Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 148 MAIN STREET 4/30/2018 (12)
� O V a �0 d S of, DECISION DUE t3�a• 1.,a�-oma TO S OFFICE BUILDING NORTH ANDOVER, MASS., Linda VanDeVoorde - tel: 978 688 5422 x 205 fax: 978 688 5717 email: vande@gsd-assoc.com GSD ASSOCIATES 148 Main Street, Building A, North Andover MA 01845 Computer Aided Design •Architecture Planning • Interiors • Development Consulting ZBA 1 0 7 r Date .: ........ ............ ........ of NowrN�� ? ° TOWN OF NORTH ANDOVER F p RECEIPT CHUS�t This certifies that...... .....:..'.`.. !' i/ t .............................................1..:=.... haspaid.........`....................... ....... .. ...7..�.7........................ for........... '..... .`......................... .............!.'...................:.:. Receivedby..... .... ..............:.......................................................... . ,� Department......................-...................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer �0DID--- os 0 No.: Date +%/- 31 E N°RTM 1 TOWN OF NORTH ANDOVER 3? ° p BUILDING DEPARTMENT *•o�•'th Building/Frame Permit Fee $ SSACNUS� Foundation Permit Fee $ Other Permit Fee $ V Building Inspector •• .- Y_ -tel .-[.r'� _._..}...._. 4 v-:yr-.- ' rn No.: Dater�'r1QdZ NORTH TOWN OF NORTH ANDOVER A BUILDING DEPARTMENT Building/Frame Permit Fee $ SSACHU`�E - Foundation Permit Fee $ Other Permit Fee R vt) $ If Building Inspector Oe— L�� rte. IMPORTANT MESSAGE For rel, Day TUPs �v/P- T1,nn /I�"� P.M. M / L ��eJrr►� `� Of 0�;1 V' !G ��r ,r✓t r1'� ' 111 '" Phone % 7d ' 7 d FAXArea Code Number / t ' e MOBILE /1� L`fF/s."fA I Code Number 1 E densi r) Telephoned Returned your call RUSH Came to see you Please call Special attention Wants to see you Will call again Caller on hold MeaanyJ !1 e f9 c e S o Ger4 s e 6,41/ exf g Signed Universol-48023 ,n I Y{I 0V LITHO IN U.S.A. � � 7 �t I a 5 ✓GP \A o-n � v gyro 3� 11� 1� 09/27/02 DEVINE, MILLIMET&BRANCH 12053 NORTH ANDOVER,TOWN OF REMITTANCE ADVICE CHECK NO.: 9467 DATE INVOICE DESCRIPTION MATTER# AMOUNT NUMBER 09-27-02 13041.59266 FILING FEE/SMITH/EOB 13041-59266 50.00 TOTAL: 50.00 i i a r t Town of North Andover f pCRTI{ Office of the Zoning Board of Appeals Community Development and Services Division •"�"tom� ,±' a 27 Charles Street ,y �•,ro North Andover,Massachusetts 01845 sSACNU`�ES D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 i Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&December10, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square,P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 TYPING DATE:June 14,2004 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 Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,-300 Brickstone Square,P. O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P.McIntyre and 2nd by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision2002-050. c WON. .t_ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Aridover Office of the Zoning Board of Appeals A Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'ss•�c►+us��< D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 N O C iCC'� —� - r--r `o r-rl Q r Legal Notice w FrI-� North Andover,Board of Appeals - Cn N Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12'"of November2002 at 7:30 PM to all parties interested in the appeal of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine, Millimet&Branch,P.A., 300 Brickstone Square,P.O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10.Paragraphs 10.1 and 10.4 of the Zoning Bylaws. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan,Chairman Published in the Eagle Tribune on October 28&November4,2002. Legalnotice 2002-050 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 ni - - ro Postage $ t 3 roPostage $ / - ni fv `° 3 -0 � �^ . co Certified Fee 2 C � Certified Fee V Postmark , Return Receipt Fee Postmark Return Receipt Fee / Here 0 (Endorsement Required) Here (Endorsement Required) Restricted Delivery Fee O Restricted Delivery Fee O (Endorsement Required) Q (Endorsement Required) __ � Yr Y Z ED Total Postage&Fees C:3yZ � Total Postage&Fees ' � -I- Sent To — 7 Sent To o Andover Savings Bank Street,Apt.No.;-------------------Rack Realty LLC 29 -.....-------- o orPo,B Xt.No.; c/o CB E11isBoulos Property Mgt a or PO Box No. stead Street o _ --._ -Z_-_-._---._One Canal Plaza o ---------------------------------------9 1 HaTrip � City,State,Z/P+4 - crry,State,ZIP+4 Methuen,MA 01844.----------.-. Portland, ME 04101 :rr rr { • • ro , m tl r w ` ' s r `: r CO Postage $ I 3 - Postage $ / 3 ro ni — _ ..l M Certified Fee 2--30-, M Certified Fee G• 30 ra Return Receipt Fee7Postmark r•� Return Receipt Fee Postmark (Endorsement Required) � Here p (Endorsement Required) Here C:3 0 Restricted Delivery FeeRestricted Delivery Fee O (Endorsement Required) (Endorsement Required) M Total Postage&Fees $ M Total Postage&Fees . [� �I I LSentTo 0 Sent To f� --------NAM Partners Limited Partnership rUt,-Apt. --- NAM Partners Limited Partnership ru .; or PO Box Np,0 . 900 Chelmsford Street o 900 Chelmsford Street +4 r- y, tate,ZIP+0Lowell, MA 01851 Lowell, MA 01851 r _ ^a'i� 'fit%f3 1 q�r t.::�fi 3. `� ���}t,".l r;;, t' cr " r�,•=c.. - iA •.j {1� $ n �, f fw }( iK" �y ""`t§ 4fxs kJ ru 4+v'y I4 tS Vz 7:i -�Yi �.sf .xJ° CO Postage $ r -: .'. _. ro Postage $ .. _.: .,._:... .. ni fU � Certified Fee .2• 3 0_ _ � Certified Fee Returr,Receipt Fee !, "f Postmark Return Receipt Fee 1. ( Postmark Hera 7 Here � (Endorsement Required) C3 (Endorsement Required) Restricted Delivery Fee -- O Restricted Delivery Fee O (Endorsement Required) @@ rZ..• �O (Endorsement Required) $ .@_ O Total Postage&Fees y1 LI Total Postage&Fees $ Ur 1 -7- Sent To Sent To M Town Of North Andover o Whittaker Family Trust .......---•- rU Street.,Apt.No.; Town Offices & Fire Station r-U Street,Apt.No.; -------- --William D. Whittaker '-------••-- r-I or PO Bax No. or PO Box No. 120 Main Street .---.--__--73 Saunders Street �Clty,State,ZIP+4 Cfty,State,ZIP+4 t` N. Andover, MA 01845 r` N. Andover, MA 01845 rr rr I 11011 iiii 01411 ,. r a CO cc Er '„„;;' A -#E J 2�8' "< mow.. v.,.., c,,.>= _, m »a. i$•aa. o"' cc Postage $ 3 —7 m Postage $ r 3 rl-1 ? ru �J M Certified Fee 2•7�_- _11 Certified Fee L ' Postmark Postmark �- r-9 Return Receipt Fee f —7Here Return Receipt Fee - -7 Here C � ( Endorsement Required) (Endorsement Required) ) 1:3 Restricted Delivery Fee O Restricted Delivery Fee D (Endorsement Required) O (Endorsement Required) QQ y. C3 Total Postage&Fees $ 7 Total Postage&Fees W - O .A QFii t To DianeLetizio 53/11 o Sent To Richard Lentini --- 22 West Shore Road t,Apt.N°.; ---------- -----------------------------------56 Neck Road ---------- fU Street,Apt.No.; O Box No. a °r Po Box"°- Ward Hill,MA 01830o Windham,NH 03087 State,ZIP+4 17`- City,State,ZIP+4 rJ2,111 •:t lt"MA H � m M ;a � m a Fli ru to 3 CO Postage rL — CO Postage $ r37 `DCertified Fee 2 • '30 _p C:3 Certified Fee 2, 30- ED Return Receipt Fee - Here Postmark 0Return Postmark (Endorsement Required) (Endorsement Required) Here O Restricted Delivery Fee M (Endorsement Required) E:3 Restricted Delivery Fee Total Postage&Fees $ / - U� ![� Z _ O (Endorsement Required) -_ � L1, O Total Postage&Fees $ q L/Z C:3 Sent To GeorgeSchender sent TQ ............................73 Chickerin Thomas & Carolyn Barnes ....- or trees,Apt.No.; 7� ---•------------------•--•-•-•---_.._. or PO Box No. N g Road Street,Apt.No.; Andover MA o or PO Box No. 76 Saunders Street C3City,State,ZIP+4 01845 0 City,State,ZIP+4 N. Andover, MA 01.845 -- I 771F Ill, n z r � •" i T '►; • . .- ,Car,.:. M . ., a O Ln Postage :..$ • J rLi rU 2. 30 CO Postage $ Certified Fee . - �•- Postmark —arq Return Receipt Fee 1. 7� Here p Certified Fee 2. �O.- M (Endorsement Required) Postmark E:3 Restricted Delivery Fee REturn Receipt Fee / 7< - Here C3 (Endorsement Required) /' E3 (Endorsement Required) Fee C3 Total Postage&Fees y y 2� � (Endorsement C:3 Restricted Delivery G/ X12 � Sent To p Total Postage&Fees ED Richard & Sherrill Lentini —0 ru = Sent To Street,Apt.No.; 56 Neck Road o To 0 or PO Box No. ---------------------- wn of N. Andover------— Street,Apt.No.; Cit State,ZIP+4 WardHill, MA 0180 ru 120 Main Street � Y � or PO Box No. :r. 1::111111 jo : :..: c;ry s�aie;ziP ------------------------N- Andover, MA 01845 � :rr �r 1 PostalU.S,Postal Service (DomesticCERTIFIED MAIL RECEIPT ;CERTIFIED M L Al RECEIPT 1 (Domestic Mail Only;No Insurance Cov�rage Provided�.' - ru ru - - - coPostage $ • 3"%' ,gyp Postage $ ru ru '11 Certified Fee 2, 30.V'.: 7WI C3 .11 Certified Fee —7 Postmark O Postmark (Endorsement Required) Free , / Here Return Receipt Fee � / - Here (Endorsement Required) O Restricted Delivery Fee C3 Restricted Delivery Fee p (Endorsement Requlred) p (Endorsement Required) Total Postage&Fees $ i `'`' -: ;; ivi-=''"= p Total Postage&Fees �FTO Arthur& Ann Comeau Home Realty Trust oSusan Fontaine 41/37 C3FSentTOHarold J. McPhee,Trusteeru - 53 Water Street.; 63 Water Street f1JNo +o"'"'"'" "' ' N. Andover MA O 1845 0o.IP+4 N. Andover, MA 01845 •. MAIL RECEIPT ==........... 6ni6stic Mairbnly,�.No Insurance Coverage Ln CI '.1<� r ,. ru M '" ` r ru L S ru co PostMFe _ ru co137 _..... ..__ _-.- Postage $ `n Certified 30-7- Cl ru Postmark _pHere Q Certified Fee 3a Return Receipt PostrTlafk rq rq (Endorsement Requ _ - � Return Receipt Fee ' Here O Restricted Delivery O (Endorsement Required)(EndorsementRequ - Q Restricted Delivery Fee Total Postage& (Endorsement Required) sFSentToSt. Gregory Armenian Apostolic Church p Total Postage&Fees $ Lo �Of the Merrimack Valley 41/5 SentTo ru , Roman Catholic Archbishop of Boston QMain Street ruStreet,Apt.--- 6N. Andover,MA 01845 0 or PO Box No.17� 1`3 196 Main Street City,State,ziv+N. Andover,MA 01845 PoSt6l S6 CERTIFIED MAIL RECEIPT: /. • i7l(Dornesiic�mafi only;No Insurance Coverage Provided) ruru ru N D' co Postage $ - 3 _:.._ -. . co Postage $ 3 __.. ru nl 7_ C3 Certified Fee _ _€ Certified Fee Postmark Postmark r_1 Return Receipt Fee /. 7 ` Here Return Receipt Fee Lam _ '_ O (Endorsement Required) l _ (Endorsement Required) Here Here C3 Restricted Delivery Fee 0 Restricted Delivery Fee O (Endorsement Required) O (Endorsement Required) C3 Total Postage&Fees $ r"/ Z - - p Total Postage&Fees y $ yr q -T- sent To Richard Juknavorian Sent To --------------Francis Shea 41/10 .------- Windle Realty Trust ru Street,Apt.No.; rU Street,Apt.No. -' ----- alerie M. Windle T ------ or PO Box No. ..__-__.•_________________________.20 Mount Vernon Street _ o or PO Box No. � Trustee crry,stare.z/P+a o ••---•----••---••- 6 Water Street r� N. Andover,MA 01845 city,State,zIP+4 r` N. Andover, MA 01845 :dr r. :rr dr - - - Postal:U.S.Postal Sehii6e -Vic,CERTIFIED . 'MAIL RECEIPT tERTIFIED MAII-,RECEIOT- ' ncerr (Domestic • .. r Ir Only,ad r • ,r- Provided) . {{ ro ru F. ilk ru .f. - - - ru Postage $ :•: 1:0 Postage $ --. _.._. ...... E7 ru �p `D Certified Fee 2' � '`% p Certified Fee 3l!_'_.;; O Postmark _ Postmark Return Receipt Fee r Here r� Return Receipt Fee /, - / (Endorsement Required) Here C3 (Endorsement Required) O C3 Restricted Delivery Fee .i f O Restricted Delivery Fee O (Endorsement Required) I (Endorsement Required) _-_ O Total Postage&Fees - ' - p Total Postage&Fees .� L/r L� U y- I FSent ToSentTop _-.Roman Catholic Archbishop of Boston p Charles&Justine Breen.fut . (u Street,Apt.No.;0PO Box No. 196 Main Street p or PO Box No. 35 Merrimack Street y,siaie,zip+aN. Andover,MA 01845 ciiy,state;ziP+a--------------------N. Andover, MA 01845 rrPS Form 3800,January 2001 - .,stal service . ERTIFIED MAIL RECEIPT;: - CEIPT. ,. CERTIFIED'MAIL RE Provided) (y � r�u v �' - 9... �7 � Postage $ '< _, ._ ._ flu PostageM�/2— r t RJ _a 0. Certified Fee Certified Fee Postmark rq Return Receipt Fee Postmark Return Receipt Fee Herep (Endorsement Required) Here (Endorsement Required) -O _ p Restricted Delivery FeeO Restricted Delivery Fee O (Endorsement Required)O (Endorsement Required) JO Total Postage&FeesTotal Postage&Fees `�r r - - -- `0 Anthony& Abel Mottolo 41/ 'LSentToC3 sentro pNAM partners Limited Partnership Mabel J. Mottolo Realty TrustrU p_• ru Street,Apt.No; p 900 Chelmsford Street Oor PO Box No. P.O. BOX 504 Oo MA 01851 r /tyState ZIP+4Andover, MA 01810 rr C3 C3 17, T ru L! :rr rr ED Postage $ . - ro t1J Postage $ r - - /�,�• p Certified Fee 2. 3 ;j O Certified Fee 2, 3lJUt% r-.R Return Receipt Fee / Postmark O (Endorsement Required) r ' 7< Here r•9 ReturnReceiptFee •^7 _ P _ - C3 (Endorsement Required) Here O _Restricted Delivery Fee - ..= .._._D__ M ResMcted O (Endorsement Required) p (Endorsement IReequir - ..__.: _ O Total Postage&Fees $ p Total e Postag - &Fees �.: -� �i - Sent To C3 sent ro p Mary Ann McClure , p o 28 Water Street Brian&Marilyntreet,Apt No.; •-•••- -----••--- arilyn WhitneyWhitor PO Box No. oorreet,Apt:No; 36 Water Street y p -•--•__---•_ N. Andover MA 01845 or PO Box No. C/ty,State,ZIP+4 , Clry State,ziP;a----------------N. Andover, MA 01845 ------ :11 11 :rr rr a: ,A '••• CERTIFIEDCERTIFIED MAILRECEIPT ' Elk • I • • .. on o insurance Coverage Provided) C3 m ru A n . ;,_ ern, L .:._ _: .,� ru ru _ co Postage $ ' 3 Postage $ 3 - ru _. rU C3 Certified Fee Certified Fee - Postmark Postmark Return Receipt Fee /, Here Return Receipt Fee /• � ' Here rq (Endorsement Required) -- _- (Endorsement Required) C 3 Restricted Delivery Fee t3 Restricted Delivery Fee O (Endorsement Required) a (Endorsement Required) t3 Total Postage&Feesr y Z Total Postage&Fees y•�'Z -' 2- senr ro McCabe Realty Trust �- senr TO Trask C3 o Donald&Mary --•---•--"------------------------------Bette Mancuso,Tr 41/�------ ...----------- rU Street,Apt.No.; 0 or PO Box No. Street,Apt.No.; 18 Water tree __. ._-__8 Water Street o or PoeoxNo. N. Andover,MA 01845.---------__ city,-siaie,ZIP+4 N Andover,MA 01845 c;iy,s:eie,zia+'a ., CERTIFIED�MAIL;RECEIPT • /. ail Only; .- r�- •0 a M U ru rq 3I ` ru ru Postage $ r ✓ / - co Postage $ ru Certified Fee n CI`"' p Certified Fee 2. p C3 L Postmark �• / Here r 9 Return Receipt Fee 7< Postmark Return Receipt Fee "` Here (Endorsement Required) - _ - - - .:,_ � (Endorsement Required) C3 _ -- O Restricted Delivery Fee 0 Restricted Delivery Fee Q (Endorsement Required) �7 0 (Endorsement Required) Total Postage&Fees $ y Z/ Z" - p Total Postage&Fees $ L f,q - -n Sent To Dizzy Bridge Realty Trust - -I- Sent To Richard& Gail Clermont, Sr ----- _ __-Carrie& Kenneth Crouch _-_. Srreet,Apt.N." 22 Water Street fU Street,Apt.No.; � or PO Box No. _._._.__ O or PO Box No. 31 Moody Street C3 ;State,zip+a-'"'""" N. Andover,MA 01845 ciiy,srato,ZIP+a "1v Andover, MA 01845 cfry Postal MAIL RECEIPT CERTIFIED � U.S.!.Postai service eDomestic mail Only;No Insurance Coverage Provided) (DomesticERTIFIED MAIL RECEIPT Only; m ro Cr pp°°k�k��� N7Certified ,_i�i�t!. .�� i ;:=. L E. ru Nge $ co Postage $ • c7 - eea2•�O 2 30 - ,� Return Receipt Fee Postmark rLi Certified Fee 0 (Endorsement Required) / Here Postmark rq Return Receipt FeeHere Restricted Delivery Fee O (Endorsement Required) E=l (Endorsement Required) __ _ i O Restricted Delivery Fee p Total Postage&Fees C3 (Endorsement Required) ,,.D 0 Total Postage&Fees - C3 senr ro Osgood Pond Realty Trust Sent To Street,Apt.No:; Susan Bradford 41/29 George & Joanne Peters ..... o or Po Box No. 34 Water Street a N. Andover, MA 01845 ru Street,Apt.No.; 12 Water Street CrtY•State,ZIP+4 O or PO Box No. o ciiy sieie;ziP+a ------------------N. Andover,MA 01845 -•""-""" Mam :.r rrWSW U.S.�Postal Service U.S tPostal Service PT CERTIFIED MAIL RECEIPT (Domestic Maii only;No insurance CoverajiFilrovided) .. Only; RJ ru ct3 Postage $ • �� -^� - ro 00 Postage $ 3 mn Certified Fee G•3 Postmark 1:3 ' _ Certified Fee ru Return Receipt Fee Here _ Postmark (Endorsement Required) / _, _._,..., Return Receipt Fee _ Hare _ ..-.. .-__ (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) 0 Restricted Delivery Fee - O (Endorsement Required) 0 Total Postage&F - �' t -' u _._.. ._ ZL-:_ ; Total Postage&Fees Yr / ` z-LenlT NorthEast Solvents Reclamation Corp ,a 0 = sent To Bank Boston ...........0/o Laidlaw Environmental Services-_-_ o Fleet National CC#82 ..---- rU pt.No.;0x N°- P.O. Box 210799 rue,ZIP+4 Columbia SC 29221 � °`POB°"" P.O. Box 231476 1 � City"Siate,ZiP+a "" -Hartford, CT 06123-1476 U.S.Postal service U.S.Postal Service ' CERTIFIEDWAIL RECEIPT rr (Domestic mail, PnIV No Insurance coverage P T. • 0 L 117 3 Postage $ cfl Postage $ - m co 0 Certified Fee ?•3 b_ ? m 0 Certified Fee -2• 3 nj Return Receipt Fee Postmark Postmark (Endorsement Required) Here Return Receipt Fee Here 0 (Endorsement Required) M Restricted Delivery Fee - O (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) O Total Postage&Fees L/. / / .. _.,. Total Postage&Fees .$ y .� o q22 _ Sent To .� �' MI el & Mary Ann Ramsey.. Sent To - Y..... _ .................... Daniel & Laurie Morse 40/9 Street,Apt.No.; ____ 0 or Po Box N°. 9nders Street ru Street,Apt.No.; o __________________ o or Po Box No. 82 Saunders Street r� city state.ztP+4 Ndover, MA 01845 ----------- o --- _............. ctry,state,zfP+4 N. Andover, MA 01845 :rr2001,J*:�-7,; -.'See Reverse for Instructions .. -CERTIFIED MAIL'RECEIPT p Doe ided) D-- { Postage $ •3 7 -- Lt) rgI^ _:"a r M 2.3M Certified Fee �` _-- Postage $ r - ru Return Receipt Fee Postmark m 0 (Endorsement Required) 7S Here 0 Certified Fee 2- 307` '` 0 Restricted Delivery Fee - ru Return Receipt FeePostmark O (Endorsement Required) -` O (Endorsement Required) , Here C3 Total Postage&Fees L/ L� 0 Restricted Delivery Fee -- _p �• -" -- 0 (Endorsement Require Sent To 0 O Total Postage&Fees Elm MLLL `0 eet, - t.N - ----- /4 - Sent Toru Street,Apt.No.; 200 N0 or Po Box" Richard Lentini 40/15----------------------------------City;State,Z/P+4 E. Lon ru Street,Apt.No.;028 0 or Po Box No. 56 Neck Road r, r r E:1 City,State,ZiPf-4-------------ward Hill, M A 01830 :.r rr CERTIFIED1 U %S.Postal Service if r 1CERTIFIED MAIL WtCEIPTO roiltided) urance Coverage Provided) (Domestic mail only;No insurance Coverage P (Domestic Mail only;No Ins rI J fU < r [ rl ' '.,`L�� `. _ '.i a"u. �.�e+sar, 4 &»:. i p—' 2 ! co Postage $ t 3 ' IL_ ..--._ co Postage $ .3 7 _. ...... __ ... CEICOn -� C3Certified Fee 2 ' c�: ;: m0 Certified Fee 2' 3a•'`.' Postmark Postmark :f N Return Receipt Fee 7<` Here Return Receipt Fee /. 7 /- Here (Endorsement Required) _ _ - __ � (Endorsement Required) _ Restricted Delivery Fee O Restricted Delivery Fee O (Endorsement Required) p (Endorsement Required) p Total Postage&Fees "� -' " " Total Postage&Fees �- Sent To Service Chemical Corporation Sent T--o ----Northeast Solvents Reclamation Corp No.; /o Laidlaw Environmental Services o --------------C/o Laidlaw Environmental Service•---- n Street,Apt.N Street,Apt.No.; r or PO Box No. or PO Box No. P.O. Box 11393 a P.O. Box 210799 ................... City,State,ZlP+4 SC 29211 N c;iy,"siaie;ZIP+-'a Columbia, SC 29221 Columbia, postal CERTIFIED MAIL RECEIPT U.S.Postal Se 'ice Coverage provided), CERTIFIED MAIL RECEIPT No insurance W D. (Domestic Mail Only; Er m oma- - -. ,'..t v:•sa.; :c, s.3 Spostage $ ' ? ro Postage $co co • �" _.._. _-._ -... _ m 2.30'='=_' C3 Certified Fee postmark 1�1 2 Here O Certified Fee �'"�' f1J Return Receipt Fee r• __ 7 Postmark C3 (Endorsement Required) Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee _i'c+'}:;: ; O (Endorsement Required) E:3 Restricted Delivery Fee - /� _ 0 (Endorsement Required) O Total Postage&Fees �`/ - .. 5 � p Total Postage&Fees 9� GG�� '• Sent To Andover Elm Mill Realty Trust o Town of N. An sent To ru ------------------------------------120 Main Street o Street,Apt.No•; ------------------------------------c/o Sutton Pond Limited Trust. 01845 ru Street,Apt.No.; 0 or PO Box No. N Andover,MA o or PO Bax No. 200 N. Main Street City,State,ZIP+4City,State,ZiP+---------------E. Longmeadow, MA 01028 IPS�Form :112001 �See Reverse for Instructions Postal U.S.Postal Service I •• ic il I • - • • Cov .. • •-. • ru A Ul ` ire aL �,r _< r ,;.: [•_ 3 - E: _: -._ __.._ 3 r P - ostage $ 1 ca Postage $ f ! C3Certified Fee 2 30,'_' m 2• ___ X Certified Fee ru Return Receipt Fee !, ! )"�: Postmark Postmark (Endorsement Required) - Here Return Receipt Fee I, 7 ` Here p _._._.... ....._...__ Endorsement Required) __._ ._ .._._.. Restricted Delivery Fee 0 Restricted Delivery Fee r. O (Endorsement Required) M (Endorsement Required) C3 Total Postage&Fees y �� -- - Total Postage&Fees $ �r '-' '-` "— Sent To Eugene& Catherine Willis Sent To Kenneth&Irene Sousa ru Street,Apt.N. 76 Boston Hill Road Street,Apt.No.; 96 Saunders Street � or PO Box No. � ctt, staie;Zla;"a"" " `N. Andover MA 01845 p or PO Box No. --- o 4"-"--"-"--"-"""'---"N. Andover,MA 01845----- �PS Form :11 January 2001,; :11 11 (DomesticU.S.Postal'Service CERTIFIED MAIL RECEIPT., Only; No Insurance CoverageProvided) Postal Servicey C ERTIFIED MAIL RECEIPT ;]• 1 I• Only, • insurance Coverage • • • r %"_ - - Postage $ cJ ', a ;= I.U 7 } Certified Fee 23 ()-'3;""' -� I Postmark co Postage $ 3 2` Return Receipt Fee �] Hem tU CS I (Endorsement Required) 1 ` ` `D Certified Fee I M ] Restricted Delivery FeePostmark ] (Endorsement Required) r9 Return Receipt Fee., ;^_.;-' (Endorsement Required) 1 ,75 ^ Here ] Total Postage&Fees �. T�. "- ORestricted Delivery Fee `r" <;_ ] Sent To / 1 O (Endorsement Required) ] A1^ . c) 80-5 p Total Postage RFees i�Y--`----- ----- L?sdJJJ___111444"`SSS111 T / L Sheet,Apt.No.; ' 1 Sent To PO Box No. J� _ :._.._ 1-x_1 S TD O - li'_ City,Stete,ZIP+4 o V ,g y �, Street,Apt.No.; _ .4- _- < C3 or PO Box No. = ' City,State,ZIP+4 i September 21,2011 Bruce Raider, Property Manager 100 Corporate Place, Suite 302 Peabody, MA 01960 Board of Trustees of the Sutton Pond Condominium Trust Regarding: Sutton Pond 14 1� �a 'j C After inspection of the parking lot and meeting with William Good,Trustee, in regard to eliminating handy-capped parking space from 7 spaces to 6 spaces within a parking lot with 281 spaces would not be allowed per 521 CMR,Architectural Access Board,and Section 23.2.1 because 7 handy-capped spaces are required. You may appeal to Access Board for a variance to reduce from 7 to 6 spaces. Please contact my office for the documents to appeal to Board of Appeals,Architectural Access Board. Thank you, Gerald Brown, Building Inspector i I x all Sv'��aid ParD Ci,vDo _ 140 14A+w 6J A ?*P $,Q0 wiv ' Jv�T' Ad ,�2GlSlO/✓ ?�v /yDv� D��'� i IW cP N\F MELVIN L. WEINER x-16' S'cP ?6q.75 hvv- S'TE1 F-,NS/ Q 5336, BRA DSTRI.ET . i COOLIDGE 1 N� I KITTRDGE - �c - .��/• - 523 322 S26 `Y .32 23 S2j 426 `-•? 230 436 c4 S2 129 i a37 I 229 326 43p FOS R ; 438 327 536 1Ii /// 329 533 531 104 539 540 Zzz: 541 S43 � . • Q� � ~ � Hry � v, �' H ^'i ,y� 544 I / OSGOOD ' ,, a.: Sas N v 442 443 / ~ 444 445 339 COMMONWEALTH OF MASSACHUSETTS tl� !/ TOWN OF: NORTH ANDOVER �f _ SYSTEM PUMPING REPORT 7 ACTION KING ENTERPRISES, INC REPORT FOR THE MONTH OF SEPTEMBER 2011 Y - -- CONTENTS CONDITION OF DATENAME _ ADDRESS_ GAL TYPE TRANSFERRED TO SYSTEM 9/7/2011 PAUL PIEROG 1000 TURNPIKE ST 1,000 SEPTIC LOWELL WWTP 9/15/2011 SUTTON POND 148 MAIN ST 1,000 SEPTIC LOWELL WWTP ---_-___ �f� 401 7r, 1 7 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT COMMONWEALTH OF MASSACHUSETTS_ t/ TOWN OF: NORTH ANDOVER_ _ SYSTEM PUMPING REPORT ACTION KING7 ENTERPRISES,INC REPORT FOR THE MONTH OF SEPTEMBER 2011 Y CONTENTS CONDITION OF _DATE NAME ADDRESS GAL TYPE TRANSFERRED TO _SYSTEM 9/7/2011 PAUL PIEROG 1000 TURNPIKE ST 1,000 SEPTIC LOWELL WWTP _ 9/15/2011 SUTTON POND 148 MAIN ST 1,000 SEPTIC LOWELL WWTP TOWN OF NORTH ANDOVER HEALTH DEPARTMENT ACTION4ONG ENTERPRISES, INC. 26 Livingston Street COMMONWEALTH OF MASSACHUSETTS MA 918SO TOWN OF: NORTH ANDOVER - _--- ---------- --- -------- --------� -- -----� --- ---I---�- ---�------ - -1--- - - SYSTEM PUMPING REPORT ACTION KING ENTERPRISES,INC REPORT FOR THE MONTH OF NOVEMBER 2010 CONTENTS CONDITION OF _ DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM _ 11/15/2010 SUTTON POND 148 MAIN STREET _1,000 SEPTIC LOWELL WWTP 11/18/2010 MERRIMACK COLLEGE 315 TURNPIKE STREET 8,000 SEPTIC LOWELL WWTP 11/24/2010 MERRIMACK COLLEGE 315 TURNPIKE STREET 3,000 GREASE CORRENCO -- - - -- ---- - -� GO�o-- - -- ---- --- --- --- ---- TOWN OP NORTH-A OVER- __ _ _ HEALTH DEPART EN ACTION-MNG ENTERPRISES, INC. 26 f ivihiddii tiredf Lowell, MA 01952 COMMONWEALTH OF MASSACHUSETTS _ _---_ _ TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT —� RECEIVED –-T ---- — ACTION KING ENTERPRISES,INC REPORT FOR THE MONTH OF:JULY 2009 AUG 1 1 2009 - - - CONTENTS CONDITION OF TOWN OF NORTH ANDOVER DATE NAME _ADDRESS GAL TYPE TRANSFERRED TO SYSTEM HEALTH DEPARTMENT 7/15/2009 JOE FISH1120 OSGOOD STREET 2,250 GREASE CORRENCO 7/16/2009THE LOFT RESTAURANT 1140 OSGOOD STREET 4,500 GREASE CORRENCO 7/28/2009 SUTTON POND 148 MAIN ST 500 SEPTIC LOWELL WWTP ACTION-KING ENTERPRISES, INC. 26 Livingston Street Ewell; MA 83852 COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT -� r ACTION KING ENTERPRISES INC - _ REPORT FOR THE MONTH OF: DEC2007 -- --- 121/2007 CONTENTS CONDITION OF DATE NAME A_DDRES GAL TYPE TRANSFERRED TO SYSTEM SUTTON POND MAIN STREET 1,000 SEPTIC iLOWELL WWTP IAN J 200 --- - -- -- -- J 1 /13/2007;SOLO CUP 351 HOLT ROAD 1,000 SEPTIC !LOWELL_W_W_TP _ R /.1 - 2/28/2007 MERRIMACK COLLEGE 315 TURNPIKE STREET 9,500'GREASE CORRENCO NORTH ANDD _ - XdK C -- - N OF A NT --- - ---- DEPAR TOHEALTH Th - — - - J CPT®*Code 90734 *Menactra- -CPT is a registered trademark Meningococcal of the American Medical Association. (Groups A,C,Yand W-735) PolysacchondeDiphtheria MKT9872 t ToxoidConjugateVaccine f 4PER. '11�V � CHARLES A. PERKINS,JR.* ROBERT W.ANCTIL* ATTORNEYS AT 1,A\-V 73 Princeton Street,Suite 306 GARY M.DADDARIO North Chelmsford,Massachusetts 01863-1558 SCOTT C.OWENS (978)251-8509•(800)642-4906 ANITA L.ChWllLARSKI (978)251-3608 Fax• (978)251-3859 Real Estate Fax '"'"i Opera"""` www.perkinslawpc.com nlso ndmiucd in N.H. January 26, 2007 VIA CERTIFIED-#7005 1820 0004 7834 5235 AND FIRST CLASS MAIL Gregory Smith,Trustee of Stone Mill Realty Trust GSD Associates 148 Main Street,Building A North Andover,MA 01845 RE: NOTICE OF BREACH OF AGREEMENT RECEIVED Installation of Gould Non-Clog Sewer Ejector Pump, Model qo. 3883BHF JAN 2 9 2007 Gregory Smith,Trustee of Stone Mill Realty Trust, Claimant Trustees, Sutton Pond Condominium Trust, Respondents TOWN OF NORTH ANDOVER American Arbitration Association No.: 11-110E0140-05 HEALTH DEPARTMENT Dear Mr. Smith: This letter will acknowledge receipt of materials which you have provided the Condominium Association, and notably not to our office, regarding the above matter. We have enclosed a copy of our July 13, 2006 correspondence which sets forth the Board's position in this matter. To the extent that you are suffering any damages, they are as a result of your continued breach of the underlying arbitrator's decision and the Board of Trustees' offer to comply with the same. If you have any further questions,please do not hesitate to contact me. Very truly ours Irc (� ��Serkins,Jr. CAP/sma Enclosure cc: Sutton Pond Condominium Trust Susan, Sawyer,Health Director Eugene P. Willis,PE,Director of Engineering,North Andover Department of Public Works Peter Kutubes, Esquire 1 PERKINS & ANCTIL, P.C. ATTORNEYS AT LAWS t < is 73 PRINCETON STREET,SUITE 306J 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 A_PERKINS,.IR.' GARY M.DADDARIO ROBERT W.ANCTIL" ___------ SCOTT C.O W EN S ANITA L.CHMILARSKI DIRECTOR OF OPERATIONS *ALSO ADMITTED IN NH July 13, 2006 VIA CERTIFIED - #7004 2510 0000 3179 5792 AND FIRST CLASS MAIL Gregory Smith, Trustee of Stone Mill Realty Trust GSD Associates 148 Main Street, Building A RECEIVED North Andover, MA 01845 JAN 2 9 2007 RE: NOTICE OF BREACH OF AGREEMENT Installation of Gould Non-ClogSewer Ejector Pum Mode ?f WN LT NORTH ANDOVER .l P� 4?CALTH DEPARTMENT 3883BHF Gregory Smith, Trustee of Stone Mill Realty Trust, Claimant Trustees, Sutton Pond Condominium Trust, Respondents American Arbitration Association No.: 11-1 I OE0140-05 Dear Mr. Smith: This letter will acknowledge receipt of your correspondence dated June 1, 2006. We have enclosed a copy of our correspondence dated May 26, 2006. The Board of Trustees, pursuant to this correspondence, stands ready, willing and able to undertake the installation of the Gould Non-Clog Sewer Ejector Pump, Model No. 3883BHF in accordance with our correspondence and the Arbitrator's Decisions in this matter. Nevertheless, you have prevented the Board from undertaking the same. Therefore, we will consider that you are in breach of the agreement and in violation of the Arbitrator's Decision. From this point forward, the Board will take no further actions regarding this matter until such a time that you make your unit available to undertake the work in accordance with the Arbitrator's Decision as outlined in our correspondence of May 26, 2006. If you elect to comply with the Arbitrator's Decision, we will cause the property to be inspected and you will be responsible for any additional damages incurred as a result of your breach. In addition, you will be required to pay this amount prior to the Association undertaking the above work. Please note the Board will also take no further actions regarding the maintenance, repair and replacement of the system as you have prevented the Board from undertaking the actions set forth hereunder. Gregory P. Smith, Trustee of Stone Mill Realty Trust Page 2 July 13, 2006 Further, and notwithstanding the above, please note that the Board will afford you an additional thirty (30) day period of time to comply with the Arbitrator's Decision and allow the Association to install the pump in accordance with our past correspondence. Please note that after said time period, the pumps which have been purchased by the Association will be returned to stock and in the event you decide to comply at some point in the future, in addition to all the costs set forth above, any the restocking cost will be charged to you and will be required to be paid in advance. Please note the Board reserves their right to reject your request for the Board to go forward on this project based upon the amount of time which you have waited to comply with the same. Please note that the Board will commence constructing the parking slot, to be utilized in accordance with the original Decision by the Superior Court, and pursuant to the Arbitrator's Decision within two (2) weeks from the date f this correspondence. Very tru yours, arl A. Perkins, Jr. CAP/sma Enclosure cc: Sutton Pond Condominium Trust Susan, Sawyer, Health Director Eugene P. Willis, PE, Director of Engineering, North Andover Department of Public Works PERKINS & ANCTIL, P.C. ATTORNEYS AT LAW 73 PRINCETON STREET.SUITE 306 " NORTH CHELMSFORD,MASSACHUSETTS 01863-1558 L TELEPHONE(978)251-8509•(800)642-4906 O FAX(978)251-3608 REAL ESTATE FAX(978)'_51-3859 w ww.perkinslawpr.com CHARLES A. PF.RKINS.JR• GARY M.DADDARIO ROBERT W.ANCTIL• SCOTT C.OWENS ANITA L CHMILARSKI DIRECTOR OF OPERATIONS *ALSO.ADMITTED IN NH May 26, 2006 VIA CERTIFIED -#7005 1820 0004 7834 5037 AND FIRST CLASS MAIL Gregory Smith, Trustee of Stone Mill Realty Trust GSD Associates 148 Main Street, Building A North Andover, MA 01845 RE: Installation of Gould Non-Clog Sewer Ejector Pump, Model No. 3883BHF Gregory Smith, Trustee of Stone Mill Realty Trust, Claimant Trustees, Sutton Pond Condominium Trust, Respondents American Arbitration Association No.: 1 1-I lOE0140-05 Dear Mr. Smith: This letter shall constitute notice that the Gould Non-Clog Sewer Ejector Pump shall be installed. The installation shall be pursuant to the Arbitration Order, Paragraph 1 thereof. We have enclosed hereunder, permission from Eugene P. Willis, P.E., Director of Engineering at North Andover Department of Public Works along with permission from the Board of Health to undertake the work set forth herein. In addition, we have enclosed a copy of the terms from United Compressor and Pump Services as well as Certificate of Insurance. As we have indicated in the past, we will require access to your unit for electrical work and we will expect that this will be provided in a reasonable manner. Please provide us with a date during the week of June 5, 2006 and/or June 12, 2006 for the installation of this system and access to your unit. We would appreciate you providing the same within seventy-two (72) hours from the date of this correspondence. If we do not hear from you within the above time period, United Pump and Compressor Services and the electrician will be on-site to commence the work on June 15, 2006 at 8:00 a.m. V Gregory Smith, Trustee of Stone Mill Realty Trust Page 2 May 26, 2006 Thank you in advance for your courtesy and cooperatio . Very rely y urs, i C es A. Perkins, Jr. CAP/sma Enclosures cc: Sutton Pond Condominium Trust i May 12 06 01 ; 53p United Comp Pump 603 552 5867 P - 1 United Compressor & Pump Services Inc. 13 Delaware Drive Unit 92 Salem, NH 03079 Tel: 978.685-0806 NH: 603.552-5885 Fax: 603-552-5867 www.blll(O-unitedadm corn November 29. 