Agreement with Sutton Pond,Mr. Smith was to review and approve the design of the retrofitted/replacement pump system. We also discussed the code violations as well as the history of this pump station where upon I agreed to send you a copy of TR-16. I am attaching a copy of TR-16 to this letter that is being sent to you via email. As a brief summary,when the developer was granted a special permit to develop the mill buildings into what is now Sutton Pond condominiums,he was also given a subdivision on the building and land that is now 146 Main Street. Pursuant to that special permit,the present pump station serving 146 Main Street was to be raised and a new pump station was to be constructed. The newly constructed pump station was to have the effluent from 146 Main Street pumped across the stream to the newly constructed pump station serving Sutton Pond Condominiums. As you are aware,that never happened. The original pump station was raised,but the present pump station was constructed without permits,design or engineering,and its connection was not as stated on the special permit,but to the 100+year old main that flows uphill from 146 Main Street and connects to the main on 2d and Main Street. Thank you again for your time. I look forward to speaking to you with an update early next week. Sincerely, PzU,v L. PETER L.KUTRUBES -2- - a Town of North Andover , NpRtk p�t�• ;.gtip Office of the Planning Department p Community Development and Services Division �� r 400 Osgood Street North Andover,Massachusetts 01845 SSACNUS�t Town Planner bft://www.tOwnQfi-lorthandover.com Lincoln Dalev° P (978)688-9535 F (978)688-9542 Gregory Smith,AIA GSD Associates,LLC 148 Main Street, Building A North Andover,MA 01845 June 23,2005 Mr. Smith: I am of the understanding that you are currently having a disagreement on a legal settlement regarding the ability for one side to negotiate a change to complete a scope of work that deviates from the language and conditions stipulated in the Site Plan Special Permit issued in 1993. The purpose of this letter is to provide clarity in outlining the regulatory process involving site plan review. Below please find the relevant sections of the Bylaw pertaining to changes/modifications to an approved site plan. Town Bylaw Section 8.3(4)Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8)- Revisions to Approved Site Plans. Town Bylaw Section 8.3(8)-Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review.No revisions shall be approved until the Town Planner receives three(3)copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs,storage or accessory buildings,provided that no Town Bylaws are violated by the change; u7 The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board,upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection,and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. In an effort to expedite this matter,my recommendation would be for the individual(s)involved in the disagreement to submit a copy of the original decision,a plan including the modifications,and short explanation detailing the proposed scope of work. Upon receipt of all materials,I will make the determination whether the scope of work is materially different from the site plan approved by the Planning Board. If you have any questions or require additional information,please do not hesitate to contact me. Sincerely, Lincoln Daley Public Records :eauest Form (Print out and mail orfiring ring to station) It is the goal of the Records Department to provide the public with access information defined as public by law or regulation,while maintainingthe confidentialityof information exempted from release.So that we may fully comply with all laws and regulations,records requested will be mailed within the next business day of your request,unless records are not yet completed.Written estimates will be mailed within ten days when the estimated cost to provide those records exceeds$10.00. Please note that prior to 1997 records were not computerized and in order to retrieve a report,you most know the name,date or the approximate date. 1worder that we may Sed the information von SOCL cleave fin onM f ll (PLEASE PRIN1� n Name of anN_party IDiolved: G- f Report Number: (UImown) Type of Incident: [ROCOrds M1411 be de aiWd-ftb Ma_;nabk$..� Date and time oqcE�r!e4 or Reported:in order that we may net this information to you please fill out the following (PLEASE PRINT) Name: Address: L54;2 �- /� ✓; ��� ' ;h 1 fr Home telephone `Work telephonj! �n Number: 6 -- � ' 2--Z 31 J Number Email t Addressvt, 2 Commonwealth of Massachusetts0l*&i:;l laetahh f _° I^ i Pcrniit No. Lis _ r� 4 _ Department of Fire Serrrices Occupancy and,Fee Checked_ BOARD OF FIRE PREVENTION REGULATIONS - ' [Rev. tleavehlanO. APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All irork to lie performed in';«�ur�lan:ce�tirth the\I istiaehuset"ts fiacchi. al C<fcic tl It C). 5??(AIR 12.00 tPLE:M PRAT A, iArK OR TYPE;ILL 1VF •.141TI(1N1 Date: 2- City or Town of To the 1l7tin&cl[Ir vJ'{Ytres: By this applrcati.oit the emtlersignc d 3iNes tu>tice of has orhe r intention Co per.fonn the electri.4al work described below.. 3 Location(Street Sc Number) Owner or Tenant Telephone No, Owner's:Address Is this permit in conjunction;with a building permit? Yes ❑ No (Check Appropriate. Box) b W Purpose of Building L'#laity Authorization No.. . Existing Service Amps / . Volts Overhead ❑ N Unslgrd o:of Meters❑ 'Y New Service Amps . ./r' Volts Overhead❑ Und rd ❑' N.o,:Qf Meters Number of Feeders and.Am:pacity Location and Nature of Pro osed Electrical Work: k Corn (¢rein o !lee' u!lnrcirt, krhle may he ivai;'e:d.fiiythi!ns rs rfiar.3.'t1:i. f ' No,of Recessed Luminaires No,.of Ceil.-Sus.p.(Paddle)Fans NO.of l'otal ) � Transformers KVA, „. No.of Luminaire Outlets No.of Hot Tabs Generators KVA No.of:LiiminairesAbove in- o.o mergency . rg tog I Swimming i'noi �rnd. ❑ end. Batter Units No.of Receptacle Outlets l No.of Oil.Burners FIRE ALARMS No.of Zones = No,of Switches No:of Gas Burners No.of Detection and Irlitiating Devices No.of Ranges No:of Air Cond, TOonst No.of Alerting.Devices No.of Waste.Disposers Heat Pump Number Tons KW 45�11 0.of elf-Contained Totals. _. Detection/Alertin Devices No.of Dishwashers Space/Area Heating KW Loci'!E3 1 lutticipaf El Connection other No.o'f Dryers Heating Appliances KW Security Systems:„. No.of ater No.of Devices or E uivalent No.of No,of Heaters KW Data Wtring: Si ns Ballasts No,of Devices or Equivalent No,Hydromassage Bathtubs No,of:Motors Total HP ielecommunication.s WiriE g No.of Devices orl. uitiaient OTHER: ' juruchaddir7r,riu}delail rfiieaoed arslS rcylrired/rt;the hapvcno—a/i)'rJ- Esumated Value of Electi ictal Work: {W hen required by.municipal.poky.) Work to Start: Inspections to be requested)in accordance with VIEC Rule iU,and upon completion• a INSURANCE COVERAGE: Unless wa'i.ved by.the owner;110.permit fort1 perebrinance.ofelectricul work may issue tirile! the hcensce provides proo.r.of li,ibi.lity insurance including"coinpleted operit ori.”rd>verave Or its subsEant tri equivalent, The undersigned certifies that such co:Lras4 is in torcu,:uiti has exl:ibiti ca proof o.tsame to the perrfltt i;:suiti;ut'tca. CI IECK Oti€: INSURANCE ❑ ilt)N.D ❑ .❑ (Slice iiy:) � - !certify,!!Il(/L'f 1/INp!!1)Et!)A!/J)e1J/17t25 Jlfnc,Yjorj',1hat.1he illfllrmatioll all !y/))liC(it !Lt .Cl)c tlllll Cptl!/)ICIt:. g FIRM NAME:— 41%//V /V LIC. NO.: x Licensee: LIC. lO. ii na.tu re r *;, i/! nl}�ltctrhle.�nlrt 'cti�rrtt;i mlhrli�El, i;urlrh:r}irle.� ccs : e tiddress: � � S7' �� ar Bus.Tel N • �It Tel Yo -s x.35 - Is .System Contractor License required for this work, it applicable,enter the lictnse rtuinber her€ OWNER'S ,NSURANCE VV,�IVER: I;im aWare that the:Licensee does not have the liability insursince eovcraae normally required by law. By my signature below, I hereby'w,rive tliis requirement' I inn the Icheck Dale ❑ovvncr{ ®owner's igen Owner/Agent Signature m cliephone No.r TOWN OF NORTH ANDOVER BUM DING IDEPAIRTAIENT APPLICATION TO CONSTRUCT REPAIR,RENOVATE,CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING • Section for facial Use x BUILDING PERMIT NUMBER: ? DATE ISSUED: f ! D c7 � SIGNATURE: O Building Commissioner r of Buildings Date 1.1 Property Address 1.2 Assessors Map and Parcel Number. /q(3 ",qW 5-72.FE-r L10 Al. 4A-1P0V - 1,�Number Parcel Number .1.3 Zoning Information: 1.4 Property Dfineosious - v tonin Dishier Proposed Use Lot area(at) Frontage(ft) --I L6 WELDING SETBACKS(ft) M Front Yard Side Yard Rear Yard Required Provide Required provided Required provided -� 1.7 water SupplyN GLCA0.§54) 1.5. Flood Zone hfi matins 1.8 Sewerage Disposal Systems Public o Private a Zone, ootide Flood Zone ❑ NoniaW On site Disposal System ❑ 2.1 Owner of Record SUTTU� P do cr�voc s /y t-3 44>4 1ti S 7P. AtiAOOve4 O Varve(Print) Address for Service: 978 - C0/ - 456 M5ignatur Telephone M 1.2 Authorized Agent 016 IT YV--EA4A) l Y0 1q.4 M,7 STQ_ d✓ A Nod✓e,? Jame Print Address for Service: ZZ4-- O ii Telephone Z 1.1 Licensed Construction Supervisor Not Applicable 0 5K MWFLL STS. "E 90,9y it.44 01016C) • G S 05 14-7q S' %ddress License'Number .O Efm"6t=w-S U<}P Is -n ,ieensed Co ction Su r. j���3��C�O - . Expiration vete ii Telephone gistered,)KA Improvement Contractor Not Applicable 0 O YP 14'- 1),Y 517 S' 3ompanyName_ Registration Number M 551g_ % r—• ddress 41 /Z3 2 O 05. 3�• 335- 303? Expiration Date _ de—, ,lgn Telephone G) r J9" Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit win result in the denial of the issuance of the bw7din "t ••��Saip��' ed affidavit Attached Yea.......0 No......D ' Name: Address Signature Telephone Name Area of Responsibility Address: Registration Number Signature Total Expiration Date ]Not applicable 0 Name: Address Registration Number Signature Telephone Expiration Date Name ' Area of Responsibility dress . Registration Number Signature Telephone Expiration Date Name Area of Responsibility kddress Registration Number iignatlure Telephone Expiration Date oG yMpl e ;ompany Name: Not Applicable 0 • tesponsible in Charge of Construction PRIME MEMO NewConsttuttion 0 Existing Building 0 Repair(s) 0 Alterations(s) 0 Addition ❑ Accessory.Bldg. ❑ Dernolitionp Other 0 Specify Brief Description of Proposed Work- yri0/J/Uh ' 1 ox isN 6 X 544;; GI De v►/j e s�. ecr . o USE GROUP Check as'a licable CONS1`RUC7TON TYPE rAAswm7bly .0 A-1 U A-2. 0 A-3 ❑ lA p' A.-4 ❑ A-5 . 0 . 1B 0 B Business 0 2A 0 C Educational 11 .2B 0 F Factory 0 F-1 0 F=2 ❑ ZG 0 H High Hazard VO 3A 0 IInstitutionai. jR-�l 0 L2 0 I3 ❑ 3B ❑ M Mercantile 4 0: R residential ❑ R-2 0 R_3 0: S.A S Storage ❑ S=1 0 S-2 0 :5B 0 U Mity, 0 Specit'y.. M Mixed Use 0 Specify., S Special Use 0 Specify-, p 'fy:. . COMMpLE7 E Tfu&$ECTiON 1F EXI5771YG BTIII DING UNDERGOING RENOVATIONS,AUDITIONS AND OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing Hazard Index 784 CNIR 34: Proposed Hazard Index 78:0 CMR 34: aim _„ MINE BUILDING AREA Number of Floors or Stories Include EXISTING(if applicabley, PROPOSED Basement.levels. Floor Area per Floor s Total Area M. Total Height.(ft) Tnd ndent Slmdutal gg&eering Structural Peer.Review Required Yes :C) No Q SECTION 10a Owner Authorization. TO M CO1&LETED WHEN OWNERS AQZNT 09.CIliXTRACTOR APPLIES FOP,BUILDING P)uRi'dUT I as Osxner of the sub o > subject:property Hereby.authorize. to act on, My belhA in all matters relative two Work authoiized by this building permit application Sigaanwe..of Owner Date ' ` t t `Y^ t I M ON WN L L, j A&Owner/Authorized Agent Hereby dec are that the statements and information on the foregoing application are true and accurate,to the best:of my knowledge and belief. Signed under the.pains and penaltiesof perjury 1�'7 le 0 4J: Pntnt Nam Si eftwnert bate 010—M. . Item `~ Estimated C�(Dollars)to be Completed b it a IiEant 1. Building o (a) Building Permit Fee y S' Multiplier 2 Electrical � (b) Estimated Total Cost of r Construction fiorn(6) 3 Plumbing /- Building Permit fee (sy x(b) 4 Mechanical:(HVAC) 5 Fire Protection 6 . Total (1+2-x°3+4+5 -15�0 Check Number. 34 F a / v ► CYv �3 lr �s- •y', ;s4"' -';fY" �%A4 * �. �C �t p '� ',�'}+S a> r'3b •,S�.Y.`T fr { y�} -C `.�� �.�•fle' 4F �}a,�y,.x. grS;a.d3�V.,t 4 Ii��ii :dict r,�fM yr.';�"t.Ua'.l•'kl < -fE' �`�.M{ V �di�iYy�i47. 4,5 te.�, .. NO.OF STORES' SIZE BASEMENT OR SLAB SIZE OF FLOOR TtIviBERS Isr 2 ND 3 RD SPAN DEMENSIONS OF SILLS DEMENSION:..S OF POSTS _ DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION TH[CISNESS SIZE OF FOOTING. X MATERIALOF CHIMNEY IS BUff DR4G ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL:GAS LINE air North,Andover Police Department 1475 Osgood Street incident Number: 2015000007475 N(Srth Andover, Ma. 01845-4099 File No: N/A (978) 683-3168 Dispatch Incident Number:2015000007970 Incident Report Print Date: March 24,2015 Printed By: amccarth Day of Date Time Acurred Day of Date 0rotxi� Week Time Date Time Tan Week Tues 03/17/2015 2:12:OOPM ' w R {: n Tues 03/17/2015 12:12:OOPMm X. eported As Incident T - r�.� 3/17/2015 12:12:55PM ype-Primary Of Arresting icer Disturbance-General Disturbance-General Incident Address 1600 Osgood Street, North Andover,MA 01845 Reporting Officer Sector Patrol Officer Robert Hiliner(441) Stat.Area Sub Stat.Area Census Tract . Landmark Business Name Incident Types-Other BUILDING INSPECTOR Action Taken elaft . .. Peace Restored ;< R flgh ' o Related Incidents reported for Incident 0:2015000007475 �EaErat�!`l�e�sor���]ina`F�; .v t:• ame(La�st First3 Mi -t,' x- __ {� ;of Birth 5euc NorriQ Pkv ria# Cell'P a( $ tNoriz Phone#; Involved SMITH,GREGORY P "� ¢'' ' -w•$ -• -.,:, (603)887-6068 (978)204-4770------------------- N/A 'r A'da're s 330 CHESTER STREET,CHESTER, NH 03036 Involved BROWN,GERALD A - ------ - --- 8/12/1949 M (978)375 6281 WA :.dd[e.. : 3A;: 524 Groton Street, Dunstable,MA 01827 -y"77•:: le4.i-![13F,'i'!4JgeJ'yJ��`rrE a • r: -Ut Caller ''_P► .ty>jhonek# SeCondery':_Phone# . _- BOARD OF HEALTH DEPT(NOH) (978)68 -9540 1600 Osgood Street, North Andover,MA 01845 ------------ -----------N/A-----•---•------- 1ri:YoLYer> (cs; Offi me SergeantrTYPe ., -:Uiyiswn Michael J Davis Shift Commander Lieutenant Charles P Gra Patrol Officers Patrol Officer y Reviewing Officer Criminal Investigations Division Robert E Hillner Reporting Officer Patrol Officer Robert E Hillner Patrol Officers Patrol Officer Responding Officer Patrol Officers Jawad J Lawlor Responding Officer Patrol Officers !BFtn1CR'.Ofeses; }`': Offense Number IBR Type Chapter Section No Incident Offenses Recordedfor Incident#:2015000007475 Statute ID/IBR Type Description <.Cori ptarifCl7aFges':�'' Seq# Chapter Section Name(Last,First MI) No Complaint Offenses Recorded for Incident#:2015000007475 Description of Offense 6Vehrcta'I qfa;��:,:; Reg Plate State(Year) Vehicle Year,Make,Model No Vehicla Info Recorded for Incident ft:2015000007475 �N Primary Color Second Color Insurance Co. No Property Info reported for Incident#:2015000007475 Incident Number.2015000007475 Page 1 of 4 PlFormSingle 08/27/14 North Andover Police Department 1475 Osgood Street Incident Number:2015000007475 Noah Andover, Ma. 01845-4099 File No: NIA (978) 683-3168 Dispatch Incident Number:2015000007970 Incident Report Print Date: March 24,2015 Narratives for Incident Number 2015000007475? yes Printed By: amccarth Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative by: Patrol otrit: 660it Hilfner(441) .Division:Patrol b ficefs: Date 8 Time Narrative Desc^otion 03/18/2015 10:42 n e �1Cid by Last Edit Date Patrol Officer Robert Open 03/18/2015 Hillner(441) On 3/17/15 at approximately 12:12pm this officer along with Officer Lawlor were dispatched to 1600 Osgood Street for a disturbance call at the Board of Health called in by Michelle Grant of the Health Department on behalf of Susan Sawyer.The party involved was reported as a Mr.Gregory Smith who was accompanied by two females.The disturbance occurred initially at the Board of Health reception area,but was reportedly moved to the Building Inspectors area located within the same confines: Myself along with Officer Lawlor entered the building and met Mr.Smith in the doorway of the Building Inspectors office.We asked him along with his two female companions to come back inside with us so that we may find out what the disturbance was all about.This officer engaged in conversation with Mr.Smith who at the time we met him was calm but stated he was quite frustrated with Susan Sawyer and the Board of Health in regards to a raw sewerage problem involving his place of business located at 146 Main Street. Mr. Smith indicated he was not getting any help from the Board of Health in relation to his sewerage problem.He has a 100 year lease of his property located at 146 Main Street which shares a sewerage ejection station with the condominiums located at 148 Main Street. The condo association is apparently responsible for the ejection system which has recently failed causing the intolerable odor of raw sewerage with the recent warm weather.Mr.Smith stated the ejection pump recently froze and now subsequently burst causing the current situation. Susan Sawyer interjected at this point and stated that his situation was not mine to solve as it has been an ongoing issue with lawyers involved for over a decade now on and off. She further stated that she only called the police to have him removed as he was causing a scene yelling and screaming. Mr. Smith was quite calm in the presence of both officers and I indicated to Susan Sawyer that I was simply trying to get a grasp of his situation and possibly assist him in what avenue to take or maybe she could assist in giving Mr. Smith the right avenue to pursue or agency to help him with the current problem. It was evident to this officer that in no way did Susan Sawyer wish to assist Mr.Smith in any way as she kept reiterating to this officer that this was an ongoing litigation and that I was not going to solve Mr.Smith's problems in a day. I informed Susan Sawyer that I was gathering information from both parties involved in an keep the peace.In an effort to assist Mr.Smith Susan Sawyer was asked if there effort to reach some sort of possible resolution for Mr.Smith to pursue,but Susan Sawyer stated that the police were called only to was anything she could do today to address Mr. Smith's current health complaint relating to the compromised ejection pump and subsequent raw sewerage odors,etcetera. Susan Sawyer stated that Mr.Smith could file a Complaint for Investigation and that only then would she go down to 146 Main Street.After completing same form, Mr.Smith was advised by Susan Sawyer that she had a meeting from 1 pm-2pm,but that she could go down after that at 3pm.Mr. Smith stated he had an appointment at 2pm in Billerica,but that he would cancel same to meet Susan Sawyer at 3pm.Susan Sawyer was informed that the police would accompany her when she went. Mr.Smith commented that he has supporting paperwork of judgment(s)against the Sutton Pond Condominium Association mandating the entity to repair or replace the system,but that the Association did not perform the necessary repairs or replacement of the ejection system as ordered by the court per the Board of Health specifications apparently involving the DEP also.Mr.Smith stated that an electrical permit was pulled to perform some of the work 2-3 years ago,but was not signed off on by him as would be necessary.I requested this permit from Gerald Brown of the Building Department who signaled this officer to talk to him in private. It was at this point that Officer Lawlor was released from the scene as we were down to minimum manning on our shift and that the situation was under control. I went back to speak with Susan Sawyer in her office followed by Michelle Grant of the Board of Health. Susan Sawyer immediately stated that I was only called in to protect her and that she only wanted for us to remove Mr.Smith from the building.When asked if she would call the station first prior to going down to 146 Main Street at 3pm Susan Sawyer informed this officer that she did not want to go.She further stated that she did not want to go down there with this officer as she felt I was siding with Mr.Smith. I informed Susan Sawyer that I was only trying to assist Mr. Smith and that I was certainly not taking sides as this was a civil matter anyway and that it was not uncommon for the police to do so in matters such as this. Susan Sawyer further stated that she wasn't refusing to go down and meet at 3pm,only that she did not want to. Susan Sawyer went on to say that she was threatened by Mr.Smith. I asked her if the threats involved anything physical in nature to which she responded,"No,he just threatened to sue me and the Town."I informed Susan Sawyer and subsequently Gerald Brown that if they did not want Mr. Smith to come to their offices anymore that they could consult the Town counsel in reference to a letter of trespass. Mr. Brown stated he just wanted Mr. Smith out of his office at this time. I also informed both parties that I would instruct Mr. Smith to correspond with Mr.Eric Kfoury, Director of Community Development,per the request of Susan Sawyer.Any in person visits it would be suggested that he call the police department first to have an officer meet him their to keep the peace. I was informed that Mr. Kfoury was out sick from work today and therefore unable to be advised of this situation until Wednesday. This officer escorted Mr. Smith from the Town offices along with the two females that were with him and work in his office. I informed Mr.Smith that I would be by with another officer for the 3pm meeting. This officer called off at Town Hall at approximately 3pm and instructed dispatch to call me on the radio when the Health Department called and I would meet Susan Sawyer at 146 Main Street.A short while later i was informed by Sgt.Davis that the meeting would not be held and that i was to inform Mr. Smith of the cancellation which I did.While notifying Mr. Smith of the cancellation he handed this Incident Number:2015000007475 Page 3 of 4 PlFormSingle 08/27/14 North Andover Police Department Incident Number:2015000007475 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: 2015000007970 (978) 683-3168 Print Date: March 24,2015 Incident Report Printed By: amccarth .4rrailve by: :Patrol-Officer Robert Hillrier(441) Division:Patrol Pffipem(continued) Date&Time Narrative Descrigtion Entered b Status Reviewed by Last Edit Date 03/18/2015 10:42 Patrol Officer Robert Open 03/18/2015 Hillner(441) officer some documents relating to the North Andover Board of Health Regulations for Watershed Pumping adopted in 1993.Same to be attached to officers report.Mr.Smith also showed this officer the ejection pump station and its apparent state of malfunction.Along with the supplied documentation,this officer to attach the most recent correspondence from the firm representing the Sutton Pond Condominium addressed to Gerald Brown of the Building Department along with an e-mail correspondence to Sgt.Davis from Susan Sawyer and as copy of the Complaint for Investigation as filed by Mr.Smith regarding this most recent incident/problem. Signature-Reporting Officer Signature-Reviewing Officer - - - ------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Incident Dispatcher Remarks: Create User II):system Date&Time 03/17/2015 13:25:51 2015/03/17 12:13 Gagnon,Marc 566:911 CALL FOR A MALE PARTY ACTING OUT YELLING AND SCREAMING. 2015/03/1712:14 Gagnon,Marc 566:323 OFF LAWLOR AND 309 OFF HILLNER RESPONDING. 2015/03/17 13:06 Wood,John 558:309 AND 307 ARE CLEAR, OFF HILLNER REPORTS WILL FOLLOW UP INVOLVED PARTY. -------------- -------------------------------------------------------------------------------------------------.......------------------------------------------------ Incident Number.2015000007475 Page 4 of 4 PIFormSingle 08/27/14 Town of North Andover Tow, Plgk-T stamp ZONING BOARD OF APPEALS t; " °C�,/ Welt 9..Manzi 999,&q. &xu� ��' � �'r�'• C"� t10RTy Sip . /!='41, Dain &dein o? `0.9 aue NaM Y&.£.scl. ~ - '`�° �*i, • aaan eu6ciaa aamciate.MentPcPJ[6Argo All, Deaett AtaVa{ntW SSACHUS�( Nat&m Weifvcd& af&xatubaa a.yacoa,,, &q. Date ; e; I f c 2-c) P 9 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints'for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit Comprehensive Permit (40B) Finding For property located at: STREET: , Pf-r e-J-/ ,/V10 r4,4 kikr- MAP: PARCEL: TOWN: North Andover MA 01845 TO MEETING DATES) NAME OF PETITIONER: 62-� :�?�I l c-U f�`c 0 6 e !''1.,�,� , SIGNED: Petitioner(or petitioner's representative) 1600 Osgood Street,Building 20-Suite 2035,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-1vww.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman a� ND orM qti Ellen P.McIntyre, Vice-Chairman �T= °`;t ^6'e°0 Associate Members D.Paul Koch Jr.Esqo p Deney Morganthal Allan Cuscia. ' Nathan Weinreich Doug Ludgin +� ? Alexandria Jacobs Esq. ACHUS�.•" �y Zoning Enforcement Officer SACH Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Zoning Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street,North Andover,MA on Tuesday, October 13, 2015 at 7:30 PM to all parties interested in the application of Gregory Smith, 146 Main Street North Andover, MA 01845 (Map 40.A Parcel 4) Located in the 1-2 Zoning District. The applicant is requesting a Finding(s) as a party aggrieved seeking an order that Sutton Pond Condominiums(s) fix a sewer pump station that is allegedly in failure and the applicant alleges that the station is out of compliance with all applicable laws,regulations and permits. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, Suite 2035,North Andover, MA, during regular business hours. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication September 29, 2015 Date of second publication October 6, 2015 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esq.Chairman of NORTH Syb Ellen P.McIntyre, Vice-Chairman t [u 1,2 y�;r ', o� Associate Members D.Paul Koch Jr.Esqa p Deney Morganthal Allan Cuscia. * * Nathan bVeinreich Doug Ludgin Alexandria Jacobs Esq. IT AC us pF 9 s Zoning Enforcement Officer Gerald A.Brolrn Legal Notice North Andover Board of Appeals Notice is hereby given that the Zoning Board of Appeals will hold a public hearing at the Town Hall at .120 Main Street,North Andover,MA on Tuesday, October 13, 2015 at 7:30 PM to all parties interested in the application of Gregory Smith, 146 Main Street North Andover, MA 01845 (Map 40.A Parcel 4) Located in the 1-2 Zoning District. The applicant is requesting a Finding(s) as a party aggrieved seeking an order that Sutton Pond Condominiums(s) fix a sewer pump station that is allegedly in failure and the applicant alleges that the station is out of compliance with all applicable laws,regulations and permits. Application and supporting materials are available for review at the office of the Zoning Departinent located at 1600 Osgood Street, Suite 2035,North Andover, MA, during regular business hours. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication September 29, 2015 Date of second publication October 6, 2015 Public Notices Page 1 of 1 a Massachusetts P Home Tuesday,September 29,2015 NORTH ANDOVER BOARD OF APPEALS NOTICE IS HEREBY GIVEN THAT NORTH ANDOVER BOARD OF APPEALS Notice is hereby given that the Zoning Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA, on Tuesday, October 13, 2015, at 7:30 P.M., to all parties interested in the application of Gregory Smith, 146 Main Street, North Andover, MA 01845 (Map 40.A Parcel 4), located in the I-2 Zoning District. The applicant is requesting a Finding(s) as a party aggrieved seeking an order that Sutton Pond Condominium(s) fix a sewer pump station that is allegedly in failure and the applicant alleges that the station is out of compliance with all applicable laws, regulations and permits. Application and supporting materials are available for review at the office of the Zoning Department, located at 1600 Osgood Street, Suite 2035, North Andover, MA, during regular business hours. By order of the Board of Appeals Albert P. Manzi III, Esq. Chairman ET 9/29, 10/6/15 Appeared in: Eagle-Tribune on Tuesday,09/29/2015 Printer-friendly version ',E-mail to a friend Home I Privacy Policy I Terms of Use I About Us I Contact Us ©Copyright 2001-2015 Legacy.com All Rights Reserved http://ma.mypublicnotices.com/PublicNotice.asp?Page=PublicNo... 9/29/2015 Public Notices Page 1 of 1 Massachusetts Notices � Home Wednesday,October 07,2015 NORTH ANDOVER BOARD OF APPEALS NOTICE IS HEREBY GIVEN THAT NORTH ANDOVER BOARD OF APPEALS Notice is hereby given that the Zoning Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA, on Tuesday, October 13, 2015, at 7:30 P.M., to all parties interested in the application of Gregory Smith, 146 Main Street, North Andover, MA 01845 (Map 40.A Parcel 4), located in the I-2 Zoning District. The applicant is requesting a Finding(s) as a party aggrieved seeking an order that Sutton Pond Condominium(s) fix a sewer pump station that is allegedly in failure and the applicant alleges that the station is out of compliance with all applicable laws, regulations and permits. Application and supporting materials are available for review at the office of the Zoning Department, located at 1600 Osgood Street, Suite 2035, North Andover, MA, during regular business hours. By order of the Board of Appeals Albert P. Manzi III, Esq. Chairman ET 9/29, 10/6/15 Appeared in: Eagle-Tribune on 09/29/2015 and 10/06/2015 j Printer-friendly version u E-mail to a friend Home I Privacy Policy I Terms of Use About Us I Contact Us ©Copyright 2001-2015 Legacy.com All Rights Reserved http://ma.mypublicnotices.com/PublicNotice.asp?Page=PublicNo... 10/7/2015 TOWN OF NORTH ANDOVER o� �orb�tio Building Department « 1600 Osgood Street Building 2-Suite 2-36 Building Dept 4ssacHus�t North Andover MA 01845 Tel: (978) 688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 1-13-2015 TEL#: TM W-- (5t22 NAME OF COMPLAINTANT: Gregory P Smith ADDRESS: 146 Main St. North Andover, MA 01845 COMPLAINT TYPE: &rm Me, PZYOP-r, PAr&U JUloc- 2btk 2007) Electrical: Yes - See Attached Report- Previously submitted to Building Dept. Plumbing: Yes - See Attached Report Gas: Board of Health / Planning Board - See Attached Report Building: Yes See Attached Report Stone Mill Realty Trust-Gregory P.Smith&Linda VanDeVoorde Trustees Property Owner: Address: 146 Main St. N.Andover MA(Formerly 148 Main St. Building "A") Please note that 146 Main St.is not part of Sutton Pond Condominiums. However Sutton Pond Other: Condo's has constructed an undesigned and non-permitted(DEP nor Town)sewer pump station attached to our building without our permission or approval. The Pump station supports our building and obtains al!of its electicity from our building. This sewer pump station is in failure. Please note that all permits for work on our property to the electrical system need to be signed and work approved by owners of 146 Main only. Previously the town Signed: has issued permits without our approval,and Gerald Brown has refused to then inspect the work on site. Complaint Foran-Revised 6.2007 TOWN OF NORTH ANDOVER "o'° ;'�o Building Department « : 1600 Osgood Street Building 2- Suite 2-36 Building Dept ��st North Andover MA 01845 Tel: (978) 688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 1-14-2015 TEL#: NAME OF COMPLAINTANT: G reg o ry P Smith ADDRESS: 146 Main St. North Andover, MA 01845 COMPLAINT TYPE: Electrical: yes- Improper wiring of heater can cause explosion of sewer gas. yes-Sewer Pump station is in failure.-Improper venting and sizing of wet well-Not Designed by P.E. Plumbing: Gas: Building: Stone Mill Realty Trust,Gregory P Smith, �inda VandeVoorde Trustees Property Owner: Address: 146 Main Street. North Andover Other: Sewer pump system that is owned and maintained by Suttoin Pond Condominium serves our building Sutton pond has refused to properly construct sewer pump system and it has once again failed This issue effects our buildiong as the pump station was constructed against our building the system wet well is not being pumped out and it is effecting our property We are asking the Town to enforce the requirement of special permit,the DEP regulations,and building code. Signed: it is our understanding that these are to be enforced to protect the safety of the citizens of the town. Complaint Form-Revised 6.2007 pORTF1 TOWN OF NORTH ANDOVER F > A Building Department « _ 1600 Osgood Street "p r Building 2-Suite 2-36 Building Dept �9sSacHUSEt North Andover MA 01845 Tel: (978)688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 1/21/2015 TEL#: (978) 688-5717 NAME OF COMPLAINTANT: Gregory P.Smith,Trustee on Behalf of Stone Mill Realty Trust ADDRESS: 146 Main Street, North Andover, MA 01845 COMPLAINT TYPE: Electrical: See Attached Plumbing: See Attached. Gas: Building: See Attached Stone Mill Realty Trust,Gregory P.Smith,Trustee and Sutton Pond Condominium Trust Property Owner: Address: Stone Mill Realty Trust,C/O Gregory P.Smith, 146 Main Street, North Andover, MA 01845 Other: Sutton Pond Condominium Trust, 148 Main Street, North Andover, MA 01845 Signed: Complaint Form-Revised 6.200 Attachment to Complaint Gregory Smith, individually and as Trustee of the Stone Mill Realty Trust, submits this complaint to the Town of North Andover with respect to the permitting violations committed by Sutton Pond Condominium Trust and its agents. Stone Mill purchased this land in or about 1998. However, this permitting issue and sewer pump station issues dates back to prior to Stone Mill's purchase of this real estate. In or about the 1992, the developer of the Osgood Mill Project that eventually became the Sutton Pond Condominiums, applied to the town of North Andover for a special permit in order to develop the former factory that was constructed on the site of the condominiums. On the other side of the stream created by the dam of the pond was building that pre-existed the development of the condominiums. This building, a three story structure that was presumably a grist mill in the 19th century, eventually became Stone Mill's real property. A copy of the special permit is attached hereto as Exhibit A to this attachment. At the time of development, this building had several previous uses, including offices that were once rented by the town of North Andover. It was served by a poorly constructed and poorly maintained sewer pump station that pumped sewage from below the sewer main up a cast iron pipe to the street above some 640 feet. This cast iron pipe was installed at the beginning of the turn of the nineteenth century. The developer applied and was granted the attached special permit to demolish the existing sewer pump station and construct a new and proper sewer pump station that was to pump the sewage from 146 Main Street to the larger pump station constructed on the site of the condominium complex. This required the sewage line to be newly constructed across the stream to what is now Sutton Pond Condominiums. Regardless of the change of ownership of the developer, the special permit concerning this sewer pump station that served 146 Main Street never changed. The developers of Sutton Pond Condominiums, eventually becoming Sutton Pond Condominium Trust (hereafter "Trust"), did construct a sewer pump station that presently exists, but never complied with the special permit. In fact, it was discovered even prior to Stone Mill's purchase of 146 Main Street that the Trust never obtain any permit to construct the present pump station that serves 146 Main Street. When Stone Mill Realty purchased this real estate,it was subject to a ground lease that leased land just larger than the footprint of the building to Stone Mill. Shortly thereafter, Stone Mill purchased the ground lease,uniting the ownership of the land and building. However, as part of the purchase, Stone Mill's building was serviced by the sewer pump station constructed by the Trust, that was constructed partially on Sutton Pond's land and partially on Stone Mill's land. The Department of Environmental Protection even made it clear in correspondence that no such DEP permit was ever issued for the present pump station that serves 146 Main Street. What presently exists is at best a shoddy, poorly constructed pump station that is destined to fail and cause contamination of the surrounding wetlands and soil. It was never engineered, poorly constructed and improperly permitted. In fact, the sewer pump system—the heart of this pump station—was never permitted. On numerous occasions, Gregory Smith, on behalf of Stone Mill, and others reported these facts to Town of North Andover officials. No action was taken by the Town of North Andover, particularly its building inspectors. Instead,permits were given to Sutton Pond by the building inspector to build a"shed"(in or about 2004 or 2005)on partially on Stone Mill's land and connected to Stone Mill's building. No permit was issued for a sewer pump station. In April 2012, an electrical permit was again issued to Sutton Pond for work to be performed on the pump station. Again, part of the electrical work was performed on Stone Mill's land, and the electrical work was actually performed and tied into Stone Mill's building. At no time did the Town, by and through its inspector, ever question or seek authorization from Stone Mill for either work. In May of 2012, Gerald Brown agreed to inspect the present pump station, but summarily cancelled his inspection and informed Mr. Smith that no inspections would be held,despite his former agreement. He then refused to return any telephone calls. The basis of Stone Mill's complaint is that the permits were improperly and illegally issues as the permitted work was performed on both Stone Mill's and land Sutton Pond's land. In addition, Stone Mill's complaint is that the improper permits have been issued, but there has never been a proper permit issued for this present sewer pump system. Under the law, the Town of North Andover is required to enforce the law as promulgated by the State of Massachusetts through its agencies, such as the DEP. This is to protect both the private citizens as well as the common health and welfare. In this case,the Town of North Andover has failed to do so. I am attaching evidence that no permits for the present sewer system were ever issued as proof that this system was never properly engineered or designed and fails to comply with even the most basic requirements that such sewer pump systems are required to have. All Stone Mill requests is to have a pump system that services his building comply with the law. -2- .1 ��' $83675 OthR OF NORTE A.NDo4Z8 -Now.L-�B ;h'.4.` r7J"tR :X ' A 2f1$9etC7iII8$TT9 �, It, N -�•k "� C:1 4 35 ..,°" N AM eppeat strati be filed within*Q)days aftf rft date of SM9 of WS NoUce s .wa is the Office of theTown t Creak. "TICE OF omtstow 100 t Data...Q" ."Geez`t;`t!!f . Date o4 Baatiag Dccera.'