2005 To: Matt Dykeman Essex Management Fax: 978-687-8640 Subject: Granite Building sewage pumping station replacement pumps proposed by United Compressor and Pump. Two new Gould's submersible pumps # W012BHF. 2 horsepower @ 230-volt single phase, 3" discharge: $1300.00 ea. Plus shipping and Massachusetts state sales tax. Installation of pumps to include new 3" check valves, disposal of old equipment, testing and wr ttten repo s on operation. and $1000.00. New high-water alarm includes buzzer alarm and warning light: $190.00 Plus shipping and Massachusetts state sales tax. Installation of alarm to include all wiring and testing. $300.00. New upsized control panel to handle (2)-two horsepower pumps. Includes alternators, HOA, starters/contactors, wired to run one pump at a time. $1200.00 plus Massachusetts sales tax. Install labor for new control panel to include wiring of pumps and testing. $800.00. Does not include your electrician to wire in supply electrical. That's it Matt, brand new systems installed into new building. Let me know. Please call if you need anything else. Thank You Bill Dufton /'/✓. r7�C.-= _. !Zc-Z f�� /�yp t L. i� .tom �_ - ''-� �✓ 7 Lam. ) v :a 1� GLC G / C %-4��G-Cd vti S �•�'I/ 2� C'_1^1 U ♦� /.�C.J:..--�j .•! �// TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 .1. WILLIAM HMURCIAK, DIRECTOR, P.E. Et ene P. Willie P.E NoerM Direc7a nrEngineeri,��� :°�';` �;''��c lc lc�;in�ne (y,'8) 6R5-0950 Fax (978) ()88-95,73 p May 12, 2006 '� F 1SSACMU`+E4 Re: sewage ejector pumps at 148 Main St. Bldg A To Whom It May Concern: We have been asked to review a sewage ejector design from Norfolk Ram Group, Plymouth MA. for the above referenced location. The pumps in question will be privately owned and maintained and therefore not within the scope of our department's jurisdiction for review. The sewage delivered to our system must arrive in an aerobic condition. There must be an absence of noticeable amounts of sulfides upon entering our sewer system. This is accomplished by making sure the force main is flushed before the sewage contained in it can go septic. g WI .E. ering North Andover Dept. Public Works May 26 2006 12: 48PM HP LASERJET FAX 1 -978-687-8640 p . 2 FROM :M.P. Robert S Insurance FAX ND. :19786833147 May, 26 20[06 09:358^1 P2 OATSPIII OWV,q ArQBQ. CERTIFICATE OF LIABILITY INSURANCE 'ASIA THIS CSRTIFIGATO It GAU90 AS A NATTER OF INFORMATION K ROsaws ZN$VRA cz AGZNCY ZNC. ONLY AIS CONFERS NO RIOHTII UPON THE CERTIFICATE HOLDER TNIS C10MCATE DOES NOT ASISNO, EMNO OR load 080000 STRUT ALTER THE COVERAOS A"ORDlD Or THE POLICIES •CLOMP. NORTH ANDOM MA 01845 678-6A3-8Q73,. PIPPAERS AFFORDING COVRRAOE NAMM IuwRlD _... DAVID 3=21RICAIA CONTPACTING Imwm A: _,NQA/'C1LK i D6DHAM. DAVID HAO(r A .r/I,uA/I NOR i ,DlDNAM 56 IBLM D!=ZT IAWRENCS, Nh 01860 Mu"A D NORFOLK i..DED9A>K .nolo a. COVERAGE! THE POL ICIRS OF INIURAME LISTED BELOW 14AVE 111ZN 08VED TO TWO PAUMD MIUAED AIM FOR T1I0 POUCV PZIWJD NOICATED.NOTWITNISTAND WO ANV moomENow,TBAm OR COMORIOIII or ANI' CONTRACT OR OTHCR OFJI UM[1W WRIT RE/PECT TO WHOM TME CERTIFICATE MAY K 133LMD OR MAY PERTAII,TME INSURAN t AFFOROSIO BY M POLICICB DSGCAMC HEIICIN•iIAJFCT TO ALL THE TtRMS,EIIBIII/IDNI/AND CANDITNA A OF SUCH FOUOCI.AGORECATE Lk*Ts INOVIM MAY HAVE BEEN RSDU=/Y PAID CLAIMR t ►OOOV NLMO[R r0 1R�.ICr y1nI1AT10N LIMIT[ tN!MItLL LIAt1uTr 40N OORIM/IRE / .7/_(.M0 Tl GD�w/RcwtlN[Itr.b5-1 wltln rpfrtsw�� iwf f 1Q0 000 DL - INI/IIAM 1 1 acuR wilawtv"S"/ATpN t 5.000 , A 80618167A 3/1/06 3/1/07 KAG"'AA17mluTr _ __. / )LOOO, 000 OtMtAAt YttlO•Tt i I QOO.. 0/NT.AQOMOATL'UWT WI%i/mm: orwOUCfl•OIIMTYOPACt / 2,,Q /AI.^ PRO, Loc AUTOMG/W LIAtERr ANNAVTO let NiallLI� / 1.0001000 t001lrIKMIV / axaA.c Aartw P•rMAW 8 X_ "www" RL6101673 3/1/06 3/1/07 toalLrrA+utr NONOY"GAVTOO lr• n"/J L rtor7RTr w1lnaE S (Mwmr.rswlg OINR[IYt1.ITT AYf09wLT•MA ANT CCIGWI / Awin .. . ._._..___..._ k� OTM WIVIAN LAACO /.... .. ....... AVTOONLT: A6 / 9wt 1"MM E%LLjL um;rl OT%•><meriCE / 0 .Y.A C DO.. DODUR CLAU2MADE .G011LOATt.. / 1,000,000 UNDGIBI87C 3/1/06 3/1/06 _.._ D AYTtM►gN 1 wausMnaoww•Twn►no ►ai1►IIN!t . IALLML wrLawtr Lwnnr .Vr raA>riac.AArAmt~0siONNI 1X060436A 3/1/06 3/1/06 /•I.tAE1tAVL1UCNT / __ 00 f000 A 'w.Aanrn uAwwlAr c ac Ws•M tMR►LOrtt / Irr�1.AA+wc.rMAI .. _._ /f=WL MOrrDAOnIN. l.l.DrJ1A/!•rOIMV 4MT / 300.0 OT1'R 1991UPTONOF OMMATIOWLL•LA•"&/V104CLU IRWA.I010/ADOiDt/CJ.DO11tG1[MT/trCl1A1.1'ROVItOM/ MTFICATQ HOLDER GANCSLLATION "0"ANV OPTHE ABOVE 0110Rt F40 Olt tI CAMILLLLO BIPM TK[cFIRATION lIUILDXNQ 71 11A BTRE=T DATE IMEAEOP,THE IRwNC IAMIARM WILL.NO/AV011 TO MAIL 10 OAra WkIITEN IDIG NORTH ANDOVER, UK 01845 n11'"m I"rnc.yJITIFICATt NOU411 wwo 10 TM1 Lt►r,BUT rA.Lvo TO go 30 z0ftL won No GeLCAT1ON OR LIAMITY O/ANr RING WtiN THE M~.as Af>rTRt on 11silit" tTA •urnouteo= ORD=sl>1001ro1) OACOND CORPORATION 1981 MFay 26 2006 12: 46PM HP LRSERJET FAX 1 -978-687-8640 P . 3 05/23/2008 TUE 16:09 FAX 804 6383 CROtiM•,d. GERVINO INS faI001 Sa CERTIFICATE OF LIABILITY INSURANCE 05/23/2006 ►MDUCIR (60I)SIS-69m FAX 603)870-9444 THIS CERTIFICATE 18 If$=AS A MATTER OF INFORMATION ronin D Garvin& Insurance ONLY AND CONFERS NO ROM UPOR THE CERTIFICATE 26S North Broadway NOLOGIL THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Sales, NN 03079 ALTER TME CO AFFORD SY THE P06CIES BELOW. Kathl fen F11hotte INSURER#AFFORDING COVERAGE MAIC N IN a Collpres sor unp ec rio og>rInc INIURin k Peery ass I-nsarance Coapany 13 Delalure Drive IWURIA it _. .._. Unit ill uitLRellc _............ ._._.. Salam NN 03079 INSuRM c _ INIURI91 a •-.. COVERAGES T11E POLICIES OF 9MRANCE LISTED BELOW HAVE BEEN I88UED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATAO.NOTMT1,4TAXI)ING ANY REQUM1DMENT•TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W TM RESPlCT TO VM CH THIS CERTIFWATE MAY BE ISSUED OR MAY FMAIN.THEINSURANCE AFFORDED BY THE POLI0180 DE#ORIBED HEREIN IS SUBJECT TO ALL TNR 79".EXCLYSIONB AND CONDITIONS DF 81.104 POLICIEM.AGGREGATE LIMITS SHDWN NAY HAVE BEEN REDUCED BY PAID CAMS. 7YPE OP wS11MNCe POLICY MIMaIR PO T r eIPI N LISIITS 1m7"POL IZOL,Li#AIUTY COP9613793 04/16/2006 04/16/2007 eAcl+oCCURR&CE 1 1000 0 COMMORCIAL OANGAAL LIASILRY INCLWE S BLANKET DAMAGE� m MM1 LOO.0 Cajun Mum OX DD ocmw AITIONAL INSURED mmw 1mr ac Pmw;) 1 S 0 COVERAGE WHEN PERIOMALSAOvu11UIRY 1 1,000,0001REQUIRED BY A OFNGRALADORCGATE 1 2 00,0001 OLAODN[aAreLOW APPI45106A; WRITTTN CONTRACT PRODUCTS-COMPAOPAOG 1 ExcludeICY 78r7wc -. AYT011090 LIAaLRY BABIlSO96 04/16/2006 04 6/2007 � 6iMKI LINT ANL AMCs 1,000J00 AtLowrE0ALR01 A X SD+DOULM)AUM IO�OL w ��1I AURY i �P X 40KC ANTOS X MON�MBEI AUTOS iP.OOLY"JURYpS X Coop ded S500 Ix COOP Dow 500 PRDrcRf,•DAe.,ce 1 sPM IOFISN) UARA SLY06M AUTO ONLY.&AAMMNT i ANN•ALITO OTHER THAN EA ACC S AUTOOALr A00 s 4AOMeM MMMSLLALUNurY CUS941034 04/16/Z006 04/16/2007 6AC O=uRRCNp¢ s 2 OOD.00 01 CUR U MOM MADE AOOR�iAf6 s 21000.0 eMtloN s iQ, K9713B48 04/16/200604/16/Z007 X " �Mw m►+� 6cunvi i.FACH A=im'r _ s 1.000 000 [.L O SI AK.6A 6MIPLQY Ii 1 000 00 L:W s"Or c.L OGLM c_POLICY UArr I ! 000 DO 01MtR ��c�rro Olr I I Lq�AT1 / I I�CLUIIONS >�fp!r FNDORj6MRNiI(PjE{AL py,pyylDl(�_ niton: �41 Rayn 5[reet, eiit Id,ng A, >uTLa+ Dona. nQrjn Andover I7A E NCELLATION SNOUW ANY OF THRABDYI OeeCRaND POLICIES ee CAML711LIDSILMRe"It WFIRATION DATE WRAM,TM IilUINO SOURpt WILL mOUVOR 70 PAIL Shamwt Property Mlanagement -10 DAYS NIA111100WTICS TO TWK C4WgVmCATS NDLOIR NWID To THE Lair, Attn: Nott Dykealon BUT FALURI TO MAL aUCN Nonce SHALL WeSS NO 0961GATIOR ON LIABILITY 733 Turnpike St.. ozziL 010001YNASOUPDHthethe AarHTBoRRCPAA><rMTATNp. North Andover, NA 01845 AUfA0R1EEpRt► A=RE 2B(2001/081 FAX: C9701597-8640 4DACORD CORPORATION IBM . • eTIA NCERTIFIED RECEIPT O (Domestic Only; Ln M t• ti ) yrs a,: co Postage $ C3 Certified Fee C3 0 Return Receipt Fee Postmark (Endorsement Required) Here E3 Restricted Delivery ired)Fee rU (Endorsement Requ Total Postage&Fees Ln —� O Sent To O Sr- �. .No.: • 7a No. Crp. ,rate. :. qW COMPLETE ■ Complete Items 1,2,and 3.Also complete A. Si item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse 0 Agent so that we can return the card to you. 0 Addmasee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name or on the front if 1 C. Date of Delivery space permits. 1. Article Addressed to: D. Is delivery address different from item 19 ❑Yes �. ` If YES,enter delivery address below: 0 No 3. Service Type Ic t + r� t�c, -tgZertified Mail ❑ExPMU Mail 0 Registered B'Astum Receipt for Merchandigg ❑Insured Mail O C.O.D. 2. Article Number 4. Restricted Delivery?(Exna Fee) 0 Yes Mansfer born service fabeq 7005 1820 0004 7834 5037 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-150 i u COMPLETECOMPLETE • ■ Complete items 1,2,and 3.Also complete A. SI Murk item 4 if Restricted Delivery is desired. [3 Agent ■ Print your name and address on the reverse [3 Addressee so that we can return the card to you. q Iv by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ray tu 3. Ice T YPe A5,9ertmed Mail ❑Express Mail ❑Registered �etum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?F-vtra Fee) ❑Yes 2. Article Number 7004 2 510 0000 317 9 5792 (rmnsfer from service labeo PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Postal rU L7' CERTIFIED MAIL,. RECEIPT tti (Domestic Mail Only; Provided) Ln 1 M Postage $ O C3 Certified Fee C3 Postmark C3 Return Receipt Fee Here (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Requirod) u') rU 7otai Postage&Fees $ S C3 e t To O c f- �7 ----------------------------------- 3'iPO Apt N.; or PO Box No. -- --------------------------------------------------------------------•---- City;State,Z?'+4 'See Reverse for Instruct-ions :,i �i F� tL m A�1a5 June 1, 2006 RECEIVED Mr. Charles A. Perkins, Jr. JUN — S 2006 Perkins &Anctil, P.C. 73 Princeton Street, Suite 306 TOWN OF NORTH ANDOVER North Chelmsford, MA 01863-1558 HEALTH DEPARTMENT RE: Letter from Perkins &Anctil, dated May 26, 2006 regarding Installation of Gould Non-Clog Ejector Pump Gregory Smith, Trustee of Stone Mill Realty Trust, Claimant Trustees, Sutton Pond Condominium Trust, Respondents American Arbitration Associates No.: 11-110EO140-05 Dear Mr. Perkins: I have received your letter dated May 26, 2006 regarding your request for installation of the sewer ejector pump. However, the proposed outline is not in compliance with the Arbitrators rulings as we have outlined in previous documents including our February 16, 2006 letter to your office. This May 26, 2006 proposal is not complete or in compliance with the Arbitrators most recent response of May 12, 2006 requiring full compliance with his earlier orders. The Town letter from Mr. Eugene Willis references a sewage ejector Design from Norfolk Ram Group which is not included in the letter. We can only assume this to be the most current design proposed from Norfolk Ram which was not adequate. This installation proposed is not acceptable and is rejected. Furthermore, this proposal is also not in compliance with the letter from the town planner Lincoln Daley. The submission is not in compliance with the Settlement Agreement that required Stone Mill's Review and approval. Stone Mill has not approved the installation proposed in your May 26, 2006 letter due to the incomplete and incorrect information provided. As you are also aware, the Arbitrator required "The wet well is to be in accordance with the manufacturer's recommendations, State Plumbing Code and Title 5 Regulations." As of the last submission from the Ram Group, their design maintained the existing undersized wet well and it did not meet the requirements of the manufacturer, and it improperly and arbitrarily modified the sewage flow rates. The pump design is required to be coordinated with our office; however, as of this date none of the sewer pump design engineers have contacted our office or our design review engineers to obtain any design criteria or information. This installation has to be coordinated with our office as required by the Arbitrator. Furthermore you state that there is a need to upgrade the electric service, however, we have not been notified of the specific work required nor have we been provided with the engineering calculations for this proposed upgrade. This proposal dated May 26"' 2006 is rejected until such time as all of the requirements of the Arbitrator and the settlement agreement are made. The attempt to unilaterally control the installation of this system for our building without a proper design and our approval or of the system and is in violation of the requirements of the Arbitrator and the Settlement Agreement. r Mr. Charles A. Perkins, Jr. June 1, 2006, Page 2 At this point, your letter is rejected and all requests to begin work on the installation of the above referenced system are denied until all of our concerns are answered and a system design that is in compliance with the arbitration requirement and the pump manufacturers'recommendations and code are met. Please provide a fully engineered system meeting the requirements as outlined in our previous documents related to this matter by June 12th. Failure to provide a complete design in compliance with these requirements will constitute a breach of contract and we will pursue all available options available to us at that time. Please also re submit insurance certificates listing Stone Mill Realty, and GSD Associates, LLC. 148 Main Street, Building A, North Andover, MA 01845 as additional Insured. Sincerely, Stone Mill Realty Trust 9-�Vffk Gregory h Trustee Cc: Susan Sawyer:North Andover Board of Health Eugene P. Willis North Andover Dept. of Public Works Linda M. VanDeVoorde - _ -_._-_ __ — _— — —- -_ __ _._ - - - ----'�..�-......-_—,cam--,�...--��.�.�. ..�_.,•,���._� 1--�._._-_.��- . — —.—_—_ --i _. __.�: 1dtAt�l�lm!k3£iifliol�iUMtplp£ —='�� GSD AssociatesMl 'Lk� 1.48 Main Street, Building A, North Andover MA 01845 . Computer Aided Design •Architecture 141,44. 0<:E .4 L Planning • Interiors • Development Consulting 31.RN,i ZOWX5 • - f FIs 1 ogv Ao nova., MA Town of North Andover WTI# Office of the Zoning Board of Appeals o Community Development and Services Division 27 Charles Street •� ''' North Andover,Massachusetts 01845 c„o, ' D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 149A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&Decemberl0, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square,P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 1 TYPING DATE:June 14,2004 The North Andover Board of Appeals held a public hearing at its regular meeting qp Tuesday,June 8,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,300 Brickstone Square,P.O. Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F.Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P.McIntyre and 2nd by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision2002-050. MON. U !J Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals F: •''���'' °°� Community Development and Services Division 27 Charles Street " °+ •----. -'' North Andover,Massachusetts 01845C,;t,se�' D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&December10, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square;P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 TYPING DATE:June 14,2004 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 Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,•300 Brickstone Square,P.O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P. McIntyre and 2°d by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 'I requested the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision2002-050. M40P4. `= j T r, -f_ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f NORTH Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " -•-• North Andover, Massachusetts 01845 CHet`y AU`� D. Robert Nicetta. Telephone (978)688-9541. Building Commissioner Fax (978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: TOWN: �OY Avid over MEETING DATE(S): 2 P1 //T,�a d-3 NAME OF PETITIONER Signed: w - Petitioner ( etitioner's epresentative) OD ornoC7 rT-1 WAIVER Ln Min � DLG PcOJUX-A ALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-935 BOARD OF APPF-ALS Town of North Andover °4 NORTH Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ° • North Andover,Massachusetts 01845 tssac►sUS D. Robert Nicetta Telephone(978)688-9541 Bid1ding Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: y Yl qtr D r FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: '; DATE: t V— 0 SUBJECT: �Z vti VV �(A REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 �! w '.a r•. r _� `"� �� _,, ,moi � Ire'! '�[ry. �°� '.a e� Town of North Andover NaRrk Office of the Zoning Board of Appeals p T4tD PQM Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 CHU$ D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION I TO: f i4. E + itEv► �� C>ng FAX NUMBER: !7 i' 70 ` Ob- I q FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: I DATE: P— L- SUBJECT: Q� V 2 1J+1I Wl 1(2-. t CD'VMS j1&l -6 f' Vim► 01,0 Orp e(, REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 • r HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Nov-19-02 09:29 Last Fax Identification Result Pages Type Date Time Duration DiaLynostic 89784700618 OK 02 Sent Nov-19 09:28 00:00:38 002582030022 LZO za Town of North Andover f vtORT1t 2 oft+4eP;,°�tiOo Office of the Zoning Board of Appeals p Community Development and Services Division 27 Charles Street - > PqTfP '�` 5 North Andover, Massachusetts 01845 "SSACHUs£`t D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 Date ✓ /� ��� TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 /c Please bdadvised that I have agreed to vaave the time c�raints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: ' 4�A6,, 'atAi TOWN: /d,�g6� ,/Wr/jy/O MEETING DATE(S): 21 .2 NAME OF PET ER: �'7f' rc ! ,� Signed: C:=) - W �± Petition r (o pe ition is representative) L- z - -crnr o�cCn' WAIVER U'1 BOARD OF APP 8688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NOV 12 2002 BOARD OF APPEALS DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW 300 Brickstone Square Ninth Floor P.O.Box 39 Andover,MA 01810 Tel:978-475-9100 F=978-470-0618 October 25, 2002 Eileen O'Connor Bernal eobernal@dmb.com VIA US MAIL North Andover Zoning Board of Appeals Attn: Mitch 27 Charles Street North Andover, MA 01845 Re: 148A Main Street Greg Smith Dear Mitch: Enclosed please find labels for the abutters with regard to the above-referenced ZBA application. These labels are provided in conjunction with the notice you will send to the abutters with the ZBA's finding. Linda from Greg Smith's office will provide you with the postage directly. Thank you for your attention to the enclosed. If you have any questions with regard thereto,please do not hesitate to contact this office. Very truly yours, WJ Eileen O'Connor Bernal EOB/kmm Enclosure L, L _ uG l z 8 2002 BOARD OF APPEALS 1L:\wdox\docs\clients\13041\59266W0034902.1} Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12'b of November2002 at 7:30 PM to all parties interested in the appeal of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine, Millimet&Branch,P>A>,300 Brickstone Square,P.O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,reqHesting tt Fiftding again the Building Commissioner to obtain enforcement action under Section 10.Paragraphs 10.1 and 10.4. flPAFbCkk The said premise affected is property with frontage on the Northeast side of Main Street within the 1-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan,Chairman Published in the Eagle Tribune on October 28&November4,2002. Legalnotice 2002-050 � -70 Town of North Andover 4.{4!D .° .�. Office of the Zoning Board of AppealsA Community Development and Services Division 27 Charles Street * �> �•Y North Andover,Massachusetts 01845 Ssg�RersocH�s�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 o c_-- Py =J zE n-Ir'i co A U7 1 C7 m CD L rr 77 Cn C;: Legal Notice w � North Andover,Board of Appeals cn N Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12`s of November2002 at 7:30 PM to all parties interested in the appeal of Gregory P.Smith and Stone Mill Realty Trust;c/o Devine, Millimet&Branch,P.A., 300 Brickstone Square,P.O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10.Paragraphs 10.1 and 10.4 of the Zoning Bylaws. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan,Chairman Published in the Eagle Tribune on October 28&November4,2002. Legalnotice 2002-050 rcayr Yrce_ > O> _O�S=- E a0 a.ca �c _ ` ). o 01-a o.m�o nE d Oro_� 81= (D . o- 2:a o>ca N U) C) ' oaoaZ� CZ a � 'm® Fmyaa� „Naa � ofl-S > m :E nm¢m ZJm � cc Q) UnNmO oaa O° � �tCr-0�« c¢ aO. N > N oaioaoTmQ� mOmncN a)a) : E m oo— a)U to oavoN Nt ZIE(DZva)otom0 oo c CD 0 o Ca O tD nm > ETEa) aYwcd rnwof_m o NQoNf3 i5yoc ,o - n xaoo =a cNm ooriZroaa � ZE °' o~ o aZ mE a >Evro�aap CM— ` _ o - -0 -0 U¢ _ _ Board of Appeals 688-954.1 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 1 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Oct-17-02 03:17 PM Last 30 faxes Identification Result Pages Type Date Time Duration Diagnostic 816038930733 OK 02 Sent Oct-16 09:41A 00:00:38 002582030022 781 7562935 OK 03 Received Oct-16 11:09A 00:01:00 021502030000 815612728941 OK 04 Sent Oct-16 11:12A 00:01:37 002582030022 207 729 8414 OK 04 Received Oct-16 11:30A 00:02:57 021104230000 816172271754 OK 10 Sent Oct-16 11:41A 00:04:09 002582030022 816172271754 OK 10 Sent Oct-16 11:48A 00:03:54 002582030022 818884868823 OK 01 Sent Oct-16 12:29P 00:00:44 002582030022 9786889563 OK 01 Received Oct-16 02:51P 00:01:04 021101420000 819786822397 OK 02 Sent Oct-16 03:16P 00:00:49 002782020022 819786826473 OK 01 Sent Oct-16 03:31P 00:00:21 002180130020 89786889573 OK 03 Sent Oct-16 03:39P 00:00:52 002582030022 9784702690 OK 02 Received Oct-16 03:45P 00:00:44 021502030000 89782561565 OK 03 Sent Oct-16 03:55P 00:01:11 002582030022 603 679 8232 OK 01 Received Oct-16 05:17P 00:00:29 021502030000 508 658 8423 OK 02 Received Oct-16 08:42P 00:01:15 021101430000 OK 17 Received Oct-17 12:35A 00:12:59 021402030000 556 OK 02 Sent Oct-17 08:53A 00:00:42 002582030022 812077740264 OK 01 Sent Oct-17 10:10A 00:00:20 002582030022 816173380122 OK 02 Sent Oct-17 10:45A 00:00:37 002582030022 978 557 8633 OK 01 Received Oct-17 10:49A 00:00:38 021502030000 89786821712 OK 04 Sent Oct-17 11:31A 00:01:09 002582030022 6173380122 OK 01 Received Oct-17 12:09P 00:00:35 021502030000 819787740718 OK 03 Sent Oct-17 12:11P 00:00:55 002582030022 816035772984 OK 01 Sent Oct-17 12:34P 00:00:49 002181430020 819785262044 OK 02 Sent Oct-17 12:54P 00:01:23 002480030022 816173380122 OK 01 Sent Oct-17 01:13P 00:00:21 002582030022 9785578160 OK 01 Received Oct-17 01:37P 00:00:39 021502030000 9785268375 OK 05 Received Oct-17 02:46P 00:02:23 021506030000 89784700618 OK 02 Sent Oct-17 03:13P 00:00:32 002582030022 89786885717 OK 02 Sent Oct-17 03:15P 00:00:33 002482030022 1.2.0 2.8 C I �,�CAv Fax—Transmission TO: .E,(lLE'v% I eci FAX Number: FROM: Town of North Andover Zoning Board of Appeals PHONE: #978-688-9541 FAX: #978-688-9542 DATE: 10 — IS — 0� J SUBJECT: (e l�� e �V Y 1 A Number of pages: REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at the Lawrence Eagle- Tribune. The Lawrence Eagle Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle-Tribune's fax number is 978-686-0755. Please contact the E-T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 11] publishing deadline of at least 14 days before a hearing. The E-T needs 2 full business days before the publication date. Missed publication means that you will not be able to be placed on the ZBA agenda for the upcoming meeting. Eagle-Tribune Submission Date 1St Publication Date Meeting Date 0Jt a3 dwi oedvie,, da be-Ge SPA l0- )5 —D o1 Please be reminded that it is your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring, or fax copies of the proof of the certified mailing, to the office of the ZBA Secretary as-soon-as you have completed the mailing_ Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. faxlegal w � HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Oct-15-02 05:08 PM Last Fax Identification Result Rues Tyne Date Time Duration Diagnostic 89784700618 OK 02 Sent Oct-15 05:07P 00:00:44 002582030022 1.2.0 2.8 ` TOWN OF NORTH ANDOVER FINDING ` �" `s � �° ZONING BOARD OF APPEALS e � 3 Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals 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 incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and cost of the Party in Interest fee. Regulations and is not meant to supersede there. Items 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 attomey. In the absence of 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 shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all 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. 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 rerr6ain at the office offthe 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 fhe 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). 3 l<,.' �� .:.x ��� k 3��rk� °', �' ;:� � a.� x✓' 'w»� y,�'" � ,,,:_,. � � na, .s-y *sia ' �. �^c{+..�e t -'�€` i .ks.w i .t..k t:.::-r� .x�a„ x..Ra_r..tr„..aEr.. -S.. .,...,e_ .,:.�r.,�..,',°�=...�.,§N:S ku;..�:4Fr N, .f .,s'�Y-...•-aF.zL v3. x•=i,_ .. ,w�. 'd?.... «.,wr.,....:x.,.,���� P�.e .> r'.:i „ M.� N�� . IMPORTANT PHONE NUMBERS: CDC-) ., -� + mr:. i ca 978-688-9541 Zoning Board of Appeals Office — > 978-688-9501 Town Clerk's Office ,o CD 978-688 D 5�5�Billi j l ment x C' D o � p flL f 1 - 2002 -� BOARD-OF APPEALS Paige 2 of 4 Date&Time Stamp Application for a FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Gregory P Smith and Stone Mill Realty Trust c/o Devine, Millimet & Branch, P.A. 300 Brickstone Square, P-0- Box 39, Andm7pr MA nl81n Tp1 • (978) 475-9100 '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, c/o GSD Associates, 148 Main St. , Bldg. A, North Andover, MA ($+ yrs and c„ttnn Pend Condominium Trust c/o Charles A Perkins Jr Esa. . 73 Princgton_.__North ' ems or , MA UlbbJ Years Owned Land: 8+ years 3. Location of Property: a. Street: 148 Main Street, Bldg. A Zoning District Z- b. Assessors: Map number 0, Lot Number: 4 c. Registry of Deeds: Book Number 3840 Page Number: 33 For Condominium: Book Number 3940 Page Number: 37 4. Zoning Sections under which the petition for the Finding is made. 10. 1 and 10.4 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Finding request: The Petitioner is entitled to obtain enforcement action by the Building Commissioner ngninst, the rontinued violation of�Special Permit Condition 9(b) and 9(c) by the Sutton Pond Condominium Trust, as set forth on Additional Sheet 5 attached hereto. `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 cfted 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 additional 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 A. % B. N/A % Page 3 of 4 Application for a FINDING %.r..i'., ».1,'�,r..;�•�-srv�v.,w�_z..�..,::. _..�,..,.m�>.n.,a...�_......«., „w�:.,,.�. .zc.a ...�....«...�::.a..�'..t...>...�: _�,�.'�w':u.,. 3..4��:__.,..,M. �.. .,s...:,a .__w_...:.. ..�,.�.<..: ,.,�....,,�-., �.�,c.x:,, .�.,.•ess�i. NORTH ANDOVER ZONING BOARD OF APPEALS 6. b. Existing Lot: 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 NIA % 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 B 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. Ft. 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 *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 *Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 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 application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature .*F 2©col G2-cS1ts'', —L\* \ — Type above name (s) here Gregory P. Smith, individually and as Trustee of Stone Mill Realty Trust r •! Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing 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 opporsite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the proporety line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, an d the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) Map Parcel Name Address 40 4 Gregory Smith 148 Main Street, Stone Mill Realty Trust Bldg A. ABUTTERS PROPERTIES N. Andover, MA Map Parcel Name Address 40 9 Daniel & Laurie Morse 82 Saunders Street N. Andover, MA 01845 40 10 Michael & Mary Ann Ramsey 94 Saunders Street N. Andover, MA 01845 40 15 Richard Lentini 56 Neck Road Ward Hill, MA 01830 40 2 Cash Engery 231 Sutton Street N. Andover, MA 01845 40 4 Elm Mill Realty Trust 200 North Main Street E. Longmeadow, MA 01028 40 4 Sutton Pond Condominiums 148 Main Street N. Andover, MA 01845 40 3 Northeast Solvents Reclamation Corp P.O. Box 210799 c/o Laidlaw Environmental Service Columbia, SC 29221 40 7 Eugene & Catherine Willis 76 Boston Hill Road IN. Andover, MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSSESSORS OFFICE AND CERTIFI D BY THE ASSESSORS OFFICE BY: DATE lo SIG RE PAGE r OF Oftifie/- 4- oft Dete Bh Andover Map Parcel Name Address 40 8 Kenneth& Irene Sousa 96 Saunders Street N. Andover, MA 01845 40 14 Town of N. Andover 120 Main Street N. Andover, MA 01845 40 6 Elm Mill Realty Trust 200 N. Main Street c/o Sutton Pond Limited Trust E. Longmeadow, MA 01028 40 5 Dizzy Bridge Realty Trust 31 Moody Street Carrie & Kenneth Crouch N. Andover, MA 01845 40 12 Service Chemical Corporation P.O. Box 11393 c/o Laidlaw Environmental Services Columbia, SC 29211 41 24 McCabe Realty Trust 8 Water Street Bette Mancuso, Tr N. Andover, MA 01845 41 26 Donald & Mary Trask 18 Water Street N. Andover, MA 01845 41 33 Bank Boston Fleet National CC #82 P.O. Box 231476 Hartford, CT 06123-1476 41 25 George & Joanne Peters 12 Water Street N. Andover, MA 01845 41 27 Richard & Gail Clermont, Sr 22 Water Street N. Andover, MA 01845 41 28 Mary Ann McClure 28 Water Street N. Andover, MA 01845 41 29 Osgood Pond Realty Trust 34 Water Street Susan Bradford N. Andover, MA 01845 41 30 Brian & Marilyn Whitney 36 Water Street N. Andover, MA 01845 41 31 Anthony & Abel Mottolo P.O. Box 504 Mabel J. Mottolo Realty Trust Andover, MA 0 18 10_ Tl---32---Windle Realty Trust 46 Water Street Valerie M. Windle, Trustee N. Andover, MA 01845 41 3 NAM Partners Limited Partnership 900 Chelmsford Street,. Lowell, MA 01851 41 5 St. Gregory Armenian Apostolic Main Street Church Of the Merrimack Valley N. Andover, MA 01845 41 6 Roman Catholic Archbishop of 196 Main Street Boston N. Andover, MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSSESSORS OFFICE AND CERTIFIE -BY THE ASS SSORS OFFICE BY: DATE q ����(1 � SIGNAT RE AGE OF C.wtifie/r,4 ^f - DMe p 0nn—^r Inrfh Anrinv r L � Map Parcel Name Address 41 7 Roman Catholic Archbishop of 196 Main Street Boston N. Andover, MA 01845 41 8 Charles & Justine Breen 35 Merrimack Street N. Andover, MA 01845 41 37 Arthur& Ann Comeau 53 Water Street Susan Fontaine N. Andover, MA 01845 41 10 Richard Juknavorian 20 Mount Vernon Street Francis Shea N. Andover, MA 01845 41 11 Home Realty Trust 63 Water Street Harold J. McPhee, Trustee N. Andover, MA 01845 53 25 NAM Partners Limited Partnership 900 Chelmsford Street Lowell, MA 01851 53 11 DianeLetizio 22 West Shore Road Windham,NH 03087 54 1 NAM Partners Limited Partnership 900 Chelmsford Street Lowell, MA 01851 29 32 Whittaker Family Trust 73 Saunders Street William D. Whittaker N. Andover, MA 01845 29 34 Town Of North Andover 120 Main Street Town Offices & Fire Station N. Andover, MA 01845 29 36 Richard Lentini 56 Neck Road Ward Hill, MA 01830 29 38 Rack Realty LLC 91 Hampstead Street Methuen, MA 01844 29 31 Andover Savings Bank One Canal Plaza c/o CB Ellis/Boulos Property Mgt Portland, ME 04101 29 14 Thomas & Carolyn Barnes 76 Saunders Street N. Andover, MA 01845 29 33 George Schruender 73 Chickering Road N. Andover, MA 01845 29 35 Town of N. Andover 120 Main Street N. Andover, MA 01845 29 37 Richard & Sherrill Lentini 56 Neck Road Ward Hill, MA 01830 THIS INFORMATION WAS OBTAINED AT THE ASSSESSORS OFFICE AND CERTIFIED BY THE ASS SSORS OFFICE BY: SI NA DATE C 13 0/ 0 Z� URE PA E�_OF ®� Certified b //� 7 Date ..� O �- B rd of Assessor rth Ando er PAGE 4 OF 4 FINDING North Andover Zoning Board of Appeals 9. WRITTEN DOCUMENTATION Application for 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 (if 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 application to the Town features, plans must show detailed utilities, soils, 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. ADDITIONAL SHEET 5 Describe the Finding Request 1. This Application for a FINDING (the "Application") is brought pursuant to Massachusetts General Laws Chapter 40A and Section 10.4 of the North Andover Zoning By-Law (the `By-Law"); in particular, the Application represents an appeal taken to the Zoning Board of Appeals ("ZBA") by the Petitioner who is aggrieved by reason of his inability to obtain enforcement action from the Building Inspector, all is more fully appears below. 2. Section 10.1 of the By-Law (entitled "Enforcement") states "The North Andover Zoning By-Law shall be enforced by the North Andover Building Inspector." Pursuant to the provisions of By-Law Section 10.1, Petitioner informed the Building Inspector in writing of a violation of the By-Law consisting of failure by the owner of the land, naming the Sutton Pond Condominium Trust, to adhere to the provisions of the 1992 Special Permit allowing the creation, construction and operation of the Sutton Pond Condominium. 3. Attached to this Petition are the following four use sub-entries: (i) June 18, 2002 Complaint Letter of Devine, Millimet & Branch addressed to the Building Commissioner and Zoning Enforcement Officer; (ii) July 13, 2002 correspondence of the Building Commissioner addressed to Devine, Millimet & Branch; (iii) July 24, 2002 Complaint Letter of the Petitioner addressed to the Building Commissioner, the Director of Public Works and the Board of Health Director; and (iv) August 30, 2002 Denial Letter of the Building Commissioner addressed to the Petitioner. 4. As detailed in the Exhibits attached to the Application, the Special Permit dated December 22, 1992 and recorded with the Registry of Deeds at Book 3675, Page 220 contains the following Condition No. 9(c): "The existing pumping station adjacent to the office building will be demolished. The applicant will install an individual grinder-ejector pump to the lift station at the courtyard location." Furthermore, the Special Permit requires repair, replacement and maintenance of all utilities within Sutton Pond Condominium's common areas. 5. The Building Inspector issued a denial letter dated August 30, 2002 addressed to the Petitioner and declined to take any action as the Building Commissioner/Zoning Enforcement Officer against the matters complained in the Petitioner's July 24, 2002 Complaint Letter. 6. The Complaint of the Petitioner is fairly straight forward: the Special Permit is clear in Condition No. 9(b) and (c) as to how the sewer pumping station and collection systems were to operate, and that an individual grinder-ejector pump to the lift station at the courtyard location would be installed. The Petitioner's complaint is precisely this: 113041\59266W0033128.1) This Condition No. 9 has never been adhered to by Sutton Pond Condominium Trust or its predecessors in title. 7. The facts are that this work has never been performed, and the Petitioner has brought this matter to the attention to the Building Inspector. While it is understandable that the Building Inspector finds that there is insufficient documentation, (especially relative to the DPW's statement in its January 25, 2000 correspondence namely: "We could not find any specific records for the inspection and testing of the sewer pumping station which no serves your client's building"), the fact of the matter is that Sutton Pond Condominium Trust (and/or its predecessors in title) were to have supplied such inspection and testing and are responsible for the absence of there being any specific records with the DPW. 8. When granted, the Special Permit Granting Authority insisted by Condition No. 9 that this important public health situation regarding sewerage would be properly addressed as a pre-condition to the creation of the multi-use plan development including Petitioner's building and 188 residential condominium units. The lack of compliance by Sutton Pond Condominium Trust (and/or its predecessors in title) is in clear violation of the Special Permit, and the Petitioner by asking for the Building Inspector to enforce the By-Law, and in particular Special Permit Condition No. 9, is simply trying to have the appropriate parties (land owner and municipal bodies) carry out their respective obligations. 9. In short, the Petitioner in its Application to the ZBA is requesting that the ZBA: (i) find that the Building Inspector's decision to do nothing about the non-compliance of Sutton Pond Condominium Trust with the clear terms and conditions of the Special Permit Condition No. 9 is incorrect, and (ii) find that enforcement action should be ordered by the Building Inspector against Sutton Pond Condominium Trust to comply with the express terms and provisions of Special Permit Condition No. 9. . (13041\59266\A0033128.1) m x 6 D �-- DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW 300 Brickstone Square Ninth Floor P.O.Box 39 Andover,MA 01810 Tel:978-475-9100 Faxi978-470-0618 October 25, 2002 Eileen O'Connor Bernal eobemat@dmb.com VIA US MAIL North Andover Zoning Board of Appeals Attn: Mitch 27 Charles Street North Andover, MA 01845 Re: 148A Main Street Greg Smith Dear Mitch: Enclosed please find labels for the abutters with regard to the above-referenced ZBA application. These labels are provided in conjunction with the notice you will send to the abutters with the ZBA's finding. Linda from Greg Smith's office will provide you with the postage directly. Thank you for your attention to the enclosed. If you have any questions with regard thereto, please do not hesitate to contact this office. Very truly yours, Eileen O'Connor Bernal EOB/kmm Enclosure uG 1 2 8 2002 BOARD OF APPEALS {L:\wdox\docs\clients\13041\59266\A0034902.1} Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12''of November2002 at 7:30 PM to all parties interested in the appeal of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine, Millimet&Branch,P>A>,300 Brickstone Square,P. O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,requeoft a Finding again the Building Commissioner to obtain enforcement action under Section 10.Paragraphs 10.1 and 10.4. VZPAfixrAlk The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J.Sullivan,Chairman Published in the Eagle Tribune on October 28&November4,2002. Legalnotice 2002-050 � �ET• i+v C� �1 I IPI_ ,A�xC DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION*ATTORNEYS AT LAW Mr. Nicetta. 300 Brickstone Square June 18, 2002 Ninth Floor Page 2 P.O.Box 39 Andover,MA 01810 Ms. VanDeVoorde,their.clients and visitors,the residents and visitors of the Tel:978-475-9100Fax:978-470-0618 condominium complex, and the general public. Recently, on or about April 24, 2002,the pumps failed again causing the discharge of sewerage. Certainly,the Planning Board saw the need to replace the pumps and had the foresight to require that the pumps be replaced in their 1992 decision allowing the development of the condominium complex. Their replacement is now long overdue. Further delays by Sutton will jeopardize the public health and safety and the residents of the condominium complex. In addition to violating the special permit requirements, the discharge of raw sewage constitutes (1) a violation of the Wetlands Protection Act due to its proximity within 100' of a wetland resource area,namely Osgood Pond and its tributaries and(2) a violation of the Board of Health Regulations relating to the proper discharge and handling of sewerage waste. Request is hereby made that you order the replacement of the sewer pumps as required by the Special Permit. Please respond to this request in writing within fourteen days as required by Mass. Gen. L. Ch. 40A § 7. Thank you for your anticipated cooperation in this regard. Very truly yours, Mark J. Sampson MJS/kad Enclosures cc: Board of Health Conservation Commission Planning Board 13041\59266v.0024017.1) Town of North Andover s f Office of the Building Department o�'`�use Community Development and Services Division �Yr� 27 Charles Street , North Andover,Massachusetts 01845 D.Robert Nkefta Telephone(978)688-9545 8ttiOng Commissioner Fax(978)688.9542 August 30,2002 Mr. Gregory P. Smith,ALA GSD Associates 148 Main Street,Building"A" North Andover,MA 01845 RE: 148 Main Street,Building"A" Nath Andover,MA Dear Mr. Smith: Your correspondenm 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 J Sampson of Devine,Mllimet&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. The sewer system is under the control and supervision of the North Andover Division of Public Works. Enclosed in your compliant package is a letter dated Felruary 29,2000,addressing the pomp Problem to John A.Daley,Esquire,from J William Hmurciak,P.E.,and Director of Public Wake.Mr. Hum miak 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 encl=4 I am of the opinion that there is not sufficient documentation in either your or Attorney Sampson's correspondence to Vie,at this time,any action by the Building Commissioner/Zoning FRfir mment Officer. Pursuant to Section 10.4—VWiowes midAppeds—of the North Andover Zoning By-lawyou may appeal this decision to the Zoning Board of Appeals(ZBA)with in thirty(30)days of receipt. K I may be of further assistance please call my office at the above number. Yours truly, D.Robert Nicetta Building Commissioner/Zoning Enforcement Officer CC Heidi Griffin,Director CD&S Thomas J Urbelis,Town Counsel Enclosures: BOARD OF APPEALS 68&-9541 BUILDING 688-9545 CONSERVATION 6889530 BEALTH 688.9540 PLANNING 688-9535 TON1'N OR NOIt"1'11 ANDOVER DIVISION OF PUBLIC WORKS 384 OSCOOD STREET NORTII ANDOVER, MASSACHUSETTS 01845 J. 11711inm//murc•ink ,��O;'N,,' Telephone(978)685-0950 INI-eclol. • ' ' ''l' Fax(978) 688-9573 ACWA February 29, 2000 John A. Daly, Esquire 89 Main Street No. Andover, Mn. 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 mid testing of the sewer pumping station which now services your clients building. Since we maintained the humping station when the'Down of North Andover leased the building we are aware that the old pumping station at the Osgood Mill was modified to service only the office building. Ilowever, 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. Very tr ours, J. Wil lam I-Imurci I .E. Director of Public Works J WI I/njb J. tb�H i1C•.`1�l�`� rte, r - -.. _ :LL �^{; T} .. < - >1 tt� - w y DEVINE, MILLIMET & BRANCH /Joseph A.Millimet PROFESSIONAL ASSOCIATION*ATTORNEYS AT LAW b Retired *Richard G.Asoian June 18, 2002 300 Brickstone Square Paul C.Remus Ninth Floor Andrew D.Dunn •Mark E.Tully P.O.Box 39 David H.Barn s George R.Moore Andover,MA 01810 *Susan V.Duprey Donald E.Gardner VIA CERTIFIED MAILDaniel 1.Callaghan Tet:978-475-9100 *Frederick J.Coo b oth # 7106 45751292 3169 0657 F=978-470-0618 'Aaron •sCohen RETURN RECEIPT REQUESTED AA..Gilman Robert C.Dewhirst *Richard E.Mills Manchester,NH Newton H.Kershaw,Jr. Mr. D. Robert Nicetta Concord NH "Karon S.McGinleeyy � Steven E.Grill Building Commissioner and North Hampton,NH Ovide M.Lamontagne Thomas Quarles,Jr. Zoning Enforcement Officer Paul L.Salafia Mark T Broth 27 Charles Street +DPeter G.BeFesoorn North Andover, MA 01845 *Nicholas Forgione Eric G.Falkenham *Robert W.Lavoie Charles T.Giacopelli Camille Holton Di Croce Re: 148 Main Street A North Andover MA Mark.W.Dean Building *Mark J.Sampson./ !Jon B.Sparkman Anu R.Mullikin. Dear Mr. Nicett ,- Ronald D.Ciotti Diane Murphy Quinlan This firm represents Gregory P. Smith and Linda M. VanDeVoorde, *Melinda S.Gehris Alexander).Walker,Jr. Trustees of the Stone Mill Realty Trust. Mr. Smith and Ms. VanDeVoorde David S.Phillips Cindy Robertson own and operate an architectural firm known as GSD Associates in the rgaret A.O'Brien *Michael Dana Rosen premises at 148 Main Street, Building A(formerly known as-the Town Hall *Patrick C.McHugh Amex). P.Sherman David P.Eby Scott W.Ellison This is a request for enforcement of the North Andover Zoning Bylaw Bret D.Gifford `1 Jennifer Shea Moeckel and Special Permit Conditions pursuant to M.G.L. ch. 40A, § 7. Charles R.Powell,III 'Michael rr C *Kevin G. ollimllimoore This request for enforcement relates to Sutton's obligation to replace *Elaine M.Michaud *Daniel E.Will and maintain sewer pumps on the property as required by Condition No. 9(c) Donna M_Daneke in a Special Permit dated November 17 1992 and revised November 30 1992 *Robert J.Hundertmark Eric Kane (Exhibit A). The sewer pumps serve Building A and are located on the •P mela A.bert E.Peterson common area property of Sutton, outside of Building A as shown on the plan *Christopher J.Poulin Eileen O'Connor Bernal attached. The sewer pumps have failed repeatedly and are inadequate to serve *Matthew R.Johnson *Patricia M.McGrath the needs of Building A. h b Paul R.Kfoury,Jr. *Kenneth).Rossetti Special Permit Condition No. 9(c) states: "The existing pumping Shan,G.R.Fisames R.her station adjacent to the office building will be demolished. The applicant will Michael A.Ricker *Michael J.Kenison install an individual grinder-ejector pump to the lift station at the courtyard **Kimlberly A.Burke location." Furthermore, Sutton is required to repair, replace, and maintain all *Robert T.Ford utilities within its common areas. *William R.Bagley Jr. *Pamela N'Morales *James L.Spaur Sutton has failed to demolish the existing pump station and has failed Todd A.Sullivan Erich Y.Schultz to install new pumps to the lift station which constitute a violation of the James F.Merrill Special Permit Conditions and Zoning Bylaw. As a result of Sutton's failure to Jannette L.Mcxsney Donald Lee Smith replace the pumps, raw sewage has discharged on the ground and around the Abigail J.Sykas pump chambers threatening the health, safety and well-being of Mr. Smith and William J.Murphy Of Counsel *Admitted in Massachusetts. (13041\59266W0024017.1) DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAV Mr. Nicetta. 300 Brickstone Square June 18, 2002 Ninth Floor Page 2 P.O.Box 39 Andover,MA 01810 Ms. VanDeVoorde,their clients and visitors, the residents and visitors of the Tel:978-475-9100 Fax:978-470-0618 condominium complex, and the general public. Recently, on or about April. 24, 2002,the pumps failed again causing the discharge of sewerage. Certainly, the Planning Board saw the need to replace the pumps and had the foresight to require that the pumps be replaced in their 1992 decision allowing the development of the condominium complex. Their replacement is now long overdue. Further delays by Sutton will jeopardize the public health and safety and the residents of the condominium complex. In addition to violating the special permit requirements, the discharge of raw sewage.constitutes(1) a violation of the Wetlands Protection.Act due to its proximity within 100' of a wetland resource area, namely Osgood Pond and its.tributaries and(2)a violation of the Board of Health Regulations relating to the proper discharge.and handling of sewerage waste. Request is hereby made that you order the replacement of the sewer pumps as required by the Special Permit. Please respond to this request in writing within fourteen.days as required by Mass. Gen. L. Ch. 40A § 7. Thank you for your anticipated cooperation in this regard. Very truly yours, Mark J. Sampson MJS/kad Enclosures cc: Board of Health Conservation Commission, Planning Board (13041\592e6v O024017,1l Town of North Andover office of the BuildingDepartment Development and Services 27 Charles Street �1vlSlan # s D. Robert Nieetta Massachusetts 01845 North Andover, Building Commissioner Telephone(978)68&9545 Fax(978)688-9542 July 13,2002 Mark J. Sampson, Devine,Afi limet&Branch Professional Association.Attomeys At Law 300 Brie She P O Box 39 Andover,MA 01810 RE: 148 Main Street,Building W North Andover,MA Dear Atty. Sampson: Your corm of ham 18,2002 reclimsts Condominium ProPeatY obligFttiaa to �orc'e°'�as it relates to the SWw Pard No. 9(c)in a Special Permit dated November 1992� r pumps as required by Con ion revisedNOVemberA).Exhibit A,is the plannirg Board NOTICE OF DECISION with of 30' 1992 oeog b and 15, 1992 and a Town Clerk decision date December 1 and November 30,1992 1°f D"221 1992- The November 17 dates,I believe,are invalid. Homever, Special rrt to the Pmt Condition o. 9(c)of Exluirit W states: "The p y individual on office building wed Pip house will m grind"ector pupto I am of the the lift Station at the applicant wilt install nthatthe deaialished; courtyard 1oc�tion." The eonditiart t again. I cannot die °�Qn that it does not state it could not be built in the past It was also stated ins documentation,if the -jector pump had been installed "Firs Sutton�required�Paragraph 4(Special Peemut Ca�ition No. 9(c)) areas." I cannot find such repair,malice and Condition � . within its�n the statement in Special Permit Condihion No. 9.I am of the opinion t� does constitute valid claim as submitted,�no plan was attached as mentioned in your=re��ce), been.accomplished- that the Special Peamit Conditiau No. 9 had not Paragraph 7 orf your corresp�dceoe states in part"the violation of�e Wetlands Protection'Act due to its discharge of raw-wage (1)a area,namely Osgood Pard audits tributaries and(2) �Wfilin 'of a��resource Regulations Mating to the proper discharge and. g of Board of Heahh letter of Junel 8th"On or about April 24 2002,the to Yom �. I am of the opinion.that the Pis���cau, g discharge of Mll Realty Trust,was to notify and Peary of your clients'Trustees of the Stare Health to observe the on site request the Conservation Commission and the Board of earlier. sP�violation,that had oocurxed approximately me matrth BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ToWn of North Andover Office 01 the Building Department Community Development and Services Division #_ 27 Charles Street a D. Robert Nicetta Nom AndoveMassachusettsr, ssachusetts 01945 31S��ro nr Building Commission, Telephone (978)688_9545 Fax(978) 688-9542 July I3, 2002 Mark J. Sampson,Esquire Dmm,Afiffimet&Branch sessional Assocaatian.-Attomeys At Law 300 Briclostone Square P O Box 39 Andover,MA 018I0 RE: 148 Main Street;,Building"A,, North Andover,MA Dear Atty, Sampson: Y dance of Jerre 1$,2002cendominiuM requests enfOrcenumtas it ftDPerty mon to relates to the Suttau pond 9(c)in a Special Permit dated N��a �mdam sewer Pumpsas �d by Caic� No. avember 17, 1992 and revised November A)-Extn�t A,is the Planning Board NO2It OF DECISION with dates of 30, 1992(Exhibit and 15, 1992 and a Tovsat aerk decision date fiber I and.November 30,1992 dates,I bell a��� I 992. The November 17 eve,are invalid. However, Special adjacentto Permit Condition No- 9(c)of Exbi�hit"A"states: ` rhe exists building will be dMoli.�d. The applicant wile install an�P�station grinder-elector Pump to the lift station at the Murtyard location.,, The PUMP house wall be dished-I am oftbe condition that the APMIcannot deternime,by y on teat it does not State rt Could not be built in the Past. It was also statedin �,ifthegrinder-eje�ctorpuml,had leen;�ratled "Furdlermore, Sud w is Parte 4(Special Permit Condition No. 9(c)) areas." I cannot End s,. to fir'��and n all utilities wd}nin its common �M Special Perms Condition No. 9.I am of the opanoti that the on as wb f ted,(no Plan was attached as mentioned in your°orMportd,,e), does not constitute a valid claim or die that the Special Permit Condition No. 9 had not been ac complished- Paragraph 7 of your coneWotdmce sbtes is part"the discharge violadioa aftlm Wetlands Protection ' to its of raw sewage oo�stitutes(I)a Pm�y within 100'of a wland resource area,namdy Osgood Pond and its tn'bertaries and(2)a violation of the Board of Heahh letter u at 3emei "Dam ons relating to theproper&��an of�Wa2p`a�•� Pursuant to your sewage-"I am of the `��24 2002,the pumps faded again causing discharge of Mill Real T opm7on that the Pnmwy responsilfty of your clients, Trustees of the Stone ty rust,was to notify and request the Conservation Commission and the Board of Health to observe the on site sewage violation,that had occurred approximately one month earlier. BOARD OF APPEALS 689-9541 BLM DING 688-9545 CONSERVATION 688-9530 HEALTH 683-9540 PLA NENG 688-9535 Aay. Sampson July 13,2002 Page 2 It is difficult to attempt to enforce a (10)Years lam,does not condition that has not been observed and any ten ley °n,mon_ In oris situation, he Health vvbo have ds ctc ti��h the mate attention of on and an the violations. Thank you for your patieuae vci,the matter was under mvestrgatio Yours truly, A Robert Mcetta Building Commission CC:Heidi Gzift Director CD&S Julie Parrino,Canervation Administrator Sandra Stair,Health Adnfinistrator Clay tel,hte rn Town Planner CERTH0 2�p RETURN TU RE��REQUESTED #700I Atty. Sampson July 13, 2002 Page 2 Itis diffim*to attempt to enforce a condition that has not been observed and (10)yew later,does not have m my opinion,dation In this aPP1°'dmately ten we1and source and health violatian(s)required the ���and Health dFwh artments o have jurisdiction an the violations. �attam�� Thank you for You patience while the matter was under mveigatian. Yours truly, D.Robert Neta Building Commissioner CC:Heidi Griffin,Director CD&S Julie Pardno, Conservation Administrator Sandra Starr,Health Administer Clay Mtchell,Interim Tawe Planner CER OT IE 00215970 JRN RECEIPT REQUESTED 1 06/02/04 15:26 FAX 978 470 0618 DEVINE MILLIMET BRANCH 0 001 DEM, Mi wwr & BRvcH PRo sslo i&AssoG61m a ATToff 'Y8 AT LAW 300 Brickstone Square P.O.Box 39 Andover,MA ox8io Tel:978-475-9100 Fax:978-470-0618 FAX COVERSHEET Date: June 2,2004 Number of Pages(Including Coversheet): 2 NAME COMPANY FAX NO. PHONE NO. MITCH North Andover Zoning 978-688-9542 Board of Appeals From: Robert W. Lavoie IF THERE IS A PROBLEM WITH THUS TRANSMISSION, OR IF YOU DID NOT RECEIVE ALL PAGES,PLEASE CALL: Operator: LO Telephone: 978-475-9100 Comments: Please see Waiver/Extension for Smith/Stone Mill—148A Main Street Tliis fax will not be followed by mail. {L:lwdoxWocs\fotrmWvlavlfirmtA0041069.i)Client/Matter No. NOTICE The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this facsimile,in whole or in part,by any person other than the intended recipient is strictly prohibited. If you have received this facsimile erroneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense. OWE JUN 2 - 2004 BOARD OF APPEALS 08/02/04 15:27 FAX 878 470 0818 DEVINE MILLIMET BRANCH 16002 Jan 06 04 02:55p NORTH SNUOvER 9'796899942 p. 1 Town of forth Andover of. Sri.' office of the Zon1mg Board of Appeals Comm, unity Development and 5exvices Division 27 Charles Street ,'-,r•. ''E° North Andover,M&SmChuset<s 01845 D.Robert Nicetta Telephone(978)688-9541 Fax (978)688-9542 Building Cnnirnissioner Date June 2j 2004 TO: Town of North Andover Zoning Board of Appel 27 Cbarles Street North ADdover 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 Variance Special Pon-nit- Com ensive Permit(40B)- for properly located at: STREET: 148A Main Street North Andover TOWN: TO MEET]NC7 DATE(S): Julv 13 2004 NAW OF PM R: Gre or P. Trust Signed: 978-475-9100 etiti or pe titio=rst representative) Robert W. Lavoie, Esquire Devine, Millimet & Branch, P.A. 300 Brickstone Square, 9th Floor Andover, MA 01810 WAIVER Board of AQyeaIe"2,63S.954 .S�ald'mg A78'6E8-4545 Can,crvacien 9'18'988-9530 He�ltd 978688-9310 pl�aiog 978-b88-9535 JUN 2-- 20040 .. . 13OAR0 OF APPEALS HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 May 12 2004 1:45pm Last Transaction Date Time Twe Identification Dura 'on -P-ale-5 Result May 12 1:28pm Fax Sent 819782513608 1:05 3 OK post-ho Fax Note 7671 Date pages �" i From To VlG Y P P Co. Co./Dept. Phone# Phone# Fax# - _3 60 Fax# 94'1 An �► ' v . oat — Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&Decemberl0, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square,P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 TYPING DATE:June 14,2004 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 Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,300 Brickstone Square,P. O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P.McIntyre and 2nd by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman V t(4 Decision2002-050. MON. Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,clo HEARING(S): 2tember 12 Devine,Millimet&Branch,P.A.,300 Brickstone &December Square,P.O.Box 39,Andover MA 01810 10,2002 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 TYPING DATE: June 10,2004 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 Senior Canter, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,300 Brickstone Square,P.O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28& November 4,2002. The following voting members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion made by Ellen P.McIntyre and 2°d by Joseph D.LaGrasse,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum for the petition. Voting in favor of the denial. Walter F. Soule,)*n M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. �G Town of North Andover Board of Appeals, en Walter F. Soule,Vice Chairman Decision2002-050. MON. Town of North Andover , VtoRTH 04, Office of the Zoning Board of Appeals ti? Community Development and.Services Division 49 27 Charles Street North Andover, Massachusetts 01845 'SSACHUSE� D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax(978) 688.-9542 FAX TRANSMISSION r TO: r /�'► f FAX NUMBER: q N /qq --L-21 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: o S� _ ) I SUBJECT: 2 6 ar��a'a vac, rnP - s+c)w 410� 4-D 0 REMARKS: , tIq,, u yf ct re w\ vt d e ur Vz��'��5 �Y2 UV f SpU�P� � �o��/ A Yq P-;�)oni e S vGf i✓�SK, -hte� �-�`l �ph� �In� 01,�► 6-rclsse 60 InSu� �nU i�v��e� cif 2 a � I�ar�► � I I! � Qnd FL ?oul cif �ecsf ,✓�c � , c7YlS ll l�� �OKV`�/ / r I 1k I �J — ) ��j P P 1�D� , �� �0 Gp�`1 I V1 U I n ')�I I I.(�'Y►S , lel r► �"pYO vd Ci� �Sa� My ( JOVE e wtl II �e- �e�ue5�� � 14e 5gvhe SNIt�� �-�� Board of nppeal3'978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688.9540 Planning 978-688-9535 ' 05/10/04 12:18 FAX 878 470 0618 DEVINE_ M1LLIME1• BW'CI1 ijuuz Jan 06 04 02: 55p NORTH ANDOVER 9786889542 P. 1 Town of North Andover Office of the Zoning Board of Appeals 7 Comm. unity Development and Services Division « r 27 Charles Street '-�. : • North Andover,Massachusetts 0183.5 D. Robert Niceaa Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date 5110103 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845. - Please be advised that I have agreed to waive the time constraints for the North J +, Andover ZoningBoard of A als to make a decision re the antiD of a PPe S�� � S variance _a Speew Permit" h;ensive Permit(40B)' Finduzg for property located at: STREET: 148A Main_LgrAckr TOWN: North Andover TO NEET1NG DATE(S): June 8, 2004 NAME OF PETITIO - Greeory P. Sm;fh and Srnne mi-11 uo.,i .. Trusr Signed: \ 978-475-9100 e tioneV&petitioner's representative) Robert W. Lavoie, •Esquire Devine, Millimet & Branch, P.A. 300 Brickstone Square, 9th Floor Andover, MA 01810 W At VER Board of Appeab 978-688-9541 Building 978.688-545 Conservation 978.688-9390 Hmd1h 978.6U-9340 Plarmar,978-688-9335 1AM 1 1 2004 _ 6OA'RD OF APPEALS 05/10/04 12:18 FAA 878 470 0818 DEVINE MiLLIME1• BRANCH • 411uuz Jan 06 04 02. 55p NORTH ANDOVER 9786889542 p. l T'owrl of North Andover of,Mo oTw ,,o Office of the Zoning Board of Appeals y Conimmiity Development and Services Division # - 27 Charles Street North Andover,Massachusetts 01835 r,c Nus D. Robert Niceua Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date— 5/10/0 TO: Towzi of Nox'th Andover Zoning Board of Appeals 27 Charles 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 Permits hensive Permit(40B)' Finding for property located at- STREET: 148A Main S re .t TOWN: North Andover TO'MEETING DATE(S): June 8, 2004 I NAME OF PETITIO Greeory P. Smith andErnme Mill Realty irus> Signed: 978-475-9100 / e tion petitioner's representative) Robert W. Lavoie, Esquire Devine, Millimet 6 Branch, P.A. 300 Brickstone Square, 9th Floor Andover, MA 01810 WAIVER 9oard of Appeafa 978-638-9541 Building 979.688A545 Comcma6on 978.688-9330 Health 978.688-9540 Planning 978-68&9535 I C � � �V � 1AM 1 1 2004 U _ BOARD OF APPEALS 05/10/04 12:19 FAX 978 470 0618 DEVINE. MILLIMET BRANCH 16001 Dom, MILLmT & Bm, ai P[toFinavt,AssommoN - ATroltt m AT lAw 300 Brickstoee Square P.O.Box 39 Andover,MA 01810 Tel:978-475-9100 Fax:978-47o-o618 FAX COVERSHEET Date: April 7, 2004 Number of Pages(Including Coversheet): NAME COMPANY FAX NO. PHONE NO. MITCH North Andover Zoning 978-688-9542 Board of Appeals From: Robert W. Lavoie IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR IF YOU DID NOT RECEIVE . ALL PAGES,PLEASE CALL: Operator: LO Telephone:.978-475-9100 Comments: Please see Waiver/Extension for Smith/Stone Mill - 148A Main Street This fax will not be followed by mail. (L:lwdox\docs\romulrwiavl(irm\A0041069.1)Client/Matter No. NOTICE The information contained in this facsimile transmission is attorney privileged and contains eonf dential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of This facsimile,in whole or in pari,by any person other than the intended recipient is strictly prohibited. If you have received this facsimile erroneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense. NIIMAYC� , C�1 1 2004 U BOARD OF APPEALS 04,'07/04 08:.28 FAX 878 470 0616 DEVINE MILLIMET BRANCH (NO2 Jan 06 04 02: 55P NORTH ANDOVER 97868.85542 P � dwer • '" Town of North An :•,.;" ; o To - _ office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street �trwe►eU56 North Andover, Massachelts 01845 Telephone(978)688-9541 D. Robert Nicerta Fax (978) 688-9542 Building Commissioner ------------------- ------ — mate 4/1/04 TO' Town of North Andover Zoning Board of Appeals 27 Charles Street 0]845 North Andover MA please be advised that l have agreed to waive the time cow°tgratri for the of a North Andover Zoning Board of Appeals to rria}:e a dectsion regarding VariancecCD _ Special Pernsit_ s cn,--4 v :z C3 C--)Comprehensive Permit (408). j--rn PI .Finding ... y.Z CO'�', C:)f Of Il. for property located. at: rn � � Cn c xs STREET: 148A Main. Street cn 6 North Andover TOWN: TO SETING DATE(S): Gre or P. Smith and Stone Mill Realt Trust NAME OF PETIT 1 ---= --: 978-475-9100 Signed' titin r petitioner's representative) Robert W. Lavoie, Esquire Devine, .Millimet & Branch, P:A. 300 Brickstone Square, 9th Floor Andover, MA 01810 WAIVER Aovd of ilding 9-1S-688.9345 ConsmvQyon 9.1"99-9530 Fica5111 978.688.9540 1'L: "ng 97S-688-9.53: Appeals 998-688-9541 Bu Post-it®Fax Note 7671 Date -fib` pages, To Of From CO.Co./Dept. Phone# ;.a:: Phone# Fax# 0 Fax# 04/07/04 09:28 FAX 978 470 0618 DEVINE MILLIMET BRANCH 0 002 Jan Os 04 02:55p NORTH nNDOVER 9786889542 P. • �ORTM Towa* of North Andover �:���'" �'•""�o office of the Zoning Board of Appeals Development and Services Division CvmmurtXtY P27 Ctiarles street North Andover,h,1Assachasett9 01845 Telephone(978)6889541 D. Ruben Nice= Fax (978) 688-9542 Building Con+missior►er Date 4/7/04 TO: Town of North Andover Zoning Board of Appy 27 Charles Street North Andaver MA 01845 ply be advised that I have agreed to waive the time Constraints for the.North s to make a decision rCgarding the 9=tmb of a Andover Zoe goad of Appal Variance . Special Pemlitr Com rehensive Pexmit(40B)- Finding for property located at: STREET: 148A Main Street IOC: North Andover TO•MEETING DATE(S). NAME OF PETS R Gre or P. Smith ,and' Stone Mill Rea1t Trust 978-475-9100 Signed: tor petitioner's representative) Robert W. Lavoie, Esquire Devine, Millimet Branch, ?loot 300 Brickstone square, Andover, MA 01810 WAIVER RovdoTpppAIVE 8-688-9541 Building978-688-9545 Cons�a►ion978-,R8-9530 lion71h978�8-9540 P4uvtin697"U-9S35 mIz pCGC � W ( ASR 7 2004 D - BOARD OF APPEALS 05/10/04 12:19 M 978 470 0818 DEVINE, MILLIMET BRANCH 16 002 Jan 06 04 02.55p NORTH nNDOVER 9786889542 p. i Town of North Andover �"°•'='�'�''04 office of the Zoning Board of Appeals � y Cosy Development and Services Division s+ � w 27 Charles Street • '�tssc�n+$E�c`' North Andover.Massachusetts 0180 688-9541 Telephove(978) D.Robert Nicetta Fax (978)688-954-7 Building Commissioner Date 5 TO: Town of North Andover Zoning Board of Appeah 27 Cbarles Street North Aiadover MA 01845. Please be advised that I have agreed to waive the time constraints#mor the a North Andover Zoning Board of Appeals to wake a decision regarding the� g Variance special Permit; henLsive Permit(4013)` Finding for property located at' STREET: 148A Main S TOWN- North Andover TO MEETING I)ATE(S)- June 8, 2004 NAME OF PEM710GregoTrust 978-475-9100 Signed: e ion petitioner's representative) Robert W. Lavoie, Esquire Devine, Millimet & Branch, P.A. 300 Brickstone Square, 9th Floor Andover, MA 01810 WAIVER aoard pf App=6 978-d88,9S4I Bonding 978.688-95{5 CQTA_a ft 978-b88-933o Hcnitil 97&6U-9340 Planting 978-69&9135 MAY 1 12004 d BOARD OF APPEALS 04/07/04 09:28 FAX 978 470 0618 DEVINE MILLIMET BRANCH CA001 DEVM, M "� & BRANCH ,mm AsomTnoN - ATlolu m AT LAW 3oo Bridmone Square P.O-Box 39 Andover,MA 01810 Tel-978-475-9100 Fax:478-47o-o618 FAX COVERSHEET Date: April 7,2004 Number of Pages (Including Covey-sheet): NAME COMPANY FAX NO. PHONE NO. MICH North Andover Zoning 978-688-9542 Board of Appeals From: Robert W. Lavoie IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR 1F YOU AID NOT RECEIVE ALL PAGES,PLEASE CALL: . Telephone: 978-475-9100 OperatorLO Comments: Please see Waiver/Extension for Smith/Stone Mill— 148A Main Street This fax will not be followed by mail_ (t,:\wdox\docs\fonnslrwlavlfirm\AD041069.1)Cllent/MatteI No. NOTICE The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above, Distnbution,publication,reproduction or Use of this facsimile,in whole or in part,by any person other than the intended recipient is strictly prohibited_ If you have received this facsiusle erroneously,please notify us immediately by telephone and return the original to us at the R aldresss,above via the United States Postal Service at our expense- APR � U AP 4 D - 2004 80ARD OF APPEALS 03/02/04 15:53 FAX 978 470 0818 DEVINE MILLIMET BRANCH 19002 Jan 06 04 02: 55P NORTH ANDOVER 9786889542 P 1 of North Andover , •� `l-own Offf ce of the Zoning Board of Appeals Development and Services Divisioncommunity a; F• 27 Charles Street Ss.c„uso North Aridvver,Massachusetts 01845 Telephone(q78)688-9541 D. Robert Nicetma Fax (979)688-9542 Building Commissioner Date 3/2/04 TO: Town of North Andover Zoning Board of APPS 27 Charles Street North Andover MA 01845 Please be wised that I have meed to waive the time constraints for the North Andover Zoning Board of Appy to make a decision regarding the granting of a V'ariamce Special Pe =t:- rehensive Perrnit(40B)' Finding for property located at: STREET: 148A Main Stree TOWN: North Andover TO NEETTNG DATE(S): April 13, 2004 NAME Of PEnTT01 re or P. Smith and Stone Mi t Trust � 978-475--9100 Signed. Pet (or pe i o is,representative) Ra ert W. Lavoie, Esq. :fJ Devine, Millimet b Branch, P.A. 300 Bri.ckstone Square, 9th Floor SIA 01810 Andover, `. , .. WAIVER Buildin6978-488-9545 C—Scrrauon978-688.9530 aoadoPApy�lc978.68g9511 Hwz1U�978488.9340 Pla,++ng976b8R-953S;f. C.