.�r t3.�t457 �i�+�+�ia JSP tJp. .....»............................................. ce ectad ,Qrat.s#dr�cf�tlntl0t#L Sszett�...........—.:.............. Refei'ftg to ttta abot.•e potitiot for a spedd potadt txm tha r"Ulreftms _ of the tFoFth desdorcr�laataE+b#Isvt.te�tfoc tI.:.Pinved�9tefopsa<nS�Dlaertct. .s Qs So as to peta$t .q:S ccteeut 1T.A.Special Pet it Sa ntA T ea Leta cote .fPP?Fmcj3o of,Ftra,Ost[ood-jtt12a�set; .•...... ....... .................. �g St a Alto a VubUc hemin� Wen or, We above date. the Ptenrdng Board voted Ct3$trI'MuAlLY to ;t?,PRatIA ......the ,SPt:CiJltn t...........................,............. Lased awn the fottostag eoaiStttorrs-. eex Dicaccor of VvlDUc'Qnlw • Daitdiag taspescor toaaezvatiam A6�e:aistrwtor Asseas AJfeat $tgyt¢d AQScaiflrE _ PoLlee Chief iaerss8s.hwjkr ..t�rfssux........� Firs Chief A"l ieaut .............. Eoataccr Fila .lahp tt-z%s ....e.............. tarateaccd Yass3ea Jaha .................... � R¢CirOTA'.Ptantiin��tiodret••.••... " B92676 " 221 •xxr.rs -T*VM Of W Mabs�Sftd.0150, NORTH ANDOVER Mime+ PLA1VMG&COMM=IY DEVELOPMW • Daceaber 2Y, 1492 M. Gonial Lcnq, Two Clark Tann Office-Building 120 Main Streat North Andover, HA 01645' Clsgocd Kill v1santai Dnvpitapsesnt District (POD) Special parnit The HoYth Aadovar Planzniag Heard held a public hearing on � Tuesday evsniaaq, -Capetsbar 1, 19s2, at @:C0 p:.u. in the Town atticsMeeting Room, upotf the- application of- URDAC. Ins. of scaton, MA., and subanquently dontituted the public hearing until veceav'er.15, 1942. The hearing was duly advtttiadd U,the laarreC.ce Eagle T01btft- 00 Naveah= 1.6 and li6_VCtd tr 23, 1992. All Parties of intazest stare properly notified. The folioving eetbers were present at:the Decesbar 1, 1892 seating$ Joseph lPhoney, Caorgs Perm, .Jahn Draper, .1ohn Simons- and Richard 3�Liftaat The petitioner seeks a Special Permit aan4er section 11- RCnt_jd=i5M of the Horth Andover Zoning Aylav ($lin °2oaing 111klev?. governed by section 10.31 conditions fa- bngroval• of c,jm;icial _petuit. This section of the zoning Bylaw gezaits a mixed ute in an Industrial-S District by Special permit., As indicated in i Notice of Decision dated September 3, 1985, recorded with the Laveril'orth District Registry of Genus at 80ox 2111„ page 167, the Planning Board issued a special Posit to allow the conversion of tva axis--ing .buildings, ands constructiea of five aav buildings, into 108 residential haueing -units and an offlcelrBstaurazt ta'ci sty loeatad on the Restsidp of Ela, Street and knava as thn *%good Hill Complaw. said lot fa situated In an. Irdustrial-5 joking District Posseoas ng 13.1 acres of land area. In addition, t6 pratises. is located in the ToWnasr • designated eeamaivial." ReYital ration District (CARoj and Ristaric District. Construction authorized under the above raferanced lfpecial Peralt wax Qiaccmtinuad before the Osgood MIII Co=Plex was rotgleted, and a q%immias� has arisen whethtr the Special ftmit, sae Wall as the easseiated nits plan approval for the btgaad Will oocpiax, era still its full foray and artact. 222 Page•21 Osgood KM Coaplest . - Was purpose of the wasaut Spea31a1 Permit applicutimt is 1 obtaft a aw Special PerrAt, as taell &Z d6tu t•.ivn site p2a approval, in 9rdet to eompXste the partially coustxacted Osgor Kill L•oaglcx. The r" tiaiinitivs site plan is set forth an ti plan outitled Waite Layout[,)-Sutton Pond CondQ=L'niuuzE*,] Mor- Andover, orAndover, xaseachusstta*; prepa ed by Senry sctw4ler Assxociate: P.C.1 scale: 10-40at dated tlovouber 13. 1482, revised Soveub 30, 1.992 (tha The following members Were 1--ant and voting at t DeCoMber 15, 3942, meatLng JMQU the Board rendered the docision; iroweph Mahongiy. Goozga Parra.. John Draper, So Simons, end Richard Itft". upon a motion made by Mr. Mahoney and ancomUd by M Draper. the Board voted uramimous2y to class the public hears and approve the .patitioutw"s tpecial Permits applipatlaan and PI for al P2a:nnad' Development Dlit rict (POD) for the Osgood H! COUP)a x. Attached are tbo" couditle". 8iacera2y, NOR= ANDOVER IPX" rNG anQAW Cuorrge C,. Perna, chairman 4=t Director of Public ,marks Suildinq inspector canservat on Administrator Health sanitarian ' �1trlea;sora Police Clef Fire Chief Applicants Engineaer Pile oce}ood !till Project Special F�ralt, Planttad t9avelopaaeaat bistrict The Planning Soa ri herain asppxavoa the special Permit mvosted by MWAC, late,• itted ficsveahet 1311 1.942.•Wta planutag Board nakea the f#01100isi4 findings regazdisag this Special Voikit tot a P)Anntd Developaimt V Itrict (PDD) as required by Sections 10.3 and 14.71 of the ttatth Andovear Zoning Bylaw. A. The specific site is an appropriate location for such a use, structure or conditions B. The use as developed will not adversely affect tba neighborhoods C. Thera will be no amisance or serious har rd to vehicles or '1 pedestrians; Adequate and appropriate facilities will be provided for tA%c proper, operation of the proposed uses R. The Planning 8oatd deals that the use is In haroony with the general purpose and intent of this Sylau. 21he Planting Board also testes these findings under section 11.4 of the North Andover Zoning Bylaw that this PDts A. ` Was not detract frena the livability and aesthetic qualities at the environment. S. is consistent-with the objectives of the Zoning hylas:. C. Priobbtes a more efficient use of land while protecting natural resources, such An water resources, wetlands, flood plains, and wildlife. D. Promotes diverse horsing at a variety of costs. E. contains ingress And egress for traffic flow that is designed properly so that tzars will be no serious hazard to vehicles or padestrians. t P. Contains aQegsaai a laaackiawj f¢tiltiea for ser3s use and LL�r �e etriicti a U the`dovi4opadnt. G. Is designed so that ars or tacilities and functions are v4mtXly compatible with the natural and historical characteristics. l_ _1 H. Will not adversely affect the statural eatviroament to the datrinent of cosxudity character and public health_ Pinallp, the ilatttaing Hoard finds that the PDD complies Vith Town .=4 Ltte as len? as tbas tall"additional Conditiais rant xdeti,�r--_.•- -;----.�� -- _�- 3. The to"ireQ open. Races , shall. be ccoweyod to the Conwwwation co= ssion or to a_ rof t consetvatiou osgatriaati•onr or to a Comporatio n ger ftwit Ter resenting pe auris resgaansible,lor the PW, and shall be protected by a camservation reatriction as required by G.L. Cl agtar tOA, c Setion 90 for coulmon open apace. is clo:eter devolopuzorts.• The conveyance docime sto iri21 be provided to the Planning start for review prior to the rocardiug of tba Special i+arnit. r _31 Rise applicant ahr ll amply withail North Andover Depa:taet lL— at Essblic Waxi" Rales and ROTdatIO". 3. My edicts by nasother Town Hoard vhicd requires-.chan "_;L_,_, the roedw4X _asltgssaetst,,.,,P2ec@=mt or say aissrsiea _o: utflitias,Are go,facilities, giaediteq or no-oft iiissa, tm subject-thtd decision_to s ��*fc:rfoas-by sb�_Y2as tnr"ban . t. The property comer slstll •usa the •prepbsed right'ot way" an sbasen aiq the Piakm titled: Site tayout, Pata Usued: Raw. 130 X852, itevisions: Nov. 30, -1-952, Prepared. 9y: ReMy schasdler JlasoaEiastats, S waterrille Rd, ftra LbIton, Cr o603x (hereinafter "PlAwlt) for ingress, add egress to the sits. The Property owner abasll contisine to *so this right of way as It may be nodiffed over the Arickstone pr arty, ae>!- called, in'tha future to acceas directly the Sutton street connector, once it is constructed. 3. All x4e_rhtinq within the site arA thaa right of wap shall be as shovis an the Plan and shall be comistent with essistiocs 2igbting an dito. .6. All near asiaiase &hull be approved by the T-wa Planrser and isatte 8 ai gn perddit as reiaired by Section 6 of the Bylaw. T. The Planning Board app=veso, at a rAni:sun 281 parking spaced as ahcom`acs the PUU; The P3.ana:ing Board r3t2ds this aaaber of spaces, althougts minsitsal, to be adequate, for the project as approved. T%terkty spacers Will be dcasigonted and. marked for visitor Wk srg. vho appp"cant sit provide for handicapped spaces as required by applicable astata ekld federal rules and regulatiotsa_ $: Thet Amter .nee'Callatlayss z=t; COnZU= to 310 - CUR 22-ZZ 1 3 ze44Lcrosat-canneCt"mS. Plans sboving prop"o4 iilitaxxatian at hack tlov prrav ent on d"vU*a at such crass- i gcac�jana .arwtt be out=ttted .to v.r_P. •ser• re-low and a oploaovsst. "*so instel2ationo racet ho approved by the ivasnlsitsg inspector. R13675 SL. The applicant Nihau adhere to the follohtiag rerplfrertAtss Of the Department of Public Works: V_ The applicant will connect.. the new eater Main On the Osgood lfi11•sits to the reeeatly insmlled nater main on rasa north ander HLU* property- All uuzetesod as - site stater vaioa to ere used for domestic purposes era �S b. 'rhe_vewago pupping station and collection system should be in"ctad and tested to determine conforssity to the appropriate rogu2ations and specifications: of the > Division of Public warxga. A sever connection permit crust he produced Ceom the Divissian of Nater Pol1nt1=ft y Control of the Hausathueettu Aepartuout of f Environoental Protoction if aecassary. C. The existing ping statics:V adj*cant �to�the off4ce y S - building-viii he desolished. 3h* a 4 Will install ate individual gr1nder-eJector pump to the lift stations at the courtyard iocatiau. 3.0s, The`applicant shall adhere to-thaL follcsting s:etepixesasnts at the fire: Oepartcants ai. the Fire Department crust be contacted prior to the 1hStallatiosa cit any undesgr+cnittd tanks. b,. Copift of the suapletion cartificsstes for aebedeass removal aunt-be forvavded to the firs department. C. Ve auto.:atic Lire spri»Scler systems is required to be fiftis had. .ilre Depatt=mt will wort: with the sprinkler coatraet4S to =IdL•y wasting but pasttially built system to comply vitt: applicable fire safety codes. I. all the installations ==t be inspected and tasted to c.es 3t the flows will be adequate. I.L. tae connection for .the sprinkler systo= Protecting- the units and adjacent hallways shall be corrected by the removal of ttm ad parata sprinkler shutoff so that there is only one-shut off for both the danestic sued sprinkler stater. iii. the 4prisnkler contractor shall revieu the entire sFrinkler protection system with the lire chief prior to the &tart of any stork on any existing or new s ystanx. - d.. The dry tire hydrant is to be tsintainad by tha prcparkty owners. le xf'st be ta¢ted by the fixe 226 At pa"Mabt ad rspaif tits by the prepot t y owners. a. The automatist apst" treed Vo t slslraga else anldter Sott`a taaf�t'be _ mi !u arcefraanae wit it�lria•fixe satoty aoi3ei: at iiia fFl3 eotiott•at 1 ha depsttmaht. f. stirs departiesent,, connections ap_a required on the ta . arApipe systtens. There Ata'tidyippsas mart bA inatalled anca W In aeabrdith:ttte applia@p a Cita saiisty oodQs.- Thu hire Aepartmsht Will work in acnfunation frith #,to ataadppipa coritatito'taor to. insure that tbs ptwor adapters and threads are instaiiad on that* devices. g. The tire spp•lhklarsystem in the stone maintum e • tstfilAing fault tae maitti ind by the property ouf er. My cheu►ge ixt use of the boUdil ram m4.3ntettanee to another uae must be revievad by the fire department. h., the hxiat:inq tike alarn box,, lcof tnd an the old. mill moo be f emcved. A new firs &?;aide box and tomato atvftpciattor sk.443 � install ad-at Cee tar right corner of the existing old au. "44tia tire alara host and reacts Wuwnalitor Alwi�l service Jill the firs, aid=' devic:u in the itsidential :complex. The main lire &lata control panal for the complex *hail be located in the stnirwall adjacent to the tirealarm box. ' 1. The— Ciro alarm aye. vompone;%0- 'tlmt have been installed must he ittayected and tested. A lire oiler&: dystao muet be installed with tis* callauinq equipabfiti I. hard-uirad swift detectors in common' areas an4 hallways, tied +* tfis tire alalia centiti, panel and zone inilirator;! ii. each Unit viii tfava spoke detectors. as r6qtiired but will be .oiniy far that unit anis not connected to the central panel? ill. a double amide pail station ebail be Installed vithin 6 leek of every exteriar door From common areas? iv4 an exterior iridiastar ligb't shall Tie placed on the ' aornat of e-, "OU of the bu idingn ;f in eotali o vi�sibie. from the cdprtyurd to give tiro Apparatus, tho location of the pn'ablest as denavibed on the ei�isfit:g plans. k. A voter flog alarm tar such sprinkler system uhall be instailad. Thaw aia=s. frill not activate. the master • - am,a]mrs box._mms ayttsm protectim the ster"a a sbau firs Stan tlew auitcu. couneected 'to- tie Main e ra�'i paass] a14 the aetrVatisn of that flaw spilt =til tba ZWWAr time &I— boa[. - _ U. Priam to a certiiicets of Occupancy being isaus4s Smn". In the tam of apsast�olc oa:Tri-Party Agrasasant L •-""" in an anoulat. to be aura L:47 by ti- Planning DepaaC;sssat, s1eall be paatafl to *=ure eo7a>< radion aasc�/a►r ca;p3s�#ata of tbs s#girt of way access the sraclrstoaee property as shown an the record plans. b. fte swieant_ is to prov.4" a tiuma as-built vasa o anotxactlanf is meted to be approved by the Ospart=ant of Public No** and the ?awn Plam"r. 12. Prior to a ;� eeLcsto ar astevpaacY bs g cruors tar the list of the sive (s) asev buildiasgs, the property owner =uxt coftatruct.,one Additioasai alavatar As shown an the butt ing plans. - r-121 The Applicant mast cczgy WIP-b all achusatte Stats bnilt'linq sods and obtain 411 pa=irs UU4 -UPPMvals as required from the ft4lding Department. 14. 3haso shall he no bn yirg or 4angSsg of esnsttuctioaa asaterial ou the sits. 1S. 7be contractor shall contact Dig Snit at 3a- t 73 bourn prior to co=mencing my =aviation. 15. dos, telephone, Carole and P.]le=ie OrAlitits Aball ba installed an specified by the respdctiva Utility cosKpanien. 17. annoy plants, tre+ea or shrubs that hhve Asea 16corgorated Into the ianascaps plsu approved in this decision that +die within one Year from the $lass of planting shall be rsp"cad by the awgsl:icaast. ` 1s. Any demIltios of strucum-as and claftring of asata_-ini shall be as Showa an the Plan. 19. 17aa Saalaa Street access to the property aball be a +sae stay � only ingress. the access to tps property frm alljb Sa:reat shall be both an sgrams and ia arxos0 the right of "stay as dessrlbad 04t S PUA And ss rataranced in Condition i 2. 20. tha ape-+nay aceta= fros U&iu Street to the prcpurty is to !rw nkintalood by the o near. ' 7►ay chm" in UX& of the stoua nainte s b"141a►g =aa • ImIntemams to Another use Is subject two the raviasa at tba . Ping Board. - 6 ' 22. The 'Ponattuction of the• iat4wiar Of the 1 ndbw shall be nud=the attpervidiate-Ot the SUSAditt9 lfts 23. All etction shall 0=6006 VithiA two ;21 ypars from the.data of this npg=aYAl and-a-oxal be ccsiglesteA within five (sj yearn ! the+data of this approval. Cospiction to be i'lue, provisions -of this corAl ianal 'gyp ra shall apply to and be binding upon the applit:atet a its e*Acyees and a:ll yss a asaigzue is iutereat_Or_contral 23. The following platin shall be .coneidareQ�as Bart at this ! decisfoat ' t- Plana,tntitiodt Osgood Hill t[orth Andover, ttA j prepared by: mdarson-NScho2af Btsston, 11h Scale% 1/8* 10"0" bated: April.6, 1987 • shoots cl-C8 - civil t' Sheets 01.010 - Vaddicti9a ! Sheets A6=-Io3 -.Archftectural • Sheets Sl-S9 - Structural, Sheets PJ-1P6 - PY sLuS 4 Sheats M1-![9 - txec9zanicnl Dated: 2/1707 .. Aevieed: 4/1197 f Sheets M-L-2.2 - Eloetricsl Platte; Entitled: The Osgood bili, north Andover, HJ► prepared bye Hatarasro Design 9 Bills Avenue concord, NP k- 03201 scales$ 1• - 30; Datedt $,Uqdst 3, 2957 5 Detted3 Koves>keer 21, 29.67 Sheets'. s - 2 Revised by the feylUNLng plant Plana Entitled: Sito %.eyout Suttoft Cona—Initias north AndoVar, MA Prepared by: Henry SchadUr AasoaLaus, P.C. 5 4taterviilo Roan 9 Yparoington, cr 06022 1 Dated: uovw2btr 13, 1992, Revined; ttoveUber 30, 1992 t . 229 A.-ftut sits Dwacpo=t PIM Pispozad for R U=L gWAVMOIst corporaticM - S es !0 . 90, 2.ssr Pians tie!!s Ply Pima 4 SWICU POPA caadzrtfoil"ag j kiazth&ydavaZ:. kE3 Propared.kers &eKy Sa"lo3r hated. Ravetber 13, 2S92 lovisrAz November 20+ 2392 400 Ccs Vireatcr of p+sk+bie i ris +�uLwibg rasp—tar Cnnsexvatiop A*dMistsato ! 1 Asaith agent -Po�m nazi tires Chief lkpglieasrt ' F"4v 1 _Nc��can n_e�c� t��n��e�S�.r_e�tf��e_ �a�urn2nt�SbQu.J_cJ�b_2� _i_�5 2r���h�� -... ..m. . SMITIe c Cor)" ilino services Inc. �f r , Stan 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 Grey Smith on January 30, 2007 by V. Olson and on February 7. 2007 by W. Terrell to evaluate the existing sewage pump station for cede compliance and to make recommendations for an upgrade. We also reviewed glans 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 beater was inadequate to prevent freezing of the discharge pipe. It was noted that the pump discharge was connected to the 2"farce main with non-pressure rated unrestrained flexible couplings. It is our opinion that with freezing of the farce main, the pressure at the coupling increased to full pump head causing the flexible coupling to slip off the farce 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 system to meet the arbitrator's award requirement that " The pump stied shall have, as a minimum, heat,full insulation, 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 2 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting The proposed shed constructed and the proposed pump improvements by representatives for Sutton Pond Condominium Trust do not meet the Arbitrator's requirements since they do not meet applicable codes and manufacturers recommendations as described in the following: 1. Existing Sewage Pump Station (See attached Photo#1) The existing sewage pump station building was recently rebuilt under building permit dated December, 2005. The components of the existing pump station include: a. One submersible 2" sewage pump (non-cutter type). Previously there had been a second pump but it had been removed. b. 36" 0 fiberglass wetwell with steel cover with open unused pipe connection. c. 2" PVC force main with shut off valve (possibly a butterfly type) and non-pressure type Fernco flexible couplings. (See attached Photos #2 and #3) d. Wall mounted NEMA 1 duplex pump control panel with HOA switches and pump control floats in the wetwell. 230 volt single phase 60 Hz. (See attached Photos #5 and #6) e. Small baseboard electric heater sitting on earth floor. f. Rectangular wood framed shed of minimal construction/sealing covering the wetwell and partially insulated with rigid foam board on the ceiling, walls but not the door. There is no foundation or floor to the shed; it sits on timbers. (See attached Photos #2 and #4) g. Two-inch force main to an underground 3" PVC force main from the wetwell about 40 ft. to a concrete valve pit with a check valve and transition to a 4" cast iron (CI) force main which connects to the town sewer in Main St. (See attached Photo #7) A site plan showing the original pump station LOCATED ON THE 148 Main Street Building A side of the waterway indicated that the Osgood Mills complex (now the Sutton Pond Condominiums) was served by a pump station and 4-inch force main. The original pump station has been removed. A new pump station was construction on the opposite side of the waterway to serve most of the Sutton Pond Condominiums complex with only 148 Main Street Building A remaining connected to the existing 4- inch force main. 2. Code Violations The codes which govern the design for pumping raw sewage are: • TR-16 Guides for the Design of Wastewater Treatment Works—New England Interstate Water Pollution Control Commission, 1998. (This is used by DEP and Starftec June 26,2007 Page 3 of 13 Reference: Sewage Pump Station GSI)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-16 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 4 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting velocity. Massachusetts Plumbing Code (248 CMR) requires 125 gpm for this condition. g. 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. if either fixed or 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. The insufficient size allows for overflows and backup of sewage into building and pump station during pump failure with inadequate time to respond. There is no adequate pump fail alarm system. 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. 3. United Compressor& Pump Services, Inc. Proposal and Norfolk RAM Group Review. The engineer for Sutton Pond Condominium Trust(Norfolk RAM Group) prepared a review of United Compressor and Pump Services Proposal to upgrade the sewage pump station and determined that the submittal substantially conforms to the pumping system installation that was submitted for review and discussed during the September 20, 2005 Arbitration Hearing. We have reviewed these materials in regards to code requirements and manufacturers recommendations and have the following comments. There were no formal plans or design calculations prepared for the pump station upgrade. The arbitrator indicated that the pump station shall meet applicable codes and manufacturers recommendations. a. Installing two new Goulds submersible pumps #W0126HF( No such model number- actual model number WS2012BHF) 2 horsepower @ 230-volt single phase, 3" discharge and rated for 130 gpm at 48 feet of total dynamic head will provide the required two submersible pumps per (TR-16 3.2.3.1). b. The pumps will not pass the required 3" solids (TR-16 3.2.3.2) even with the 3" NPT optional discharge flange. c. The proposal does not include a "lift out" design of submersible pumps for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. (TR16 3.2.3.7) Goulds model A10-20 sliderail system would be compatible with pumps per manufacturer's recommendations however, there is no reference in the proposal. A shaft seal failure alarm is also required but it 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 cleaning velocity duration may not be adequate. 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. 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 existing shed 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 6 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting j. There is no documentation that the existing wetwell is weighted for buoyancy. 4. Award of Arbitrator Review Award of Arbitration dated October 18, 2005 clearly states that a new pump station is to be provided. While the intent that codes govern is clear, some of the details are at odds with the codes governing the construction of sewage pump stations. a. The sewage pumps are defined and are adequate for the site. While not stated other manufacturers have the same pump performance and could be submitted so long as the system is stamped and certified by a Massachusetts Professional Engineer. b. The wetwell is to be per code, but specifically does not address the issue of standby power or emergency storage. c. The shed is to be erected per requirements of Town of North Andover.We feel this wording is very open and misleading. The shed, if provided, would have to be of non- combustible construction per NFPA 80. d. The use of'full insulation" should be interpreted not so much as a dimension of thickness, but as a performance specification for protection against freezing. We believe that it was the intent of the Arbitrator to direct that a pump station be constructed in compliance with the regulatory codes and permits governing sewerage works. While detail is provided in his ruling such detail does not override the code issues. 5. Town of North Andover Building Permit A building permit (No. 412) was issued at 178 Main Street(Assessors Map 0040 and Parcel Number 0004) on December 5, 2005 to the Sutton Pond Condominium Trust's contractor to rebuild a 6' x 8' shed per existing shed (no changes). The permit application indicates the permit is for utility shed for complex including tear down and rebuild shed of same size, length and width. The shed was re-built, however, the permit does not indicate building permit is for replacing pumps, electrical and mechanical equipment. Work to replace pumps, electrical and mechanical equipment was not completed. This building permit is expired and a new permit would be required to ensure municipal inspection by building inspector, plumbing inspector, electrical inspector and fire department. 6. Recommended Pump Station To comply with codes and to meet the orders and intent of the arbitrator's findings we recommend a sewage pump station incorporating the following components: a. Dual non-clog submersible sewage pumps with cutter type impellers, rated at 80 gpm at 70 ft.TDH± (head to be confirmed), 3 HP, 230v, 60Hz, 1 phase explosion $teantec 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. deepto have sufficient volume and be of FRP construction with concrete anti-flotation collar to provide liquid working depth of i 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 feast 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 2nd 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: StanW June 26,2007 Page 8 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting Town Bylaw Section 8.3(4) Procedures a. The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8)-Revisions to Approved Site Plans. Town Bylaw Section 8.3(8) —Revisions to Approved Site Plan a. Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i. A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; ill. The change in the proposed landscaping plan which does not violate any Town Bylaw; iii. A change of degree and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b. The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site plan. c. If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. A copy of the original decision, a plan including the modifications, and a short explanation detailing the proposed scope of work should be submitted to the Town Planner, Office of the Planning Department Community Development and Services Division, which will determine whether the scope of work is materially different from the site plan approved by the Planning Board. 8. Building Permit: A new building permit from the Town will be required to make necessary P.S. repairs. 9. Wetlands Permit:Any excavation in this area is within the jurisdiction of the conservation commission and CH131 Notice of Intent. Application with site plan is required to be filed with the North Andover Conservation Commission and MADEP for replacing the pump station. Stantec 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 _A-Ctor.olson tt stanteq.com Attachment: Copy of site plan Special Permit I qua I V VY/YUu r--LaG flan ID 06 10: 13a united Comp Pump 603 552 5807 I l United Ccmpregsor_& PuMP ServiCes Inc. 13 Delaware Drivu Unit uZ Salem,NH 03079 Tel: 979.69"soe NH. 603-552-58$5 Fax: 603-552-+"8S7 `"'r'^"'.bifll�vnita dadtrt.00m i January 10. 2006 To: Matt Dykeman Essex ManagementFax: 978-687-8640 Subject: Granite Building sewage pumping station upgrade Thursday 1112/06. i I Two new Gould's submersible pumps# W012RHF. 2 horsepower @ 230-volt single phase, 3"discharge: 3"piping, unions, 90's, adapter's, check;valves and ball valve, Schedule 40. New high-water alarm includes buzzer alarm and warning tight: • New upsized control panel to handle{2}-two horsepower pumps. Includes alternators. HOA, starters/contactors,wined to run one pump at a time. Pump down system camplately_ Shut down electrical supply to station. Remove old pumps, piping and electrical systems. Disposal as required, Install new pumps and piping. All new 3"piping and valves. Install new float switches and run wines to control panel and alarm. Licensed electrician hired by Sutton Pond to install pump control panel and hook up all wiring and connections. Test systems_ ?I� Granite building will not be able to pump waste for at least 4 hours. This is ' an aparouirnate time only. Please have them minimize the use of all toilets I and sink drain usaue during this time. We will make every effort to keep the i time to a minimum and will keep you posted an our progress. Please let me know if you need anything further, Thank You I Bill Duftvn I i i i Stantec June 26, 2007 Page 10 of 13 Reference: Sewage Rump Station GSE)Sewerage Consulting f :y M- MR, Photo 1 GSD Building & Sewage P.S, Site M a a" �,� �i✓'��' '`mss ",�„: ,< s�. Photo 2- Frozen 2" Force Main, We#well& Unit Heater Stantec J{ane 26,2007 Page 11 of 13 Reference: Sewage Rump Station GSD Sewerage Consulting ' d e iF ((u z�r K jF s' Y� P 5° Photo 3-Wetwefl i& Sewage Solids, One pump in Wetweli { f 6�r! a,, v z VAO `e ' '02Z' s •- Photo 4- P.S. Woad frame Materials Stantec June 26,2007 Page 12 of 13 Reference: Sewage pump Station GSD Sewerage Consulting mcYA h �'e+• . c 4 r 7 g=< mow.- h(s» � t� ykff .T�i 4 Rte" 3� x Photo 5- NEMA 1 Pump Control Panel �rrri< x� w &f 4' �j It . Photo 6- NEMA 1 Pump Control Panel Stantec June 26;2007 Page 13 of 13 Reference: Sewage.Pump Station GSD Sewerage Consulting Ix i a Photo 7- Valve Pit 3" Force Main- in 4" Check Valve 4"Force Main -out Commonwealth of Massachusetts ti EN&UNZWrit of Flne Services � �_�. �_ • . �... 0mupawy and Fee C heded BOARD OF FIDE PREVENTION REGULATIONS [Rev, 9.05] L1� 7 _ APPLICATION FOR PE RMIT PERFORM ELECTRICAL WORT U1:eciik Us tie .lvc 3;djnc•e"itit 11,E At,y tclfu is C Pcok sf Coe t\ti€. Y tip;(AM !in() its — T- z JL C..ISE i3RVX I,� INK f.1R 1 YPEALL 1:1°P)JU477r 0b Date:._ _ 2— ': By It aMilicmiun the u€xEet:tyled =lives mice of his or her €."Oakm 10 Pc.t it Ori Me e0ti ical Fork dtawribed below. t..ocation cStrect& Number) i Owner or Tenant r� � rr Telepljone No. Owvnet•'s Address _Is this this permit in conjunction with a bmwin g termu? Yeti ��j- No 1 t_.__l � �C"ltecl: :1p1}i•rlpriate. Bnq Purpose of Building 1_:ttMY :`Whoriz.t1% No, E-sisting Sera We Amps 1 Volt's C-)verhead E' uArd 0 No.of rfNtiters d ew Service Amps 1 Volts Overhead El Qdi rd NY of Meters 3. Number of Feeders and ,art pavity Location and Nature of 1'rol}n{ed Electrical ical 4i'u f ;/1 t4 .weF074 - r +gnat,CAM t fdir 11 ..+r ti lfr{PIc liters•r',e No.of Recessed Luminaires No.ot`Cvjl,-.S}ttsp.(Paddle)Fans to of To Transformers €SVA No,of Lutninaire Outlets No.of Hot'rubs Generators KN'^ o,ft rr1CCere .iit'irt No;of Lamina kes � 9SwiS?)ming Pool i I F 7 gild. s r'rrtt" <ttt€t� trr€rts oto_of Receptacle Olttiets ! �No.of Oil Burners �C wil�l�l'� �o. of cines j No.of S)vitches At.of Gas Burners "i�ct, oi`11ets€t2otr and lot latina Devices No.of lair(trod. -wis ii 11of Alerting Devices No, en t Nm of R;ti��e 'f`r}ri4 .. heat f'tirtrp Ntienhei Tops i 1?! ;,No,of Self-Ointttined o.of 1 'nste i isiw{kers Totals- �� L�. .� . _r tt7tel€€tiriulAEer tiirg trrces lttill iciceE ' No,of Dishwashers pace/Area i�lz.rfin� E�1� �t yl E Coorle€ltion � Other No.of Dryers Hating Appliances I{�V' �eeurrt} ,vctctzts. _• 1 _ tip or Dew ices car i aiuiyalc•rit No.of Water �;u. of eta.of Heaters Sivas Ballasts No,of Devices of 1 c�uiw tient No, "ydrofa cs gi Bathtubs �- No,of fNlo(ters Till,]f 1-1P ratecarnntunict3ftons ��irini r� 1 s o iaf%Cviers+ar ittiiw itcrrt OTHER: _ .._.... � f . ut r_r''r:r i,r r z•,mi r,at<l/F tttlr.errktf,r ,.4 i`c.nrttEt�I,i tt. ��;<s�.i,,+_n-cz ! Estimated Value of Erlcetrical Morl (Whell required by municipal policy;) Noork to Ahao: _ In pcc,tions to lac requested in;acct}rdaric:e with ,'IEC.-Elute^ Its,and uprm compEe:rimi. INSURANCE COVERA: ,-lw: kmle:ss waived by the owner. no purrnit Ir Me pe rlt nuance;ofdeetri€ d %wrk may i;;.ue uri (ht-:lice.-nsce prv-v ides hrool of ii€ebiIity, insurance including";;.,wntp4led upunidun-€os,e gu or its subsmid mRdvaicrtt. ri untLix"ned ce r6fies Am s h cne i yc i; in lbt`ie:. ;md Ws t;.hibit it pmo ewr .:ame to Om permit i .t o u1iec. : . 0lE C10 t} v , 1;N`S(.'E�,1Nl-k l i>t,T1f OTHER t11a tilrt'J �.. /ixrft i,,wider ffie pifthn 1111dpen?If1'.i it/*Perj,,!.ltt <jlfa the dlifa1l,n1WNa Up Jt7� owl Licensee:nsee: j �� rte, ,it;sk ttts:`c: 'r LIC. Nt;5.: LZ � �c ( / 3 t tt }cr Nthfl1 its. Te . 00 Address. 41t. "icE. No.: S" `-,`;eeumy Sy!itctt Ct)nit ictoi-License rcquirecE for this eworlt: ifapplic tole,unlet'the license number hcrc: ONVNER'S iNSl_. ANC"E Nt UXTR; 1 wn asloty the€t Che Liewac th,.•, mu(itle`t Me li:tbilit,. instance u .i:i:c accinnnall tegttired by, laws. By my putttii'c: I1f•hm I Ira&y wive thi. rcxluiicn,nt. I ,uta the (check one)1.1 uvula El 01ne.t awe Owner/Agent p in3trii'e iili�is3isa« `nv. 1 + � �/ _. _ lrommarctxcfnttft ptt� n, aczc�zryasC t?,fic,,rlClsr,Qiily ! � l 1'emil Ne, a d-c t ... x ; BOARD OF FIRE PREVENTION REGULATIONS e APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK Y: T #(� 7 p]TnAJI7wortl:ho btaperyfotrfn�led in�atccordannc7ey,�ti,gthe�yr�lassacNosest Ellf,,,etrical Cod-_k%;jt✓ir'J} 527 Chin I2,�('� �F'. '.ti.5` `I��kt tl.f�T,[[At.�tl'i OR l�t�ti 1,A(.sL'1..�'FO A} vl d l0N) .. a - .. � � t� Ct XGx T1.S 6'GIUr'(3%Wires,- By i e F3 this application tine t€rtderst ned gives notice of li,s o her intension t��p::rftirni the electrical tvtirk ticw1ri od below. �ojjeation(Street& Nunlhcr) � M -^ 0»carr ar"I'twint ^ i 7V71 •'l/'', crC/e. '' Telephone No.0 �- netls Address I 1s this permit,in eonJunetlon tvitii a building permit? �"es � No �- {C Iret k Alai}rttpriai`e Scrx} puIx ose ofi tiiidir€ . . l� �(�� ?_aA�_� Utility Authorization No, txiiting:Scrice :Bops 1 Volts Overhead ., Undgrtl lett,of=1 rs a� ly cities Amps / _Volts Overhead �r� � C?ndgrd 0.of T'l0tei`S 41 of Feeders and Ampac ity J,, utioat and Nature ofProposed IIectricalWork: vr7r� { Recessed 113 frt1Ytitll'L'S y g 14`'I(t7t7 Of f�i'C'/UliOl4xfn t't7 1;?7tt�iY��C 3' 1'x`4 z1'i ins a _ l• . s _ ai l- 1t tL. C1LtY 0 If tteS, eta.ofCeil,-Sus addled Faris Nu•bi Total r - of Luminaire Out-letsi4f o,oHot Tubs I' I ciaca 3tors A i r moo.of Luminaires A ovc 1u- EJ Q.v rarer, eniy i ntcta S S�vtrtainng Korai trod. �a ttil. .ittery,Llnis Nn,of Itceegttacte Outlets leo.of Oil Burners FIRE' AI�A�h�S �i o,of Z€ines Ir bCttcfres No.of Gas Burners_ Igo of—Detection arsl i 11tiliat<i€i Dei ick t g ofR"urtges No.of Air Ctrnci, I'tatul F Toms No,c�1'AteriaitTwicG 1 °alt€ of VVastc Itisposers heat tir€ip tubber 1,11r€a ,1 ' CT of Self Containc:tl 4 Totals. " Detection/Alerting Devices ., Nt of 7?sh lVashcrs Space/Area 1-Ieating f,,-AV iLocal E] 'NConilunl+r€pa,l m Otlier y No of Diyers ticatirig Alipli antes Kw �cctt� M10 of evices or Lrtuivalew t � ti of 'water Ita�t t : t2� Ieters 1 o.of ?i'ca. o= n ►ran - di ne Ballasts l'o.ol'Tt�vic vs car pua� alciai €ti, Efydronmssage$-attatubs 1'p.ofmotors 1`o 'HP 1`t lecornrnunicatio€as �1 a€ittfl. _ t.aNo.ol"DeAces or k.guiverat C m a ail{t01 ado{r� �x1��( f1`�•Gt SLt'CG::Ot d2,1 t"c�CfF�Jt{"��• 51:`�.,„:C'>'sn, #F'" �t ated'-value of Electricalr Wo.k; n �, A,t lti,`StaiL' ( heli required by mumitipal policy,} fi r ! Inspections to be requested in accordance witli ikMC Role 10,and upon Compieiion. NCT:COVERAGE: Unless waived by the c�vncr;ria pe€fait ftir the perfarti3arcc Qf eier�tric I o k rna;�issue ttialcss � xsee grovides proof of liabilit}, insurance including"completed operation"co-ver;ge or its substantial eciui�.tent. �r �9gp0tl ert ifaes that su(Ai coverage is in farce,and has exhibited proof of sarric to the permit issui.a�tt�1 c ��f ate: INSURANCE Q 'BOND El OTHER n (Specify--) c trader the paht.v and f`perjury.fFttxt ilce iltforttiva",oil thiv applicatitrtr is trite rml c omplere. Atlrt t Ari-s Electrical Service and Cc�a"l,:�-r,1 � SX IC,x.;045r.-_� ry� a NO?ffia d i iii 41 5 9 e. _ 7 u Sinai , -''_ — � _ tC {' 54-4 T Iva Atter`etempt"iF to 1; ms trtttttb�t iar+�,1 _ Bus,Tei.ii o,. 9 7 li ss 2 f3 l3 o ad t o s ut ie 117 Methuen rr€ u r « Alt.Tel leo.: 147,s. 57-61,securityv=ork requires Department of.Public Safety"S"License, Lic.lo, iii tt £� z 'S NSURANCI~WAIVER. 1 avire that the Licensee erns not l use tlae liability insurance uoveraggia e Qlxtttalty y%V. By my s=:mature below, f hereby waive this requirement. I art)the felieck ane Telephone NoI PES Ka . a 1� h "?e COmInvlrtsr6WIth raf-41assach ,seti, Deprl t rleaxt ' lltl' sta-in_I Acci&,raty Al 610 Ct°Sa711II'veon sfreef _ Bt7SAM,IMISS. 021-1i WHM—,S' COmpen-sation insurance ffid -vit5 uffldens/C p�r.E Applicant Information - — f'Icase I�Irinf L egibiv ONTZQIL � 1r3C 4F�tasiu�ssi�t�aiatizaiioa'tEt.nttividttftF� : �'T+' � a � t.• �, �, Address, 290 ttyltt1:. tT ._.r!! .._.mf3 .4 `hrsre%; a1_._1a3. ?.a _ Art you an eme.(a employer?Check the box. �y ot i y9 1 area art employer with _ _ _ 4. �# 3�zxi Jr��generalCttntractoi`atad I r pecla4 l .: to etittit tact): a I a f IM Construction employees(full andlorparttime).* haveltiredthesub-comraeet?J5 2 :` .,am a sole proprietor or partner- listed tatx the a���t;c l cF;ecL. � 'I [Z.�:njiaclelin aiaip and haveno c.s t'=,yees 'These sub-contractors Tin'Ve g.;..t l ettaolition working for nie in any",pacity. ctnplpyee%and have urb ; ' { [Na workers'comp.insurance conal).insunince. c' C Buildingaddifion l rccluirei3] 5,Cl ' r.are ti corporation arid.its 104 rcla air,or additiors !i I area a homeowner doing all work officers have:exercised their x� v myself [No work-ers'cramp. Aglit of exemption.p,;rtrt It-IC'.L l l_!_T'it�J:liing t-pairs or addilion.� insurance requimd]1• C. 152,§ 1(4),and we have r nEt 7 r 1w l ror�; ela;its employees.[no woke-& Comp.insurance required.j 13. 0Gilaer `alar}'ahiplionnt that:checks,box 0i niost:also 111F out fete section belaw showing if!eir�oat.ea�'cnrn�trnC ttion far�ti V in%rasa.ttion. 37z,mrn=t!ners tivho snt?tnit thAs afrzdavirAiadiultita;fhb•Are doing all wont.aatl theta hire oattsidar ccontr crnt r arost_s(thmit A ttesv a€1isT tvat an?icntat ,suds.. IC orancto"that dieck(tits icor tattrstattac#t An aat4ditional9)eetShoving filessnme oflltesub-cexata;rctnzs sand itis! tial,etiferor not xhtssC a :iti,s 14.a•c!rn.!'#tavices, JI tare.�nlrcuntt tcata:�hstyr t�rat 9e�ecs, Ile rttat,- - _.•. fltr't Q7X Ctt7�7�t7)i+G'T x�2ftf 7S�re�#?itluJ�at1tfl'IrcrS x Cl7JFXjT2l?3fFlllltl Fa1SiCFlat2CG'�tr1 fFt�7 f.'r1Y�J�fd�2f'�'. ��,t�}�-fiS'thL f?OlaLla tftir'#FC?�J Sart' �,•�- --�—.-„» `�- Itasurance I70licy n or Self ins.L 10. E,.iliration Date:,_ Jc?la Site Akldress �' f i1 a:}lit fii7.,s 7 r"=rs , n a{ t _._._..,.._'____- f ` ' l .�'.s..1.r. .;t��..,�..�R�F.�'lR'!t�+�g �1 L.r t£.•_t V.. Attach a copy offliewor.tkers'compensation policy declaration page(slaowina the;r?allcy rtrtr;he;r and expiratican ((bate). l ailuro to secure coverage�aa required under Section 25a of MCL 152 can lead to the it-�Ip,)Sit;ion OfCrinjinai penalties or,:>1 ,,e up to$1,500.00 and/or one year imprisonment as well as civil penalties intltc fcaJ-rn ktfa. IC?Ivt7TI .C)Ial�Iwl� a.nd a.pie cal $2 50:00 a day against violator.Be advised that a copy of this statementmaybe forwa.rdied to the office of Ifav estt�fatj;.#n;ttf rite DIA fear covoioe vet verification. 