� MAR 2 m M4 7 BOARD OF APPEALS �- HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Mar 10 2004 4:39pm Last Transaction Dae Time Tyne Identification Duration PAges Result Mar 10 4:36pm Fax Sent 89784700618 0:32 2 OK Town of North AndoverNORTFI ot4.,..° ,. 'ti Office of the Zoning Board of Appeals �_ We `�' �0 Community Development and Services Division 41 • 27 Charles Street North Andover, Massachusetts 01845 'SS�CHus�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: �21' VU, X119, p FAX NUMBER: 7 — `f76 _ 06 10 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: �- DATE: SU RJ ECT: _MCI 14 S�l REMARKS: Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 03/02/04 15:53 rA% 978 470 0818 DEVINE MILLIMET BRANCH 0002 .Ian 06 04 02:55P NORTH nMOOVER 9786889542 P. of N opo Town of North AndoVer w Office of the Zoning Board of Appel Development and Services Division :^, ` • C0�1�14iTtw 27 Cfiarles Street Ss.e„us� North Andover,Massachusetts 01845 Telephone(WS)688-9541 D.Robert Nicetsa Fax (978)b88-91592 Building Commissioner Date 3/2/04 TO: Town of North Andover Zoning Board of APPS 27 Cba$es Str=' Noah Andover MA 01845 to waive the time=ist,raints for the North Please be advised that I haves a decision reg��g the grand of a Andover Zoe Board of Appea3s to malt variance Special Permit) cmmiprehensive Permit(40$1' Findmig ' for property located ai_ STREET: 148A Main Stree TOWN: Barth Andover TO MEETING DATEM: April 13, 2004 re or P. Smith a d Stone Mi 1 Trust NAME OF pET�Tiorr� � 978-4759100 Signed: Pe Cor is reP resentative) Pe Ro ert W. Lavoie, Esq. Devine, Millimet & Branch, P.A. 300 Bri.ckstone Square, 9th Floor Andover, MA 01810 wntvr� . 541 6uildia8 97""-9345 Co"ation 978.688.9530 Hoch 978688-9590 Planning 978-688-9535 9owd dq WAIVER ER 688 9 pLC� C0w MAR 2. 2004 BOARD OF APPEALS 03/02/04 15:53 FAX 978 470 0618 DEVINE MILLIMET BRANCH [A001 DEM �T &BRANCH PItOF M0NAi.AsSO(Mr1 • ATIORNM AT IAw 30o Brkkstone Square P.O.Box 39 Andover,MA 01810 Tel:978-475-9100 Fax:978-470-0618 FAX COVERSHEET Date: March 2,2004 Number of pages(Including'Coversbeet): 2 NAME COMPANY FAX NO. PHONE NO. MITCH North,Andover Zoning 979-688-9542 Board of Appeals From: Robert W.Lavoie IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR IF YOU DID NOT RECEIVE ALL PAGES,PLEASE CALL: Operator: LO Telephone: 978-475-9100 Comments: Please see Waiver/Extension for Smith/Stone Mill— 149A Main Street This fax will not be followed by mail. (t,!\Wdox\ao"\forrm\rwlavifirmu►ooa,069.t)Chent/Matter No, NOTICE The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this faesimtle,in whole or in part,by any person other than the intended recipient is strictly prohibited. if you have received this facsimile erroneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense. POst-1 to Fax Note To 7671 Date W #of Co./Dept. f From Pages- Phone# Co. Fax# Phone# 02/08/04 11:10 FAX 978 470 0818 DEVINE MILLIMET BRANCH 16002 Jan 06 04 .02:55p NORTH ANDOVER 9796989542 p. 1 Town of North Andover °+",°,:•,, Office of the ZO iag Board of Appeals ' Community Development and Sexvices Diviszvn 27 Charles Street *;s ►+';� North Andover,WAs"Chnsett9 01W D.Robert Met= Telephone(978)688-9541 Building Con,AstWO"r Fait (978)688-9542 Date '216j04 TO: Town of Nortb Andover zoning Board of Appeals 27 Charles Street North Andover MA 01845 please be advised that X have agreed to waive the time constraints for a North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance C=D Special P9=1it m rehensive Permit(40B)' --'- �Jr�or_ for property located at: D -c ` 14BA Main Street c�? rte, STREET: cn 0 TOWN' North Andover TO MEEMNCTDATE(S): March 9 .2004 NA1V1E OF P;99;i Gry P. Smith and Stone Neill Realty Trust Signed: — - net's representative) Robert W. Lavoie, Esq. Devine, Milli.met & Branch, P.A. 300 Brickstone Square, 9th Floor Andover, MA 01810 wAMM Bomd dilpp�aV X79-6iY-9541 8ltildiig 978�ii-9545 Con'WYW o rM4;&$5W H.2j&9i-9540 Pl�nniMs 97Q�88 9533 7ibg 02/06/04 11:10 FAX 978 470 0618 DEVINE MILLIMET BRANCH 0 001 Dum, MIIuME`I' & BRANCH PROFESSIONAL A8SOmnoN • A7=Nm AT LAw 300 Brickstone Square P.O.Box 39 Andover,MA oi810 Tel:978-475-9100 Fax:978-470-068 FAX COVERSHEET Date: February 6, 2004 Number of Pages (Including Coversheet): 2 NAME COMPANY FAX NO. PHONE NO. MITCH North Andover Zoning 978-688-9542 Board of Appeals From: Robert W. Lavoie IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR IF YOU DID NOT RECEIVE ALL PAGES, PLEASE CALL: Operator: LO Telephone: 978-475-9100 Continents: Please see Waiver/Extension for Smith/Stone Mill—148A Main Street Tbis fax will not be followed by mail. IL\wdoxmocs\fonnsvwlav\6.mu►c041069.]}Chent/Matter No. N07')( E The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this facsimile,in whole or in part,by any person other than the intended recipient is strictly prohibited. If you have received ties facsimile erroneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense. JAN-07-2004 09:32 FROM:DEUINE MILLIMET BRNC 978 684 5054 TO:9786889542 P.002 Andover Town Of NOrt17 ems o w`* p zagvmg BOa iDffaice of tbie r�°;o�A .. mezxt a�nd. vasivxt P ;I, �.Community �eveXa , I ; . -. . !c M�• 27 CL=les Street '�+�ey►+F• North Andover,mmachUMUS 01845 , Li ;' , Telenhanc(978)(, �a;i4�:I D. Robert Nicett.a Fax (978)()SS_9542 ,building Commissio»rr Nte 1/7/04 TO: Town of North Andover Zoning Board of Apps 27 Charles Strcct North Andover MA o$45 eascv�sed that I have need jne to waive the tconstraints fox the North. pion be to�1ae a decision regarding the l��to£a And special Zoning T3 -oard of Appeals VEuxaricc special Pty eh+9Dsi P=enh(408)' Eindizig . for pr4TmTty located at: STREET: .148A lain Street TOWN: North Andover TO MEETING DATF(S): NAME OF PF—,r 'IO Greer=�► P gMith v&4 Saone Mi3I-WItY Trust 978-475-9100 Signed: r(ox r+S repi tative) Pe - Robert W- LevOiOp 6sR- Devine. Millinet b Bxanch, P.A. 300 Bxickstbne Square, 9tkx Floor Andover, MA 01.810 wnlvr-rt f#�nrd AI%978-688-9541 NWdkn897$-6$$-9549 Cpy�rvntion97A•b88.4530 tio�th97$hAA-9540 PlMndn�97p-6kR-9 35 Date 1-� ages Post-it®Fax Note 7671 t �0 %� From p To eCA t \ L Co. Co./De P -A*-" Phone# Phone# !j�j _•. .., _ Il.�� :.. D Fax# Fax# i HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Jan 14 2004 3:03pm Last Transaction Date Time Type Identification Duration Pages Result Jan 14 3:O1pm Fax Sent 89784700618 0:27 1 OK JAN-07-2004 09:32 FROM:DEVINE MILLIMET BRNC 978 684 5054 TO:9786889542 P.001 DEM. , MU.d,IlV U &t BRANCH moFusam A.49t11]A=N - ATlown, AT 1AW goo Brickmne Square P.O.Box 39 Andover,MA 01810 Tel:978-475-9100 Fax:978-47e-*61A FAX COVERSHEET Date: January 7,2004 Number of Pages(Including Covembeet): 2 NAME COMPANY FAX NO. P.T.-IONE N0. MUCH North Andover Zoning 978-658-9542 Board of Appeals From: Robert W. Lavoie IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR IF YOU DID NOT RECEIVE ALL PAGES,PLEASE CALL: Operator: LO Telephone: 978-475-9100 Comments: Please see Waiver/Extension for Smitb/Stows Mill— 148A Main Street This fax will not be followed by mail. {L!\wdnx\loosvon,is\rwlnv\llrmknar 1069.t►Cl.i.ellt/Matter No. NOTICE The information contained in this facsimile trusittission is attorney privileged and,contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this facsimile,in whole of in parr,by any person other than the intended recipient is strictly prohibited. If you have received this facsimile erroneously,please notify us immediately by telephone and.return the original to us at the address above via the United States Postal Service at out expense. Jan-07-04 11 :45A Ann Marie Lombardi 978-686-6094 P.01 153 Weviand Cirele NuFlh Andover'.MA, • 9711-6016-0430 OWEWIN N-, I To: Mr.William J.Sullivan Fax: 1-978-688-9542 From. Jack Devlin USN(Ret,) Date: 1/7/2004 Re: January to April Pages- 1 CC: Fire Chief William V.Dolan X Urgent 0 For Review 11 Mme Comment 11 Please Reply 0 Please Recycle My..Dcar Mr.Sullivan; I Wnd a written nxtue'l fisr a .,,VO.YOIW direction during our recent telephone Conversation that:' .......... xWood Special Ptriftit/Fire Sp lens hearing to April 20(k"the fidlowing is prov ided N.. re State Officials on October 21103 ordered a wide spread review or the praLticat at the MDepartnicni of Public Safety and recently the firing ofit's Commkidoner. Ins-eph[Alfie G ven that iiz:wry - one major item in 11roni of the ZBA,Foxwood Fire Sprinkler,was before that agency.And who's findingVnifings are currently in question and could have major impact(in the residence and Town of North Andover,and person or persons under investigation by Me Masmichu'leftsStat". Attorney General,E.xecutive Office of Public Safety,Maxtachmsetts hate Police.and FBI concerning their handling of that hearing and findings front same. Since this ongoing investigation includes hearings,finding and rulings regarding the Foxwood Fire Sprinklers and other issues of Public Surely I respectfully asked that our request before ZDA,scheduled on January Agenda,be delayed until Z8A April Meeting. Vc,f%y Respectfully,J.A.Devlin Senior Chief Petty Officer,United States Navy(Retired) . . . . . . . . . . . . . . . . . . . . . . . . . JAN 7 2004 BOARD OF APPEALS HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Jan 07 2004 11:06am Last 30 Transactions Date Time Twe Identification Duration Pales Result Jan 5 10:13am Fax Sent 89786641713 1:17 1 OK Jan 5 10:24am Received 6172681635 1:34 5 OK Jan 5 10:42am Received 1:16 3 OK Jan 5 10:44am Fax Sent 816179836770 2:18 6 OK Jan 5 10:48am Fax Sent 819783563218 2:14 6 OK Jan 5 10:58am Received 1978 649 3839 1:27 2 OK Jan 5 11:50am Received 9784756703 1:00 3 OK Jan 5 12:40pm Received 9783563218 2:22 6 OK Jan 5 12:51pm Received DEFAULTCSID 1:00 1 OK Jan 5 1:32pm Received 603-659-0418 1:06 3 OK Jan 5 1:47pm Received 6033829459 0:40 2 OK Jan 5 2:01pm Received DEFAULTCSID 0:51 1 OK Jan 5 3:17pm Received 0:32 2 OK Jan 5 4:54pm Fax Sent 817814536650 0:46 2 OK Jan 5 4:56pm Fax Sent 89786860755 0:30 2 OK Jan 6 12:35pm Fax Sent 819788873480 4:22 10 OK Jan 6 12:40pm Fax Sent 819788873480 3:19 9 OK Jan 6 1:05pm Fax Sent 818884868823 0:20 1 OK Jan 6 2:15pm Received 16038827680 1:12 6 OK Jan 6 2:55pm Fax Sent 89784700618 0:20 1 OK Jan 6 4:31pm Received 0:39 0 No fax Jan 6 4:35pm Received 0:39 0 No fax Jan 6 4:43pm Received 1:18 2 OK Jan 6 5:36pm Fax Sent 815087650193 0:44 2 OK Jan 6 7:25pm Received FAX 0:38 1 OK Jan 7 10:02am Fax Sent 556 0:44 2 OK Jan 7 10:06am Received 1:12 3 OK Jan 7 10:41am Fax Sent 89784755401 CSM e4 - V14� 1:36 4 OK Jan 7 10:43am Received 978 684 5054 0:45 2 OK Jan 7 11:O5am Fax Sent 89787942088 0:54 2 OK HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Jan 06 2004 2:55pm Last Transaction Date Time Twe Identification Duration Pages Result Jan 6 2:55pm Fax Sent 89784700618 0:20 1 OK ftd vvc, vM V J i e 5 HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Dec 18 2003 12:11pm Last Transaction Date Time Twe Identification Duration Pages Result Dec 18 12:10pm Fax Sent 89784700618 0:34 2 OK Town of North Andover < „ORT„ Office of the Zoning Board of Appeals �? •y," A Community Development and Services Division 41 27 Charles Street North Andover, Massachusetts 01845 'Ss�cHus�` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: �r1 t ��er� ��y�I e- SSG I FAX NUMBER: �J 7 - % 0 -oh I q FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: D- DATE: SUBJECT: O g t V c- m e. REMARKS: Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 11/13/03 14:14 FAX 978 470 0618 DEVINE MILLIMET BRANCH_ IA002 TowxL Of • office of the Zoning Boazd of Appel y d Savkes Di�v�'on o Developm ` CoMMUDit9 merles St:rmt , North Ando%'•Mamad"ssem 01845 reWhone(973)fiH8-964I D. Robwt Nicttta . Fax (978)6BB-954.2 Building CommLc+oner Date mbex 13.- 20 'p_ TownBo Zai Board of Appy 27 Cbwles Street . North Andover MA 01$45 be advi3edtb91baw aareedto waWc the time constraints fDr the S orth Andover Zoving Board of Appeals to mks a decimo n regaMdung the W=emg of onpn�ve Pew (40B). for prapestY bcated a'- STREET148A Main Street 'j'OWN' �.i!°.r*._i� At}¢ovex, 1KA 01845 January 13', '2004 TO UME-nNCT DATE(S)= Gregory P. Smith and Stbue Mill Real' Tri NANS OF PETMO rzr CD Robert W. Lavoie, Esq. Aev:ue, Millimet & Branch, P-A. v 300 Brickstone Square, 9th "DOT co T Andover, MA 01810. cii w,AWM 97zsa8As xesll6�/s-68B-9140 Pmt s3S $onrd a�APP°��978-638.9541 0W1dm8976.688"W5 NOV 13 2003 BOARD Or APPEALS DEVINE, MILLIMET & BRANCH PwmssioNAL AssocixnON • ATTORNEYS AT LAW 300 Brickstone Square,P.O.Box 39 Andover,MA 01810 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street FER 2063North Andover, MA 01845 BOARD OF APPEALS 11/19/09 14:14 FAX 978 470 0818 DEVINE MILLIMET BRANCH _ 14 001 DEM, MaLmT &BRANCH pwYMOX ,A&oOMMN a ATMRNM AT LAW 300 Brici;sione Squarc P.O.Boa 39 Andover,MA 01810 Tcl:978475-9100 Fax 973470-0618 FAX COVERSIHEET Date: November 13,2003 Number of Pages(Including Coversheet): NAME COMPANY FAX NO. PHONENO. North Andover Zoning J/ �M,f/r�i� 978-688-9542 Board of Appeals 'J /� 1 From. Robert W. Lavoie IF THERE IS A PROBLEM WITH THIS TRANSNIISSION,OR IF YOU DID NOT RECEIVE ALL PAGES,PLEASE CALL: Operator: Telephone: 978-475-9100 Comments: This fax vp/will not be followed by mail. �-. WAr (L:\,,,dox\docslfmmc\r jsv\rnn\AO041009.t)Client/MatterNo. NOTICE The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this facsitmle,in whole or in part,by any person other than the intended recipient is strictly prohibited. If you have received this facsimile erroneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense. HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Sep 09 2003 12:15pin' Last Transaction Date Time Type Identification Duration Pa es Result Sep 9 12:15pm Fax Sent 89784700618 0:23 1 OK ' TO: R0bPrt LtVDIFROM: DATE: 9 1103 ° . PAGES INCLUDING THIS PAGE: FAX#: -1-7� -1�v D�p'� FAX#:-7 7,9-W'qS RHONE Vuq I V � � � ✓� � D 10/10/17 TOTE 03:00 FAX 10001 Rug 28 03 12:24p MORTH RMDdVER 978SO99542 p.2 Town of North Avdover Office of the Zoming Board of Appeals Community Development and Services Division , 27 Chmies spec North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-91541 Bril&ng CUMAixsioner Fax (978)68$-9542 Date '';W ry r� TO: Town of Nortb Andover a Zoning Hoard of Appeals , 27 Cbarl"Stmt North Andover b%01845 0ri _ J 0 Please W advised that I have agreed to waive the time constraints for the North c-n Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit% Co siva kerw4t(40WI Findigg Ear property loeatedat: A 'STREET: W7 �f�1 h! �T. �,4�'s -,A► TOWN: { 40 STH TO MEETING DATEM: t'`i I go' NAME OF PEI1 ONER: Sighed: Petitio or itioner's representative) W.vV�. 9oanlo�AppNhi97ii-6gy.93a1 BuiMing978.61�-93a] Ct�uuvalivn97g.fxll-953 Ilvstd978-bSW9S4� P�wv+1o$978.EBSAl3] D D� SEP - 2003 SEP 3 - 2003 BOARZ OF APPEALS BOARD OF APPEALS HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Aug 28 2003 12:27pm Last Transaction Date Time Type Identification Duration Pages Result Aug 28 12:24pm Fax Sent 89786885717 1:06 3 OK I/ Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division « ; 27 Charles Street " �'* •�---- �� North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: �`' o f S I►'► FAX NUMBER: 2 7,, 6c6 g 5 717 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688=9542 PHONE: 978-688-9541 NUMBER OF PAGES: .3 DATE: SUBJECT: Z Meei REMARKS: 1 Y e r/. ' a Board of Appeals 978-688-954: Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 IPlanning 978-688-9535 HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Aug 12 2003 1:26pm Last Transaction Date Time Type Identification Duration Pages Resul Aug 12 1:25pm Fax Sent 819782513608 1:04 3 OK 1 V � 08/12/03 12:08 FAX 978 470 0618 DEVINE MILLIMET BRANCH 10001 DKM, MRUM & BRANCH Pxomsswia AssoaAm • Anon=AT LAW Soo Brickstone Square P.O.Box 39 Andover,MA 01810 Tel:978-475-9100 Fax:978-470-0618 FAX COVERSHEET Date: August 12,2003 Number of Pages(Including Coversheet): 2 NAME COMPANY FAX NO. PHONE NO. Mitch Zoning Board of Appeals 978-688-9542 From: Eileen O'Connor Bernal IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR IF YOU DID NOT RECEIVE ALL PAGES,PLEASE CALL: Operator: tlm Telephone: 978-475-9100 Comments: This fax will 1 will not be followed by marl. Client/Matter No. NOTICE The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this facsimile,in whole or in part,by any person other than the intended recipient is strictly prohibited. ff you have received this facsimile etmneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense_ 08/12/03 12:08 FAX 978 470 0818 DEVINE MILLIMET BRANCH 0002 Town of North Andover Appeals �:• � • �` Office of the Zoning Board of Development and Services Division 27 community Charlm Sbftt ..+ Nath Andover,Massachusetts M K5 D. R,flbea Niceua 'telephone(978)688-9541 Building Commissioner Fax (978)b88-9542 Date -- --migust u- 7003 T0- TOWn of North Andover Zomrt Board ofAppea s 27 Charles Sheat North Andover MA 01845 Please be advised tbA l have agreed to waive the timc conAmix%ts for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special pmvnit; Comprehensive Permit(40B), Findiog for property located at; STREET: 148A Main Street TOWN. -Kor2 Andover, M& 01845 TD MEE-nNG DATEM: August 12, 2803 NAME OF PETM0,9M Gregory P. Smith and Stone Mill Realty Trust Signed- .P: on,er(or petitioner's representative) Eileen O`Connor Bernal Devine, M.illimet & Branch, P.A. Attorney-in-Tact WAIVER Board of APP�ah 978-GS$-9311 BLLiidin6 978-68&9545 Com v.[io+�9�� 530 HesNh M-"0-9540 Mwm-C 978-692A535 AUG 12'2003 D BOARD OP APPEALS 08/11/09 18:11 FAX 978 470 0818 DEVINE MILLIMET BRANCH la 002 U Town of North Andover r.w Mce of the Zoning Board of Appeals y 1, GE RK �oF_Colmmunaty Development and Services Division x j% 27 27 C hmies Street 9 P L: 1 North Andover,Ma§sadwsetts UIM �1} ;' �ffo�ert Nicetta . Telephone(978)688-9541 Building Commissioner Fax (978)688-91542 Dale TO: Town off oath Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board ofAppe4&to make a decision regarding the granting of a Variance Special Permit Comprehensive Permit(40B) Fording for property located at: STREET: S �' TOWN: f �/d 4j14v—— TO'NMET1NG DATE(S): po-3 NAME OF PE NER Signed: P - (or - oner'' titve) WAIVER :ala 9'78_68&9541 Wdisg 97&688-%45 Cw=rvotiw 71"M9S30 BCDA 97&68&9540 PI—MUM-689-9-535 AUG 18 2003 1 80ARD 0"--0PL,1k-S BOARD OF APPEALS 08/12/03 11:52 FAX 978 470 0618 DEVINE MILLIMET BRANCH 10001 DEME, MIILffl T &BRANCH P mwssuNAL A9so AMN •AM1dms AT Lnw 300 Brickstone Square P.O.Box 39 Andover,MA 018to Tek 978-475-9ioo Fax:978-47o-o6i8 FAX COVERSHEET Date: August 12,2003 Number of Pages(Including Coversheet): 2 NAME COMPANY FAX NO. PHONE NO. Mitch Zoning Board of Appeals 978-688-9542 From: Eileen O'Connor Bernal IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR iF YOU DID NOT RECEIVE ALL PAGES,PLEASE CALL: Operator: tlm Telephone: 978-475-9100 Comments: This fax will/will not be followed by mail. Client/Matter No. NOTICE The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distribution,publication,reproduction or use of this facsimile,in whole or in part,by any person other than the intended recipient is strictly prohibited. If you have received this facsimile erroneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense. Town of North Andover oT. 'a Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ` .•- �:�.`,r North Andover, Massachusetts 01845 'ss„cNus�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION J�(( TO: l ll�, 4ei1 eeh 71 LAijgr FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: 1 (9 SUBJECT: REMARKS: L — 40WP-Iler v � / Goy -z-61i �fw � Y- �4e_ r�corC) 7 Vc?Y1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 08/11/00 18:11 FAX 978 470 0818 DEVINE MILLIMET BRANCH 16001 DEVNE, Muaz4ff & BRANCH Rwms 1 mL Assoaam ' ATrolt1 "Ax LAW 300 Brickstone Square P_O_Box 39 Andover,MA o1810 Tel!978-475-9100 Fax:978-470-o6t8 FAX COVERSHEET Date: Y0-3 Number of Pages(including Coversheet). NAME COMPANY FAX NO. PRONE NO. From: Robert W. Lavoie IF THERE IS A PROBLEM WITH THIS TRANSMISSION,OR IF YOU DID NOT RECEIVE ALL PAGES,PLEASE CALL: Operator: Telephone: 978-175-9100 Comments: tle- , 74 {1.\wdox\blocs\Furms\rwla,,\timi\A0042509.11C1ienUMratter No. NOTICE The information contained in this facsimile transmission is attorney privileged and contains confidential information intended only for disclosure to and use by the person named above. Distiri moon,publication,reproduction or use of this facsimile,in whole or in part,by any person other than the intended recipient is strictly prohibited. If you have received this facsimile erroneously,please notify us immediately by telephone and return the original to us at the address above via the United States Postal Service at our expense. N, I I"I AUG 1 2 2003 D BOARD OF APPEALS HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Aug 12 2003 11:38am Last Transaction Date Time Type Identification Duration Pages Result Aug 12 11:37am Fax Sent 89784700618 0:29 2 OK Town of forth Andover F NORTH o "10 ,, ti Office of the Zoning Board of Appeals _ °�' '' °� Community Development and Services Division _ .y 27 Charles Street rob North Andover, Massachusetts 01845 1ss^CNuSEt D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978) 688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles 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 ermitComprehensive Permit (40B) Finding for property located at: STREET: / �u / I� TOWN: Nc, TO MEETING DATE(S): a 00_3 NAME OF PETI NER: r Signed: Petit' (or petitioner' epres ntative) WAIVER Udpeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 JUN 1 0 2003 BOARD OP APPEALS HP Fax K1220xi Log for NORTH ANDOVER 9786889543. Jun 04 2003 9:44am Last Transaction Date Time Twe Identification Duration Pages Result Jun 4 9:40am Fax Sent 819782513608 0:59 3 OK Town of North Andovera� �, Office of the Zoning Board of Appeals `>���� �`��` Community Development and Services Division - 27 Charles Street c " North Andover,Massachusetts 01845 ACH[is D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION TO: A, le V1 fl�-V' of— FAX NUMBER: 97a J�� 7�� 0& /q FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: 3 DATE: 'U SUBJECT: REMARKS: Board of Appeals 688-954.1 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North AndoverFORTH t Office of the Zoning Board of Appeals t1 60:P 6,'d Community Development and Services Division _ 27 Charles Street 'q North Andover,Massachusetts 01845 RSsac"U D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978) 688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles 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 and/or Special Permit; Comprehensive Permit, or Finding for property located at: STREET: TOWN: MEETING DATE(S): NAME OF PETITIONER: Signed: Petitioner(or petitioner's representative) WAWER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Of NORTH Office of the Zoning Board of Appeals oA. Community Development and Services Division i 27 Charles Street '` `�t`�41 North Andover,Massachusetts 01845 1SS�cHuSEt D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978) 688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles 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 V-g�t; mpre a 've Permit (40B), Finding for property located at: 14-b I STREET: N GJT - D TOWN: . NVg TO MEETING DATE(S): NAME OF PETITIONER: = 0P- 1 Signed: Petitioneror etition is representative) D WAIVER Boardeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 MAY 1 4 2003o p BOARD OF APPEALS- LAW19P �a� Tfittis pA'��. o � c� r� uW/ i-� MAY 14 2003 U BOARD OF APPEALS � �l(o - a3 � I I I I '. 3� � U�lo��l�5 d�� vl/ o ,� 5j lvw� �v � ��- 5� � �,�el ��� - Sys }� ;� 1 �� �% �� ��� Town of North Andover °f ttoIC RT Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street T,p'�.f, North Andover,Massachusetts 01845 CMusEt D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date TO: Town of iNorth Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the tiine constraints for the NN orth Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance and /or Special Permit; Comprehensive Permit, or Finding for property located at: STREET: TOWN: MEETING DATE(S): NAME OF PETITIONER: Signed: Petitioner(or petitioner's representative) WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North .Andover 01 Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street . *+ North Andover,Massachusetts 01845 ACHUS D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Date_ TO: Town of North Andover Zoning Board of Appeals 27 Charles 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) �. _._._._..__.._... _...... for property located at: STREET: i9-) TOWN: MEETING DATE(S): A� 2C�O�J NAME OF PETITIONER: JI r7 Signed: (��Peti 'o er (o pet tioner':s representative) LIE, WANER B6artl, peals.978-688-9541 Building 978-688-954.5 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 APR yy 1 6 2003 BOARD Of APPEALS t s" Town of North Andover of"°RT a 1ti Office of the Zoning Board of Appeals a Community Development and Services Division Vs 27 Charles Street North Andover,Massachusetts 01845 CH�s��` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION I TO: 01 V-h (, ✓l I eQ , FAX NUMBER:�I _q7 D — 75 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: SUBJECT: �!Z A W ✓) S f 0-� REMARKS: l C Y C s VVI u 5 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Apr 16 2003 9:47am Last Transaction Date Time Type Identification Duration Pages Result Apr 16 9:46am Fax Sent 89784700618 0:29 2 OK � v HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Apr 16 2003 11:00am Last Transaction Date Time Type Identification Duration Pages Result Apr 16 11:00am Fax Sent 89784700618 0:31 2 OK Town of North Andover F t%ORTy Q SLeo 6. Office of the Zoning Board of Appeals a� ° °„ r- A Community Development and Services Division i h 27 Charles Street °� North Andover,Massachusetts 01845 �°Ssac►+us���y D. Robert Nicetta 1 Telephone(978) 688-9541 Building Commissioner Fax (978)688-9542 e X Ve�✓ 1 S M � Date f� r TO: Town of North Andover Zoning Board of Appeals 27 Charles 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), coding for property located at: STREET: e TOWN: � fff �o d bile r MEETING DATE(S): 1 �-D D=TA nr� l / 003 NAME OF PETITIONER: Gregory P. Smith and Stone Mill Realty Trust Signed: t tione (or ti ner's representative) By i attorneys: Devine, Millimet & Branch, P.A. Robert W. Lavoie, Esq. AjIVER ails 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 FEB 1'J B0IA FD Or pPPEALS "elq-- ,DEVINE, MILLIMET & BRANCH PRmssiONAL ASSOCIATION • ATTORNEYS AT LAW f I J3 0 .3 a } 300 Brickstone Square,P.O.Box 39 <T Andover,MA 01810 83,'J,03 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, MA 01845 i t:°1::} '!' „ � ,. - _ � Ii13FF33lli�lfltl7FF1111�!!SlllFi�lflliilF�Filli�t4f?!?lFlt?�1 _ L Town of North Andover NORTH Office of the Zoning Board of Appeals o Community Development and Services.Division 27 Charles Street North Andover, Massachusetts 01845 ��ss"CH ftp �cwus D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978) 688-9542 Date C '��' Q3 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 C= " o f 71 Please be advised that I have agreed to waive the time constraints for the Nosh ' = Andover Zoning Board of Appeals to make a decision regarding the granting of a w ` ' w - Cn Variance Post-it®Fax Note 7671 Date #of Special Permit ToFrom - - 3 Pages Com nsive Permit (4013) � Co./Dept. Co. finding Phone# Phone# Fax#pll��L -UP- 6) � Fax# for property located at: �-DD STREET: TOWN: - N i/a TO MEETING DATE(S): 400� NAME OF PETI NER: C.1 r Signed: Petit' (or petitioner' epres ntative) WAIVER Ud peals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 iJUN 1 0 2003 BOARD ©r APPEALS Q* �koRTIJ 'Town of North Andover o <,'to 16, office of the Zoning Board of Appeal elopment and Services Division Con,�nunity dev 27 Charles Street °""T•�'`~``� North Andover,Massachusetts 01845 Telephone (978)�SSACH►15ES688-9541 D. Robert Nicetta Fax (978) 688-9542 Building Commissioner 7671 Date _ pages, • Post-it®Fax Note ,,(()�, From U/ )ate To �� e Co. Co./Dept Q Phone# Phone# Fax# C7=1 Fax# Charles Street 27 Char 845 North Andover MA 01 C., advised that I have agreed to waive the time constraints for the North Please be ad the granting Andover Zoning Board of Appel to make a decision regarding gr Variance SpecialT�CAPit; mpre7've Permil Date� pages Post-ir Fax Note 7671 -03 Finding �n From To elmIr I(i Co. Co./Dept. Phone# Phone# located at: for property Fax# STREET: 14-b Fax# TOWN: L—q—P; TO MEETING DATE(S): ----- NAME OF PETITIONER: Signed: Petitioner or tition is representative) (� (� WAIVER -688-9530 O �n E I± r ' Board o ppeals 978-688-9-541 Building 978 688 9545 Conservation 978 Health 978-688-9140 Plamting 978 688-953 M MAY 1 4 2003 Li BOARD OF APPEALS` 1�► t(� N LAWIg? NoV �o� iris IN� - acc li MAY4 � 2113 BOARD OF APPEALS Town of North Andover F p0RT1f Office of the Zoning Board of Appealsi° ° ,,..o °A r * Community Development and Services Division 27 Charles Street ti �AAra. North Andover, Massachusetts 01845 C►+us� D. Robert Nicetta . Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles 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-Tkcrnit; mpre a ve Permit (40B), Finding for property located at: STREET: 14b N �T TOWN: No i -i TO MEETING DATE(S): NAME OF PETITIONER:= �� 1 Signed: Petitioner (0r etition is representative) D l'� IS WAIVER Boardo�j 'peals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Plamning 978-688-9535 MAY 1 4 2003 L_� BOARD OF APPEALS HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Feb 12 2003 2:10pm Last Transaction Date Time Toe Identification Duration Pages Result Feb 12 2:07pm Fax Sent 89784700618 0:52 3 OK Town of North Andover aF NORTH Office of the Zoning Board of Appeals Community Development and Services Division ` ; x 27 Charles Streetlap •�>' " North Andover,Massachusetts 01845 �9SSACHus D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: i�0b0-r �j v& I e �sg FAX NUMBER: 7!� FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: SUBJECT: - 7 rn q 4✓1 S`�r p REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 t,. D „ DEVIN�' , MILLIMET & BRANCH ,l�fh PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW I U if s CLERK Joseph A.Millimet- i' ;lr1 �1 ��, 1 t Retimvd D C E 300 Brickstone S9 ``Richard G.Asah,❑ r, Square Paul C.Remus February 11, 2003 MOD FEB 12 (�i,xh( to r Andrew I ).Dunn "Mark E.Tully P.O.Box 39 David H.Barnes Andover,MA 01810 . George R.Moore Town of North Andover *Susan prey Office of the Zoning Board of Appeals Donald E..Gardner Tel:978-475-9100 Daniel J.Callaghan CommunityDevelopment and Services Division 'Frederick J.Coolbroth 1� Fax:978-470-0618 „Steven Cohen 27 Charles Street :,'Aaron A.Gilman Robert C.Dewhirst North Andover, MA 01845 Richard E.Nulls Manchester,NH Newton H.Kershaw,Jr.. Concord NH 2:1Karen S. n E. Grill Re: Gregory P. Smith and Stone Mill Realty Trust Steven E.Grill g rY Y North Hampton,NH Ovide M.Lamontagne 148A Main Street Thomas Quarles,Jr. - - - Paul L.Salafia Request for Continuance until April 8, 2003 Meeting Mark T.Broth "'Debra Weiss Ford Peter G.Beeson Dear Sir/Madam:' Nicholas Forgione Eric G.Falkenham Robert Giacopelli Lavine Charles T.GiThis will confirm that our firm is legal counsel to the Petitioner, Gregory P. Smith Camille Hattan Di Cance - Mark W.Dean and Stone Mill Realty Trust in connection with this matter. At the Zoning Board of - - *Mark J.Sampson Appeals' December 2003 meeting, the hearing was continued until February 11, 2003. *Jon B.Sparkman. Anu R.Mullikin Ronald S. ehris This will further confirm that we have been in discussions with the Sutton Pond ' *MelinJa S.Gehris Alexander J.Mai`Jr. ' David S.Phillips Condominium Association, and at the present time, with the agreement and concurrence Cindy Robertson of Attorney Charles Perkins, who represents Sutton Pond Condominium Association, we Margaret A.O'Brien - *Michael Dana Rosen would collectively request that this matter be continued until the Board's April 8, 2003 *Patrick C.McHugh :::Jahn P.Sherman. meeting. - David P.Eby Scott W.Ellison Bret D.Gifford Please accept this letter as Petitioner's written request to the Zoning Board of Jennifer Shea Charles R.Powell,l l Appeals to continue the hearing from Tuesday, February 11, 2003 until the April 8, 2003 ',Michael E.Kashmir "Kevin G.Collimore regularly scheduled meeting of the Zoning Board of Appeals. In connection with the M.Michaud 'llaniel E.Will request to continue the hearing from February 11, 2003 until April 8> 2003> this will "Robert J.Hundertmark confirm that the Petitioner has agreed to waive the time constraints for the Zoning Eric Kane Robert E.Dunn,Jr. Board of Appeals to make a decision upon the pending Petition regarding the above- *Pamela A.Peterson *Kevin J.Carroll referenced property. *Christopher J.Poulin ;`Eileen O'Connor Bernal *Matthew R.Johnson Thank you for your courtesy in this. regard. Should you have any questions or "Patricia M.McGrath Paul R.Kfoury,Jr. concerns regarding this request,please contact this office immediately. James R.Fox Sham G.R.Fisher Michael A.Ricker *Michael J.Kenison - Very truly yours, *Renelle L.L'Huillier Gregory P. Smith and Stone Mill Realty Trust *William J.Donahue (C',- *Brian G.Vaughan 0 i--C l� D by its attorneys "William R.Bagley Jr. *Pamela N.Morale, { Devine, Millimet &Branch, P.A. 