1 frfJ h�rltj=ret2ia lrrtei tfearrrs trllrlirttrlfias rafi jury rhnt rtz�ixaj7trrrtita provided calatxtrw is YaFare rrrzr=r rJt r tet. ^ R J rtJhatt c _ __ Date.- PttearNevn ; Normand hli cbaud W Phone i-,'. 978 687 0544 t� ? {zccrl rYsk=.only 'DO!flirt wr=iie in dais are"a to be c:otapir ,Cd%.l ritlr fJr tvwaa ref�c tczt City or Town: .lss:tiin Authority(elrele a#ite). i L oard oi'fleatla 2. BuRding l}epartmeni 3.Cityrrown Cierle _E:leetric.l Ill.pector S.11jumbina hispirctor t.Otber Contact:Pei-son, ixholie ,�� r. u,-cu-cuuo uv:gorm r uarrarKins G AilCIII rt; +P76-Y61-3606 ?-666 P.005/006 �-265 i NORN.-FOOLK RAM- GROU ENGINEERING THE ENVIRONMENT 1 I I January 16, 2006 i i I Attorney Charles A. Perkins,Jr, f Perkins & Anciil,P.C. i 73 Princeton Street, Suite 306 1 North Chelmsford, MA 01863-1555 i RE: North Andover- Sutton Pond Condominium Association ! Sewage Ejector Pump- 148 Main Street, Building A Norfolk Project No. 768.001.01 i. Dear Attorney Perkins: We- have reviewed the Granite Building sewage pumping station upgrade proposal prepar!d by United Compressor & Pump Services Inc. and have detennined that this submittal substan(izlly confonns to the pumping system installation that was submitted for review and discussed during the September 20, 2005 Arbitration Hearing. The intent of this proposed duplex pumping systerl is to replace existing undersized pumps, valves and piping with the installation to be coQleted within the existing wet well in accordance with the manufacturer's recommendations and installation instructions. I j The approved pumping system (as outlined in our Memorandum dated September 12, 005) includes the installation of duplex Goulds Pump, non-clog submersible pumping system, ( mod::: 38871311F with 2 hp, 230 volt, 3500 rpm single-phase motors and a maximum draw of 18.0!arins Providing 130 gpm of flow at 43' total dynamic head). The pumping system is to be eqt ,ppec with a new high water alarm and an upgraded control panel. Furthermore, the approv c' installation is to include upgrade of the existing 2" diameter discharge pipe and valves, will, diameter replacement line(including flow control valves and check: valves) to be installed ltbm— grround within the upgraded pump house building. The remainder of the existing 3"pips iD that extends underground approximately 20 feet to the existing subsurface valve chamber whe�te i; is coupled to a 4" line that ultimately extends to Main Street, is to remain in use and will not need to be disturbed. I 1 The Award of the Arbitrator, dated October 19, 2005 indicates that "the wet well is icJ bf ii accordance with manufactur'er's recommendation, State Plumbing Code and Tili. Regulations". The existing 40" diameter, 48" deep fiberglass wet well appears to cornpll, will-, the applicable sections of the State Plumbing Code and is sufficient for the installation ro be completed in accordance with the manufacturer's recommendations and installation ins truPons. Furthermore, the provisions of 310 CMR 15.000: The State Enuiranntenral Code, Tjide 5-- Standard -Standard Requirements for the Siting, Construction. Inspection, Upgrade and expansion�f 017- she .Sewuge Trr_armew and Disposal Sysren7s and for the Tnansporr and Disposal of S�ntagc--, (.)NL Rni3kKTS Ro 1r1•PI.IYNIOU'i 1t,MnSSnCNUSFI-I'S 02360•(508)747-7900 rUon'r • (508)747.3659 i:Ax 3i Bn,r r!S[!tra ?,t3uu.niNn D•MIL�o!tn,Mnssgciu!sc1 rs 01757•(503)478-1276•(508)478.1498 FAY w W w,NnRVOLK R_AM.C'OM 1 -4-IMFM rKvNrra 1 R uib a Kncui ri. +978-251-3606 � T-06P P.000/008 --ygg Januar, 16..2006 Sutton Pond Condominium Assoctatior. j Scwage Pumping System lnstallatian i I (Thle5) are not applicable for this site. Title i regulates the siting, construction, upgrade�anc maintenance ofon-site sewage disposal systems (ie septic systems) not the design, insiallanotI o- operation of pumping systems that convey sewage to a municipal sewage collection system. , hinally, as outlined in the Memorandum and discussed at the Arbitration Hearing, Mr. ifirr: Willett, Sewer Superintendent for the Town of North Andovcr has indicated that the sew,ale connection for 148 Main Street, Building A is an existing permitted use and that no new stave or local sewer permit is necessary for the upgade of these pumping systems. If you have any questions, or require any additional infomlation,please feel free to contact nee at (508) 747-7900,extension 130. { Sincerely, Norfolk RAM Group i ' i Kevin P. Klein, P.E. Associate Copy to: Mr. Matthew B. Dvkcman,Essex Management Group � Mr. Bill Dufton,united Compressor and Pump Services, Inc. i f� I I 1 t f I i i l i { i I i TOWN OF NOR ANDOVER BUILDMG DEPARTMENT APPLICATION TO CONSTRUCT REPAIR,REl+i¢VAM CHANGE THE USE OR OCCUPANCY OF, OR DEMOLIM ANY BUILDING M OTHER THAN A ONE OR TWO IWVHLY IB'VY MIANG 0—Mi+4ial use 6 z f I 3UIL�3ING PERMr`lit AMER: DATE ISSUED: .33 f cIGNATURE:_ DWIdin .Commission BS =0raguildingsDate I MM ),-I `P gmty Address: 2.2 Asmsors Mag and Parcel Number. lgF "41Aj 5 06f�7 q U Map MMber Parcel Number �f .. ��� 7- .1.3 Z0aing1d*m1on: 1_4 Prapeaty2 uvmsions: m Drstrziz. owd:use LdArea ^' Franta>c it r BUILDUITG SUsACIM{ft} Front Yard Side Yard. hear Yard. Regaired, I provide E29gilred Provided It iced Provided I Water Supply M GLC,40. 54) 1.5; 1F1o2d z0=7uftu=60n L S Saw L)isposal Sysfaus blk ❑ 7+*m0w,, ❑ Zone 04i&F1*oAZaue Ll Municipal OnSiteDisposal.System ❑ I Owner of Record 4-t-r 0 os j G(�13�f!J S�jl�, !1.! gA,1,�OVEJ Address for service:7763 C51 q567 M t4lcphans: t lutlrorizsii,�4gent me Frim Address for Service:. Z. Telephone M Y t Licensed Construction Supertnsor Not Appfica€ile Q C 15 C dress License Number -n :cased Canstrrtotian dupe r: 5 b.3 lZ.O U 7 >' Expiration Bate rz Telephone, egistert�i. e Improvement Gontmotor Not AwlicaMe 0 59 mpany,Name Registration Number (Owc---a—f' P= r x'1 4 dress Expiration late 'Mcp one Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building iL Si ed affidavit Attached Yea.......❑ No......D : - M Mil _ .rNi•-sr....'yi, OEMi in.. .o•. 5.1 Registered Architect.- "`.. Name: Address Signature Telephone NEON1 Name: ]AGreaoflResponsibility Address: - Registration Number 3igiature Total Expiration Date Not applicable ❑ Jame: Registration Number address lignature Telephone Expiration Date Tame ' Area of Responsibility 1-r7ess Registration Number ignature Telephone Expiration Date ame Area of Responsibility idress Registration Number gnature Telephone Expiration Date j QGYM/�1 G Not Applicable ❑ mpany Name: sponsible in Charge of Construction ,_ffm.x _... _ Exist "3emtion ' on C cctansfnxsfifn iFRepair(s)n , * Accessary Hir,'g. 0 TJmiatzlior. i? I oflnc,r !�� BrEci'IX==•rprtit;n of 1-'.rrpovm_Work: _ i 3 ��'^1��-.�'Y"�T� �.� S'�1.i Y`�J TCw.�'4.#����� �i�r���� � s ,.. —_.....—.,.-.....---""-•« ...e.,..«w_..............._._.. 115E GROUP U (Check as ap_pizcalal _l____.__._..•Y COINSTKI,CTIOT, A-1 0 A-S a 11� Bi S�l 2 C Education "I � T �� I w«. _ ._ - 1 F,T acYac r 1 1 I- 2C i'LL4,izI10 3A _. I inssrtuiionai ( t7 =_-1 t 1-2, 3_ vi?vlercazxtiie t? hreIf1�I1t3aI D ( R-3 o- ' S Storage 0 I S-2 0 � f; Spe, NI Njf xad Use `'pec Ty: 3 Special Use 0 � Specify, � COMPLETE-,TffS S-ITCM!w IF ENTS':ING BUILDLNG UNDERGOT C� REN JVATIOM1 CHANGE TiY USE -- --- -- --_ T.. r. _ _ .. "Xissti.ltg Use Group. � 1'ro.pa.ed Use G )iq): _. ax;4tin Huard bidex 780 C!-v'_,R 2:i;_.. I'srip.tsed)-lazard hides 18 7} .St�'•+•I N`ly �R 1,7 1k u 3''1 i 4 ,} aczn l er of Fl ax Stc�rzes➢.ac1z __ . i sF'?'nezzt leer lour Ar i :Leal,Area fait; iT�iht 1 t s'I�I�lira�:'�t,A�. '�n� ca�- `���•����'�.`��,�+ I�_:� =°I�'I� _._.�. creby authorize to tct oil l? t I11 , 2.11 esti wat`erm r lative-�» o vvark.Sitt�I&Lmel bei i i�-i l?;i 1,uig p,-m.jr appli(c'itism paw,wre of Da bi WORSE � ��` ' V A �� �r �_.... — ,.,a«.ro? �'a:.tsx€.a:twsekk=.ers,..,z,na�,.akvr. *., .,sx:�'Si 'semi:�a+�*.enr.:�i"2s.?m. >�.xa /J Agent ' criJb tied that the S"atc;atents and,info nnaiio n 0- rbc faxc (}ip, aF�11��ticta arc tot and acctTrat�; to tlfe l�c�t of my l i,o ledge and belief. i rtc ci under the Pai..ItS grid penalties a cif lr�r'ur f 4-1 t 69041 i t -areDate � - �te3Y1 a S-0 � (al l33zi.ltltnc}pert I'e 7?:Ic ctrical (b) FR mated fatal Cost of (,:onsL,7auiau from(6) 3 Plumbina Building Permit fi�c (0) o) a -,meavinical(HVAC) ,- Fire Pralvc-tach r- 6 fata l (7 •I t. ..s� ' � Check Number I sa "T-77": ,x 1 5�° � M . OF S OPITFS SUIT, OR.SLAP, p17',,OOR J 4 ! I.—,.._. .,®.—.................._. ,._..,�..,.,,......—... __ .,,,,...m—... ...W._��_..--...-.—...-- ,._„ems...«..W.._. ...,_.e-a...e :I)I-MT--vSlt}-,N,S OF SIJLs 111 _ � I:7=.';�l�1dSTGI�TS Gl) jAEjCjyyj'Or F01 MIATION OF FOOT IN ivI TI RIAL.GF C1 MNEY TS I-�tZ l)INC,ON- SOLID C_)1_'; T.AJND I3, F,t TjI l lilTt3C ONTTIR f l ED I C ISA E 3Tt I GASUNE, E' 41 rr°'"z'' ., d. TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. William flmurciak Telephone(978)685-0950 Director ;' 4 Fax(978)688-9573 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 Nell 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. 4Wii rs, v urci .E. Director of Public Works AMnjb Col., t orT1r1 icr iwe ri r 1 v, rvica: cnuseus ExecOlve Office of environmental Affairs enartment of Environmental Metro Bosfor lNortheasf Regional Office Milani F. Wald Govemw Daniel S.Gmenbaum ca„m . March 10, 1993 Ernest Gral ia., III RE: NORTH ANDOVER - BRP WP14 Elm ,Services, Inc. Sewer System Connection/ 200 North Mai • • I 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/NERO -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. s68814.per 314 CMR: Division of Water Pollution Control One Winter Street Boston, MA 02108 7.20: PERMIT NO: 1,12934 APPLICATION FOR PERMIT TOWN: OF NDO✓ER 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, iddicate "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 0102E (413) 525-4585 Telephone (2) Name of Sewer System Owner: Town of North Andover (North Essex Sewer (Municipality or Sewer DistFrct)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: 110 - 1 BR Units 110 (5) Number of Bedrooms: 78 - 2 BR Units 156 S Property: Formerly Osgood Mill Condominiums- 166 Elm Street North Andover, Massachusetts 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 (a) 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 (b) 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 Pians 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 Sew(r District - I awrpnro 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 SPECIFY A. B, Not Applicable C. D. (16) Is the Proposed Discharge Consistent with Existing Sewer Use Regulations: YES: X NO: 4 (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/Architprt) 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 . ' . Gralia, III Pnt N f pli ant Title Ir 12/28/92 Signature Applicant Date Signed E nest A. Gralia I I I _ Ebro Mill Realty trust _(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 condition which requires either a temporary or permanent reduction or elimination of the authorized discharge. I I 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. All other information (other than effluent data) which may 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.L. 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 Government 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: 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 (1) automatically transfers:•to a subsequent owner, operator, or occupant. (22) Special Conditions JEE 41T11WIFL) 5P6CJA L CORA IT104-5 7 9 APPROKZ Rrr=: Signature nd Title o I Appropriate Municipal Official (Phone) (FOR ISSUING OFFICE USE ONLY) MAR-1 0 1993 DATE ISSUED DIRECTOR DIVISION OF WATER POLLUTION CONTROL MAR 101993 -1FFECTIVE DATE OF PERMIT (22) SPECIAL CONDITIONS Permit No. 68834 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 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 shall be subject 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 to drinking 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. (22) SPECIAL CONDITIONS, cont'd Permit No. 68_` 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. 9 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' 93 675 RL TOWN OF NORTH ANDOVER OAt •` `'�+ t 3i Ag8A.C31U5ETTS Kofi: . _�u7Eg � Any appeal shall be filed ' within(20) days after the date of filing.of this Notice "�`` r,.�+• yt�wmeoMr�ea►troea (; In the Office of the'Town 'moo ML1.1Z � NOTICE OF DEC15;Oh Clerk. � . . t, Date....Decanter 22, 1992 . �.-;�„i�j,. .�� �� ....••••,ljecember'SY'1942 Hearing December-15 .1992 Date of ... �N ��•Vii.'-;:i:. t=a�r'.�` �~ J -' Y piitfon f UAC Yom;�[iected ,Wester side,of, Elm/High.Street Referring to the above petition for a special permit from the requirements ! of the Hazth• Andover.Zoning-BYlsv:.Section. 11-- Planned.DeveloPmeat�Dis trice . . ...... ...... .... ....... they reissue of a S acial Permit in order to complete sbs.�, wr�_r, so as to permit ....P. ...... ................. � PPP.truction.of the 0egood. Hil1 Project;. `J` After aubUc hearing given on the above date. the Plannin Board votes t CONDITION21-Y g to APPROVES ,,,,••,the , SPECIAL PERHI? c f. fi based upon the following conditions cc, Director of Public Works Building Inspector Conservation Administrator j Health Agent Signed Assessors Police Chia: Fire Chief Applicant JAWL :lahermV ... .........._... Engineer File J”51.s:oAs......... Interested Parciea Joiui Drz4)xz_........ I.......... c R�;bpTo.ILDan I B R3 675 r ' � '• ink 'KAREN,1t.P.IrELSON D;,,,,,, Town Town of Ito Main Stmt, cle" ; BIIILDR G -ti.._,y,. NORTH ANDOVER (5W)632-6483 CONSERVATION crntvOtt w rLAxxuNc PLANNING &COMMUNITY DEVELOPMENT ` t December 22, 1992 E Mr. Daniel bong, Town Clark i Town Office Building - 1.20 Main Street Borth Andover, 'HA 01045 - Re: 1645 -Res Osgood Mill Planned Development I District (PDD) Special Permit _ f Dear Mr. Long; j ' 1 The North Andover Planning Board held a public hearing or; Tuesday evening, -December 1, 1992, at 8:oo p.m. in the Town Office Meeting Room, upon the' application of LIRDAC, Inc. o' Boston, MA., and subsequently 'continued the public hearing until 1 'December 15, 1992. The hearing was duly advertised in the Lawrence Eagle Tribune on November 16 and November 23, 1992. kla parties of interest were properly notified. The . following members were present at . the December 1, 1992 meeting: Joseu'- Kahoney, George . Perna, .Jahn Draper, John Simons and Richard Rouen, f The petitioner seeks a Special Permit under Section 1_- Planned Ueve op n* D .stri.t of the North Andover Zoning 8ylav (the "Zoning Bylaw,,) , governed by Section 10.31 Sonditionsfc- � Approval Of SReciidll Peinit. This section of the Zoning Byla:! ' permits a mixed use in an Industrial-S District by Special Permit. As indicated in a Notice of Decision dated September 3, 1985, recorded With the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit to allow the conversion of two existing _buildings, ander } constructio" of five new buildings, into 188 residential housing units and an office/restaurant facility located on the Westsids of Eln Street and known as the Osgood Mill Complex. Said lot is situated in an Industrial-S Zoning District possensing 13.2 acres of land area. In addition, the, premises is located in the Town's } designated Commercial Area Revitalization District (CARD) and Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Bill Complex was eaatpleted, and a quostion has arisen whether the Spacial Permit, as well as the associated site plan approval for the Osgood Mill Complex, are still in full force and effect. r Ii Page 2 t Osgood Mill Complex The purpose of the .presant Spacial Permit application ic i obtain a new special Pe=it, as well as definitive site nit approval, in order to conplete tha partially constructed Dsga Mill Complex. The new definitive site plan is set forth on ti plan entitled "site Layout(, ] 'Sutton Pond condominiums[,, ] 1;o- Andover, Massachusetts"; prepared by Henry Schadler Associate: P.C.= scale: 111•4001 dated November 13, 1992, revised Hovemb 30, 1992 -(the "Plan") . The following members were present and voting w, December 15, 1992, meeting when the Board rendered the decision: Joseph Mahoney, George Perna, John Drapers Simons, and Richard Rowan. Upon a motion made by Mr. Mahoney and seconded by Draper, the .Board voted unanimously to close the public heari and approve the petitioner's Special Permit application and g! for a Planned Davelopment District (PDD) for the Osacoc complex. Attached are those conditions. Sincerely, NORTH ANDOVER PLXNNING EohrF_ George D. Perna, Chairmar, cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File 6113675 Osgood Mill Project Special Permit, Planned Development District The Planning Board herein approves the special Permit requested by URDAC, Inc. , submitted November 13, 1992.- The Planning Board makes the following findings regarding this special Permit for a Planned Development District (pDD) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. k. The specific site is an appropriate location for such a uae, structure or conditiont E. The use as developed will not adversely aftect t:11e neighborhood; C. There will he no nuisance or serious hazard to vehicles er pedestrians; D. Adequate and appropriate facilities Will be provided tor the: proper operation of the proposed use; E. The Planning Board finds that the use is in harmony With the general purpose and intent of this Bylaw. The Planning Board also makes these findings under Section 11.4. of the North Andover Zoning Bylaw that this PDD ]k. Does not detract from the livability and aesthet _ qualities of the environment. B. Is consistent with the objectives of the Zoning Bylaw, C. Promotes a more efficient use of land while protectin- natural resources, such .as water resources, wetiara4, flood plains, and Wildlife. D. Promotes diverse housing at a variety of costs. E. Contains ingress and egress for traffic flow that is designed properly. so that there will he no serioue hazard to vehicles or pedestrians. JF. Contains adequate ,parking facilities for each use and structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical characteristics. R. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the Planning,Board finds that the PDD complies with Town 367 224 Bylaw requirements. •so long as the following additional condi__a. are met: 1. The required open. spaces shall be conveyed to tht Conservation Commission or to a non-profit conservratia:1 organization, or to a corporation or trust representing- persons responsible .for the PDA, and shall be protected by t conservation restriction as required by G.L. Chapter 40L, section . 9 , for common opan "Pace, in cluster developments.. The conveyance documents will be provided to .the Planning Staff for review prior to the recording o: t.ha Special Permit. 2. The applicant shall comply with all North Andover Depa:•menr of Public Works Rules and Regulations. 3. Rny action by another Town Board which requires chancrsE in the 'roadway . alignment, . ._placement of any easemen"s c: utilities, drainage facilities, grading or no-cut lines, me_y subject this decision to modification by the.Planning boL=d. 4. The property owner shall -use the "proposed right 'of wr*.— ac shown on the Plans titled: Site Layout, Data Issued-. - Nov. 13, 1992, Revisions: Nov. 30, ' 1992, Prepared By: Henry Schadler Assbciates, 5 Waterville Rd, Farmington, C'_" a6Q_? (hereinafter ."Pian") for ingress and egress to the r. _e. The Property owner shall continue to use this right of way as it may be modified over the Brickstone property, sc- called, in the future to access directly .the Sutton S_=eat connector, once it is constructed. 