'James L.Spaur F E B 1 i 2003 - Todd A.Sullivan Christopher H.Suh James F.Merrill Donald Lee Smith BOARD OF APPEALS Abigail J.Sykas `Rabin A.Wrisley ert W L V e *Daniell'e L.Pacik Angela B.Martin David M.Morse cc: Charles Perkins, Esq. William J.Murphy Of Counsel Admitted in MassachusetkS :\wdox\docs\clients\13041\59266\AO041059.1} v.+ aar vv avav .-wr v.v r.v vva_ +vr L,vv. v t 1T_. ILI-I AIA Aw16L%jV 1 (1ZA7Tl !]IT I V l if l i l !`1llirlV 71 Ll ! )TnCe irr mormamm lel a'nrl NP.TVICeS 1J1Y1510xi • .1J 11lili LLlf.lb• f✓�•�Fav}•++++•-__ �___ •6.C�-"'l' .e/si .7_ w_J......� *d•,����1,;,coEFe[1984.5 -�� �'l` 1V VL LLt nl,uvv—s ll I)..I.or4 N,P'PftA0LOO nCA1 1 PI!'.UItULIC 17r1u/l vuv�rz+ A..:1rl:,,n I'nmmrcc)nn Pr 2"i1.L 17-6%vvv-ilvi') _ r ! i-..►_ i t i nT i L2ttZ 1 Ti CJ ruar%n ! / v •r'!7- -r nuhl nT IVnrih Ando—vac armpalc ..- .fA n'IVAr'. Iii%7IZII('172%1 V V Gl AT v a v I71nn•.v},o u4%7i c,-Y THAI /n.)VP. :7 f7TCCl1[O VralYG ilYG[11I1G V-%TiA7•A ruxA.o ay. ucv..v..r,. 1 x1r%AJ,r VY Q-' ••s_ _r_,._a _r A-r,- /lonicinn rpanrdmv u the.. rAntinty OT a i->,nriclvcr �.vil.iii>= xlvaau vA.c-+l+ll•,�x•� r•• •••••••..,•..---__..__---o--o --- uOmvreIICII51YC f-GTIIIli('rOD), i r-Fi nrtn o-X rnO� r_ C7r`. Tnr nrnyw_T i v I l.1L:e1LGU Ql._ .7:0Cp ! 4- 1KKI%T UL i-t- yr 7GI••w• 7trvr.i iA 1 (D7- TOWN: 1lnT 1 '� [j-YtyOrG• -- a r- i l i ., -s X41PPTTNr'r D A 7 F.(SI: r P Lt/V a rvl ft a OW U 'S ►O A r, r _u 47—•-,-O _ +'�'.�r. �L _� rr,,..., MS Y'1 Dn�li�•r Trf,ct rN 'J}"7/ Y r A - IIA iv v-v:r - - -b- ... - A)6ri+.n,sa.1 1 r%r kKrl(rinnPr c 7'r?nrr�rr►i ni vc:t a7 i�s• nccorracTo. •1�a r. 7?�.......1, V e WAIVhK - ue ncnn o,.. ..0T4188_g57S o,.__a,.r n...,role ASR_ARR-V_547 Bulltlm^_��a-oaa-y�a.� Vl/r7S:r'unvn v.o-voo-�.+ov .+_.,....>...-...•------ ''—•--•-_--—•`--- ---- DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAw Joseph A.Millimet -. - Retired - 300 Briekstone Square *Richard G.Asoian February 11, 2003 Ninth Floor Paul C.Remus ,Andrew D.Dunn P.O.Box 39 *Mack E.Tully Andover,MA 01ii10 David H.Barnes George R.More Town of North Andover 'Susan Duprey Office of the Zoning Board of Appeals Donald E..Gardner Tel:978-475-9100 Daniel J.Callaghan CommunityDevelopment and Services Division Fax:978-470-0618 *Frederick J.Coolbroth p *Steven Cohen 27 Charles Street *Aaron A.Gilman Robert C.De 'hire[ North Andover, MA 01845 Manchester,NH „ *Richard E.Mills Concord,NH Newton H.Kershaw,Jr. *Karen S.McGinley Re: Gregory P. Smith and Stone Mill Realty Trust North Hampton,NH Steven E.Grill O.'id,M.Lamontagne 148A Main Street Thomas Paul L.rS.Iaft Request for Continuance until April 8, 2003 Meeting Mark T.Broth *Debra Weiss Ford Peter G.Beeson Dear Sir/Madam: '.Nicholas Forgion, Erie G.Falkenham *Rob,rt W.La°oi, This will confirm that our firm is legal counsel to the Petitioner, Gregory P. Smith Chane.T.Giacopelli Camille Hoon Di Croce and Stone Mill Realty Trust in connection with this matter. At the Zoning Board of Mltark\V.Dean Nlark J.Sampson Appeals' December 2003 meeting, the hearing was continued until February 11, 2003. "Jon B.Sparkman ,Anu R.Mullikin 120""Id D.Ciotti This will further confirm that we have been in discussions with the Sutton Pond Melinda S.Gehri, Alexander J.Walker,Jr. Condominium Association, and at the present time, with the agreement and concurrence David S.Phillips Cindy Robertson of Attorney Charles Perkins, who represents Sutton Pond Condominium Association, we *MichaeltDana R A. sen would collectively request that this matter be continued until the Board's April 8, 2003 *Patrick C.McHugh *John R Sherman meeting. David P.Eby Scant Ellison Bret D.Gifford Please accept this letter as Petitioner's written request to the Zoning Board of D. Jennifer ll11Ch l,R.Po,e ' 1 Appeals to continue the hearing from Tuesday, February 11, 2003 until the April 8, 2003 *N,li,hacl E.Kuehnir "Kevin G.Collimor,. regularly scheduled meeting of the Zoning Board of Appeals. In connection with the "E''`"` ni Nti`'Will request to continue the hearingfrom February 11 2003 until April 8 2003, this will Daniel E.Will q y � p ' *Robert J.Hunderumtrk confirm that the Petitioner has agreed to waive the time constraints for the Zoning Eric Kan, Rob,rt E.Dunn,Jr. Board of Appeals to make a.decision upon the pending Petition regarding the above- *Pamela A.Peter on Ke,,n J.Carroll referenced property... -Christopher J.Poulin *Eileen O'Connor Bernal Nlatth,,,R.Johnson Thank you for your courtesy in this regard. Should you have any questions or *Patricia N.I.McGrath P:t,l R"Kfonr)',Jr. concerns regarding this request, please contact this office immediately. Jams R.Fox Sham G.R.FiAer Micha,l A.Ricks Very truly yours, 'Mi,ha,l J.K,nison "'R,n,ll,L.L'Huilh,r Gregory P. Smith and Stone Mill Realty Trust "William J.Donahue D (� *Brim G.ViUlghan D by its attorneys `William R.Bagl,c Jr. =Pamela N.'Mot-al'sDevine, Millimet & Branch, P.A. *James L.sparer F F B 1 120 03 Todd A.Sullivan *Christopher H.Suh James F. mth BOARD OF APPEALS Donald Lev Si e Smith Abigail J.Sckas *Robin A.\\risl,\ ertW L v e *Danielle L.Pacik Angela B.Martin David Na.Mose cc: Charles Perkins, Esq. William J.Murphy Of Cnu„seI *Admitted in Nlassachuseti._Awdox\docs\clients\13041�59266W0041059.1} '4Wu9dxa MO IV 2O1Al2S Luliud bd4ol,Vc'4!u1 I;"ii ou.oi.vY� IYC __T i r. .. .., . T crm nlwra laT �m 1v Sn of IT2 !Wpo OM TI=.I DUE 2II0442121 Aq AFRW., dLUWA 'lL ra_+µVw eoo_+t" ..1.....•-.�..-'..`(T.mrc.•nJ .-. 1-4 L,Tv [n 4feel TTT Til MIMIAA IIl-21lWISJrI SLUS aAEa noel II 'p21i4 �a ng�ula a�iLadii;y r �,d�.�.o.u.vLta'+"1t+=•L�------ - z I—..--r._-- v .,,.---„.,TTTen nne,an eTn A(T and!)UH ul-OAMV1UaLW iV.&itt w ,j0 2SA.4V ILUIPULRuud-t wuo..+lyLw rvy..�.w.,ai ••••.•'T-c----- _ . -.•,ea.n evx,T.LTLV}nE1z naIIa(Tw.TTa A.3UT.o11.2 ST IIOTSSLWSLLKII dUUAI :U*,;r L4 u��vw«.�� •----�-• y, .Z.Jt.l.V1�L T.+„�,•+,nTT^TT,%4 1-SonTbnnwuuLnn�L�+Asu1.LoI�S�oP\XoDAl1 VO V�4 L�,� �djlTTT i.,,�n.w nnnT nn�r r>�tf/IIf AM YV!l 11L1 1 �1 .J1lh/tLLWV, / l -T---- •If11T7 i:Tnf� noir,-cl_v-x��l .v1uVlLtld►d,j, .. s,.-sem I.TrLrc, '-' c—fO\TXXVTT OTT-TT TSTTAA TATJ'T(7n rte FT CT gN�I-61-L-to N/11.1 /H H I l IIV l I11 l 1 Il lel ril Cl l! N% 1,30”XQ.La• 1a.a. WAAJ. ++•+�+++++ •— -�-�• �-- - -- — -- TAAT AA 7n 1ranCS1! :LLLI IJ ei ”"' •- I LLL SS Te•r �leauufy,�lv-I E/�Lcv� a_.+L-ADA.-A F T)TALLLOL XOAQVJU.y 4�VrL lrV7V D07 OLV - . T.Y TL •/-14T a1.Tl12T-T -n A7 Y'E7L7 -AJ\Lvd_vvoj arxv ix kr.11 L� -f___�__, >.,,Yl•„l,TTT\ceSus Tn WUL L l '---`i+� U [lyGlu d .aJi. T r'T Y TCT\TST A f 1'A v H.I w t s%ruZv,:si.o-3 UL2flU As nv� LJ fI alenu��uuan�l�+„w� Le,FT N SI.T l�u . 1LltILMAmT! lalYVia�ruavva LI'tAIM]i Lt aY t.,M UlI! 1 Ittfll L�lIVUlt1t.l FVV WI a1J1YY EL EL .Lai11 AAIIt 31V 11111LL OLOV V6V OGV Ara ;7,:;; 41 t L-i 1 I-MI IP-1-1 0-I 1 I NF- f'•1 1.1 1 1 MH 1 14!S-t:1-Ll-W1 4; 1 1 1-1414-ll-,Y2S-tytiUr+ W4J1.4-'411+'4i:j h _ i f__1 _ 1 11 la•lJlltl L' It/11i IRAhi' X Kid 31\If"H f/L:J 7141f%1 aT���.YJai'1;�Li �a ai�v�.�v�• /+v/N:\:1'L'`In11TAT AQQ[V•iA'IVIN s ATIf WlVk71i A'1'I.AUI u r I li„r 7u C.,..O7A_47f111F i A h H I< f,l/V►'.K.1 i7 P.r`,1 /1 DatF' FehrlTa.ry i 1. 2003 Nuniner OT rages ti.nCl1141ng uovcmiccu. n( ..�.�....�nf r. •�r%Tn nTTnITL N,C. .�IV3'Lll f1.11UV TOa GVllltlt �•v-v..v-�.r r Rnarri of AnnJ>•:ilc ;rnm- Rnherf W I.Avnie fr -r,II^-rl I^ T[, A nn/lnT VLA ILII'I'Ll.- ILTO 'TT7 AhT0XAICCiflAf fAU IL' %/f\f I lAfft All\"1' LJ L'f'L"f\Ii. f r-1 r_rtc 1.7 A C[IV YJ t�T=.]TL tr I 1 h 1. r.�r-aa'+ocra.ouaV1-r, AT ( PAC.Pq PI FAC7= C'Al T.- n•70 A^Ir ntnn 1 inerainr .l ciculwuc- 7 r c--r r w a vv J',•..M n�nnte 1 h•c tov vnli /un11 nnf hd Phifntlu�If h\f mafi error,.,.+a,.�w• a-.v. .,,,A.- ..,•.:..o-.. .,i:Aanf:el r.It:•.rw,ar.nn .�nt u.�ormxu3n vn,.n. ...... .w.,............................��..:::..�.j�.:.-.._C._�..'___�"__"'_ .r..c_ y�r _,_. _.J. L...i. _1 RL_... n::.._:L.. ..kl:+. ...1...•ti.. .,F Intcnaco snr7.tor-our,roau.o .v ar,u ...T .n..p:..�.;...........+............. .+..................:.�.......�....-. . -1. __.____-_'__ -_--_ 1 - _ ..L:...L w...L..: ...L.A.. ..M....�.,k:1.:mA tP•..,,,ke..o nna racolmua, lu r.nvltr yr��i rr+.r.... ..,7�.d.-.:..-.,.....+. ..,.... ........»......�._=:!:.....__.._.�..I i..-.........«.. ..» �...... .._,_ ...i .f.:. f:.+...:...:lo.. :I.. .,IPo co n..+,t,r. ,•.i,ufP l.r hf.tP iPn hnnP:Inl1 TPfilrn Thr hr l alnAl iTI IIQ Ar file' ANnvP v12- rllP 1 Initc+rl%mreQ WlQTAf -.exvif e,aT nut exnc.nsi: FEB 1 2 2003 D - BOARD OF APPEALS H H1-t-1 1 Lt S 'I 4'Li'I I-wl Im 7 1 1N 1 I N4- f'1 I I 1 1 Mi-1 4:7-1:1 fLt t"5-t 4 1 1 1-414't-4 H- 44ti:lr E+ul•:N•L1J.'L14 1 'f1.- AA• n 117 iv.�'r iiia � n1:viivn: !v>Iti,i,innr,i fV <'1KH1V1.T7 \ M111--ltc.l'll'Mi.Ai;sm'IA'NON AS Nii-oRNRI'S Nf LAW le.-h A.�IilGun•. { IMI Oricktannc Nuarc 1• rv,„ Fr-hrttarn 'I 1 ?nm Nuuhlltxtr An,ln•., 11,Faun I',O.tits\39 Anilliver.MA MKIV . I T...'..w ..4'A1....+1. A...1....�.- ,.,,..i,• ,r I aura ... . r-,........_... I+`.....u,v.t•..fra'Y 1 /1 CC__ _C.1_._ 7 nalJ L.l::aJ�I.,• I winvG Sir tnc c.Vt'ur%.vua■u vl AVVwwla 'jcl,978-475-911111 - I l,nmmunity ucyciopm.cnt artu act-vi" ISI IJI.n Fax:978-470,L SIS 'Aarv.a, A.t.:In\.at 1 Il.aenr 11.11.,,,1:11,'.1 I iVnrlh Anrinve.r. MA MX4-*i A.4:Ir,�hl�:n•r.NH NH IN A.".M' in1''v i pp- ferr-unry P Cmith anti Ctnne Mill KPalty-Trll.ct N.Irrh W12iA.Yr:,n NIA w,•.::.lt..:rM Y ---• ,-_._Q_-J _ . -____.__ ____. -_____ .. ..... . ._ .. I- ,5....t..M.1.,a..i.,l:i.•1„• 1 t A 4 A A4n;n Ctraat , �.,a...w»a a.+wa.rv• ••...•: 1 nw ..��w /�....►: -*.I A.. :1 Q %A(12 Aifan4:w.r 1... ..,.,.,••.: 1 L%%MdiFJ{ $Vi ilia 14411444.Y 114aH C'iil.la aro i1YY✓ ai4V Y►aaa{A Kali 1.Ilnnl, 1 iJGIL J4tr 14'1411 bila, all,.bari lhl a":L• 1 I• lli•_ •\1 a---- I_.... C__ 1.�._. 1 •w L,. 'A�.:..:......- !-_....:....... 1] Q....al. •r: t J Will. 1.0111 11 1 1 1 Ut.4U a all i1t 111 W 44.CUex1.bV YItJV.A tV NIVr 1 Val itvlai.e+ yivp;Va T 1 JauaLfL _.....'•.. -. I :inn -%mne NA III Rttmiv T rust. M Cill HIGGL fill will[ MIN 111611fa. til tllG L.61J..LLIC uUulu Ut 'Mo.L L 11Parinrl ufaQ cinnrinije-4 iinrlt PpNn1Ary 1 1 /INwil MN k 1 ”" """"' i '1 h\i lanll Wlrthu► rvcnllrm Ih:rr lar.-. Ilia\/r• ilT.?tl in 111CrItC Cl ni-IC iUi in rt,W. -.ioTTn71 Ynflli Al. L\V..Ik....1.. 1 A .+6 +i.a .-._•.•• ++t ns•/ '1Mn,.rro1R!`P 1,..-I'�.I'loll„> 1 ♦.i✓uuVlatii .iiii r-.00vvi.aii+a.r ....0 w. ..a F.. . .L.s -+r... ..,.. :.a. .,._...... ...... .........,.��,...-...-- 1l[_..1_ _L— I t7f 11LlU1:TiGy V..�3'14tltiA 1"L'1 RYtll, w11V tot)i OOOltaa ouaava■ .r ainaa vv■auvu\uu4aan +-7avv.a a.aivu, ris. +IW i:I,:.�l ll;:,..•It,.+,.. I WpU1Cl C'OIiCCLIyGIV I-CgUCJI 0141 1.11115 tllitttVr DG CVrllmurwu uum mu .14011ru 3 rvprtt. a, ,-vva I meetine. - Pleme accent mis letter as taentioner's written request to the Zoning Board oI ..ii'ill I AnnPalc to rnnFinllA the! hF.arl'nlr fI•nm 'Tue tiny Fehnmry 1 1 ';ll[ i until the Anr11 X. ZM3 '.".""•` I ..1.,.L. 1.c. L.ta.`i .��>atinrr of tha %nnil�rr Rn:\rrl of Anncaalc to nnttfnar+inn with the _ �� i.`.:. 11 %lint „+:1 A..a:1 Q 'IAA's 11aia 4atHl IV.. I FZCm;; ..7a 4V 1.Vi■a.1UMY 4114. iiNKa Mr. 44-ate 4 4ua__.'T a a1 .v..r =.a... I. v. �v./✓1 .aa.•. •.+.+ T �1' L aw ♦i.— 7w . ,... 1 cunurm wnl LAICrcullunci alis u7Siccu w airplti: Like: Anna: 4Yn04iQlaaiD WS 4u 4. s..aiaanic I6.h.•rl 1'.1'a n...Ir. 1 Athsarfi ni Annouk in.mtai[P K nPrimms unnn inC nCnllinii reiii.iini iCiamstiilty iile auuve- '11•::..,:1,:\.I`vlase••n '_._------- -•'-- --- •._-----`--^ - t ra!'arennnii nrnnoriar ._.----•--- r-—r---o ...„....: .. ......- 1 +Vl..u,.•a k.LJ....,.t I -111='_ . 4r.e- •rn.\r nnn'rt.aalr ;ii tii'v rarrorei \hnnl/1 vA\1 I'79x/A nmv ni7PCnnne nr -------- - ..............._ I. aviiui+ai■n aysanwaiaB ruii i..v.�wv..., j+....+a.r............ ...................... - . ._. I - /•. _ _ _ _r C• _.7./_ ___J Ca____ i e:it 17__1—. ".'.-'• •.. "•..•.' 1 vrcbnry s-• ot�txaui cuais ownv x.4711 I.owiT asu�i +n.i..n vi4 rk.n 1 Dy ins aiiorncYs _ Devine. Mi-i-nmet 6C branch. r.A. +l hriaP•n6ir I L:ah ( i l c 1 A 1.11 J-*7 i_./z n„ii.,n,I•wi•'> 1 L'fi 31L.._. 117II T 11,.h:..A, I J 1141414.■i 9a f a-.�p4s. 1 '^^'^'-'•"••'^ rr• 7 -nari:av i•friltrly` FC/7 - F E B 12 2003. BOARD OF APPEALS Town of North Andover of 40RTFI Office of the Zoning Board of Appeals Community Development and Services Division « _ 27 Charles Street North Andover,Massachusetts 01845 "ssA Hus D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: Cs rp-,0P, sv>n FAX NUMBER: cl7 - (, qi,q,— S7 I FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: _ DATE: 0 a. ' SUBJECT: tJg i i/2 +1`me, com Sttr4 1f REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 i Town of North Andover o, tAORTN Office of the Zoning Board of Appeals t,,ao Community Development and Services Division qL 27 Charles Street North Andover,Massachusetts 01845 �ss.�cHusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: f� FAX NUMBER: -766 - 'T O- O�D I g FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover,Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: 1a- SUBJECT: a`SUBJECT: tiq a tip, �I &2 C.0k15:trg1'4 I qcA A Moiiy1 Jttye+ NUMBER OF PAGES: REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 14EALTH 688-9540 PLANNING 688-9535 Town of North Andover °F °RTH Office of the Zoning Board of Appeals Community Development and Services Division c ry AF 27 Charles Street * o North Andover,Massachusetts 01845 �4SS CHUS��t� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: � � CV1Gr eS , L rk FAX NUMBER: 17gi " 1:31 — 3(00� FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: U -01 SUBJECT: L1D4S ri:,A Lat'vi sifQQ REMARKS: Board of Appeals 688-954.1 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Dec-11-02 15:45 Last 30 faxes Identification Result Pages Tvoe Date Time Duration Diagnostic 9784702690 OK 02 Received Dec-10 12:19 00:01:05 021502030000 9784702690 OK 02 Received Dec-10 12:20 00:01:06 021502030000 816179291511 OK 02 Sent Dec-10 14:21 00:00:36 002482030022 Error 00 Received Dec-10 14:26 00:00:36 001000000000403 OK 02 Received Dec-10 14:28 00:01:06 021400030000 OK 07 Received Dec-10 15:39 00:07:35 021400030000 817819025515 OK 05 Sent Dec-10 15:58 00:01:35 002582030022 OK 01 Received Dec-11 08:12 00:00:53 021501030000 603 679 8232 OK 02 Received Dec-11 08:42 00:00:45 021502030000 816032938603 OK 03 Sent Dec-11 09:17 00:00:57 002582030022 89786649502 OK 03 Sent Dec-11 09:50 00:01:14 002580030022 19786860755 OK 01 Received Dec-11 09:53 00:00:40 021506030000 OK 01 Received Dec-11 10:39 00:00:49 021001430000 9787255997 OK 01 Received Dec-11 10:46 00:00:34 021502030000 978 688 9556 OK 01 Received Dec-11 10:58 00:00:32 021502030000 9786649502 OK 01 Received Dec-11 11:03 00:00:37 02150003000 816174261457 OK 04 Sent Dec-11 11:07 00:00:58 002482030022 978 682 6473 OK 20 Received Dec-11 11:09 00:07:34 021500030000 6172427203 Power fail 08 Received Dec-11 11:58 00:01:43 021502030000 89787942088 OK 04 Sent Dec-11 13:23 00:01:13 002582030022 819786889556 OK 01 Sent Dec-11 13:35 00:00:35 002582030022 OK 03 Received Dec-11 13:41 00:02:26 021406030000 89786889575 OK 05 Received Dec-11 13:48 00:01:40 021502030000 816038930733 OK 03 Sent Dec-11 13:54 00:01:16 002782020022 89786865227 OK 03 Sent Dec-11 13:57 00:01:15 002580030022 89786870253 OK 03 Sent Dec-11 13:59 00:01:40 002081430020 89786865100 OK 03 Sent Dec-11 14:13 00:02:03 002381420020 89786885717, OK 03_ Sent Dec-11 14:37 00:00:57 002482030022 89784700618 OK 03 Sent Dec-11 15:42 00:00:58 002582030022 19782513608 OK 03 Sent Dec-11 15:44 00:01:00 002582030022 1.2.0 2.8 4\ Town of North Andover °f 14°RT!{ SSLt° 6 Office of the Zoning Board of Appeals 0- 0 f- p Community Development and Services Division ` 27 Charles Street ° 4 °j �4sfo tom, North Andover,Massachusetts 01845 9SsacHusEsc D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION � T0: 1—)F46.1r0A 011 ��rU f/i vi S4rC o, �Ps FAX NUMBER: cj �i ' _� – 3 L,a !4 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: 0-3 - 03 SUBJECT: Fe X00 3 -2- 13 i-� REMARKS: Board of Appeals 688-9541. Building 688-9545 Conservation 688-9530 Health 688-9.540 Planning 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/(ropier Feb-03-03 11:22 Last Fax Identification Result Pages Tyne Date Time Duration DiaLnostic 819782513608 OK 03 Sent Feb-03 11:21 00:00:47 002582030022 1.2.0 Z8 Town of North Andover � „Q��H Office of the Zoning Board of Appeals a�6Eo 0 Community Development and Services Division 27 Charles Street "� •', North Andover,Massachusetts 01845 ��Ssact+usE��s D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-954 Date_ f� ��00 TO: Town of North Andover Zoning Board of Appeals 27 Charles 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) for property located at: STREET: A-�J 1�" 5W* A TOWN: L�1_ ��� HA Oft3 IF MEETING DATE(S): A`� 2003 NAME OF PETITIONER: 1Z- l Signed: Peti io er(o pet tioner':s representative) ��}}//11 WAIVER Bear peals 978-688-9541 Building 978-688-9.5 45 Conservation 978-688-9530 .Health 978-688-9540 Plannin-978-688-9535 APR 1 6 2003 PDAR1D OF APPEALS i CJ "` Y` Y, PERKINS & ASSOCIATES, P.C. ATTORNEYS AT LAW THE MILL 73 PRINCETON STREET,SUITE 306 NORTH CHELMSFORD,MASSACHUSETTS 01863-1558 TELEPHONE(978)251-8509 800-642-4906 FAX(978)251-3608 CHARLES A.PERKINS,7R. REAL ESTATE FAX(978)251-3859 ROBERT W.ANCTIL* OF COUNSEL ERICA L.MONOPOLI* KEVIN G.MURPHY ANITA L.CHMILARSKI ROSEMARY A.MACERO* DIRECTOR OF OPERATIONS *ALSO ADMITTED IN NH December 10, 2002 HAND DELIVERED North Andover Zoning Board of Appeals ATTN: William J. Sullivan, Chairman 27 Charles Street North Andover, MA 01845 RE: Gregory P. Smith and Stone Mill Realty Trust Notice of Appeal Dear Mr. Sullivan: Please be advised that the undersigned represents the Board of Trustees of the Sutton Pond Condominium Association (the "Condominium Association") regarding the above matter. The following is an opposition to the Appeal filed on behalf of Gregory P. Smith and Stone Mill Realty Trust("Petitioner"),which is currently scheduled for a hearing the evening of November 12, 2002. By way of background, the Petitioner in the above matter has requested that the Town of North Andover commence an enforcement action against the Condominium Association for the reasons set forth in their correspondence dated June 18,2002,a copy of which is attached hereto and incorporated herewith and identified respectfully as Exhibit"A". BACKGROUND The Sutton Pond Condominium Association is a Condominium located in North Andover, Massachusetts. The original Declarant of said Condominium was the Elm Mill Realty Trust, John J. Nolan and Ernest A. Gralia, III, as Trustees. Sutton Pond was created by a Master Deed and Declaration of Trust recorded with the Essex North Registry of Deeds at Book 3840, Page 37 and Book 3840,Page 84,respectively. Prior to the recording any Notice of Lease,as well as the Master $), c t� operty in this case was owned by URDAC, Inc. and was conveyed to the Elm Mill Realty T by deed recorded on March 11, 1993 at Book 3675, Page 255. 1 0 2002 BOARD OF APPEALS North Andover Zoning Board of Appeals Page 2 December 10, 2002 URDAC, Inc. had sought and received a Special Permit to construct the premises recorded March 11, 1993 in the Essex Registry of Deeds at Book 3675, Page 220. There are no documents assigning the rights from URDAC, Inc. to the Declarant of the Condominium Association and/or Elm Mill Realty Trust. Gregory P. Smith and Linda M.VanDeVoorde,("Petitioners"),individually and as Trustees of the Stone Mill Realty Trust are the assignees of a leasehold interest for a building located at 148 Main Stteet, Building A, North Andover, Massachusetts. The original owner of the parcel in question was the Elm Mill Realty Trust ("Elm V), John J. Nolan and Ernest A. Gralia, III, as Trustees. Prior to submitting the property in question to the Condominium regime,Elm Mill Realty Trust filed two (2) separate parcels and subjected each of the same to a separate Notice of Lease. The Notice of Lease for the Petitioners' property was recorded at Book 3840,Page33. Immediately after recording the Notice of Lease, the Trustees of the Elm Mill Realty Trust("Elm 1") subjected the balance of the property,including the Notice of Lease property,to a Master Deed and Declaration of Trust recorded with the Essex North Registry of Deeds at Book 3840, Page 37 and Book 3840, Page 84, respectively. The Petitioners secured their leasehold interest in the property by way of assignment. The Ground Lease which involved the Petitioners' leasehold property was never recorded with the Registry and there were no further documents recorded in the Registry which would identify any additional Petitioners' rights in the leased property or the balance of the property. The Petitioners' claims for the use of the balance of the property involves the common areas of the Condominium Association, as created above. The Petitioners claim certain rights to use the Condominium Association regarding parking spaces, trash removal and vehicular access to the rear of the building. The Condominium Association denies that the Petitioners have a right to use their property. The Petitioners also seek damages for the failure to demolish an old sewer pumping station,as well as a Declaratory Judgment regarding the above matter. ARGUMENT IN OPPOSITION The simple response to this matter is that the Petitioner in the above matter elected to commence an action in Superior Court against the Condominium Association by way of a Declaratory Judgment to determine this very issue. This Complaint was filed on October 27, 1999. A copy of this Complaint is attached hereto and incorporated herewith and identified respectfully as Exhibit`B". The Defendant filed an Answer,Counterclaim and Request for Declaratory Judgment,which is attached hereto and incorporated herewith and identified respectfully as Exhibit "C" (without exhibits). l 7 North Andover Zoning Board of Appeals Page 3 December 10, 2002 This matter has been set for a final Pre-Trial date on December 19, 2002. The parties are currently pursuing resolution of this case through mediation. Therefore, it is respectfully argued that the Superior Court is a venue to pursue this remedy and has jurisdiction regarding the same. This is especially so, as the Petitioner in this action chose this venue. The Condominium Association further argues that: 1. That the Special Permit does not apply to the Condominium Association under the facts and circumstances of this case. See,Aldrich, et al v. Add. Inc., 737 Mass. 213, 770 N.E.2d 447 (holding that the filing of the Master Deed did not make the Association the equivalent of a successor nor do they assume the rights or obligations vis-a-vis the architect under the owner/architect agreement). A copy of this case is attached hereto and incorporated herewith and identified respectfully as Exhibit"D". 2. There is also an issue concerning the Statute of Limitations in this case. General Law Chapter 40A, §7 provides, in relevant part: If real property has been improved and used in accordance with the terms of an original building permit issued by a person duly authorized to issue such permits, no action, criminal or civil, the effect or purpose of which is to compel the abandonment, limitation or modification of the use allowed by said permit or the removal,alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation of the provisions of this chapter,or of any ordinance or by-law adopted thereunder, shall be maintained, unless such action, suit to proceeding is commenced and notice thereof recorded in the Registry of Deeds for each county or district in which the land lies,within six years next after the commencement of the alleged violation of law... It is clear that the Petitioner did not file its suit within six (6) years of after the original building permit issued and further, did not record notice of its complaint within six (6) years after the commencement of the alleged violation of law. r r � North Andover Zoning Board of Appeals Page 4 December 10, 2002 3. To the extent that the outstanding Special Permit obligates any party to undertake the work set forth in the relevant provisions,the Petitioner cannot sustain his burden that the same was not undertaken. In fact,the Condominium Association has submitted an Affidavit by Dana Sanborn of United Compressor and Pump Services, Inc., as Exhibit "E", which indicates that the work was, in fact, accomplished. 4. The Condominium Association also adopts the reasoning set forth in the correspondence from the Town ofNorth Andover Building Commissioner,D.Robert Nicetta, dated July 13, 2002. 5. To the extent that there is an outstanding Special Permit, the same obligates the Petitioner to undertake work on the existing pump station as the result of the Petitioner's lease of the property. In this regard,note that the original Lessor of the Ground Lease was also the original Declarant of the Condominium Association. Article 6(c) of the Ground Lease, to the extent applicable, provides that: Lessee shall at its sole cost and expense comply with and cause the Premises to comply with all laws, ordinances and regulations, and other governmental rules, orders and determinations now or hereafter enacted, made or issued, whether or not presently contemplated(collectively the"Legal Requirements"), applicable to the Premises or the use thereof, including, but not limited to, those that require structural, unforeseen or extraordinary changes. Lessee shall not create or suffer to exist any public or private nuisance or hazardous or blighted condition on or with respect to the Premises. Therefore, the Sutton Pond respectfully requests that the Petitioners' appeal be denied and that the Board of Appeals issue a Decision upholding the Decision of the Commissioner of Town of North Andover Office of the Building Department. cry tr y rs, es A. erkins, Jr. CAP/sma Attachments cc: Trustees, Sutton Pond Condominium Essex Management Group EXHIBIT a�ag: DEVINE, MILLIMET & BRANCH >9 "A" Joseph A.Millimec PROFESSIONAL ASSOcIAT10N•ATTORNEYS AT LAW Redred *Richard G.Amian June 18, 2002 300 Brickstone Square Paul C.Remus Ninth Floor Andrew D.Dunn *Mark E.Tully P.O.Box 39 David H.Barnes George R Moore Andover,MA 01810 *Susan V.Duprey Donald E.Gardner VIA CERTIFIED MAILDaniel J.Callaghan Tel:978-475-9100 *Frederick J.Coolbro6 # 7106 45751292 3169 0657 Fax.,978470-0618 'Steven Cohen "Aaron A.Gilman _RETURN RECEIPT REQUESTED Robert C.Dewhirst *Richard E.MiI4 Manchester,NH Newton H.Kershaw,Jr. Mr. D. Robert Nicetta Concord,NH "Karen S.McGinley Stever,E.Grill Building Commissioner and North Hampton,NH Oo Ovide M.Lamontagne — Thoma,Quarles.Jr. Zoning Enforcement Officer Paul L SalaAa Mark T.Broth 27 Charles Street *Debra Ford c`Beesem North Andover, MA 01845 .Nicholas Forgione Eric G.Falkenham 'Robert W.Lavoie Charles T.Giacopelli Camille Holton Di Croce Re: 148 Main Street, Building A,North Andover MA Mark W.Dean "Mark).Sampson !]on.&Sparkman Amu R Mullikin Dear Mr. Nicetta: Ronald D.Ciotti Diane Murphy Quinlan This finn represents Gregory P. Smith and Linda M. VDeVoorde "Melinda S.Gehris an , Alexander).Walker.Jr. Trustees of the Stone Mill Realty Trust. Mr. Smith and Ms. VanDeVoorde •David S.Phillips Cindy Robertson own and operate an architectural firm known as GSD Associates in the . "Michael lani O'Brienepremises at 148 Main Street, Building A (formerly known as the Town Hall 'Pat P. *Patrick C.McHugh Annex). "John Sherman David P.Eby Scott W Ellison This is a request for enforcement of the North Andover Zoning Bylaw Bret D.Gifford Jennifer Shea Moeckel and Special Permit_Conditions pursuant to M.G.L. ch. 40A, § 7. Mies R Powell,III "Michael E.Kumcir 'Kevin G.Collimorce This request for enforcement relates to Sutton's obligation to replace "Elaine M.Michaud and maintain sewer pumps on the property'as required b Condition No. 9(c) )•Daniel a Will Donna M.Daneke in a Special Permit dated November 17 1992 and revised November 30 1992 -Robert J.Hundettmark Eric Kane (Exhibit A). The sewer pumps serve Building A and are located on the Robert* A.Pet�n common area property of Sutton, outside of Building A as shown on the plan �nc ` Poulin rl•Eil *Christopher Bernal attached. The sewer pumps have failed repeatedly and are inadequate to serve *Matthew R.Johnson the needs of Buildingp A. "Patricia M.McGrath t7 Paul R.Kfoury,Jr. "Kenneth J.Rossetti Special Permit Condition No. 9(c)states: "The existing pumping James A.Fax Sham C.R Fisher station adjacent to the office building will be demolished. The applicant will Michael A.Ricker "Michael J.Keniaon install an individual grinder-ejector pump to the lift station at the courtyard •Re rl L' e location." Furthermore, Sutton is required to repairs replace, and maintain all *Kimberly A..Burke "Robert T.Ford utilities within its common areas. 'William R Bagley Jr. 'Pamela N.Morales James L Spaur Sutton has failed to demolish the existing pump station and has failed Todd A. an Schultz Flick Y. to install new pumps to the lift-station.which constitute a violation of the Janna e`i MMerrill Special_Permit Conditions and Zoning Bylaw. As a result of Sutton's failure to Donald Lee Smith replace the pumps, raw sewage has discharged on the ground and around the Abigail J.Sykas pump chambers threatening the health, safety and well-being of Mr. Smith and William J.Murphy Of Courtin 'Admitted in Massachusetts. 11304 W926"0024017.1) DEVINE, MILLIMET & BRANCH iPROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW I Mr. Nlcetta. 300 Brickstone Square June 18,-2002 Ninth Floor Page 2 P.O.Box 39 Andover,MA 01810 Ms. VanDeVoorde, their clients and visitors, the residents and visitors of the Tel:978-475-9100 condominium complex, and the general public. Recently, on or about April Fax:978-470-0618 24, 2002, the pumps failed again causing the discharge of sewerage. Certainly, the Planning Board saw the need to replace the pumps and 1 had the-foresight to require that the pumps be replaced in their 1992 decision allowing the development of the condominium complex. Their replacement is now long overdue. Further delays by Sutton will jeopardize the public health and safety and the residents of the condominium complex. In addition to violating the special permit requirements, the discharge of raw sewage.constitutes (1) a violation of the Wetlands Protection Act due to its proximity within 100' of a wetland resource area,namely Osgood Pond and its tributaries and (2) a violation of the Board of Health Regulations relating-to the proper discharge and handling of sewerage waste. Request is hereby made that you order the replacement of the sewer pumps as required by the Special Permit. Please respond to this request in writing within fourteen.days as required by Mass. Gen. L.'Ch. 40A § 7. Thank you for your anticipated cooperation in this regard. - Vey truly yours, Mark J. Sampson MJSlkad Enclosures cc: Board of Health Conservation Commission Planning Board 4, 13041%59266%A0024017.1•) ' 1 EXHIBIT BIT: Or. MASSACHUSETTS Essex, ss. Superior Court Docket No.q q- O l 9 O Gregory P. Smith and ) Linda M. VanDeVoorde individually,) and as Trustees of ) Stone Mill Realty Trust, ) Plaintiffs ) COMPLAINT FOR vs ) DECLARATORY JUDGMENT } Sutton Pond Condominium Trust, ) Defendant ) 1. The Plaintiffs, Gregory P. Smith and Linda M. VanDeVoorde (hereinafter referred to as"Smiths"), are individuals who maintain a business at 148 Main Street, Building"A", North Andover, Massachusetts. 2. The Plaintiffs, Gregory P. Smith and Linda M. VanDeVoorde are Trustees of Stone Mill Realty Trust (hereinafter referred to as"SMRT"), under Declaration of Trust dated December 31, 1998 and recorded in the Essex North District Registry of Deeds on March 31, 1999 as Document Number 11813. 3. The "Smiths"bring this action on their own behalf and as Trustees of "SMRT". 4. The Defendant, Sutton Pond Condominium Trust (hereinafter referred to as "SPCT"), is a non-profit organization duly created and existing under the laws of the Commonwealth of Massachusetts, with its usual place of business at 148 Main Street, North Andover, MA. "SPCT" is a unit owner's association created pursuant to M.G.L. Chapter 183A to manage, maintain, protect and preserve the common areas of Sutton Pond Condominium created by Master Deed recorded in the Essex North District Registry of Deeds at Book 3840, Page 37. 5. The Plaintiffs believe and therefore allege that the present trustees of"SPCT" are not reflected in the records in the Registry of Deeds and therefore Plaintiffs are unable to name them with specificity. 1 1} 6. On or about September 22, 1993, and prior thereto, Ernest A. Gralia, III and John J. Nolan, as Trustees of Elm Mill Realty Trust (hereinafter referred to as"EMRT"), under Declaration of Trust dated December 28, 1992 and recorded in the Essex North District Registry of Deeds at Book 3675, Page 247 , were the owners of certain real estate in North Andover, Massachusetts (hereinafter referred to as Condominium Complex") more particularly described in Schedule A of the"Master Deed" attached hereto as "Exhibit A" 7. Prior to September 22, 1993, and at all times incident hereto, the "Condominium Complex" was subject to the conditions set forth in a Special Permit dated November 17, 1992, revised November 30, 1992 (hereinafter referred to as"Special Permit") and recorded in the Essex North District Registry of Deeds on December 22, 1992 at Book 3675, Page 220, a copy of which is attached hereto and marked "Exhibit B". 8. On or about September 15, 1993, "EMRT", as Lessor, entered into a"Ground Lease", a copy of which is attached hereto and marked "Exhibit C"with Elm Mill Realty Trust 11 as Lessee. 9. The Plaintiffs"Smiths" are successors in the interest of Elm Mill Realty Trust 11, as Lessee, in the "Ground Lease". 10. The Plaintiff "SMRT" is the successor in the interest of "EMRT", as Lessor, under the"Ground Lease". 11. A"Notice of Lease", a copy of which is attached hereto and marked "Exhibit D", concerning the"Ground Lease"was recorded in the Essex North District Registry of Deeds on September 22, 1993 at Book 3840, Page 33. 12. One other Parcel within the"Condominium Complex"was leased to Elm Mill Realty Trust 11 under the same circumstances as the"Ground Lease". 13. Immediately after the recording of the two Notices of Lease, "EMT" recorded a"Master Deed"creating the "Condominium Complex" on September 22, 1993 which was recorded in the Essex North District Registry of Deeds at Book 3840, Page 37. 14. Immediately afler the recording of the"Master Deed', a Declaration of Trust dated September 15, 1993 establishing the Sutton Pond Condominium Trust, was recorded on September 22, 1993 in the Essex North District Registry of Deeds at Book 3840, Page 84. 15. Unit owners of Units within the"Condominium Complex"took title to their units and common areas after the recording of the"Notice of Lease" and subject to the "Ground Lease". i 16. Defendant "SPOT" took title to property within the"Condominium Complex" after the recording of the"Notice of Lease" and subject to the"Ground Lease". COUNT I DECLARATORY JUDGMENT REGARDING PARKING SPACES 17. Plaintiffs reallege and incorporate by reference Paragraphs 1-16 hereinabove set forth as if specifically herein stated. I 18. This Count is brought pursuant to M.G.L. c. 231 A. 19. The"Ground Lease", at Art. 1 (2), provides, among other things, "the right to use and enjoy..... a reasonable number of outdoor parking spaces.... to be located on the adjoining lands of Lessor.....". 20. Plaintiffs believe and therefore allege that the term reasonable as used in said Art. 1 (2) of the"Ground Lease", refers to the number of parking spaces and their proximity to the leased premises. 21. At all times incident hereto the leased premises have enjoyed four (4) parking spaces immediately in front of the property. 22. Said four (4) spaces were designated as such on parking plans submitted o and approved by the'Town of North Andover Planning Board. i 23. "SRCT"has recently painted out two (2) of the four(4) spots referred to in Paragraph No. 22 hereof. 24. The Leased premises consist of an office building for which North Andover Zoning By-Laws Section 8.2 require twenty-one (21) parking spaces. - 25. The"Special Permit" is conditional upon the "Condominium Complex"having "adequate parking facilities for each use and structure". 26. The Defendant, through counsel, has recently authorized Plaintiffs the use of only three (3) parking spaces outside their building prohibiting all other parking in the "Condominium Complex"under threat of fines and/or towing at Plaintiffs' expense. WHEREFORE, Plaintiff's pray that this Honorable Court Determine-for all time the reasonable number of parking spaces and their location which Defendant is to make available to Plaintiffs in accordance with the".Ground Lease" or such other relief as this Honorable Court deems just and proper. COUNT 11 DECLARATORY JUDGMENT REGARDING TRASH REMOVAL 27. Plaintiffs reallege and incorporate by reference Paragraphs 1-26 hereinabove set forth as if specifically herein stated. 28. Zoning By-Laws, the Special Permit, and the conditions for a Planned Development District require adequate provisions for trash removal. 29. Plaintiff's have requested permission of Defendant to place a dumpster for its use within the"Condominium Complex". 30. Defendant has denied Plaintiffs the permission sought as set forth in Paragraph 29 hereof. 31. A dispute now exists between the Plaintiffs and Defendant as to whether Zoning By-Laws and these requirements for a Planned Development District require that Plaintiffs be allowed to place and use a dumpster within the"Condominium Complex", and, if so, where it is to be located. WHEREFORE, Plaintiffs pray that this Honorable Court enter a DECLARATORY Judgment with respect to the rights of Plaintiffs to maintain a dumpster within the"Condominium Complex" and require that Plaintiffs be allowed to place and use a dumpster within the"Condominium Complex" and, if so, where it is to be located. COUNT III DECLARATORY JUDGMENT WITH RESPECT TO MAINTENANCE OF RIGHT-OF-WAY 32. Plaintiffs reallege and incorporate by reference Paragraphs 1-31 hereinabove set forth as if specifically herein stated. 33. Defendant has requested consideration of Plaintiffs for snow removal, maintenance, repair, replacement and use of the roadway leading to the Leased Premises. 34. The "Ground Lease" provides at Page (1) Article (1)(iii) the right to pass.... over adjoining lands of the Lessor...." 35. A dispute now exists between the parties as to whether Defendant can extract ' access the leased remises. consideration from Plaintiffs for Plaintiffs use of the road to P WHEREFORE, Plaintiffs pray that this Honorable Court determine whether Defendant may extract consideration in return for Defendant's obligations to remove snow and maintain the roadway or such other relief as this Honorable Court deems just and proper. COUNT IV DECLARATORY JUDGMENT WITH RESPECT TO VEHICULAR ACCESS TO REAR OF BUILDING 36. Plaintiffs reallege and incorporate by reference Paragraphs 1-35 hereinabove set forth as if specifically herein stated. 37. There presently exists only one access way to the rear of the leased premises via a paved walkway between two complex buildings. 38. The distance between the buildings is approximately 20 feet, 4 feet of which is paved. 39. Immediately on each side of the 4 foot pavement are flowers and shrubs. 40. From time to time Plaintiffs will require vehicular traffic to the rear of the. leased premises. 41. Plaintiffs have asked for, at their own expense, permission to widen the paved area and landscape it so that vehicles, as required, could access the rear of the building. 42. The"Ground Lease" at Article I Section(2) (iv) affords Plaintiff the right "... to pass.... to the premises for... vehicular and utility purposes, over the adjoining land of the Lessor..." 43. A dispute has arisen between the parties as to whether Plaintiffs are entitled to access the rear of the Leased Premises by vehicle. LI I WHEREFORE, Plaintiffs pray that this Honorable Court determine whether Plaintiffs are entitled to access the rear of the building by vehicle and, if so, whether that access is to be via the said paved way between the two.complex buildings or such other relief as this Honorable Court deems just and proper. COUNT V IN EQUITY FOR FAILURE TO DEMOLISH OLD SEWER PUMP STATION AND INSTALL PUMP TO COURTYARD LIFT STATION 44. Plaintiffs reallege and incorporate by reference Paragraphs 1-43 hereinabove set forth as if specifically herein stated. 45. The"Special Permit"from the Town of North Andover referred to in Paragraph 6 hereof, required at Paragraph 9c., that the owner of the"Condominium Complex" de g pump ComP demolish the existin station adjacent to the office building and install P anindividual girder-ejector pump to the lift station at the courtyard location. 46. The Master Deed creating the Sutton Pond Condominium conveyed the "Condominium Complex" subject to the Special Permit. 47. The Special Permit was recorded in the Essex North District Registry of Deeds and as such creates an encumbrance on the land. 48. All who took title after the Master Deed took title subject to that provision of the Special Permit. 49. The Defendant is liable to honor the conditions of the Special Permit. 50. Demand has been made upon the Defendant to comply with Paragraph 9c of the Special Permit and Defendant has refused and continues to refuse to comply. ' mi are serviced b an antiquated, 51. As a result, Plaintiffs leased premises y q inadequate and failing sewer pump and sewer line which has and will cause great expense to repair and maintain. 52. Plaintiffs believe and therefore allege that the cost of complying with the said Paragraph 9c of the Special Permit will exceed $40,000.00. 6 Wl IEREFORE, Plaintiffs pray that this Honorable Court order Defendant to comply with Paragraph 9(c) of the Special Permit or, alternatively determine the cost of said compliance and award same as damages to Plaintiffs or such other relief as this Honorable Court.deems just and proper. COUNT VI NEGLIGENCE 53. Plaintiffs reallege and incorporate by reference Paragraphs 1-52 hereinabove set forth as if specifically herein stated. 54. Defendant owes a duty to the Plaintiffs to comply with Paragraph 9(c) of said Special Permit. 55. Defendant knew or should have know that failure to comply with said Special Permit would cause the sewer system from the Leased Premises to fail. 56. The Sewer system from the Lease Premises has failed. 57. As a result of the failure of said Sewer System, the Plaintiffs have suffered damages in the amount of$12,987.75 to date. 58. Plaintiffs have made demand on Defendant for payment of said damages. 59. Defendant has refused and continues to refuse to pay said damages. WHEREFORE, the Plaintiffs pray that this Honorable Court enter Judgment against the Defendant in the amount of$12,987.75 together with interest, costs and reasonable attorney's fees and expenses. COUNT VII M.G.L. ch. 93A. 60. Plaintiffs reallege and incorporate by reference Paragraphs 1-59 hereinabove set forth as if specifically herein stated. 61. The"Ground Lease"was a commercial transaction. 62. All of the Defendant's conduct, as described above, constitutes unfair and deceptive acts and practices within the meaning of M.G.L. c. 93A Secs. 2A and 11. i 63. As a result of the Defendant's unfair and deceptive trade acts and practices, the Plaintiffs have suffered a loss of money or property. 64. The Defendant's violation of M.G.L. c. 93A Secs. 2A and 11 was knowing and willful. WHEREFORE, Plaintiffs demand judgment against the Defendant for the full amount of damages suffered, doubled or trebled, pursuant to c. 93A, together with interest and attorney's fees. JURY DEMAND Plaintiffs demand a trial by jury on all issues so triable. Respectfully submitted, GREGORY P. SMITH AND LINDA M. VANDEVOORDE By Their Attorney, J n A. Daly, Esq. ic . Scalise , Law Office of Domen 89 Main Street North Andover, MA 01845 (978) 682-4153 BBO #112880 B K 3 8 4 0 '� "� A 77 H E S• j" t ,. SUTTON POND CONDOKINIUH LEGAL DESCRIPTION OF LAND COMPRISII7G SUTTON FORD CONDOMINIUM 4 i ANDMATTERS OF RECORD TO witICH SU It LAND IS_SUU �! The land in North Andover, Essex County, Massachusetts, more i) z r particularly described as follows' The land with the buildings thereon situated in North ,:• Andover, Essex County, Massachusetts, shown on a plan y, entitled "Osgood Plan of Land located in North Andover, Mass., owned by J. P. Stevens & Co., Inc.', dated March, 1970 and revised September, 1973 and October, 1973, by Charles E. Cyr, Civil Engineer, recorded as Plan No. 6974 in Essex North District Registry of Deeds, but more recently surveyed and shown as Parcel A and Parcel B on n Plan of Land entitled "Plan of Land in North Andover, Mass., surveyed for Osgood Hill Association Scale 1" - 40' May 24, 1986" by Thomas E. Neve Associates, Inc., j (hereinafter referred to as the "Neve Plan") which said .z.. Plan is duly recorded with Essex North Registry of Deeds as Plan #10305 and bounded and described ns follows' 1 } Beginning on the Northeasterly side of Hein street at a'point by land formerly of Rerage but now of Lentini; 1 I :r Thence running N 58 09' 00" E by said land of Lentini 182.27 feet to Parcel B shown on plan entitled "Plan of Land in North Andover, ` ! Massachusetts for Town of North Andover" and ' recorded as Plan No. 9249 in said Deeds; Thence running by a curve to the right the radius ► .: of which is 57 feet, a distance of 76.58; i i Thence running S 78 59. 50" E, a distance of 10.67 i r j feet; I Thence running by a curve to the left the radius of which is 190 feet a distance of 133.85 feetj .• I Thence running H 60 38' 22" E a distance of 24.88 ; feet; •.� , Thence running 11 32 11' 00" K a distance of 191.99 i feet j 1 1 ' sThe last five courses being by said Parcel B; j 1 ! i � 1 V' 1 I I 1 ; i d'ALU 0AAu _ }[}[tt 1 'f i ''l l Thence running N 11 29' 11• S by land of various owners 115.36 feet to land now or formerly of Ramsey; ;f Thence N 45 16' 35• E by a line extending through marsh land and a mill pond 301.84' to a stone bound drill holo by land now or formerly of Ramsey and land now or formerly of Matses as shown on said i Nevo Plan; Thence running N 68 O1' 49' E by said land of Weiner 264.75 foot to a stone bound by land of New England Powor Company (formerly BaM R.R.); Thence running S 41 46' 45• E by said land of New England Power Company 332.39 feet to land of Davis {I' t Furber Machine Company; Thence running S 25 29. 26' E by said land of Davis 'Furber Machine Company 465.14 feet to a stone bound; Thence running S 55 43' 04' W by said land of David {1: G Furber Machine Compony 197.09 feet to a stone bound; Thence running S.:32 58' 01• W by said land of Davis Furber MtichinQ Company 297.40 feet to a point; Thence running Northwesterly and Weaterlyin + various. courses. by land of-said Davis & Furber - Machine Companli,:.land now or formerly of Windle, of Mottola, of Bay,, of Beiman, of Awley, of Wilson, of Alker, of Ramaden and of McCabe to' the { Northwesterly corner of said land of McCabe; Thence running Southwesterly by said land of McCabe 20 feet to land now or formerly of Andover National Bank; - t } Thence running N 11 38' 18' W by said land of I Andover National Bank 76.24 feet to a point; { Thence running N 79.05' 00• W, by said land of E ' Andover National Bank 13.20 feet to a point; . f { Thence running S 69 25' 25' W by said land of Andover National Bank 176.81 feet to Main Street; Thence running N 3637' 00• W by the Northeasterly line of said Main Street 15.61 feet to land now or formerly of Bullock; r. i ; I t i I i 1 3 �r 1• 19 Thence running N 69 25' 25' by said lend of Bullock 158.45 feet to a point; j •, Thence running N 79 05' 00• K by said land of + Bullock 60.5 feet to a point; Thence running S 82 17' 00' W by said land of Bullock 93.00 feet to a point; " . Thence running S 53 15' 00' N 30.00 feet to Main a Street ` Thence running N 36 37. 00' W by the Northeasterly line of said Main Street 32.00 to a point by said land of Lentini and the point of beginning. �! Said Parcel A contains according to said Novo Plan 1.20 Acres (more or less), and said Parcel a contains according to said Neve Plan 11.97 Acres (more or lose), and reference may be =q had for a more particular description of said Parcel A and said Parcel B. Appurtenant Ea$omente : (1) Together with the benefit of a twenty-five (25) foot wide right of way across land formerly of Davis and Furber Machine Company, dated September 10, 1973, recorded in Book 1234, Page 11, shown on Plan No. 6928. (2) Twenty (201) foot wide sewer easement from northeast boundary rt° ( to Elm Street, in common with Town of North Andover, over land formerly of Davis and Furber Machine Company, dated May 18, 1962, recorded in Book 960, Page 273, subject to r f termination rights reserved therein. I (3) Sewer Easements to Main and water Streets as shown on Plan i�f ( No. 1758 and Plan No. 2292. Subject to the Foliowinai I (a) Rights of others in the pond and water courses shown on Plan No. 6974. Among these rights are those of the Town ' of North Andover by takings of water dated March 1, 1907 and recorded in Book 242, page 526 and dated June 8, x� �.�•: � ( 1916 and recorded in Book 365, Page 168, and under grunt to the Town dated September 1, 1925 and recorded in Book j 515, Page 465. I .. f (b) Grant of drainage easement to the Town dated June 5, 1 1947 and recorded in Book 699, Page 351, extending frost •f ! 1 1 rx, 4 1• • 1 !: 80 mater Street to the pond over a strip of land lying between houses then numbered 26-28 and 32-34 Water Street. .I (c) Grant of Sewer easement to said Town dated May 18, 1962 and recorded in- Book 960, Page 273 including termination + rights reserved therein. (d) Rights of others in a sewer line drawn on a plan dated September 18, 1950 and recorded with said Deeds as Plan No. 2292 and shown as "Sower Easement" on Plan No. 6974. Plan No. 2292 also shows an eight inch water main extending from Main Street along the southerly side of the driveway which leads to the mill building. i (e) A temporary construction easement granted to the Town of North Andover, dated August 10, 1983 and recorded in 21 Book. 1720, page 162. i IN !�. (f) A right of way easement granted by Chemineer, Inc., to the Town of North Andover, dated May 13, 1983 and recorded in Book 1720, Page 172. Easement to New England Telephone and Telegraph Company dated September 24, 1986 and recorded in Book 2324, page 92. i ; (h) Notice of Variance dated November 29,•1973 and recorded in Book 1232, page 445. (i) Notice of Decision dated September 3, 1985 of the North Andover Planning.Board granting•a Special Permit for Osgood Mill Plan Development District (PDD), which said r NOTICE OF DECISION is duly recorded at Book 2111, page 167. (j) Special Permit dated December 22, 1992 issued by the North Andover Planning board with: attached conditions, recorded as Instrument No. 6462 on March 11, 1993. (k) Order of Conditions Mp/242-649 issued by the North Andover Conservation Commission on February 16, 1993 under M.G.L. Chapter 131, Section 40 and the Town of North Andover Wetlands Bylaw, Chapter 178, recorded as Instrument No. 6463 on March 11, 1993. (1) utility Easement recorded W15f 1993 in Book • page (a) Conservation Restriction recorded September 1993 as Instrument No. 4 6 l l ' 81 . ".j.. (n) Notices of Lease re( rded Septem er 1993, as Instrument Nos. 2 g and t � (o) Construction Mortgage and Security Agreement, Assignment a" of Leases and Rents and UCC-1 Financing Statementaheld by Goshen Investments Limited and recorded July _g_, f ? 1993 in Book ,31u, Pages �a 800L 311q, Pa G r4l 1111, Pay— 18l, Book. 3a ,P-ae— )qq, j$60t_ 4111 ri t PAgG Zol .gl«rlcuijno37131.54581.acv SCHEDULE B SUTTON POND CONDOMINIUM �., DESCRIPTION OF THE BUILDING - PHASE I r Number of Stores in the Buildinai Five stories, built on a concrete foundation and slab. Principal Materials of Constructions The Building is constructed of steel fra", with metal deck and concrete floors, and exterior metal studs with brick veneer. Interior studs are of metal construction. The roof contists of ? a Firestone ballasted membrane roof system. l 1 vP1wr1ce1Jn037131.546t1.*c$ I l At Mimkw• n_�;n7�x 6p. e j llgl 7TOMMOM"n- M - NAM Sh. - .-L-.-�,.7 Ig..- 7! 'abWIN .s 4r t OF won 1;-.. Lj a44*11 WHAT A RON M R SaOQY.On: now h 0 1 VIA via k�v, �OMOIVAQQ swo J!" UTMVYM- eg 'Y 120 blain Sweet 01845 /I ,'� Town of • ••x,�n�+u.r.r+sLsoN (508)682.8x83 c,—W ���• NORTH ANDOVER ♦'��b. eultclNc of l cor+scxvanoS ruxr+wc PLANNING &COMMUNITY DEVELOPMENT December 22, 1992 I. Mt Hr. Daniel Long, Town Clerk Town Office Building 120 Hain Street North Andover, HA 01845' ,i Re: Dsgood Hill Planned Development District (PDD) Special Permit Dear Hr. Long: an The North Andover planning Board held a p.m. in ethenTown 'I!� Tuesday evening, December 1, 1992, at 8:0o p. Office Heeting Room, upon the application of URDAC, Inc. Of Boston, HA., and subsequently continued the public hearing until it December 15, 1992. Tile hearing was duly advertised in . the Lawrence Eagle Tribune on November 16 and notified.November The 1992. All parties of interest were properly + ' members ing were present nt. ths December John99Simonstiand Richard Hahoney, George Perna, John Draper, i` Rowan. The petitioner seeks a special Permit under Section 11- 1!18n 1%,L ev ll20Plu tD1-tract of the North Andover Zoning Bylaw �} (the "Zoning Bylaw,,), governed by S6ctiOR 10.31 conditions fo>s 8noroval of S�Cial Permit. This section of the 2oninq Bylaw i permits a mixed use in an Industria l-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 aSpecial Perm and it to allow the ' conversion o! two exsled g bi9s, constructioa of five now buildings, into esidential housing units and an office/restaurant facility on the Westside of Elm Street and known as the Osgood Hill Complex. Said lot is situated in an Industrial-S Zoning District possessing 13.2 acres ` of land area. In addition, the premises is located in the Town's i designated Commercial Area Revitalization horizedstrict under (t hD) and above . Historic District. Construction au a the oe ood Hill referenced Special permit was discontinued bafor g Complex was completed, and a question has arisen whether 1 for special Permit, as well as the associated site plan appe iY the oagood Hill Complex, are still in Lull force and effect. ttI 10 11.4 2 S:JJlUau:uc''- {IFI. { 222 Page 21 Osgood Hill Complex The purpose of the present Special Permit application is to obtain a now Special Permit, as well as definitive site plan approval, in order to complete the partially constructed Osgood Mill* complex. The new definitive site plan is set forth on the L'° I plan etatitled "Site Layout(,) 'Sutton Pond Condominiums(',) North Andover, Haasa6husetts"1 prepared by Henry Schadler Associates, P.C.;- scaler 1"-4011 dated November 13, 1992, revised November ' 30, 1992 (the "Plan"). I The follourtAg members were present and voting at . the ` December 15, 1992, meeting when the Board rendered their decision: Joseph Mahoney, Ceorge Perna, John Draper, John Simons, and Richard Rowan. upon a motion made by Hr. Mahoney and seconded by Hr. 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) for the Osgood Hill Complex. Attached are those conditions. Sincerely, NORTH ANDOVER�QPLANNING BOARD j Ceorge DF Perna; Chairman t cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian f,• Assessors Police Chief Fire Chief Applicant Engineer .� File A. 223 Osgood Hill Project Special Permit, Planned Development District ,! approves the Special Permit requested The Planning Board herein pp } bmitted November 17, 1992.• The Planning Board VRDAC Inc.,, by al Permit for a ';s '• makes the following findings regarding this Special Planned Development District (PDD) as required by sections 10.3 and 10.71 of the North Andover Zoning Bylaw. i - A. The specific site is an appropriate location for such a use, structure or conditions H. The use es developed will not adversely affect the neighborhood; i ' C. There will be no nuisance or serious hazard to vehicles or pedestrians; ;. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use: E. The nning purpose Board finds tthat ththe use is in harmony with the gen ral + 1 The Planning Board also makes these findings under Section 11.4 j of the North Andover Zoning Bylaw that this PDD i A. Does not detract from the livability and aesthetic i qualities of the environment. �.. B. Is consistent with the objectives of the Zoning Bylaw. C. Promotes a more efficient use of land while protecting natural resources, such as water resources, wetlands, 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 be no serious hazard to vehicles or pedestrians. F. Contains adequate parking facilities for each use and structure in the development. Is designed so that major G. facilities and functions are visually compatible with the natural and historical 4•• characteristics. affect the l environment to }� the detriment of Will not lcommunity character and nd public health and safety. Finally, the Planning Board finds that the PDD complies with Town i` r.. S. t •:; ^`C lit i _ - t � .;-rte--�:.-^-�-•.,•^r.!*'..';,^" •.; . . 1: 1. , BB3675 1 - . - 1 224 so long as the following additional condition Bylaw requirements are met: { j 1, The required open epncos shall be conveyed to the i .\ �• I Conservation Commission or to a non-profit conservation as organization, or to a corporation hell be protor trust, ectednbyne ! s persona rosponsible for the PDD, ired by C.L. Chapter 40A, ��''�• conservation restriction as raga space• in cluster { ' section - 9, for common open , , developments•'St!L conveyance r review priors to the nts l recording iofdthe I 1 the Planning i Special Permit. S - �: applicant,: orth Andover Department Z, The hall comply with all N of Public WorRules and Regulations. i' I in 3. Any action by another Town Board which requires or III the roadway alignment, placement of any utilities, drainage Lncilitiee, grading or no cut lines, may ;I , subject this decision to modification by the,Plnnning board. 1. owner shall use the "proposed right'ot way" as I .. 4, The property out, Date Issued: Nov. '. •_�s i shown on the Plans titled: Site 1992, prepared By: Henry 13� 1992, Revisions: Nov. 30, Fermin ton, CT 06072 I Schadler Associates, 5 Waterville Rd, 9 (hereinafter ."Plan") for ingress and egress to the aiWa• 1'• ` i The Property owner shall continue to use this right operto so- j as it may be modified over the Brickston a Sutton Street called, in the future to acceos directly ``.. connector, once it is constructed. s, All lighting within the site. and the right of way shall be ; as shown on the Plan and shall be consisteht with existing 1 on site. lighting 4 •' 6, All new signs shall be approved by the Town Planner and must 3 pe as required by Section 6 of the Bylaw. t �. have a sign p 281 parking 7, The Planning Board approves, at a minimum, iI spaces as shown *on the Plan. The Platn°nbogQdequateinfor tthe number of spates, although minimal, provide for f it project as approved. Twenty spaces will applicant musttspgnated and The aFP !� marked for visitor parking. ired by applicable state and (. handicapped spaces as requ federal rules and regulations. j+I 10 cmR to 3 22:22 ro osed f i I 8; The water conform Plans showing P P regardingcross- installation Id installation of back flow prevention devices r such wreaths 5•,~ sections must be submitted to D.E.P. for reviewandand d4. r approval. These installations must be aFP r' r plumbing inspector. • 5N. •rr. • 's I3K3 (375 I 9. The applicant shall adhere to the following requirements of. the Department of Public Works a, The applicant will connect. the new water main on the Osgood Mill 'elto to the recently install ad eteredaon on the North Andover Mills property. site water mains to be used for domestic purposes are to be abandouod. ; i b. beesewage inspecteduandntested to station a determinetconfo ion ns teethe j appropriate regulations and specifications of the Division of Public Works. sewer connection permit must be produced from the Division of Water Pollution husetts EControl of the Haaak nvironmental Protection itcnecessary. Department of i C. The existing pump station adjacent to the office building will be demolished. The applicant will install i an individual grinder-ejector pump to the lift station at the courtyard location. 10. The applicant shall adhere to'the following requirements of the Fire Department: I� u e. The Fire Department must be contacted prior to the �! i installation of any underground tanks. b, Copies of the completion certificates for asbestos removal must be forwarded to the fire department. C. The automatic fire sprinkler systems is required to be finished. The Fire Department will work with the i sprinkler contractor to modify existing X sti le but partially built system to comply with app codes. all i tested eto seen if the flows will inspected beadequate. 1 I ii. pstems rotectingcton for L the units and he sprinkler hallways shall be corrected by the removal of the separate sprinkler shutoff so that there is only one shut off for both the domestic and sprinkler water. iii. the sprinkler conrct�ction view the systemtor shall a with the entire sprinkler p work on fire chief prior to the start of any i any existing or new systems. d. The dry fire hydrant is to be maintained by the property owners. It must be tested by the fire I. Itw �A. ',II nKsa76 i:. 226 • ..,. •'s, .department and repaired by the•propsrty owners. ( n G. The automatic s rikler s stem used to P 5' protect the istorage area on the lower floors: must be installed in accordance with applicable• fire safety codes at the (' direction-of the fire department. I. L. lira department.. connections are required on the standpipe systems. Those standpipes must be installed in accordance with: the applicable fire safety codes.- The fire department will work in conjunction with the standpipe contractor- to insure that the proper adaptors and threads are installed on these devices. I��1 q. Tits fire sprinkler system in the stone maintenance building must be maintained by the property owner. Any i change in use of the building from maintenance to another use must be reviewed by the fire department. t h. the existing fire alarm box, located on the old mill must be removed. A new fire alarm box and remote annunciator shell was installed at the far right corner i.. of the existing old mill. This fire alarm box and is remote annunciator shall service all the fire alarm devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. �}} I. The— fire alarm system components that have been C installed must be inspected and tested. j. A fire alarm. system must be installed with the t tollowing equipments j I. hard-wired smoke detectors in common areas and hallways tied to the fire alarm central panel and sono indicator; 1�+ f. it 11. each unit will have smoke detectors as required I but will be only for that unit and not connected y to the central panels iii. a double action pull station shall be installed within 6 feet of every exterior door from common b areas; ' , iv. an exterior indicator light shall be placed on the corner of each section of the buildings (4 in E total), visible from the courtyard to give fire ; apparatus the location of the problem as described t on the existing plans. t k. A water flow alarm for each sprinkler-system shall be installed. These alarms will not activate• the master i' E .•..t•..�'M..w-tT.R'R.','V�M q•Y:1'V:.t'•. wiH.« .. ... ..\••..,.. • ..• -.. r D 10675 , t 227 � t fire alarm box. The system protecting the storage areas shall have its flow switch connected to the main control panel and the activation of that flow switch will trip the master fire alarm box. . 11. Prior to a Certificate of occupancy being issueds A. Bonds, in tho form of a Passbook or Tri-Party Agreement in an amount to be determined by the Planning I; Depaztment, shall be posted to ensure construction and/or completion of the right of way across the Brickstone Property as shown on the record plans. b. The applicant- is to provide a final as-built when I construction is completed to be approved by the Department of Public Works and the Town Planner. 12. rrior 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. l 17. The applicant must comply with all Massachusetts State building codes and obtain all permits and approvals as required from the Building Department. I �! 14. There shall be no burying or dumping of construction material on the site. 15. The contractor shall contact Dig Safe at least 72 hours 'I' I prior to commencing any excavation. !I 16. Cas, 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 I� the landscape plan approved in this decision that die within (l ono 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 is shall be both an egress and ingress across the right of way as described on the Plan and as referenced in Condition 1 4. 