3. All lighting within the site and the right of way shL=.'_ be as shown on the Plan and shall be consistent with lighting on site. ,6. All new signs shall be approved by the Town Planner and must have' a sign permit as required by Section 6 of the Bylaw. 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, fc the• project as approved. Twenty spaces will be designated and marked for visitor parking. The applicant must provide for handicapped spaces as required by applicable s tate and federal rules and regulations. 8: The .water installations must conform to 310 CIM 22:22 regarding cross-connections. Plans showing proposed �1 installation of back flow prevention devices at such cross- sections must be submitted to . D.E.P. :tor review and approval. These installations must be approved by the plumbing inspector. E B K3675 The applica&- shall adhdre to t�he following requirements a the Department at Public Workz It. The aprslicant will connect the new water main on the Osgood Hill ,site to the recently in stalled coater main on the. Forth Andover Hillis property. All unmetered on site water mains to be used :for domestic purposes are to be abandosced. b. The. sewage Pumping :station and collection system should be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division ro> Public Mrks. A sewer connection permit must be produced from the Division of hater Pollution control of the Massachusetts Department of Environmental. Protection if ecaus&r . c. The existing pump station adjacent to the office building will be demolished. The applicant gill install an individual grinder-ejector pump to the lift station at the courtyard location. 10. Thi, applicant shall adhere to'the fallowing requirements of th• Fire Departu nt; The Fire Department must be contactad prior to the installation of any underground tanks. b. Copies of the Completion certificates for asbestos: removal rust be forwarded to the fire department. 1:4 The 411t"C'omat.ic fire Sprinkler s'yatems is riiiCjuired to be f:inishad. The Fire Degar t ort will work, with the sprinkler contractor to modify existing but. partially built srystem to comply with applicable fire aafat.y cache. 3, all the installations must be inspected and tested to see it the flows will he adequate. ii. the connection for the sprinkler sys.terms Protecting g tae units and ad;a.cent hallways. shall be corrected by the removal of the separate aprinxier ehutoff so that, theta is only one, shut off fear. hath the domestic and sprinkler water. the Sprinkler contractor uhall review the entire sprinkler protection system with the f ire chief prior to the start of any wort; on any existing or new systems, d. The dry fire hydrant is to be maintained by We. property owners. 2t` aaUat be tested by the fire 226 .dapartment and repaired by the property owners. t• The automatic •prinha er sj►stsm used to protect tht; storage area on the lower floors- must be installed in accordance With applicable• fire safety codes at tht direction-of the fire dapartment. _. Fixe department.. connections are required on the standpipe ayBtsme. Thane s;.andpipas must be inatailad in accordance with, the applicable fir• aafaty co&9r The fire -department will work in conjunction with tht standpipe contractor to insure that the proper adaptQrk: and threads are installed on these devices. g. The fire sprinkler system in the stone maintenance building must be maintained by the property owner. Any chango in use of the building from maintenance to another use must be reviewed by the fire department. h. the existing fire alarm bogy;, located on the old mill. must be 'removed. A new fire alarm box and ramotk annunciator shell was installed-at the far right corner of the existing old mill. This fire alarm box and. remote annunciator shall service all the fire alarm devices in the residential complex. The main fire ti control panel for the complex shall be located in tn4 stairwell adjacent to the fire alarm box. i. The-- fire alarm system components that have been• installed must be inspected and tested. j• A fire alarm system must be installed with the- following equipment: i. hard-wirad smoke deteetora in common areas an' hallways, tied to the fire alarm central panel and zone indicator; each unit will have smoke detectors as required but will be only for that unit and not connected to the central panel; 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 Crater flow alarm for each sprinkler system shall be installed. These alarms will not activate- the master 8367 fire alarm box. The system protecting the storage areas shall have its flow switch- connected to the Dain control panel and the activation of that flow switch will trip the master fire alarm box. _ 11. Prior to a cartificate of Occupancy being insuad: 6. Bonds, in this form of a Passbook or Tri-Party Agreement in an amount to be determined by the Planning Department, shall be posted to ensure construction and/or completion of the right Of gray across the Brickstone Property as shown on the record plans. b. The applicant- is to provide a final as-built When construction is completed to be approved by they Department of Public Works and the Town Planner. u• Prior to a Certificate of Occupancy being issued for the last of the five (5) new buildings, the property owner must construct .one additional elevator as shown on the building plans. 13. The applicant must -comply with all Massachusetts State building codes and obtain all permits and approvals as required from the Budding Department. 14. There shall be no burying or dumping of material on the site. construction 25. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 16. Gas, telephone, Cable and Electric Utilities shall be installed as specified by the respective utility companies. 17. Any plants, trees or shrubs that have been incorporated into the landscape plan approved in this decision that die within one year from the time of planting shall be replaced by the applicant. 18. Any demolition of structures and clearing of material shall be as shown on the Plan. 19. The Main Street access to the property shall be a one Way only ingress. The access to the property from High Street shall be both an egress and ingress across the right of way as described on the Plan and as referenced in Condition # 4. 20. The one-way access from Main Street to the property is to be maintained by the owner. - I21• Any change in use maintenance of the stone maintenance building building from to another use is subject tthe e review or the Planning Board. i I 22. The canatructfan of the interior of the building shall bh: under the supervision of tho Building Inspector. 236 All construction shall commence within two (Z) years Lram the date of this approval and- shall be completed within Five } Years from the� date 02 this approval. Completion to December 22, 1997. be 24. The provisions of this conditional spProval shall appl; tc and be binding upon the applicant, its employees and L-1-1 successors and assigns in interest or control. 25. The following plans shall be considered as part of this decision: Plans- Entitled; Osgood bill North Andover, MA Prepared by; Anderson-Nichols, Boston, MA Scale: 2/8" 2.4-0" Dated: April 6, 1987 Sheets C1-C8 .- Civil Sheets Dl-Dla - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets P1-P6 - Plumbing Sheets Ml-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, � Prepared by: Hatarazzo Design 9 Hills Avenue scale: Concord, N.H. 03301 I - 301 Dated: August 3, 1987 Sheets: 1 - 5 Dated: November 11, 1987 Sheets; I 2 Revised by the following plans: Plans Entitled: Site Layout Sutton Condominiums North Andover, MA Prepared by: Henry Schadler Associates, P.C. 5 Waterville Road Farmington, CT 06032 Dated: November 13, 1992, Revised: November 30, 1992 X3675_ Scaler I" 40' As-Built Sita Development Plan Prepared for RECOLL Management Corporation Scale: Dated: August 1.992- Plans Entitled: Planting Plan • Sutton Pond Condominiums North Andover, MA Prepared by: Henry Schadler David: November 13, 1992 Revised; November 30, 2.992 Scale: 2" 40' CC. Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire chief Applicant Engineer Pilo OSGOOD.D a 0.,C 02: 30p P z AMERICAN ARBITRATION ASSOCIATION Construction Arbit7ation Tribunal In the Matter of the Arbitration between: 1.1 110 E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust "CLitnan±^ and Trustees,Sutton Poad Condo True "Respoudants" AWARD OFAIiMITRATOR I, THE UNDERSIGNED ARBI entered into between the abov TRATOR, havutg bec7, designated in accordance with the arbitration agreement having duly heard the proofs and allL- t parties and dated December OI, 2003, and having been duly sworn. and 1. Claimant is found to have breached the ions of the Parties,do hereby,FIND,as follows: Settlement Agreement entered by ffic Smith min um T M.Cat,dcyoorde, individually and ad�InJt:teCs oflhc Stono Mll1 Realty Trust v_Sutton Pondp Court in the case of"Gregory Condominium Trust*, Essex Superior Cairn,Civil Action Number 99-01960. In specific,Claimant bas breached the Settlement Agreemernt by failin � along with the cans 8 RDx'Respondents to itutall a duplex sewer pump sy=m with an alarm system traction of a shed to house the same_ Tae Arbitrator orders the Purchspceifi a and installntiOn of two(2)Goulds non-clog sewer ejector ptnnps, Model 3 I-- BHF a6 detailed and specibed in of Exhibit 29, installed in a-duplex"t contra s,alarms,electrics,Piping and valves as re P �Tangemernt with municipal system in accordance with the , q �engineered and designed to discharge,to the installation and operation of the system sha!!e c r�uirttnentc and good engintering practice. The Cornmonwealth"tMaebusetts. The Arbitrator orders rs Jfled bio �d o enter Cl iaimant's faci[it:ies and make any necessary c , Engineer,— dup lex sewage pump to Claimant s electrical system to provide rite necessary power for the new ps,controls and alarms. Any Power outages must be at the convenience of Claimant. The:wet well is to be in accordance with manufacturer's recommendation,State Plumbing Code and Title; _Regulations.' �V 71e Arbitrator has determined,based on testimony,documeats,exhibits and site inspection that Claiunan : requ=cd"grinder"Pumps do not meet Claimant's concern for tnaint ittance and operation. "-Grinder"ptunpc ivcn the disci►are i to conf1$tunticr.,length,size and Dow velocity could have: effluent"fallout^,catuin 8 P P� g reducers/incre"ers and other g Pang of the par6c;ula�in the discharge pipe,flow obstruction at bend i^� general fittings. The non-clog pump(2"material discharge)would en e a r� tndncY to"move along",not packing within the s „ mede'ney to costs along" not Pular! yam Grinder pumps have known signiffca= causing a signifcant burden on Claimant y after the three-year Respondent's maintenance liability agreetztee; grant at a later date. The Arbitrator finds that the Pump she heated or otherwise,does not come under the Commonwealth of Massachusetts State Bul(ding Cade 780 CMR and is ordercd to be ereetod in compliance with all other re9uircn1cnts of the Town ofNotth Andover. Thr pump she shall have, as a n»nimurra ti11 es access door,sufficient lighting for the t' insui.:rinn F;,- a ventilation upon opening of the rnairrWnaace ust. Pump tnaintenatrce and,a mittitnum(20 volt,20 amp out for- 2- or2. Respondents are found to have breached the Settkement A gmetru;D4 as a minimal too i obstruction of g arca which Claimant shall have the right too use and faal d to pznvidekt a suitable:parking area without obstruction of Respondea�s provided observed that the closest surrounding a lD�►aghtnloading facilities,or fire lane interference. Tae Arbiltato g Prig Bram are numbered and dedicated to the condorninittm residarrrs Page lar 2 feceived Time :34PM -ON 113 05 02:30p ENGIKI c 3 In the Matter of the Arbitration between_ Re:11 110.E O 1040 05 Gregory Smith,Trustee of Stone Mill Rcalry Trust "Ci-timanr and Trusters,Sutton Pond Condo Trusr "Respondents" AWARD OF ARBITRATOR The Arbitrator orders Respondents to create a pwicing slot within close praximiry of dcsignatiotl 2 as shown otr Exhibit C,for Purpose of parlang t service vehicle for access w the rear ofcsiClaimant'staiQ11 building. 3. The Arbitrator funds 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 thetrash conta}nebut on designates an area for the short-term construction project. rs, ly The Arbitrator orders Claimant to place the crash containers at his desired location without obstruction to the ingress of Respondcats' property. All conditions-regarding this issue in the Settlement Agreement remain in full effect 4. As testified to,Claimant has failed or; at}east one occurrence to adjust the lighting ns required iu paragraph S U. the Settlement Agreement. The Arbitrator orders C181mant to provide due diligence in maintaining the operation time clock,specifically when there is a power outage and daylight savings time adjustments. Tux:Arbitrator reiterates the Gndiogs of the Court in regards to the"Settlement Agreement". civil action number 99-01960 and Clainuntand Respondents to cooperate jointly,allow access Claimant's leased Property in order for Respondents to effectuate the tams of this Order._ All legal fees shall be the burden of the respective clieuts. The administrative.fees of the American Arbitration Association totaling S2,100.00 and the compensation and expenses of the arbitrator totaling 584212 shall be borne by the parties caualiy. This Award is in full settiement of all claims and counterclaims submitted to this Arbitration. All claims not expressly granted acrrin are hereby,denied. Date �chard AVIk�in 1,Mr.Richard A_Volkin,do hereby at'fum upon my oath as Arbitrator that I am the individual described in and wino executed this im rument,which is my Award. s— Date I Richard A.Volkin Page 2 of 2 Received Time Oct• 18. 2:34PM ���, �SyM' ��C try.- `- $� vac � •..:�_?�: � ` , SIT CroOk APRON �� :� �' 1xs ice` _46 lj6 � MID PLATiOAM-, . :_ �Ir STAIRSG E r yO h 3)PIPS v'Q ; o wo. SHO ws apt CON MY CRASS BRICK RET M1fD k /w O MlATER •`_8 Fi' QNB (f VA Ra T Spam SEWER MP HSE c .lhr ,* a GRASS GRATE Ab ,.. �• gid:•, t s '• ye, F 39 r wt 100 YR.,f . AP Ce 00 W : •38 W 4?488 TOWN OF NORTH wo. Post ` ANDOVER to rnME 1720 / 176 GSD Associates, LLC ' . 146 Main Street, North Andover MA 01845 Tel:978 688 5422 Web:www.gsd-assoc.com Computer Aided Design • Architecture • Planning • Interiors • Development Consulting ❑ PHONE DATE: JOB#: JOB NAME: ❑ • MEETING ❑ FAX SUBJECT: ❑ MAIL ❑ TO: FROM: --------------------------------------------------------------- �---4-------------- I - -- --- -- --- -- 1 1 1 t I 1 I , I --I i : 49 111l1l11 I I 1 { 1 I 1 I_- --- ,---r---,-- r---r--r---I- -T----- -- -- - - - 1I. � -�--T---i--1---i--�- 1 - ------.---. --I9{r-- -r---I---T- I -1 1(a 1 1 - I -� _`L� _J J-__L_ L _J_ y__ _;___ 1 1___I 1 M 5 1 1 -- -- -- - --�--- --;---------------- ------ --G rp- e -- - „,gib ��-�;--- - -- - --- �_r- 1 - I--"1 , - -- j7/�1�■� f -1--- -G�y'jl��// t----------;-- 1 3,---;---;----------; • 1 1 1 1 I • I i 1 1 ' 1 1 t I I r--�---f--'1---r---1---i---1---v------T---.-------,---1---i--�"--r--1---. -'l---r------r------T--_,---r---------- , 1 I I 1 1 1 1 1 1 I I I I I 1 I I 1 1__-___L--- - __ 1 I 1 1 1 1 1 1 I I 1 1 I 1 , , I ------ -_ 1 _ _ _ _ 1 1 1 1 f 1 I t I 1 1 1 I 1 I i r---r---r---1---r---r--r---1---r---i--T---r--T---r--T---r--�---r--i,---r---,---r---I---r ---I---r---- 1 I 1 I I I 1 1 1 1 1 L__ - _ __3__ __J___L__J___L__.I__ _ _ --J__ I 1 1 1 1 1 1 t ____________________7-- __ __-_-____-4--- ------;__ _ _ _-__ 1 I _ _ _ _ __J___L__ 1 1 1 1 t ------------- ___I--_t.___t---i___f___.__-__--___I_-_ 1 __ _ _____________ ______ 1 _ 1 1 t 1 � _______ ______ I • I I + 1 . : I I + I I : 1 1 1 1 1 t I 1 1 1 1 1 I 1 1 I _ _______ __________ I I I I I I I I , L__J___L__J___l__J_-_L__J___L___I___ Page No: f MD�f A Town of North Andover Office of the Planning Department Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 Town Planner bft://www.Lowuofnorthandover.com P (978)6884535 Lincoln Dale<< F (979)6884542 Gregory Smith,AIA GSD Associates,LLC 148 Main Street,Building A North Andover, MA 01845 June 23,2005 Mr. Smith: I am of the understanding that you are currently having a disagreement on a legal settlement regarding the ability for one side to negotiate a change to complete a scope of work that deviates from the language and conditions stipulated in the Site Plan Special Permit issued in 1993. The purpose of this letter is to provide clarity in outlining the regulatory process involving site plan review. Below please find the relevant sections of the Bylaw pertaining to changestmodifications to an approved site plan. Town Bylaw Section 8.3(4)Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan.The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8)- Revisions to Approved Site Plans. Town Bylaw Section 8.3(8)-Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review.No revisions shall be approved until the Town Planner receives three(3)copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs,storage or accessory buildings,provided that no Town Bylaws are violated by the change; n7 The change in the proposed landscaping plan which does not violate any Town Bylaw-, iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without fitrther review by Planning Board,upon approval by the Town Planner.The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection,and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning BOARD OF APPEALS 668-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688.9540 PLANNING 688-9535 Board.in that changes are called for in the type,location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. In an effort to expedite this matter,my recommendation would be for the individual(s)involved in the disagreement to submit a copy of the original decision,a plan including the modifications,and short explanation detailing the proposed scope of work. Upon receipt of all materials,I will mice the determination whether the scope of work is materially.different from the site plan approved by the Planning Board. If you have any questions or require additional information,please do not hesitate to contact me. Sincerely, Lincoln Daley B K 211 1 :. rry jj B pp Any appeal shall be flied 167 within (20)' . after the RECEIVED ��d jl�l � U O�U O ` date of fll ft othis otice ' TO WRIE N L L j N O F N 0 R T 8 A N D 0 V 8 R In the%WICA Ot ft 1O�Wn 108TN ANDOVER MASSACHUSETTS. CIV& Sa r go po TidsbtOaeNtytAtlta�It�1� - I�aaal:psd6aesddaddsglllss0�0 NOTICE OF DECISION M11o14�a[�aOP�.ga,1.L2�s - r+rY Date....September.3,•t�5.. Date of Rearing ..July.2gv.1985 Petition of ...2anOamin.G. 0agood.a2d.C.—Bradlei.Aiobards............ Premises affected ....Osgood.t1111 Comp.ex.on-the.meststde.ot.alm.St.. Title•Refereace: See deed recorded at Book 9f, Page Referring to the above.petition for a specW pe t from the requirements of the .....2onin$:B�laa:. ............................................. so as to penmtt ...a.SPectal.Pe=1t-tow.a-PJ.anned.DiveLopment.Dls:F SQt .......................................... . After a public hearing given on the above date, the Planning Board voted to ..approve......the ......Speci.al.PeWit.tar.0 od.ML11.P�.anaed...... Development District (PDD) based upon the following awnditiona: ' Y I '.Signed :r Paul A. Hedstrom, Vice-Chafrman . John A.,James Jr:: Clerk ................................ .. 9 . .. .. John J. Burke ................................ Pilsni>Ing'KUM.••••.• Recorded dan.8,1986 at 3:24PII #j04 ••::•••' DR3675 {fO 01. tf1 3 Palms �t� fyk.0 C/e.Ter, North Andeecomwee"M .� <ae�OwtE Ira Kill ca+ry r...mt +;�•�►;y Os3aod Kill Condominiums Order of CondItlons Massachusetts Wetlands Protection Act G.L.c.lit+$40 �e mi radar the Two of tforch Andovar's Qatlands 1171,119, Cbapur 173 ci ; NAOlN . To E1 will e.nl.p �•..._• Lienar lav -1__ s...+tlfeww�e�n♦_— ,� Msme Of A91112CM (Name of oroaartY own.n 053 Tornppika Street ISO,, State Strsac AtltS Nortb Andover. r� mass _ ��„��`t.°.1 13+�T�9 ' TM Oros►s rstW tl uitl tldwrstl at(oearrr. j� r '07em+oabxnYmarsmeaaraswaa+_,..r_�� ✓ low) O A,nroflaa rad.roman rae�t Ilattwetl on �! � ; TlettBalerl� �tlL 166 le, Strrer TMaraasftYbrac�oeestygilepssyal. Dacds xonh . Cateera+s to rs _ •TAs Now*d ISIM Isr an oro7a Qwas Leon an December 4 1997 (Mal j The a08 WV"was atasetl an tanYB�ry 6 199A (OWL i Awn" « - SACC afm 1M rtwewes Ors sbarm•raferenntl Naets o! .i ntrnnos non&-"U=tw1.b nn ow mt: pn the esoriratasr avrmebm tome sorn s H{aaatafrrratl mR BAC st ran;two.fait Me area m wro�I ins oroaasfo warn a ro os am»a upnaxsm to uw tasowxq rdw*m n ac:wgw WIM tl»Prewr�tror+e a!Vq?4==s oaf torte-n me fe7j= a tot"OnArea Sint ro Prate Ungerms AetieSeausa=XU0rW8D Ch.1781n Praysstian of stomion and madswrotation PvaG:.• QG Flood eortsm E3 Lana eemasen9 alaldlan woolsua:rY lorwwrovall pmenen ' Pnvaw waor ssmo+r ® StorT guns"a Prote=an of"70111.IWM G muna wool suo" Pravaaean o1 otlut 1719 Bacr4atioa t3. 178151 Wildlife 51511. e Total F<w++9 Fee 9v ftetl (Y'lea in sxtess c:'.3.S! +'•'c;wTcwn Slave /Town Pamon S Swim Pommn S US P.eftUV Cum S (lh'dW! r/h toted • 4.1 Qry A..1•:.•:7 1 1 t • .1 ! i l I .I +r.roor, 213675 therefore,"the ]Porth Andover pqMervation Commission. (hsraafter .. !. the wNIICCw) hereby finds that the following conditions are hecessary, in accordancee-vith the perlormence Standards *et forth in tips'state Regulations, tbd, local SyJAw and 8pgulations, to proteat those Saterests noted above. Zhe IM=1►rdelrs that all . vork•ehall-be p6iformed in accordwwa with said conditions and Pith the Notice Of Intent referenced abws. 'iso the afoot that the following conditions modify or dif. ttad with ehi"iroL�ce.o! apeoificatidne or. other'.proposals } Intent, the conditions ahail control. 1. Failure to Comply with.all Conditions stated herein, and with all related statute and other s*uiatwy.seseures, shall be deemid cause to revoke or modify this Order. U. This Order does net grant any'pautho /arights or any . i:olusive privilegast i es dodot authori� a any iniury to kwiv4te ps%wrty or invasion of private rights.. . . g. Thin order doss not rejig" the permittee or any-other person bf the necessity of comply witb all-other applicable feral, etste or local:statutes, ordinances, by-lass or regulations. 4. It# work authorized hereunder shall be completed vithin three years from the date of this-Qrdw- . d This-order•say be-extiMad by the issuing authority for ons :. cit more pariods of up to one ye*r eachto �� tion other issuing-authority at liast 30.days pri of the order. ' 6. where the hapartmmnt og liviro mental protection is requested to make a.datermination and to issue a Superseding OrdoW, the conservation Commission shall b• a party to all agency " ' proceedings and hearings beta" the Depattmant 7. The yroposad Work inalvdes-construction of parking and rearaatiOn areas an an existing site. a. The work shall conform to the following (except as noted in the remainder of this document where revisions say he.inauiredt (a) Notice of Intent filed by Elm hill Aaalty Trust. (b) plans prepared by-William Houohar rwisad 11/10/42: �. The following wetland'resoui:ae"area:is affected by the proposed worki bordering IAM:subisct t0 flooding, buffer sone.. The resource ascan are s gniliaant to the interests o! the Act and Town 67LW Doted above. This resourco area is also - :•di.c.✓✓F.{Lri�I:.v�►C•:�w.Oti`' t'% �".1 wlW:e��'�/ ':b.��:"... .Y..:.1,.. �wiz 6�laa...3'3'�.,1a.aii•• .. 1 ' Z 1242-0 Osgood 1!111 Condominiums 7 significant to the recreational and wildlife interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance o1 these resource areas to the _. Identified interests. io. The nce 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 subjeet to flooding or storm damage. 12. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all _._successors and assiqns in interest or control. 19. The NAce finds that the intensive use of the upland areas act • buffet 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 Notion of intent and ". approved hereins a twanty-live (25) foot no-disturbance zone and a fifty (50) loot no-construction zone shall be established from l the edge of the adjacent bordering vegetated wetlands. No .f disturbatIC6 of existing grade, soils or vagetation•is permitted in the no-disturbance sone, except for the parking area and , buiidiny to the right. (See Appendix 5 of the local Regulations). I ; 14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, oven after a certificate of Compliance, is issued, that the oil/gasoline traps in the Catch 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 request foe a Compliance. 15. This Order of Conditions is issued in addition to theme issued under Pile No. 242-414. 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. prior to or during construction the applicant shall obtain a Certificate of compliance on file 1242-414. is. This Order shall be recorded by the applicant at the • i alis=l40 oagooa (till Coodazinbilm :4 idtsY of .coeds imm d�'ttii ixPisation of all pdrivde• leo wort shall be undertaken Until the sinal Osddar:bas sseordad in the asgistry.Of.-Deed�t or the UvA Court 14T as at in which the land is located* the chain of title ` the afleated p Ia etad t>4s vase o! recorded lead, the Order shall as so�be,ais athe" Rs4istsY's Grantor 7s�dNc ' the name of the owner of:the land*upon which the proppstd rk.is to ba done. In the case of registered land,.tha t shall also be noted on the Load oourt•Certilicats o! 1'ltls c tbg gvnsr of the land upon which the'proposed work is to. dpnsi . rie rsaatiInfobe rmation emu to Jtdover CntonCa=Issanthe form at the 04 09'. Wer prior to aomsencsmect of the work. f' 1¢. s sign shall•be displayed at the site not less than two `- squats tact or-more than tires square feet in site.boasiuq � h• wbtds, 'ltsesaahuset MOapast+ Of.anvisonalata1 prOteatiaR� PLIA Numb& 242- 26. Any ahinyes •in the submitted plans caused by the applicant, ahokher soard's decision or resultinq•from this Order of l Cbli$itions suet be submitted to the M= for approval prior to i6p1Msntation. If the xhcc finds said changes to be 9significant, the BACC will oall•few another public hearing (at ,expense of the applioatft). Within_21 days of the c106e'of saij public hearinq*the n= will issw an amended or new Order or Conditions:' Any errOra.found In the-plane or iatormatLim slabmitted bythe-applicant shall bs:cdhsidered as changes. The proposed project may ba AUU undor review by-other heal Of stats boards or aganciss. This meq+ result in changes to tbs EERY:nans or•wetland impacts. I! any such change ocaor a . and an explanation ol -the revisions shall be o the-MAce for rkiiev and approval prior to the start �:• of Construction. Ao woek'shall begin on a psoect until written ; } • s W"al has been granted by the YNC. !: 71. "a Applicant eha11 contaat..tba Conservation Office prior to ; i. +itY preparation or construction and sha11 arrange an on-site i donlerence with-&A NACC representative, thecontsaetor and the . { applicant to ensure that all Of the Conditions of this Order are undArstcod. This Order also spell be:made a part.of the . badtraator'e written contract. Tis liasM or contractor shall ' lgtity the NAM•in wri of the ity of the an Its constsuotioa supervisor hisad to. Construction and to . . ensure oompiiance with this Order. 22. The applicant shall subpit'a-Constructloa achedulUse4n to � Project. detailing proposed asgnenoa of work oa sits to 22. vatland flagging shall be chscke� pr�-to start of '. 's eoastruction and anall be ra-dotablished where nissim so that , 4. R36 75 t• . 234 t2U-6q0 Osgood Hili CaodastWMW s erosion eoatroi measum can be properly placed and watiamd impacts can be monitored. 24. A ser of staked bay bales backed by a siltation fence shall be placed.betveen all construction areas and wetlands. The erosion control barrier will 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 measures found necessary during construction shall be implemented at the direction of the NACC. 25. The applicant shall have on band at the start of any soil disturbance, ramoval or stockpiling, a minimum of fifty (50) hay ._.bales and sufficient stakes for staking these bales (or an 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 $8,000.00 which shall be in all respectssatisfactory to Town counsel, Town ` Treasurer, and the NACC, and shall be posted with the North �. . Andover Town Treasurer before commencement of vork. Said bond or t .3 deposit of money shall be conditioned on the completion of all ; conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisidn, - : satisfactory to the NACC, has been made for performance of any 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 :i i 21. Upon beginning work, the applicant shall submit written progress reports every ons (1) month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the Construction sequence. 28. Any fill uded in connection with this project shall be clean fill,,containing no trash, refuse rubbish or debris, including but mot limited to lumber. bricks, plaster. vire, Lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 29. No exposed area shall remain unfinished for more than thirty (Jo) days, unless approved by the NACC. a - 1 •.. 235 f2i2-60 oeood •�'°m{¢�• s . 30. so"req adim in the butler sone emu haw a slops XUPM titan 2:% (horizontal,:va=t1C4): Slopes of stager grade shall rib-rapW-to provide p roaeent stabilisation. The a abai1.be.no atoaWling'of soil or Other aater1a1O" i:t bwantp%Wi (23) test of 4W rss47une area. 1�. Was4ings tsps concrete trucks, or las-oonareta, shall not ba directed toy any drainage system or ttetl 41 resoarei area. 22. All waste generated by, or assooiate4 with, the construction &-tivity'shall be contained within Ahe construction area, and " &ay any wtland resource.area. TAess sha11 b•. a-��" dt ipwnt constsuctign materials or dispose) of waste-on the site •..by any,-other means. The'applicant shall aaie:tain'dumpaters (or Other suitable means) at the site for ths'storhga and removal at '/wch spent construction sateriaYs"elf-,gate. ;6. Aoeepted engineering and constznation standards and. procedures shall be folioved in-thecompletion of the proiact. 29. )cambers at 'the NACC or its agent shall have the right to enter upon and Inspect the promises,to evaluate and/dr effect compliance with this order of Conditions.. The NACC•reast"s the rigW to require, following field i:000etiaa,'additional information ar vascirce protection measures• 26. Curing'and.after work on this prOlOct, there-shall be no discharge or spillage of tuel, or other pollutants-into any wetland resource area. . if"there is a spill or d"charge of any pollutant during any-phase of conatruction•the NACC shall be notified by the applicant within one (1) business day. No conitruetion vabioles are to be stored within loo tat of wetland.' . resource areas, and no vehicle rafualing,.equipment lubricatione. or aaintenanes is to-be done within 10"0 test of a.resource area. 37. No underground storage of-.fuel oils Obeli be alloved.on any •lot within Ona-hundred (100) feet of any watland rescurce.am. ` Ibis Condition shall'on-vivo this order of Conditions", and shall run with the title of the property. Thio condition is issued c :under the authority at the Tern Is,Wetland protection WUY- • 76. Fertilisers utilized *t,= landscaping and-lawn care shall be- /''� organic and.loge-nitrogen content, and shall be used in". F moderation. Pesticides and herbicides shall not be used within too feat of a wetlandresource area. This condition is issued under the authority of the TMIS V%tland PXOtMO ietn HyLaw. B 11367 , s 1242-05 -0s9o0d Kill Cordaminivas 7 19. IIpoA oompletioa of construction asci grading. all disturbed arena located outside resource areas shall be stabilized permanently against erosion. Ibis shall be done either by loaminq and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. N 40. Upon completion of the project, the applicant shall submit a letter.to the VACC from a Registered Professional Civil Engineer j'1t or Land Surveyor certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions). A stamped "As-Built" topographic plan of all areas within the jurisdiction of the wetlands Protection Act and Bylaw &hall- be submitted when a Certificate of Compliance is requested. Ih$s plan will include: a. "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland. b. "As-Built" elevations and grades of all • filled or altered wetland resource areas. c. Distances from structures to wetlands. d. A line thawing the limit of work. -work" includes t any disturbance of soils or vegetation. 41. The following special conditions shall survive the issuance of a Certificate of Compliant. for this projects 14. Kaintenance of catch basins. 36. -Diacharge or spillage of pollutants. 37. Prohibition of storage of fuels underground. 18. Limitations on the use of fertilizers, herbicides and pesticides. i •j S 1 .i . t� r 1 a 6.111 E .1111•'r••.�.... t .... .. s' a.. ... w . 'Jl:. .w...r.. ..•'i.... •..:Jti..:'t...�.J ji,.. t ..� . .. .... t. � ... ...' WwIiW.Jn�i.:j:'•,y•• r.l�. S.�• •.•1•r•• . . B367 220 RE TOWN OF NORTR ANDO'PSR Dt�..::t'Yv' NAGGACRN88TT8 Koh-. u"ER I �. -, � f.•'"ti DEC Zt d 25 Any appear shelf be filed within(20)days after the ' •'','�,.,�.�w 7NsY/eaatitrltea�p��e date of filing of this Notice �ai.eoeler In the Office of the Town Clerk NOTICE OF 0EC1810N11e.f>rs r- • ..•���i - • Date... a.e.eber ::, 1942 Date of 8saring Dacemb�r 1St 1992��'••.• �•-^p . . • �CtWon. ACJ.TPfr. . .................................. qr .,y,.•iii: ' t ee+ acted AM Ft�of.Els JRMc 9 !t.............................. Referring to the above petition for a ape" permit from the.r/quirements of the }IoFth•Andooat,ianin$•Brltrj.Seetien 11,• P.lamed.Developmtat. District. so as to permit .At.MkAAMPA a Spacial XQLMtis order to complete the•.�� .F>'1'PPFPokep.Pi:tA!.PPA00.FLA Pro)eeP ..................................... After a ppuublic hearing given on the above date. the Planning Board voted CDNDIIIDt(AI LY to APTAPS.......the .SPECIAL PEW ........................................ based upon the Mowing conditions: eel Director of Public Works Building Inspector t Conservation Administrator Health Agent Biped Aseaeeore Pollee Chief parAo6.l Axna t......... Fire Cbief Applicant ./AaaFh Xob=w................. Engineer File Jatu►S AMA.................... Interested Parties Jdro.ArAvAn.................... • i�phasd. ns•8�........ - e •'iY �Yf "Yr Yle..ii».1 }iaier�.rii.ii{e1VYfa. \Vii."•a"n'.0.^.—""s"."'ye3t.i..� ....t'�_. P ow 4. Z ,. wMJLP. Town of s2o�.seas.dosis : . NOR=ANDOVER sea e�sa { preolle► PLAIUNG&C0101UNWIr DZVXWPNENT Deoadwx 22, 1292 Krt Daniel 141191 TOwn Clark Town office•Building uo wain street North-Apdover,'Mi► 01648 Be$ Di�strVaCFMMt lot (POO) i 00d Kill 1naW101 permit . near Hr. Long: The North Andover Planning Board.'hold a public hearing on ' k= Tuesday evening, Daaemtier 1, .1992,- at 8500 p.m. in the •Town '.• Office meeting Roam, upon the= application of am=, . Ino. of, r.. Boston, MA., and subsequently •contiaaad the public hearing'until- 'Decombar .is, 1992. - The hearing was duly advertised in the Lawrence zagle TvibutN on November Wood November 23, 1992. Aupg parties of interest More properly notified. The followi s =*or& were present at•the December 1, 1992 meetings Joseph Mahoney, George Perna, :Jofin Diaper. John 51110ns and Richard Rowan. 4 The petitioner seeks a Special Perait under section 11- r of the forth Andover Zoning Bylaw f (the ' as"q Briar+"), governed by section 1ons 0.31 Condititer r Annroyal or Soeaial in Petit. This mention.of the zoning Bylaw permits a mixed use in an Industrial-s District by special As indicated in d Notice of Decision dated. September 3, ( y. 1985, recorded with the Be"% Forth District Regiatsy.oz-Deads at ! f Zook 2111„ Page 167, the Planning Board issued-a Spacial Permit to allow, the conversion of two existing. buildings, and constructica of live.new buildings, into 188 residential housing Onits and an office/rastaurtnt facility located on the westsids i of Elm Street and known as the Osgood Mill Complex. Said lot is i situated in an Industrial=s X*nitq District possessing 13.2 acres of land area, In additioin, as Lees is lobated in.ths Town's designated Commercial Area Revitalization District 40RD) and . Historic- District. Construction .authorized under the above - ! referenced special permit Mae discontimnsd before the•Osgood Kill Complex was ,completed, and a -question hes arisen whether the 8oial Peiait, as wall as-the associated site plan approval for tfia Osgood uili Complex, wM still In•toll.Imes and effect. . Bess7a .. Page as Osgood x111 Complex , i The purpose of the present Spacial Posit application is to obtain a now Speciai Permit, as wall as definitive site plan approval, in order to complete the ppartially constructed osgood Rill complex. She new definitive alto plan is sat forth on the plan ettitldd "Site Layout(,) 'Sutton Pond Condominiums , Andover, Massachusetts"i prepared C North P.C.t scaleI 1"<40'1 dated November 13, 1992, 30, 1992 (the "Plan"). The following members were present and voting at the December 13, 1992, meeting when the Board rendered their decisions Joseph Mahoney, George Paz=. John Draper, John Simons, and Richard Raven. Upon a motion bads by Mr. Mahoney and seconded by . Draper, the Board voted unanimously to close the public hearing and approve the petitioner's Special Permit applipation and Plan for a Planned Development District (PDD) Complex. Osgood for the Mill Attached are those conditions. Sincerely, j NORTH ANDOVER PLOWING OCARD George D. Perna, chairman , ccs Director of Public Works , Building inspector conservation Administrator Health Sanitarian Assessors Police chief rive Chief Applicant Engineer File _ BS887b - • 22 Kul pros x iai permit, p tboAufwat District Thi Planning Board hsrsin approves the special permit riqu"ted •`" - by".MMC, Inc., submitted. November 13, 1992.-The.Planning Board the following findings regarding this 1peoisl Pesmit_for a ' ' Development District (POD) esrsquised by sections 10.3 10+31 of the North Andower =aging Bylaw. , (1. The specific site is #en appropriate location for dumb a we, structure or conditions B. The use as developed will not adversely affect the neighborhoods !•. C. 