20. The one-way access from Hain Street to the property is to be maintained by the owner. . 21. An yy change in use of the stone maintenance building from e maintenance to another use is subject to the review of the Planning Board. • i S M ' I E I g3 T. ,6 i,.c :;• ..,;,. ._::.;::�: 22. The construction of the-Anterior of the building shall be under the supervision of-the Building.inspector. I 23. All construction shall commence within two (2) years from ; the date of this approval and shall be complete dd within Live (5) years from the, date of this approval. Completion to be December 22, 1997. ; 24. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 25. The following plans shall be considered as part of this decision: t i Plans Entitledt Osgood Hill North Andover, NA Prepared by: Anderson-Nichols, Boston, HA Scale, .1/8" - 1'-0" ' i Dated: April 6, 1987 i I• Sheets Cl-C8 - Civil I Sheets D1-D10 - Demolotion Sheets AO-A23 - Architectural ; Sheets S1-S9 - Structural Sheets P1-P6 - Plumbing ii. Sheets Hl-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical tt Plans Entitled: The Osgood Rill, North Andover, HA I:. Prepared by: Matarazzo Design ��. 9 Hills Avenue Concord, N.H. 03301 Scalet 1" 30' I Dated: August �, 1987 Sheets: 1 - 5 Z ! Datedt November 11, 1987 Sheets: 1 2 I Revised by the following plans: ` t Plans Entitled: Site Layout Sutton Condomini>.ms North Andover, HA ! Prepared by: Heniy Schadler Associates, P.C. / 5 Waterville Road N Farmington, CT 06032 ii Dated: November 13, 1992, Revised: November 30, 1992 t � ' '•� I ..v.•+�.��""�•vr.�rwv.t.•7.�x....piiFT' . ... .. •... .:s, '�•� • •• ... ... � •, 229. Scal:t 1" 401 ' 'i AM-Built Site Development Plan i Prepared for RECOLL Hanagament Corporation ti 1i Scale., 1" SO' i, Dated: August 1992' Plena Entitled: Planting Plan Sutton Pond condominiums North Andover, HA - Prepared by: Henry Schadler Dated: November 17, 1992 Revised: November 30, 1992 Scalet 1" - 400 i. cct Director of Public Works . I Building Inspector Conservation Administrator Health Agent ' Assessors Police Chief Fire chief Applicant ;I! Engineer Ii File :I OSCOOD.D t t it 1 • • t . j c 1 ti 1 t i R t ' . I I ...i,l-,�;-.:--42-,,�-,--�-z�---- I.I.-l- -- -,----;�i-�,.,.-�7%-�-- --Zqs;�,�.;::",;-,.,.%, � �,=--nxv - -',�� --, . , . - n,,�.--,. ��-----,--Ii,�44--Op, .1 ��,- ��..:- . .- ---.1, - "I., -11 1; .�,��, - ,-�,,,--_-.�, �--..'" "'�I- "7,m==,-;:�--,.-�1��'-.,-," -;�.'t.I -lT_,.-,--- -f-'....-� �- '. � . � . ., ,': . .." - - '.-,.,l',-'- -� " - "', 1,1,- -,,,-�,",m- , - � , . - , .1 ,, . ; �� - . v- .� -, ..,-�.- -'�."�.......�.1,-:,�-1:-�� . - ., v, . ?!N"..".f 4 i, , ,", yi�.' 9Tc,W- q"-if,.,;'-� .�- ,� , -', I, , �,.,, ,,� , . . -p:,.�'j-,,,� U'Wyl-,�,'�Z";,/:,�i�"i-,,,-,�----","""4-��L, - -I., "�1.lw�.�,-, �- . " . .- '.".,- . -�� ",I.-..�, . .1.• I - Y'% r-,,,-,, .,-',"..,1. .�,-;",4 .�,fz 'I.? I , I,,7.,", "." i .. - � , - =-, ., f-K�W�-z- - -,;- ��,�ii(�"d " . �. 0- - -6 ",-,-, ,� ,,' -I � -,17, I- " -- . - .1., �,:,) . . . . . . �. .j ---.-�-1;" k � -..�-, -,-,,Vf.-`,,L,�,!,�A 6�A -, ,, -!� ...1..1 I t� . . , -,4�� �;I t,;��-,,,--,,I----��P. � � � i �;Q ei I I�- , I"I- -"t i'-,14. - � - , -�"" �"- . , :.,� -,", � I ,-,,,.i, 4. -�--.�?:: �, -;, Zlv+-4,4-��-- -,l ..".,� - " -.t ,�.' .,i . . �'.�. � , .. , ",Ji�V.,f-�;�. ,,,��-.,,. .. -, --.;- ,- , -,.,i 7r,�Z,�,, , , k� '. . , ;,I ` _-_`�-, ,?,.T" '..-f-1. I I'-- I - -IV X- ,;�,,��V -,j�,z�!,',-�--;t� '' .�',�;� :',�'- , 4� , A . . ., . , I �:�"`�'� �','.M,-,tz�.,,'4 �.,� ...n, 44W"� '�" -�5 - . -4-'- . . , ��,'% � , ��"r -S, -, - !�,, � -44.vL.':",-.�--,��-, - , - "..rll� , ,::;�tv,�'--�, .- �,.�r,47'. ,;".�'t- -,,,"I-5 I I���,"i - . -., �;,t�;�;' , . A,�It X K.I'll .. , 79�4 : , I . "-�-Y,-- ;I a. , . -Z.""6�,.�4-�,','�- , � , �-!,7.*",,$J�.".-,',4�,,,v�rl. , . . , �- , - - ,� "�. . ,-, ';,, .. � ,"'.. ... 1, ".- - , , " - -; ,�. � A 4rr, �e, �,, -- ..., '.51.1",,t, " �*...- . - -,,.-�r,�'t - ..- �-.""�-�, : �, . 1,�i, . W,". r , .;E--D. ., , .--$, 11-1�: i -, -- �, I- , "I' 'f,��. ,i z.,--T��;�J-.,,'t j , " 4 -- .�!" -.�, ;. -:'-j- �.i--4-,-�- 'i- , �I,- uf.,-�-* � �.,,;.I ,-,: j".*� ,"I to.�,'Y.:f I ��j",-"_.-.�Z- --,,- .4 - - ,�4 .�,�, .7�,,. . - ,►, - ..-.-.�-,1,".��-,:t�,��-.,.',.'--,Y:,�4N�!-::��.,--,;-.'.-,,- - --,�ZITRZ,!, �*%`--4'-,'i�--�,-��, ;. . .. , 4 , �,, , -0 -� -"� -).� I .,,-,-��Z,' .A , 4, � � . , -'k,.."'-,,4-, -,-�j,�,�-t&---6.'-',"�'g , '; , , . z*,,,,,,' 1-1,j-�',... ,v ,�. .1 . ., , ��R ��''�''��� -.--, - . . - ,, .I ,. I I--�." I ,. � � ,:,I,, � , "ir2 I ., , , k - -,,.tN - -- -�,!j In i IV F � - tvf,-ji"q, �3*� V,in.. 1' . " ""t.� nfti , � , I . ,, - ""-- , R _M . .. . ;z '! . ,,.,,.V T' (�-.-4- � . . ,, , Sn,-j-,--m'.7.-.'--. --,�,,-..!.-;��,�z,-!.�-.,�":, '...-.�,,-,--,;4 -,,,- '. -, , ;,',---:- 'T . - -- , ,-,,���4,');)- , , , -: ., , ., , 4A .1.11-'.-- 1. . ...,. , j-"- �'"�_-- --, _,. , ; r,�' -"'l-., . .. . , " ':��.,,,��-i•P+. - -. I . , � v , , ,:. �-,,..�,.*,..,,,,;,,"-, -- , , M - , ., -- , - - -,Plj,-� .f-i�,4 . ? .1, . - . - I , �, � �t4*%.' - �. -�, , -, , At, ,n,� . f; P� , ,� , , , - % ��--.! ,-,,�,�-. - �, -�r, -`I'v �-'� , , !!� " . , �. � , , . _ � ,14�, lKlol-I .11 -� ��--,,,-��',-'-T , -,-t--.,.W,-..",,,,,� -1�2 , "I ,-'� t',.,,,,,;,,-'- --" .��,. /� , i- ,�'j I ;v. .11 � -�,. , ".."..-I-!, -� -",' t-� -1.�-,--,, .;,-- -.� I,- �.*�.��...... .�,,'-z,'.t�;%,N-",-x-A .-,fj-� I ..,. - ,-.';,!*' � ,��--'--"- lnl,��z, --, -u-, -�.- �� �,-"�-f.i,,�i.��l.-,!--� �:`. "-, "I � I ., 9�;�,Ik It�*'-'..J'.',---"��,�.�--,.,.,-. ,-,.�- . - "." OQ -Iii�17��'�.,-I , . . . , �,,-?�i -,,p-4�.-�� - � - � .. - ' -j - ,.,: .. � --,--11,1.114-, o.-2 1-Y �,�- ;,. -.��." 4. .�.:... ,oflp,a-�'-. . :V��.T'.��q�-'Vm,� --� * - ;,:�,� �--,.� - il�,, j,% -- -4: . :.' -"";- --���- z � - �,�� --t.�� -.;r,'i -�,��-...:. . 1. , , ---.-�7, -g,,---� , .I, � - "� 74,4i,,�i��,I*Z .f-.,.. , " ,�p , . -:4:k,���,,*il",:� 2 'k - - �n�,),,;��i"K,Z,04,:-;�-...`...:'.;.-.�. .. . .?-,*�;.,";!,-"-�l� ,, ;�:l , I - ,.. '0�,hl"4'-', -1 , -.�,:. ,I - -�� ;-- �.,"c lol;y.",,;�,,;-,.,.: :. ,- P%- *:,i"j �.'t, , -'-,'.' -ln:��I 1;-,...� . I Q ��, � q- -�,,- ,'�%.,-.",�_:t -- '--.... ,---- ��-,.. -li- -I ,,,--,",14.���;." - ,, ., --,f'i- ,-, -is - jr"-,.;n.--,- -'s, P!-,'� -�,��;;, .... lo'j..-,,,�0 '�Y'--k-,v"-'4 , z .,��, -� ",;. . - f - - .� � . I ,-, ; , `Ml- i�� �-- I,., , !;-', , -'--�� ,I.:" ., -�,T-; 0��-----'i, -z�; _- , , ,--," ,�i ii, -4i" ,;, , . .. i'-, , ..:.;�---�.'., ,w-.... , - - -,- -'.. �, � I .- A 4- � *-�P�-,�,,-`�e" ...", , F �, - ,-�"'.-0�A.,, , .4'..-----.�� .. " , ,, ,4��, .�Jj �.7.t,!, ll�-'---. , ",a'Fl.-,*-'�--,., - -1'0-,�;l�.�:I��;�--, , -;,,,� !��-,.-g �,_., -"�I-,�-Z n��-.,�,- , ---z,�'�-iF-,'V�,.,.i���'4-,[�4-.;""4-:,,�, , �,-;L-."....,'.A .. � j " , *�� ,, �-,..- ,-�,j.:-_-�, , "' - - i. "'!-, -n -�,,,i--��-?'4�-"-�� -, ,..,.7 . t'`} ,� , , -." "� i�, " " -��. - -, ,,,i.V, I " , . .;�t,--;--rl", ', .. - - .,,, 5� �. , , � �, .4 --,-% j. - -, - '. .-,g ��,�--,�-,!-.�--,:i�1.� ,-,Z��:-`; :,- -, - �.. � --,�I��,�;-!,�4-4�-,!e--� , , , "flr�, -',.t t,fgp. X, ..,. . .,-.�4- -�';",,- , ..,4 � -,4 . ", - " . ,!-,. �. .NM ,�7 7 - -" � t -, -,--,� ---..--1,- , . - , �X $:". '. 't.", ,- -.,, - 7" , a' P, �_,,��-x- �,--- ,11, �41; ',+, ,;�-�'-Vsi3t,-Zj ----- �- ��, --,�e� .�, -,�� 1-�4!, ?.-,I� ,�- v . - 4�,:,, . - .4;:.., � I I.�Ivl-- -I . # .�", -- �,-�.,.,-.,-,-'.-j �.�,' ., -� �i _-';, ,-..-N�, , -N�,Tr'," �'i�;::, -'��-",�,;j�_...- -".., - ,, ,"Z"-,,,,T-".�;-t'aTa5K. ,-ii i, . . . ,- - ,�� �S _I:jl� ."t'R",�--4.�,-, -: , :�. .�i�iY ;k, , � '- ...)i�,.,�.;.-;�-..,-: .'� -. . k-"', ,'-�-:- '-'�' � .,.-., -:�'. 'l-.�l-,��-��---�- .,��x,(--�'; ,v ��,.-: �, , � - ,'-.' - , . 4 -...,- .',-,,�rt�, . ,, " I I c - -,-,- T. , I '-'-, ,-N-�-'---'-,-..•, - - .1-11-1�.5��-,,--,�-,�----'�-,�,�, -".-�I,� "'I,." �:-S�:� ""-, . m,,viz- , .,.,� ,:..'--i'll.-L5,.,M-7!,'. --,r,� --�, - �-- '-,.. ,� ..f�,"1" -,,,. - , -�,, x"��, ,�,� -t�, .�,e.'-!."'.:���p� .�, , :�-, -,t W-, , ,`-� `-"--':........., - ��,--.,-,' -. �' '��-, - e --- -- , �. 1�1 , �-, , -, �.-..4-,--- ?��', , �-, - t ' . - --i-l".- �: ".a - i ,�,W-: ., w-- .C,; . 'fir ��-:t&--.�'- ,;,_..:�; ,�, -,i'�-:'- ,-� - , . - . .. ,� �e ��A:,-,��. "',,-�-�,��-�-,��.k-,f--,,.,�-,," " . ,,�;�;�-, �- ; , -..':-,--A,,!-,',,---:.16 .V�-.�- �, *,-- - .. . . �w 7- . .-":��!�--�--,*- �:,-',�--*.-�-�!""�'," ," - -i,. - -� . . !, .�. -,,. �, '.-p,,-�l-, *,--,,'--.-T3� ,!' ':';��'.-;,�-�',--rl-%. . - I . - -.;1� 3 �U;-.�, ,�. - - , -��,:".,�,-?,."� .� - , ,-,-':7,� - , , -- - ..:.:.. , . fl�-,�.�i- ,.- ,��17-�;,. - ., ., �. ,- !" - - - - , ,- , --, ,,< �. . - .: .-��-;, . ,;Z, - ,- ,, , . "4',':-,-, " , ..1-- �- ,.,.�. N �-,,-,�.4��_-.,,�-:, - � I -,- -.��-..�-i ��!.jk�-��-1!,'. . " n -- � - , - - .-;,6 �.1 V,;:!�, ..�,,-;��",,v�- - ,,;,,..471 � -�,'-,, -7,-.-.,�4�-'..J�,.'- , '!i:�,!-.-,,"�t��!-Z.,_,r-:?-�-�:!�.',','�, -,.- :-..--,:,-., --, .-f.-":-� - -� --..I'i I - - �,., I. * , -- P -, .- � -,�.. . .. . ... - - .t, I M,I C. , . , .1 -,,,I-j: - . ,- '. - ,6*� ;�--I'-�,.;., � � ,, �-��,,��,�,4; .,$,��-..,., .�. --��,,��.. ,.4 -,�.'--.-,,:�::, , '."",����� ,,�- I.-,:,*.: - �. �,�� t � - -- , .I ..�� .,.-,. --'c�t'r '-Z-, -.:: ; .; ..'�1 -*.�' , -:-,--, I � .. - I , k,,**r . ,�j.,".� . . .L,.�,',�,,,' 6 4 - 1.. . . ... -.�-.--,;. -. - - - I. -�,. ,.�-.";.,. , .-, - -"z-�- 'I..-.'--.,7 S-I,.,- .: � ..",-1,� . :�- - - - - ,", - Ir :_ -, . I. . I, - "�'� -,:-:5 .. , --, ... . , , ,.- - �-- -- - :", ..- -.;��"...,�r - .. ... .� �.-!�,',,��- :,i�. ,--,,-�� .-�-.:,.r;:�T,�,. .,,, , . - -,� , - . �Nw��;�,�,;, , : -':.. , .., -_, -,,� ,i;�, . ;-., ., - -t4� -% ,�,-,,��,�'.v U.�,�-,-�-,� , � � 4,'.Z,,� .-,�t� -I p I -.-- -,-�" - � . -, : ;��- "", , . '.� . . . . - ..:- -.1. � � I 11 . -- I-,--,-i -- . . � . - , , �: - -- . " I. . .. -��'.I � ,-� -, *, , , 1. .�- I,- ",-�� - --.11----- , - * , � - -;' - -,� , I , - .-r �T,',.-,.- .1 - d- . I; , .: - ,;., I '..l -- I�. I � .-.:-, . -. . : ..' . - :" , , ",:-,."�.I I I � - -.. . . . I. -I ... - �,.-'� :-', -,.-.,-, -,1....-.�, , -- :: .T. -, d... �---,- - -.,�::- - . .- � -- - -.- I - . � -t. . .�.I� I� :;. - ., , : � * I. - � , I . .1...... . . I � - - �� . . � , -. ,.- .. . .! W� - . : . . .. . - � . � .. .--.... �!- I - . . '. -I...I '. .... . .. . : i .. -.,. ... - �, I 1"'I � - - I. -" . I . :,- ': , � . I : . - . I I � .. , .�, , . . . , '-�.-�l*, :", � - �,�-,, ,,--, -, 4. 1�1; I . � . � �. �- . � . . . .. I I � . I .. � I . � .I . - .:- �.: .. -,..-I I ,. m. . . ... � . . . - - 11.. . .,-��-- . I I. - , � 1. . I .. , -I . . :,- . . .. - . . , -, . ,.. , . . �. - ., . ., I- -1- - , -- . . . . . . I ..�-, A. ,-,,,,--�-., .� , , .. . - - I . I 1. . . . .1 �: - ; ::�.! 1. - . . . - - m .".'.a�z�'. �.' '. . -� .: . �. ,. � . � , � � . �. .;� � _7, � .� -K�,:_ ,- - �Li:-;��,:!��-, � Fit? . - . -- ,;".�'i.,-,'-4,�-� , . . , - - -. " , , , -N�. , It " R � 4, I"-G- , 4 1 ,a*,�'I tig"', n 4�Ypj .�. � W � . . . -:tl- - � ,,3ii,.4 I , .. "� ,� -,�:� - , - ,!.kv� �. '4� - -- . �, �,.,-. t, . , -. � '. , ...: ., .," . . . - I I .Z _,: % , - . ,�.-,�," , * -- -�, - , . .. ,, - � ,: .. , .. .� . - ,- . , , :.� - �tl� . �f,-'..i ,:,�.. T , ,�!- . . -.- �. .,-:-,--'::`f�-�L�-�, ,. -, , ;-'-,: ,� ., I.. d . . �- � - �,_,,:, , , � � �,,:, .-,-:; -� � - . ":., , � .. - �,,i-: I I - . � � I. - . - ..� .. , I , - --X.1 . :,�� ::--: .. � ,�- ,-...,�. *4 . . - . �t 7 -- -.'..- - --1 -I....1:- ,. :,: , �. C � - !'i I �- . , X , , -* ,�4't_.J_ k . I .. I I . . .,::�;:�- "',-- -c' - --. 1.I... - �,z f'.� , - . .. - - � , :��, �t, �-. �:� ." , � . I . - . I . - . " -��-�3 '.�,'*��-- I -� .,=T- �; �z .� :--- .� .- --� ,- -.1 , ! 'T�,a�-;�;'.'f,'�,t ;r--:.."i.'. -,,- - , , - %", ,�-,�- '' -4,:,.� - - ., _-�. W- . %-. , I- � -, �f;'-, , ... .. I� ��- -,:-,. L. - . , � ,-, - :,,,...-,�:-', :. ., ., - . �,"�p ��It' � - "-'i.,<- . - -, .. . , - : � liik -i - -,� - -i . -I ." � -� . "'. -;iz��" .,��,,��,--I - - , � . . - -�, --" �.-.'- , I atpj-,� t 1�- �-,�-�- -, -- - -4,zl,!7-�.� '-.:.--,:��'�.-.� �?V- .� � . .I . A , . -�,- , . �.-,,:�� �, .,��' , ... S*�& ,!"�!,,t%�,,'V�r- -k -%A,e,7 -�- 'I.'., I .1, -- , , I . , -� ..0.?�tll.�1r;.�4�7._w,y-.; , , , .- ----::%�.`� - , -; 1,, ..1��11: , ,���,� ,."- . - ..,;,� -�r,.,.�,�r�.:..., . .1 " " �. � .:� ,:". .. I w � . - : . w -� . : -.1- R-'l-;-.;- .; : I"': - -111.I�-C.�., - � . - - .1 -1 - .. - , - � --�, S. �7 . �� .11 . �'O . --- ,',� . � ,.m- .. --, ,. .,-,-., ., - . . . �., � ..., I .. - -, . ,. .. -I . I .- I - - . .1 ,. . .I'll . , ,, * - ,. - `.--- �: - .- �� I I .,� , .. �--. I. ", . �, r, - ,.-. ,.*, - - - r,.�-!,! ,,. - , �,,L�-- ,'. - , ,. . . .� .... �::z , :� - ..�: I I .-., -,:. : �"� .;�-�- , 7.- : I . . -. . ..I - !':,; 7, '.1�1. ." . ,. _,�!,: v �,,, -�n...--.- -7 m, . ...�:4.-:., � .- - �:..,., ,, -- ..'�� . I.. I,..;_ ., .� . , . . -.�,.:-, I . . . 'I-- . ,. : . I'. z. , , .I . � .1 I .. . . �- �. . .1. . . ..1. . I I �. . . I � � .. - . .-.,.-. 1.";.. - I � . � I � - . - . �I �:; �. . . .�,,I , 1, - ;-1.. .� . - ,. I , , - -.., , � �... - � . . -�, ,- . - .. 7 alI.- I.:; � . I . i..-, -..,, - -.. '!�.�':7 � .� '-'-I � , ,,�,� -� 1 -�, I I : . I � - .� � -I .,�",�". - - �--: I -. � - -'-. ..1 I � � I , I � I * ..�, - '� I -% . - . � , I, � -. ��.,. _":.c- I � -, : :. : ,. , .1. � -- . � -,. %. - -� - - I , ,� .� -�� . -. � - . - '. . �� . �� 11 I , ;- ,, ..1 -., : . - . . -.1 . - -�-.--, : "r . .. , � . � t.,,., - - ...I ... -;--, .-- -.: .. -...I . . .� .- �, ,. . , `- - .. . -�� -; . . -_.-.-.,-,%, . ,. .� - .'. . . -, " :.1.e I I.;'I- �.: - �.�:I. . , :.. I I,, .., , - �. -. . . :� I� ::L �,.,7 I ; "" - � . I � - - . - I, I. �I- . � . I I �-. .-. ..11 ..�11- .. .. . -� :�.!. ,:� . I ." I - � -- I . ,.- I . . .1 .-_1 . K.' V , I , - ,, .4 , , , , , . I. - ,�m, . , .-. i-,,�,,_� j-'�--,,r'--.,Z,,.1.- � .I I , - .: ,�� . " �l. ... . ..1 � . � . -, .. . . . I I, 4 . , . � I I I� 1, ,., . . - . , 1. ., �I ;�.,. ., - .1 ,�, � � I . .... . . . -. .1 I�' .'7�� -... t �,'. -- ." � . t�. 1. ., . .,.. , . I - - . � � I ... , 11 i , . . . ,� . . -. .� , - � . )�. I .._ ; i. . , � . - - . . � � - �1 ,, . - - � . , � - . V, ,,�, , . :. ,.., .. . � . � �,", 7 :. �. �'I, . ---.. . , , . �. . , � - , ,, I � - - � . - - , , , ,� , . 1. - , . . _ . . - -. I I�- - , . , : . .. . .I � . , ,. . . . �. . ..; , , , . ,7- ., ,:; .1 . . � - -)�.. . , � . ., - I . � . , . �., ::, ;'. - . I � .. . . . - � � �.. - - "" - - :,� . .I t . ,c -., ,�, ,.A � - � I I. � � � . �. ��, -, ", : . I 1. . I , .,..- , � � I � - , . � . ',, " .. '.. " .. . -.,- I. . I-.-- . . . . � - - I : . . . . I .. - , . � I . . . . . , -- ,� , . . . . . . . . - , ";, ,�.,-,---....� ,- .. . ., I � � I I . ; I - � . , - ., . , - .. . . � I . . - . I ..., , ,,.,�,��-,, . , I . � . . . . . '. . I � � . . � . I , . ,." . . � . - . I � - . . . . . . - -- . I I . . I . � -�;�..,-. :�-, . , . �, . I I . . - -�11- ,",?�:-l'--- I . � . . . . I . I . . . . '. I I .1 . ..�,l-, .1 I . . . - I --: . � . . . I . . �`, . , -,"I: -: ; , . I . I . � . . . .1 . I 1. - .; �,-- � 11. . - . . . -,- . � ,I . ., I I . . : ,: -"'�-; -,' �,,� . . � ---Z,114 li- j -- �I. � . . I - � I � - *,%��,:,,:". �� . . . . I I .-.m �� . . I . . I . . . . I . . �-- �,��. .-I -:, ... � . - - - -,� .� ,;. -- -6 �� a"i , .- I .. ... I I - . I ., ; .. I . ,: -- - . � .;,� ,�):'-' --�. - , , :� � �.. , -, :. - _ - � . . , 1.�-�Ali � '��:,'�,_:. -.� . .. . . 1. I . - , �, . � I . . � ... I I- .. I.-I � . I " ' . , ..i:% . . -� . . , . . . . - , .� . � . . . . . . .. � - " , � I � . �----"',-;;�,".- '. .. , . -, . . . - . . - . .- - . � - �l . . . . . ... . . � . I . I - 1. .� , . . . . . ,Z�'-,'.- . I , I -".;,I�e- .1, - 1.. .. . I- . � - . I . � . . I - 1 -.4; -�-.-1�1.�""', ` ;�I,,,�.. " ,"-,:z-.. . .� . . . ,.. - .-I ,.. . - - �.� . . . I . .. . 11: - -� . I I-�-- -1- " �� � --�,' , ----� ----�W, - - .;��. r, . _ .- I -, �-, -.- . . - - .I -: �! .,.1� .- I . � . �l - - ... - ..�. I � . I . , , - - - I I .I I. I. - ., - - .�.. !, . � . - . -, . . . . -.� -,- '27w� .---,�.'-;-T--,;�r,, .-�-.-- ;�-14,,'. !�- . . ,�-; ,-. � - 11 - � , -- - , ., -, -- , -"., � . � � . . - --� - *�_,*::-,:.--.�,-��---,-�,..- � "-"P�. , . . � . ,-,, ��'-,,�--, ,-,,: i%.:;'l,-,-;',-l'., . , ----;��,.,- �,-,�-- .� . . . , , R 1;1 . . . , .�', ---,-;l-�.- L, - - -.�.�.�,-,-.-,,`,:i,�;.I -. *� I . . -Al .. �, ,�. m,,,�'.".-, 1.--� ;7 7��1: - - - -I . I-,S;J-kl.��. . - - fry--� -" '. ..� I "tj�, - -11 : -, ..;.. - , , I � I -. -,- HF:CONNOLLY:JN037131.54581 1�4 September 14, 1993 (nom\r Q GROUND LEASE between The Elm Mill Realty Trust as Lessor and Elm Mill Realty Trust II as Lessee Dated September 15, 1993 WN CONNOLLY:A031131.54581 .N14 September 14. 1993 01 TABLE OF CONTENTS 1 . Lease of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Use. . . . . 2 3. Term; Right to Terminate. . . . . . . . . . . . . . . 2 4 . Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . 5 . Net Lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . Taxes, Assessments and Utilities; Compliance With Law ando C ntracts . . . . . . . . . . . . . . . . . 7 . Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 . Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . 9 . Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 . Insurance. . . . . . . . . . . . . . . . . . . . . . 12 11 . Casualty. . . . . . . . . . . . . . . . . . . . . . . . . . 14 12. Permitted Contests . . . . 13 . Conditional Limitations; .Default•Provisions . . . . . . . . 14 14 . Bankruptcy or Insolvency. . . . . . . . . . . . . . . . . . . . . 15 20 15 . Rights of Lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 16. Litigation Expenses . . . . . . . . . . . . . . . . . . . . . . 26 7 . Assignment and Subletting. . . . . . . . . . . . . . . . . . . . . . . . . . 26 18. Obligation to Subordinate. . . . . . . . . . . . . . . . . . . . . . . . . . 26 19 . Mortgage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 20. Notices, Demands and Other Instruments . . . . . . . . . . . . . 31 21 . Estoppel Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 22. No Merger. . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . . . . . 23 . Surrender. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 24 . Severability; Binding Effect; Amendments to be in Writing. . . . . . . . . . . . . . . .. 33 25. Governing Law. . . . . . . . . 34 26 . Headings and Table of Contents. . . . . . . . . . . . . . . . . . . . . 34 27. Easements . . . . . . . . . . . . ' . 34 28. . . . . . . . . . . . . . . . . . . . . . . Right of First Purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 . HoldingOver. . . . . . . . . 35 30. Non-Disturbance36 31. Exculpation. . . . . p . . 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32. Release of Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 33 . Quiet Enjoyment. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 34 . Schedules . . . . . . . . . . . . . . . . . . . . . . . . . 39 . . . . . . 40 LOCATION OF DEFINITIONS Basic Rent. . . . . . . . . . . . . . . . . . . . . . . . . . 4 (a) . . . . . . . . . . . . . . . . . . . Contracts . . . . . . . . . . 6 (d) . . . . . . . . . . . . . . . . . . . . . . . . Event of Default. . . . . " " " " ' . . . . . . . . . . . . . Initial Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . 3 Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal g 1 Re uirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Lender6(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10(a) Loan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mortgage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19(a) Mortgage Lender. . . . . . . . . . . . . . . . 19 (a) Net Lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1(c) Payment Dates . . . . . . . . . . . . . . . . . . . . . ' 4(a) (i) WP:CONNOLLY:JN031131.545b, .AA4 September 14. 1993 DI Permitted Exceptions . . . . . . . . . . . . . . . . . . . . . 1 (b) Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualified Mortgage. . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 1(a) Sublease. . . . . . . . . . . 18 Sublessee. . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 (c) (ii) r NP:CONNOLLY:JN037131.5458. .M4 September 14, 1993 01 Ground Lease, dated as of September , 1993 (this "Lease" ) , between John J. Nolan and Ernest A. Gralia, III, as Trustees of the Elm Mill Realty Trust, a Massachusetts realty trust (together with its successors and assigns, "Lessor" ) , under Declaration of Trust dated December 28, 1992, and recorded in the Essex North Registry of Deeds in Book 3675, Page 247, having an address at 200 North Main Street, East Longmeadow, Massachusetts 01028, and Ernest A. Gralia, III, Trustee of Elm Mill Realty Trust II, under Declaration of Trust of even date herewith (together with its successors and assigns, "Lessee" ) , having an address at 200 North Main Street, East Longmeadow, Massachusetts 01028 . 1 . Lease of Premises . (a) In consideration of the rents and covenants herein stipulated to be paid and performed by Lessee and upon the terms and conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, (i) the land described in Schedule A, Part I hereto (the "Land" ) , (ii) the respective easements, *rights and appurtenances bene- fitting the Land, (iii) the right to pass and repass to the Premises for pedestrian, vehicular and utility purposes, over the adjoining lands of the Lessor; and (iv) the right to use and enjoy at no additional cost to the Lessee a reasonable number of outdoor parking spaces, to be designated from time to time by Lessor, and to be located on the adjoining lands of Lessor (collectively, the "Premises" ) . No buildings or other improvements (including, but without limitation, the attachments and other affixed property) , now or hereafter located on the Land (1) r of WP:CONNOLLY:JNO37131.54581 .AA4 September 14, 1993 01 are covered by this Lease. Contemporaneously herewith Lessor is conveying to Lessee legal title to and possession of the building and other improvements, and it is the intention of Lessee and Lessor that the separation of title to the Premises from title to the improvements shall not change the character of the improvements as real property, but any personal property included in the -improvements shall not lose its character as such personal property. (b) The Premises are demised and let subject to the permitted exceptions ( "Permitted Exceptions" ) listed on Schedule A, Part II. 2. Use. Lessee may use the Premises for any lawful purpose. Lessee may build, demolish and alter any improvements as it sees fit on the Premises in compliance with law, all of which shall belong to Lessee until .the end of the term at which time they shall become, in their then-existing condition, the property of Lessor. 3. Term. The initial term (the "Initial Term" ) of this Lease shall be from September 15, 1993 through September 14 , 2092 . Provided Lessee is not in default hereunder beyond any applicable grace period, the term shall automatically be extended according to the terms set forth in Schedule B he reto, on all the terms and conditions hereof unless, not less than 120 days prior to the expiration of the Initial Term or the then-current Renewal Term, as the case may be, Lessee notifies Lessor that it is electing to have the term of this Lease terminate at the end of (2) WP:CONNOLLY:JN037131.54:,_.�.M4 September 14, 1993 01 /. the then-current term. For the purposes of this Lease, any Renewal Term shall be deemed to have been effectively exercised at such time as Lessee shall have expressly notified Lessor that it has elected to exercise such Renewal Term or, in the absence of such express notification, on the last day upon which Lessee shall have been permitted to notify Lessor of its election not to extend-as provided in the previous sentence. The Initial Term and each Renewal Term shall begin and end on the dates set forth. in Schedule B hereto. 4 . Rent. (a) Lessee shall pay to Lessor in lawful money of the United State as basic rent ( "Basic Rent" ) for the Premises the amounts set forth in Schedule B hereto on the dates ( "Payment Dates" ) set forth therein at Lessor's address as set forth above, or at such other address or to such other person as Lessor may from time to time designate. Rent for any partial period shall be calculated on the basis of a three hundred sixty (360) day year consisting of twelve ( 12) months of thirty (30) days each applied to the actual number of days for which rent is due. (b) All amounts that Lessee is required to pay pursuant to this Lease (other than Basic Rent, amounts payable upon any purchase of Lessor's interest in the Premises and amounts payable as liquidated damages pursuant to . paragraph 13 hereof) , together with every fine, penalty, interest and cost which may be added for non-payment or late payment thereof, shall constitute addi- tional rent. If Lessee shall fail to pay any such additional (3) r WP:C0NN0LLY:JN037131.54tPv11 .AA4 September 14, 1993 O1 rent when the same shall become due, Lessor shall have all rights, powers and remedies with respect thereto as are provided herein or by law in the case of non-payment of Basic Rent and shall, except as expressly provided herein have the right but not the obligation, toa the topay same on behalf of Lessee. Lessee shall pay to Lessor, as additional rent, interest at the lower of (i) the rate of 18% per annum or (ii) the maximum lawful rate permitted to be charged by a landlord against a defaulting ten- ant, on all overdue Basic Rent from the due date thereof until paid, and on all overdue additional rent paid by Lessor on behalf of Lessee from the date of payment by Lessor until repaid by Lessee.. Lessee shall pay all Basic Rent and additional rent when due, without notice, demand or offset except as otherwise specifically set forth herein. S. Net Lease. (a) This Lease is a net lease and (except as expressly provided in this Lease) , any present or future law to the contrary- notwithstanding, shall not terminate nor shall Lessee be entitled to any abatement, reduction, set- off, counterclaim, defense or deduction with respect to any Basic Rent, additional rent or other sumab a p y le hereunder, nor shall the obligations of Lessee hereunder be affected by reason of-, but not limited to, any of the following: any damage to or destruc- tion of the Premises or any part thereof; an taking Y ng of the Premises or any part thereof by condemnation or otherwise, except P as provided in paragraph 9 hereof; any prohibition, limitation, restriction or prevention of Lessee's use, occupancy or enjoyment (4 ) r • "' HP:CONNOLLY:JN037131.5% .i .AA4 September 14, 1993 01 �l of the Premises or any part thereof, or any interference with .such use, occupancy or enjoyment by any person other than Lessor; the impossibility or illegality of performance by Lessor, Lessee or both; any action of any governmental authority; or any other cause whether similar or dissimilar to the foregoing. The par- ties intend that the obligations of Lessee hereunder shall be separate and independent covenants and agreements and shall con- tinue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease. (b) Lessee shall remain obligated under this Lease in accordance with its terms and shall not take any action to termi- nate, rescind or avoid this Lease (except as expressly provided in this Lease) , notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting Lessor or any assignee of Lessor or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. Except as specifically provided herein. Lessee waives all rights to terminate or surrender this Lease, and to any abatement or deferment of Basic Rent, additional rent or other sums payable hereunder. 6. Taxes Assessments and Utilities• Compliance with Law and Contracts . (a) Lessee shall hold Lessor harmless against and shall pay or cause to be paid: (i) all taxes, assessments, levies, fees, water and sewer rents, charges, licenses, permit fees and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, (5) r OP:CONNOLLY:JN037131.5ti l.' .M4 September 14. 1993 Di which, at any time during the term hereof, (A) are imposed or levied upon or assessed against (1) the Premises, (2) any Basic Rent, additional rent or other sum payable hereunder or (3) this Lease or the leasehold estate hereby created or (B) arise in respect of .the operation, possession or use of the Premises; (ii) all taxes imposed or levied upon, assessed against or measured by any Basic Rent, additional rent or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any time levied, assessed or payable on account of the acquisition, leas- ing or use of the Premises; and (iv) all taxes, assessments, levies, charges, fees g . o rnts a e in 1 ' P Ym lieu of or as a substitute for the charges or payments referred to in clauses (i) through (iii) above or any part thereof. The foregoing is subject to paragraph 12 hereof . Lessee will furnish to Lessor, promptly after demand therefor, proof of payment of all items referred to above which are payable by Lessee. If any such tax, levy, assessment or charges may legally be paid in installments, Lessee may pay such tax, levy, assessment or charges in installments; in such event, Lessee shall be liable only for installments which become due and payable during the term hereof, apportioned to the end of the term of this Lease. (b) Except to the extent provided in paragraph 6 (a) (iv) above, nothing contained in this paragraph shall obligate Lessee to pay to or on behalf of Lessor, Lessor's assignee, transferee or successor (i) any United States federal tax on net income and items of tax preference or federal tax in lieu of a net income (6) t WN CONNOLM A037131.54Dut' .AA4 September 14, 1993 O1 tax; (ii) any state tax imposed on or measured by net income, or any state franchise or similar tax in lieu of a net income or franchise tax; (iii) any county, municipal or local tax imposed on or measured by net income; and (iv) any transfer, mortgage recording, income or capital gains taxes payable by Lessor upon sale or disposition by it of the Premises . (c) Lessee shall at its sole cost and expense comply with and cause the Premises to comply with p y h all laws, ordinances and regulations, and other governmental rules, orders and deter- minations now or hereafter enacted, made or issued, whether or not presently contemplated (collectively the "Legal Require- ments" ) , applicable to the Premises or the use thereof, including, but not limited to, those that require structural, unforeseen or extraordinary changes . Lessee shall not create or suffer to exist any public or private nuisance or hazardous or blighted condition on or with respect to the Premises . (d) Lessee shall duly and punctually observe e p rform and comply with the provisions of any Permitted Exception or other agreement consented to or caused by Lessee that is binding on Lessor, Lessee or the Premises and that affects the Premises or any part thereof or the ownership, occupancy or use thereof (collectively, the "Contracts" ) , and Lessee further covenants and agrees that it will not, directly or indirectly, do any act or suffer or permit any condition or thing to occur which would constitute a default under any of the Contracts . (7) ` f Np:CONNOLLY:JN037131.545d1 .M4 September 14, 1993 Ol 7. Liens . Subject to paragraph 12 hereof, Lessee will promptly remove and discharge, or cause to be removed and dis- charged, any charge, lien, security interest or other encumbrance upon the Premises or any Basic Rent, additional rent or other sum payable hereunder that arises for any reason, including any lien that arises out of the use or occupancy of the Premises or any part thereof, or any construction thereon, that would affect Lessor's interest in the Premises, but not including the liens and encumbrances set forth in Schedule A hereto and any other mortgage, deed of trust, charge, lien, security interest or encumbrance created by Lessor. Nothing contained in this Lease shall be construed as consti- tuting the consent or request of Lessor, express or implied,p , to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishingof any materials for any construction, alteration, addition, repair or demolition of or to the Premises or any part thereof. Notice is hereby given that Lessor will not be liable for any labor, ser- vices or materials furnished or to be furnished to Lessee, or to anyone holding the Premises or any part thereof through or under Lessee and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Lessor in and to the Premises. 8. Indemnification. Lessee shall defend all actions against Lessor and any officer, director, shareholder, agent g t or employee of Lessor with respect to, and shall pay, protect, (8) ' r i WN CONNOLM JN037131.5y 1 .AA4 September 14. 