'mere will be no nuisance or serious Uaara ti vehicle or pedestrians? D. Osquate and appropriate facilities will be provided for the �- proper operation of the proposed cleat - 114 The Planning Board finds that the.use is in harmony with the goneral purpose and intent of this Bylaw. , TYne Planning Board also naked the"' findings- under section 11,4 or tbs.Worth Andover Zoning, Bylaw that this M >= 36 Dods not detract from" the livability and aestbetia quarities of•tbs emviroaasnt. B. Is consistent-with ths•objectivas of the Boning Bylaw, �• C. promotes a more efficient use of land while protecting natural remburces, such as voter resources, •watiends, flood plains, and wildlife. i• D. Promotes diverse bossing at.a vdriety of moth. ;. E. Contains ingress and egress for traffia flow that, is designed properly so that there will be no sssiona Ward to vehicles or pedestrians. F. Contains adequate parking. faailities for each use and t` structure in the development. 'a. Is designed so that solar facilities-and functions are- vidnally compatible with the natural and pistoriaal = 8. Nill aot-adversely -,affect the natural environment to the detriment of "nnity"dharaater and publia Malth and Safety.: Finally, the planning.Board finds that thi PDD complies with Town i . 224 . . Bylaw requirements so long as the following additional condition are met: . r 1. The regaired open spaces shall be conveyed to the Conservation Combission or to a non-profit ccasetvation organisation, or to a corporation or trust representLq persona responsible for the PDD, and shall be protecteda conservation restriction as required by G.L. Chapter {A, r Section 90 for common open specs in cluster developments.- The conveyance documents will be provided to the Planning Staff for review prior to the recording of the Special Permit. 2. The applicant shall comply with all Borth Andover Department of Public Works Arles 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 lines, may subject this decision to modification by the Planning Board. s. The property owner shall -use the *proposed right of way" as shown on the Plans titled: site Layout, Date issued: Nov. 13, 1992, Revisions: Nov. 30, 1992, Prepared ' By schadler Assbciates, 5 Waterville Ad, Farmington, cT 06032 (hereinafter *Plan") for ingress and egress to the Bite. The Property owner shall continue to use this right of way a as it may be modified over the Brickstons property,. so- called, in the future to access directly the Button Street ; connector, once it is constructed. .. r S. All lightifig within the site. and the right of way shall be as shown on the Plan and shall be consistent with existing lighting on site. ; � 1 •6. all new signs shall be approved by the Town Planner and must have' a sign permit as required by Section 6 of the Bylaw. I 7. The Planning Board approves, at a minimum, 281 parking i spaces as shown 'on the Plan: The Planning Board finds this y 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 providw for ! handicapped spaces as required by applicable state and j federal rules and regulations. S. The water installations must conform to 310 CHR 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. t � i pep 8gta7s f. the applicant shall adhere to the following s@gnfsements of . the Department of public Works: d. no applicant will compact:the new water main an tip . �. Osgood nill,site-to tik recently .installed water slain ' y y• an the Horth M dovar NM's property. AI1'unmetered on site water trains to be used: for domestic purposes ago . . to be abandoned. • f` .b. Tots.wevage ptmpin4 station a eolleotiol� system ehot�ld be inspected and.tested to determine conformity to the appropriate regulations and specifications -at Division of public Warks. A sews oonnoation t swat be prodnold tram, the Division of Water.P" ' Colntroi of . the 'Massachusetts .Department df 8nvironmental protection it necessary. a. Tho. axis * pump station adjantto the attic% building-v" cebe denol�.shW. T1s applicant will instil at •�courtyard�oieator pump.to the lift station f 10. fte applicant shall adhere to*the foilowi'nq requirements of the Fire DapartmintV a. The *Fire Mepsrtmsnt- must be contacted prior to- the installation ct•any underground tanks. fs. Copies of the completion certificates for asbestos removal must be forward" to the. time department. e. res automatic fire sprinkler systems is required to ."' Finished. the Fire Dspirtment' will work with the. 1 sprinkler contractor to modify axisting bat .partially �. system to oomply with applicable lire safety. L. all the instellationg must be inspected and { tested to see it the flows will be adequate. U. the connection for- the sprinkler systems pratectinq the units and adjacent bailweYe shall be corrected by the removal of the 1r so yarata inklar shutoff so that Ebes+as is n orisyy one slut off for both the domestic and • eprinkles'-water. ' iii. the sprinkles contractor @ball riviiw the • entire sprinkler protection system wi%h the. fire chW prior to the start of any work on any existing cr nw.systems:- d. She dry firs hydrant is to be maintained by the property owners. it must be tested . by the 'tire � T 1993675 7 j1 } ! 226 departmak and.repair" by the property owners. A. The automatic sprinkler system used to protect the storage area on the lower floor@.m et be installed in accordance with applicable• fire safety codes at the _• direction-of the tiro department. f. fire department connections are required on the i Standpipe systems. These standpipes angst be installed In accordance with. the applicable fire safety codes.- The tire department will work in conjunction with the standpipe contractor to insure that the proper adapters i and threads are installed on these devices. q. The tire sprinkler system in the stone maintenance building must be maintained by the property owner. Any change in use of the building from maintenance to another use muat be reviewed by the fire department. b. the existing fire alarm box-, located on the old mill Must be removed. A new firs alarm box and remote annunciator shell was installed-at the far right corner of the existing old mill. This fire alarm box and 1 remote annunciator shall service all the fire alarm 3 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. . .� A. The- fire ale= system components- that have been installed must be inspected and tested. �. A fire alarm- system must be installed with the ' following equipment; I. hardwired smoke detectors in common' areas and hallways tied to the fire alarm central panel and i tons indicator; ii. -each unit will have smoke detectors as rdquired ! ' but will be only for that unit and not connected to the central panalt , 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 plane. V_ A water flow alarm for each sprinkler system shall be Installed. These alarms will not activate the master - 1 -77 EB13675 ' .. - 227 fire alarm box. ow systts Protecting the storage arras. shall switch. -oomected to.-the main conWill lttripthl and-the thesaitsr fi aivation Of laM box .that leer sw tnsb Jr 11i . prior to a Certificate of accupanay being Lemma i ` a. Bonds. in the fora of a lassbook or*1 Party Rgraa�esat is an amount- to be determined by .the Planning , DePutment,- Shall- be pelted to ensure aonst�cnetion ' r and/or -eompletioh of tis right. of way across -the Brickstone. Property as shown on the record pl4ne. b. The applicant Ln 'to provide a. final as-built when construction is completed to be approved Dipartaent of Public Nokks"and the %Wn or. � the 11. Prior to a.Cartifioate of Occupawoy . being issued for the last of the five Ss) naw buildings, the Property ovner must construct -ons additional elevator as. shown � CA the building'plans. 12. The applicant gust oesply with. all Kasiachusetts state building cadre end obtain all. permits acid approvals as regdred•fsam the-D"Uti g,Department. 14. There shall be mo burying at dumping of conetruation material on the mita. 15: The contractor shall oontan:t Diq safe at learnt 72 hours Prior to commea LM any ez;aavaUon. : 16: Gas, telephone, cable and Electric DGilities shall be installed as specified by the respective utility Companies. 17. Any Plants, trees or ahrubs tat have been incorporated into the landscape Plan-approved in this dscision .that die within CPAfrom the.time of planting shall be roaaoad by'%he PP :.". Is. Any demolition of'stractwas and clearing of material shall - ba as shown on the Plan. 19'.- The Karo street accass to the property Shall"be a gnu way i Gay ingress. no Scharr to the property -fres-8igb street ! r- shall ba'both an egress .and ingress across the sight of wqy a as described an the'Pian.and 6• referenced Ln'Cand tion !' so. The one-way access from Ka3n.strest'to the property ii .to be maintained by the owner. :. 21.. my Chun" •In ria of the :tans maintenance bull ding fsgF maintatunwa to.another nes -ii -subject to tete seviav of Planning SD",GL Bash75 . 2�8 ! 22. The construction of the- interior of the building shall be under the supervision of the Building Inspector. i 23. All construction shall commence within two (2) Years from the data of this approval and shall be completed within five (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 successore and assigns in interest or control. 25. The following Plans shall be considered as part of this decisions i Plans Entitled: Osgood (fill (forth Andover, MR Prepared by: Anderson-Nichols, Boston, NA Scales 1/80 - 19-0" Dated: April 6, 1987 • Sheets CI-Ce - Civil Shoots Dl-D10 - DemAlotion Sheets AO-A23 - Architectural „ Sheets 51-69 - Structural �• Shasta P1-P6 - Plumbing Sheets M1-M7 - Mechanical `I Datedz 3/17/87 Revised: 4/1/87 `• Sheets E1-E12 - Electrical Plans Entitledt The Osgood Kill, North Andover, MA Prepared bye Matarazzo Design 9 Kills Avenue z Concord, K.N. 03301 Scales 10 - 30' If Dated: August S, 1967 Sheets: Dateds November 11, 1987 Sheetst 1 - 2 Revised by the following planes ; Plans Entitleds Site layout Sutton Condominiums North Andover, NA Prepared bys Nenty Schadler Associates, P.C. 5 Waterville Road Farmington, CT 06032 j 2 Dated: November 13, 1992, . Reviseds November 30, 1992 •. i ' 1 f .. ini �.rY1r'iMilllll - .:J1'(Irralii'°""——"�+SMis.."••�:`.�••. ..1.i 893675 scalm t site Development Plan Prepared for MM&nanagement Miiweation soalst A0• • Datadt August 19'9 .Plans Ehtitleds Planting Plam . suttan Pond ftwam�aitots Horth Andover, fo Ptepasae byt 8anrt 6ebad2AW : Datedl J favmbst 11, 199= Rdviaode November 10, 1994 scalet P..* 401 r'• .8 .,a t.•a!• Publie ?' Conservation Adalniet otor. .- slisseshasenL Police Wal. -tiri.Chiet. � 1�ppiiaant - j 1 ' Hg8840 John•J. Bolan sed Zmat.A. Gralia, iii, Trustees of Elm trill Realty Trust, under Declaration of Trust dated Decem ei 20, N 1992 and recorded with the 'Essex North District Registry of Deeds at Book 3675, Page 267, having a usual place of business at-833 Turnpike Street, north Andover, Ban" County, WnssachneetLe, fat consideration paid, grants to the TOMB OF NORTH ANDOVER, a Massachusetts municipal corporation situated in Bonsai County, having a usual place of business at 120 Nain Street, North Andover, Maetachusett6, with QDr=AIK CQVBRANTB, A Conservation Restriction, pursuant to the.provisions of wassaahaeetts General Lens, Chapter 194, sections 26 through .33, as'hereinafter specified, for the-bensfit of the upland portions of a certain parcel of ( land (the Benefitted Land') situated in north Andover, Essex , `.. 1 ' County, Naeeachusette described In Instrument 16474 recorded in Essex North District Registry of Deads on !larch 111 1993 (the i Property)► on Osgood Pond and related waterways,. as more tally ' shown on that certain plan entitled site Plan of the 'Sutton I Pond Condoidniam"i prepared for Elm Kill Realty Trust f prepared • by Chri Danson i Sergii ecalec 1•-5011 dated Sept. 1, 19931 -recorded herewith in the Esse: north District Registry of Deedai ; and to that and the Grantor, for itself and its successors and assigns, hereby specifies, provides, covenants-with the Grantee, and grants as follow, 4+ I. The'Coneervation Restriction hereby granted and the i;; right to enforce the same shall be managed and contralled-by the ConBervation.COM'smion of the Town of Worth Andover pursuant to - the provision* of Naseachusstte Genoral.Laws, Chapter 40,. Section SC, and shall be perpetual. 2. The rights hereby granted constitute the right to enforce the restrictions, and the Grantor hereby cavenaflts, for itself and its successors and-assignn .as aforesaid, to stand seised and bold title to staid Prssiisos subject to the restrictions, that-, GRcopt.as herMinafter speoiticall p��v�kind In the.following 3 beriof I said Pr miles shall be retained predominantly in tbel aatoral Bowie and o sn g . condition in natural .eLational Cover, in os+dss to protea! thy: natctral resoaroes of the 'l on of Korth Andover, and to that and, ! . . i r • 2Qa:sept as so provided in said Paragraph 3 hereof, the Rules And Rests moons governing the use of waters under the control of the Conservation Commission of the Town of Horth Andover, as from time to time duly established by said Commission, shall be ` applicable to said Premises as if the same were owned by said Cammission. 3. The Grantor shall have, and hereby reserves unto i itself and its successors and assigns, the rights and easements (a) to develop and construct the Sutton Pond Condominium on the portions of the Benefitted Land which are not hereby so `- restricted, pursuant to and in accordance with applicable law and permits issued and to be issued therefor, Jb) for purposes of such development and construction, temporar ly to use and have access to any portion of the Premises as are necessary thereto, (c) for purposes of such development and construction and for providing drainage for public ways adjacent to said Premises and to the extent necessary therefor, (i) to install, construct, maintain, repair, replace and use subsurface utilities, subsurface drainage far:lities and subsurface sewage facilities (including certain above-ground structures and improvements), culverts and other drainage structures, and emergency access ways and fire lanes within said Premises, and - (ii) to excavate, alter grades, backfill, and cut and remove trees and other vegetation in connection with the activities set forth in clause (i) above; provided, however, that any activity specified in clauses (i) and (ii) shall be allowed only if the North Andover Conservation Commission shall have deterafned in each case that such activity will be accomplished without causing substantial long-term degradation of the natural, scenic and open conditions of the Premises or the natural vegetation thereon, (d) to use any part or all of said restricted portions of said Premises for gardening, forestry, agricultural or non- commercial social or recreational purposes, such as may be permissible in Residential Districts under the terms of the North Andover Zoning By-haws as amended, and to do all acts or _ things necessary or appropriate thereto, provided such uses, acts, or things do not, in the reasonable judgment of the Conservation Commission, cause substantial long-term degradation , of exceptionally valuable features of the Premises, including woodlands, wetlands, productive farmlands, areas of scenic beauty, and sites or structures of historic importance, (e) to maintain, improve and regulate watercourses and ponds on said Premises for conservation or scenic purposes, and (f) for the benefit of all unit owners and residents of said Sutton Pond Condominium, to use and to maintain in suitable condition for much use, much trails or paths over any such portions of said Premises as now exist or are hereafter laid out thereon by the Grantor or its successors or assigns, as are necessary or -2- Viftro0A1 V854M .&c4 i 77 993840 w �grf:"A's'• .:11':1!f 2 pppaeopriate for peonage on toot or by bicycle where such paths are suitable therefor, Vj=dW bOMMr, that with respect to' all ouch activities as are specified in the foregoing clauses (a) through (c) of this Paragraph 3, (1) all such activities shall be subject to the Prior written approval and•tbe control of the North Andover Comservation Commission) (ii) all such activities which pursuant- to provisions of the north Andover Zoning By-1-a" or any other applicable lave or regulation@ of the Torn of !Porth Andover or the Commonwealth of Massachusetts, sequire approval and/or a permit of any board, agency or official of the Town or the Commonwealth shall be subject to the grhnting of such prior approval and/or pormit, and such activities shall be carried out strictly in accordance with the terse of said approval 8r permit and all applicable laws and regulations, and (iii) insofar as any such activities are eubiiect to provisions, procedurss'ar controls not forth in the Aaster Dood of .the Sutton Pond Condominium dated of even date ' and'recorded miith the Essex North Diitrict• Registtrryp of Deeds or the Declaration of Trust of the Sutton Pond Condamminim Trust, dated of even date, recorded-with said Deeds herewith, snail , . activities shall be conducted oPily pursuant to and in accordance with such provisions, procedures or controls. 4. By hereby establishing such Conservation Restriction the Grantor does not hereby grant either to said Town or to the public any right to enter said portions of said Premises or the Benefitted Land except'that the Grantor hereby grants to said Town a Pamansnt eaeesreat of -access across the Benefitted Land and the Promises, by its Conservation Commission, for the pdrpose of inspecting the Premises and enforcing the foregoing restrictions and rewedying any violation thereof, which right � . hereby granted shall be ln.addition to any other remedies available tq said sown for the enforcement of the to ragoitq restrictions. S. Said Prix iam hereby restricted shall be and constitute Open Space or Drimste Open space provided by the Grantor to and for the benefit of the i�ra o! North A"dD"W tot all Purposes Permitted purousat to the North Andover Zoning /y-- ; Laws. The Conservation Restriction is Qiven as avelanta:y donation by the Grantor to the 'rare of forth , and no a AW .. •• ... ._ —»...t.,-. -.�.. �'�•?,e sem,:- — C", .. 993840 a 5�• + xassaohusetts deed owl" stamps are affixed hereto, none being zwpLxed by law. WITNESS our hands and seals this , Nay of 1993. ELIC KILL REALTY TRUST 1 ha Rola , r utas 11a, III, Trustee C111111,111LIM OF XRSSR+CRUSETTB N. U ptedser 16 _ , 2993 Then yexsOnaliy appeared the above-named John J. Bolan and Ernest A. Cralia, III, the Trustees of Else Bill Realty Trust, and acknowledged the foregoing instrument to be their free act and deed in their capacity as aforesaid and the free act and deed Of Els Nill Realty Trust, before',re, ao lic retl+icq 1M„ ice► •• KycombLesion expires: -4- +r�sa,a�eottu.s�t.ps . i Y ELM MILL REALTY TRUST 200 North Main Street East Longmeadow, MA 01028 (413) 526-4586 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 HILL) 166 ELM STREET NORTH ANDOVER, MASSACHUSETTS 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 Iiigh 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. i TOWN OF NORTH ANOOVER. MASSACHUSETTS DIVISION OF PUBLIC WORKS 3a4 OSGOOD STREET. 01943 WILLIAM A. CYR TELEPHONE 687 7964 FAX: (508)683 9381 -nf f nimOIREC TOR wOp 1ti Of . a • ,ti0 C r 1� a December 1, 1992 ;1Js�<NU`'tt Mr. George Perna, Chairperson Planning Board 120 Main Street J:ortb 9711rdover, 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. I : 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 mains 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 . he :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 YX7� a-5/P 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, 1 J. William Hmurciak, P.E. Assistant Director JWH:jm