1993 D1 indemnify and save harmless Lessor and any officer, director, shareholder, beneficiary, trustee, agent or employee of Lessor from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys, fees and expenses ) , causes of action, suits, claims, demands or Judgments of any nature (other than those arising from Permitted Exceptions) to which Lessor and any officer, director, shareholder, .beneficiary, trustee, agent or employee of Lessor is subject that are attributable to or arise from (i) injury to or death of any person, or damage to or loss of property on or by reason of activity on the Premises or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy of any thereof, (ii) violation by Lessee of this Lease, (iii) any act or omission of Lessee or its agents, contractors, licensees, sublessees or invitees, and (iv) any contest referred to in paragraph 12. In case any action, suit or proceeding is brought against Lessor or any officer, director, shareholder, beneficiary, trustee, agent or employee of Lessor by reason of any occurrence herein described. Lessee will at its own cost and expense defend such action, suit or proceeding with counsel reasonably satisfactory -to Lessor. Nothing herein shall be construed as indemnifying Lessor or any officer, director, shareholder, beneficiary, trustee, agent or employee of Lessor against its own negligent or willful acts, unless such acts are deemed acts of such party by operation of law and provided that omissions shall not constitute such negligent or willful acts. (9) HP•:CONNOLLY:JN037131.5ti_1 .M4 September 14. 1993 D1 9 . Condemnation. (a) If the use, occupancy or title of the Premises or any part thereof is permanently taken, requi- sitioned or sold in, by or on account of any actual or threatened eminent domain proceeding or other action by any person having the power of eminent domain, each party may appear, at its own expense, in such proceeding or action to negotiate, prosecute and adjust any claim for any award or compensation as to its interest in the Premises so taken and each party, subject to the terms of any Qualified Mortgage (as hereinafter defined) , shall collect any such award or compensation made to it. Any award made in respect of any buildings or improvements shall belong solely to Lessee, and Lessee shall have the rights to make claim for its leasehold interest and any other claims allowable by law. Lessor will have the right to make claim for its residual interest in the Land. (b) After an occurrence of the character r referred to in subparagraph (a) above, this Lease shall continue in full force and effect, and each installment of Basic Rent shall be reduced by an amount determined by multiplying such installment of Basic Rent by a fraction, the numerator of which fraction shall be the number of square feet of land taken, and the denominator of which shall be the number of square feet of land subject to this Lease at the time of the condemnation. In the event of any temporary requisition, this Lease shall remain in full effect (without abatement) and subject to the terms of any Qualified Mortgage (as hereinafter defined) and Lessee shall be entitled to receive the (10) , r HP:CONNOLLY:JN037131.54__. .AA4 September 14, 1993 D1 entire net condemnation proceeds allocable to such temporary requisition, except that any portion of the net condemnation proceeds that -is allocable to .the period after the expiration or termination of the term of this Lease shall be paid to Lessor. (c) If an occurrence of. the character referred to in subparagraph (a) above shall affect all or such a substantial portion of the Premises as shall render the Premises unsuitable for restoration for continued use and occupancy in Lessee's busi- ness or otherwise, then, at Lessee's option, Lessee may, within sixty (60) days after such occurrence, deliver to Lessor (i) notice of its intention to terminate this Lease on the next Payment Date ( "Termination Date" ) which occurs after the delivery of such notice and (ii) a certificate by any general partner or officer of Lessee stating that Lessee has determined that such event has rendered the Premises unsuitable for restoration for continued use and oc cu an c P Y in Lessee' s business or otherwise. The condemnation proceedsnot ( including any award in respect of any buildings or q other improvements located on the Premises) and the rights thereto shall belong to Lessor and this Lease shall terminate on the Termination Date, except with respect to obligations and liabilities of Lessee hereunder, actual or contingent, which have arisen on or prior to the Termination Date but only upon a ent b P Ym y Lessee of all Basic Rent, . additional rent and other sums then due and payable hereunder to and including the Termination Date. (11) WP:CONNOLLY:JNO37131.5•._,1 .M4 September 14, 1993 D1 10 . Insurance. (a) Lessee will maintain or cause to be maintained insurance on the Premises of the following character: (1) General public liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and adjoining sidewalks, in the minimum amount of $5,000, 000 combined single limit for any one occurrence (without deductibles) , or in such greater amounts as are then customary for a property similar to the Premises. (2) Such other insurance, in such amounts and against such risks, as is required by the lender ( „Lender" ) under- each Qualified Mortgage. Such insurance shall be written by companies of nationally recognized financial standing legally qualified to issue such insurance, and shall name Lessor as an additional insured party and include Lessee as its interest may appear. (b) Every such policy required by paragraph 10(a) (2) shall bear a mortgagee endorsement in favor of Lender; and Any loss under any suchP hall olic s be Lender- ( or,payable to Lender` or if Lender does not require payment to it of such proceeds or if no Qualified Mortgage is in effect, to Lessor) . Every policy required by paragraph 10(a) shall provide that it will not be cancelled or amended except after 30 days written notice to Lessor and that (to the extent such provision is obtainable) it shall not be invalidated by any act or negligence of Lessor or (12) VP:CONNOLLY:JN037131.54adl .M4 September 14, 1993 O1 i Lessee, nor by occupancy or use of the Premises for purposes more hazardous than permitted by such policy, nor by any foreclosure or other proceedings relating to the Premises, nor by change in title to or ownership of the Premiges . It is understood and agreed that every policy referred to in subparagraph (a) above may be a blanket policy coverage other locations operated by Lessee provided that (i) such blanket policies otherwise comply with the provisions of this paragraph, and (ii) that such Policies shall provide for a reserved amount thereunder with respect to the Premises so as to assure that the amount of insurance required by the provisions of subparagraph (a) above will be available notwithstanding any losses with respect to other property covered by such blanke tolici P es . (c) Lessee shall deliver or cause to be delivered to Lessor and Lender duplicate originals of the applicable insurance Policies or original certificates thereof, satisfactory to Lessor, evidencing the existence of all insurance that is required to be maintained hereunder, such delivery to be made i at the time of execution and delivery hereof andii ( ) at least 30 days prior to the expiration of any such insurance evidencing renewal or replacement coverage: Lessee shall not obtain or carry separate insurance concurrent in form or contributing in the event of loss with that required by thisara P graph 10 unless Lessor is a named insured therein, with loss payable and a mortgagee endorsement as provided herein. Lessee shall immediately notify Lessor whenever any such separate P insurance is (13) I MP:CONNOLLY:JN037131.54__�' .M4 September 14, 1993 D1 obtained and shall deliver to Lessor the policies or certificates evidencing the same. 11. . Casualty. Unless otherwise expressly provided herein, neither Lessee nor Lessor shall have the rights to termi- nate this Lease if there is a casualty. All casualty insurance proceeds shall belong to Lessee subject to the terms of any Qualified Mortgage as hereinafter defined. 12. Permitted Contests . Notwithstanding any other provision of this Lease, Lessee shall not be required, nor shall Lessor have the rights, to pay, discharge or remove any tax, assessment, levy, fee, rent (except Basic Rent) , charge, lien or encumbrance, or to comply with any Legal Requirements applicable to the Premises or any part thereof or the use thereof, as long as Lessee or its designee is diligently and in good faith con- testing the existence, amount or validity thereof by appropriate proceedings which operate to prevent sale, forfeiture or loss of Lessor's interest in the Premises or any part thereof or any Basic Rent, additional rent or other sums payable under this Lease to satisfy the same, and which shall not affect the owner- ship, use or occupancy of the Property or the payment -of any Basic Rent, additional rent or any other sums payable under this Lease or otherwise materially adversely affect Lessor or any of its rights hereunder, and provided that such contest shall not subject Lessor to the risk of any criminal liability or any civil liability. Lessee shall either pay or cause to be paid such disputed amount under protest or given such reasonable security (14) r NP:CONNOLLY:JN031131.54,,,.i .M4 September 14, 1993 D1 as may be demanded by Lessor to insure ultimate payment of such tax, assessment, levy, fee, rent, charge, lien or encumbrance and compliance with Legal Requirements and to prevent any sale, for- feiture or loss of Lessor's interest in the Premises or part thereof or any Basic Rent or any other sums payable under this Lease by reason of such nonpayment or noncompliance. Lessee , further agrees that each such contest shall be promptly prose- cuted to a final conclusion, that it will hold and save Lessor harmless against any and all losses, judgments, decrees and costs (including all attorneys' fees and expenses) in connection there- with, and that it will, promptly after the final-- determination of such contest, fully pay and discharge the amounts which shall be levied, assessed, charged or imposed or be determined to be pay- able therein, together with all penalties, fines, interests, cost and expenses thereon or in connection therewith, and perform all acts the performance of which shall be finally ordered or decreed as a result thereof. Lessor agrees, at Lessee's sole expense, to cooperate with Lessee in any contest permitted hereby, to execute any documents relating thereto that are reasonably requested by Lessee and that do not materially affect Lessor or any of its rights hereunder, and to allow Lessee to bring any such contest, if legally required, in Lessor's name, provided that Lessee hereby agrees to indemnify Lessor against any loss damages or expense incurred by reason thereof. 13 . Conditional Limitations ; Default Provisions . (a) Any of the following occurrences or acts shall constitute an (15) M ` NP:CONNOLLY:JN037131.y"Al .AA4 September 14, 1993 D1 Event of Default under this Lease: (ij if Lessee (1) fails to pay any Basic Rent, additional rent or other sum required to be paid by Lessee hereunder and such failure shall continue 10 days after notice to Lessee of such failure, or (2) fails to observe or perform any other provision hereof and such failure continues for 20 days after notice to Lessee of such failure (provided, that in the case of any such default which cannot be cured by the payment of money and cannot with diligence be cured within such 20 day period, if Lessee shall commence promptly to cure the same and thereafter prosecute the curing thereof with diligence, the time within which such default may be cured shall -be extended for such period as is necessary to complete the curing thereof with diligence) ; or (ii) if Lessee files a petition commencing a vol- untary case under any Chapter of Title 11 of the United States Code (the Bankruptcy Code) , or for liquidation, reorganization or for an arrangement pursuant to any other federal or state bank- ruptcy law or any similar federal or state law, or shall be adjudicated a debtor or be declared bankrupt or insolvent under the Bankruptcy Code, or any other federal or state law as now or hereafter in effect relating to bankruptcy, insolvency, reorgani- zation, winding--up or adjustment of debts, or shall make an assignment for the benefit of creditors, or fails to pay its debts generally as they become due, or shall admit in writing its inability to pay its debts generally as they become due, or if a petition commencing an involuntary case under the Bankruptcy Code or an answer proposing the adjudication of Lessee as a debtor or (16) i WN CONNOLLY:JN037131.54581 .AA4 September 14, 1993 O1 a bankrupt or proposing its liquidation or reorganization pur- suant to the Bankruptcy Code, any other federal or state bank- ruptcy law or, any similar federal or state law shall be filed in any court and Lessee shall consent to or acquiesce in the filing thereof or such petition or answer shall not be discharged or denied within 60 days after the filing thereof; or (iii) if a custodian, receiver, U.S. Trustee, trustee or liquidator of Lessee or of all or substantially all of the assets of Lessee or of the Premises or Lessee's estate therein is appointed in any proceeding brought by Lessee, or if any such custodian, receiver, U.S. Trustee, trustee or liquidator shall be appointed in any proceeding .brought against Lessee and shall not be discharged within 60 days after such appointment; or if Lessee shall consent to or acquiesce in such appointment. (b) If an Event of Default shall have happened and be continuing, Lessor shall have the rights to give Lessee notice of Lessor's termination of the term of this Lease. Upon the giving of such notice, the term of this Lease and the estate hereby granted shall expire and terminate on such date as fully and completely and with the same effect as if such date were the date herein fixed for the expiration of the term of this Lease, and all rights of Lessee hereunder..shall expire and terminate, but Lessee shall remain liable as herein provided. (c) If an Event of Default shall have happened and be continuing, Lessor shall have the immediate rights, whether or not the term of this Lease shall have been terminated pursuant to (17) J � NP:CONNOLLY:JN037131.5•,JI .M4 September 14, 1993 D1 paragraph 13(b) , to re-enter and repossess the Premises by sum- mary proceedings, ejectment or any other legal action or in any other manner Lessor determines to be necessary or desirable and to remove all persons and property therefrom. Lessor shall be under no liability by reason of any such reentry, repossession or removal. No such re-entry or repossession of the Premises shall be construed as an election by Lessor to terminate the term of this Lease unless a notice of such termination is given to Lessee pursuant to paragraph 13(b) . (d) * At any time or from time to time, after the re- entry or repossession of the Premises pursuant to•paragraph 13(c) , . whether or not the term of this Lease shall have been terminated pursuant to paragraph 13(b) or otherwise, Lessor may (but shall be under no obligation to) re-let the Premises for the account of Lessee, in the name of Lessee or Lessor or otherwise, without notice to Lessee, for such term or terms and on such conditions and for such uses as Lessor, in its absolute discre- tion, may determine. Lessor may collect and receive any rents payable by reason of such reletting. Except as otherwise pro- vided by law, Lessor shall not be liable for any failure to re- let the Premises or for any failure to collect any rent due upon any such reletting. (e) No expiration or termination of the term of this Lease pursuant to paragraph 13(b) , by operation of law or other- wise, and no re-entry or repossession of the Premises pursuant to paragraph 13(c) or otherwise, ' and no reletting of the Premises (18) MP:CONNOLLY:JN037131.59 AI .AA4 September 14, 1993 D1 pursuant to paragraph 13(d) or otherwise, shall, except to the extent provided by law, relieve Lessee of its liabilities and obligations hereunder, all of which shall survive such expira- tion, termination, re-entry, repossession or reletting. (f) If Lessee's rights to' possession of the Premises has not been terminated (or if such rights has terminated because of any_ expiration or termination of the term of this Lease or re- entry or repossession of the Premises by reason of the occurrence of an Event of Default) the following remedy shall be available at law) : Lessee will pay to Lessor all Basic Rent, additional rent and other sums required to be paid by Lessee -to and including the date of such I' expiration, termination, re-entry or i repossession, if any; and, thereafter, Lessee shall, until the end of the period that would have been the term of this Lease (which shall not include any Renewal Terms except the then cur- rent Renewal Term, if applicable) in the absence of such expira- tion, termination, re-entry or repossession, and whether or not the Property shall have been re-let, be liable to Lessor for, and shall pay to Lessor, as liquidated and agreed current damages: (i) all Basic Rent, additional rent and other. r sums that would be payable under this Lease by Lessee in the absence of such expira- tion, termination, re-entry or repossession, less (ii) the net proceeds, if any, of any re-letting effected for the account of Lessee pursuant to paragraph 13(d) , after deducting from such proceeds all Lessor's expenses in connection with such re-letting (including, but not limited to, all repossession costs, brokerage (19) WP:CONNOLLY:JN037131.54561 .M4 September 14. 1993 D1 commissions, reasonable attorneys' fees and expenses incurred in connection with the termination of this Lease and with such re- letting, employees' expenses, alteration costs and expenses of preparation for such re-letting) . Lessee will pay such current damages on the days on which Basic Rent would have been payable under the Lease in the absence of such expiration, termination, re-entrzy or repossession, if any, and Lessor shall be entitled to recover the same from Lessee on each such day. 14 . Bankruptcy or Insolvency. (a) If Lessee shall become a debtor under Chapter 7 of the Bankruptcy Code and Lessee's trustee or Lessee shall elect to assume this Lease for the purpose .of assigning the same or otherwise, such election and assignment may be made only if all of the provisions of para- graphs 14 (b) and 14 (d) are satisfied. If Lessee or Lessee's trustee shall fail to elect to assume this Lease within 60 days after the filing of a petition or such additional time as pro- vided by the court within such 60 day period, this Lease shall be deemed to have been rejected. Immediately thereupon, Lessor shall be entitled to possession of the Premises without further obligation to Lessee or Lessee's trustee and this Lease shall terminate, but Lessor's rights to be compensated for damages in any such proceeding shall survive. (b) If a petition for reorganization or adjustment of debts is filed concerning Lessee under Chapter -ll of the Bank- ruptcy Code, or a proceeding is filed under Chapter 7 of the Bankruptcy Code and is transferred to Chapter 11, Lessee's (20) , r HP:CONNOLLY:JNO31131.5gD81 .AA4 September 14, 1993 D1 trustee or Lessee, as debtor-in-possession, must elect to assume this Lease within the earlier of (1) confirmation of the plan or (2) 120 days from the date of the filing of the petition under Chapter 11 of such transfer thereto, or Lessee's trustee or Lessee, as debtor-in-possession, shall be deemed to have rejected this Lease. If Lessee's trustee or Lessee, as debtor-in- possession, has failed to perform all of Lessee's obligations under this Lease within the time periods (excluding grace per- iods) required for such performance, no election by Lessee's trustee or by Lessee, as debtor-in-possession, to assume this Lease, whether under Chapter 7 or Chapter 11, shall be effective unless each of the following conditions has been satisfied: (1) Lessee's trustee or Lessee, as debtor-4n- possession, has cured, or has provided Lessor with Assurance (as defined below) that it will cure, (i) all monetary defaults under this Lease within 10 days from the date of such assumption, and (ii) all non-monetary defaults under this Lease within 30 days from the date of such assumption; (2) Lessee's trustee or Lessee, as debtor-in- possession, has compensated, or has provided lessor with Assur- ance that within 10 days from the date of such assumption it will compensate Lessor for any actual pecuniary loss incurred by Lessor arising from the default of Lessee as debtor-in-possession or Lessee's trustee indicated in any statement- of actual pecun- iary loss sent by Lessor to Lessee's trustee or to Lessee, as debtor-in-possession; and (21) 0:CONNOLLY:JN037131.54bux .M4 September 14, 1993 D1 (3) Lessee's trustee or Lessee, as debtor-in- possession, has provided Lessor with Assurance of the future performance of each of the obligations under this Lease of Lessee Lessee s trustee or Lessee as debtor-in- possession, and has (i) deposited with Lessor, as security for the timely payment of rent hereunder, an amount equal to three monthly installments of Basic Rent and (ii) paid in advance to Lessor on the date Basic Rent is due and payable one-twelfth of Lessee's annual obligations for additional rent pursuant to this Lease. The above obligations imposed upon Lessee's trustee or Lessee, as debtor-in-possession, shall continue with respect to Lessee or any assignee of Lessee's interests in this Lease after the completion of bankruptcy proceedings . For purposes of this paragraph 14, Lessor and Lessee acknowledge and agree that "Assurance" shall mean no less than that each of the following conditions has been satisfied; (i) Lessee's trustee or Lessee, as debtor-in-possession, has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure Lessor that sufficient funds will be available to fulfill the obligations of Lessee under this Lease and (ii) the Bankruptcy Court shall have entered an order segregating sufficient cash payable to Lessor, and/or Lessee's trustee or Lessee, as debtor- in-possession, shall have granted a valid and perfected first lien and security interest and/or mortgage in property of Lessee, Lessee's trustee or Lessee, as' debtor-in-possession, acceptable (22) WN CONNOLLY:JN031131.54ao1 .M4 September 14, 1993 01 as to value and kind to Lessor and Lender, to secure to Lessor and Lender the obligation of Lessee's trustee or Lessee, as debtor-in-possession, to cure the defaults under this Lease, monetary and non-monetary, within the time periods set forth above. (c) If this Lease is assumed in accordance with para- graph -14(b) and thereafter Lessee is liquidated or files or has filed against it a subsequent petition for reorganization or adjustment of debts under Chapter 11 of the Bankruptcy Code, Lessor may, at its option, terminate this Lease and all rights of Lessee hereunder, by giving Lessee notice of its election so to terminate within 30 days after the occurrence of either of such events . (d) If Lessee's trustee or Lessee, as debtor-in- possession, has assumed this Lease pursuant to the terms and Provisions of paragraphs 14(a) or 14 (b) for the purpose of assigning (or elects to assign) this Lease, this Lease may be so assigned only if the proposed assignee has provided adequate assurance of future performance of all of the terms, ,covenants and conditions of this Lease to be performed by Lessee. Lessor shall be entitled to receive all cash proceeds of any such assignment. As used herein, "adequate assurance of future performance" . shall mean no less than that each of the following conditions has been satisfied: ' (1) The proposed assignee has furnished Lessor with either (i) a current financial statement audited by a certified public (23) " WN CONNOLLIA037131.545vi .AA4 September 14, 1993 Di accountant indicating a cash flow that "'Lessor reasonably deter- mines to be sufficient to assure the future performance by such assignee of Lessee's obligations under this Lease or (ii) a guar- antee- or guarantees in form and substance satisfactory to Lessor from one or more persons with sufficient cash flow to meet all current obligations plus obligations under this Lease; and (2) Lessor has obtained all consents or waivers from others required by any lease, mortgage, financing arrangement or other agreement by which Lessor is bound to permit Lessor to consent to such assignment. (e) When, pursuant to the Bankruptcy Code, Lessee's trustee or Lessee, as debtor-in-possession, shall be obliged to pay reasonable use' and occupancy charges for the use of the Premises, such charges shall not be less than the Basic Rent and additional rent payable by Lessee under this Lease. (f) Neither the whole nor any portion of Lessee's interest in this Lease or its estate in the Premises shall pass to any U.S. trustee, receiver, assignee for the benefit of cre- ditors, or any other person or entity, or otherwise by operation of law under the laws of any state having jurisdiction of the person or property of Lessee unless Lessor and Lender shall have. consented to such transfer in writing. No acceptance by Lessor or Lender of rent or any other payments from any such U.S. trustee, * receiver, assignee, person or other entity shall be deemed to constitute such consent by Lessor and Lender nor shall it be deemed a waiver of Lessor's rights to terminate this Lease ( 24) WP:CONNOLLY:JN037131.5,Al .M4 September 14, 1993 0V, for any transfer of Lessee's interest under this Lease without such consent. 15 . Rights of Lessor. (a) No rights or remedy here- under shall be exclusive of any other rights or remedy, but shall be cumulative and in addition to any other rights or remedy here- under or provided by law, now or hereafter existing. Failure to insist upon the strict performance of any provision hereof or to exercise any option, rights, power, or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Lessor of any Basic Rent, additional rent or other sum payable hereunder with knowledge of the.breach of any provision hereof shall not constitute a waiver of such breach, and no waiver of any provision hereof shall be deemed to have been made unless made in writing. Lessor shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to lessor in equity or at law. (b) Lessee hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any rights -and privilege which it or any of them may have to redeem the Premises or to have a continuance of this Lease after , termination of Lessee's rights of possession b order or judgment d ent 7 9m of any court or by any legal process or writ, or under the terms of this Lease, or after the termination of the term of this Lease as herein provided, and (ii) the benefits of any law that exempts property from liability for debt or for distress for rent. (25) ' NP:CONNOLLY:JN031131.544.,1 .AA4 September 14, 1993 01 16 . Litigation Expenses . If Lessor shall be made a party to any third-party litigation commenced by or against Lessee and Lessee shall fail to provide Lessor with counsel rea- sonably satisfactory to Lessor and pay the expenses thereof, Lessee shall pay all costs and reasonable attorneys ' fees and expenses incurred by Lessor in connection with such litigation. 17 . Assignment and Subletting. Lessee may lease all 1 •r any part of the Premises or assign all or any part of its inter- est hereunder. No such assignment or lease of the Premises shall modifyor limit any or right ower g p of Lessor hereunder or affect or reduce any obligation of Lessee hereunder, and -all such obli- gations bligations shall continue in full- force and effect as obligations of a principal and not of a guarantor or surety, as though no assignment.-or leasing ng had been- . made, provided, however, that upon assignment by Lessee of its entire interest hereunder Lessee shall be relieved of any liability hereunder thereafter arising. Any assignee of this Lease shall assume in writing the obliga- tions hereunder, and an executed' original thereof shall be deli- vered to Lessor. Lessee shall, within 10 days after the execu- tion of any such lease or assignment, deliver a conformed copy thereof to Lessor. 18. Obligation to Subordinate: If required by any one or more institutional lenders of indebtedness (any such loan, including, without limitation,. being herein called a "Qualified Mortgage" ) , Lessor shall subordinate its fee estate in the Premises to the lien of the Qualified Mortgage, provided that (a) (26) t t L. r NP:CONNOLLY:JN037131.545oiL J.AA4 September 14, 1993 O1 Lessor shall assume no personal liability for the payment of any principal, premium or interest on the debt secured thereby or for the performance of any other obligations contained therein; (b) the aggregate annual debt service payable under the Qualified Mortgage does not exceed the Basic Rent payable by Lessee (or substitute tenant) unless the payment of any excess is secured by a letter of credit for the benefit of the lender under the Qualified Mortgage; and (c) the Qualified Mortgage must contain adequate notice and grace period provisions, provisions permitting the use of casualty insurance proceeds and condemnation awards to be utilized to restore the .Premises and improvements to their value prior to such loss. 19 . Mortgage. The following provisions shall apply with respect to any mortgage or deed of trust coverage Lessee's estate hereunder: (a) This section is for the benefit of any Mortgage Lender, as hereinafter defined. Lessee may at any time execute and deliver one or more mortgages or deeds of trust (each a "Mortgage" ) , without the consent. of the Lessor. If either Lessee or the mortgagee, grantee or ,corporate trustee under any such mortgage shall send Lessor a notice advising of the existence of such Mortgage and the address of the mortgagee, grantee or corporate trustee thereunder for the service of notices, such mortgagee, grantee or corporate trustee, and any mortgagee, grantee or corporate trustee under a Qualified Mortgage, shall be deemed to be a "Mortgage Lender. " Lessor shall be under no obli- (27) WN CONNOLLY:JN037131.54561 .M4 September 14, 1993 O1 gation under this paragraph to any mortgagee, grantee or corpo- rate trustee under a Mortgage (except a Qualified Mortgage) of whom Lessor has not received such notice. b If a n Event of Default( ) 1 shall occur, written notice to that effect shall be sent by Lessor to each Mortgage Lender and Lessor shall take no action with respect to such Event of Defaultr rovided that: (i) If such Event of Default shall be a default in the payment of any Basic Rent, additional rent or other sum here- under, such Mortgage Lender shall remedy such default not later than 30 days after the receipt- of such notice; or . "If such Event of -Default shall be a default in observing or performing any other covenant or condition to be observed or performed by Lessee hereunder, such Mortgage Lender shall remedy such Event of Default not later than 60 days after the giving of such notice, provided that in the case of an Event of Default which cannot with diligence be remedied, or the remedy of which cannot be commenced.,* within such period of 60 days, such Mortgage Lender shall. have. such ..additional period as may be necessary to remedy such Event of Default with diligerrce and continuity. (28) 1+, in the vvent. that Lessae sha11 default under any of the provisions of thi• Lease, the Mortgage Lfndw, Yithout preju- dice to its rights against IAssOe, shall have the rights to make good such default within the applicable grace periods provided for in the preceding section of this paragraph Whether the sane emsiats of the fa.iluse to paT KAY Rosa flue under this :,face or the failure to perfQrX arp otber matter or thing whieb Lessee is bareby requited to do or perfo=, and Lessor shall aootpt such pertormano•e on the part of the XArtgage Leader as tbouO. the same had been done or pOrformod by Lease*. Tor such purpose LesSOS Rud S.assee hereby authorise the xcstgage Landes to Omar upon the PrOnisee and to exercise any of the Lessee's rights and powers uodar this L&A96 r andr subject to tha provioLms of We Leaser under its Mortgage. Upon cos plianoe With the fox"Ci.ng, any uotiae Of Lessor advisiuq of any amok Ieept of Default shall be deacmd rescinded and this Lease sball oon Lnue is lull terra am offs*ct. (a) If any xortgage Lardtr or a person destp=tsd by such Mortgage Lender shall either bfc=w the owrs&t of the i t I i t czfs � iaterOft of Leasee hereunder upon the izercise of any renedy provided for in the Kortgage, or shall ;anter into a new lease 1 lt with Lessor as provided in subsection (d) below, tvCh'YortgaQs Lander or such person shall have the rights to assign to any person such interest or tua new lease upon notice to Lsssbr, i � withoct obtaining the consent or approval of Lessor. (d) Zf this Lease shell tezmiaat& for any reason or be res acted or disaffirmed p=zuant to auy bankruptcy lav or any other lav affecting creditors' rights, any mortgage Lender, or a person desigaated by such xortgag4! Lerida=, shall hart the rights, exercisable: by notice to Lessor within io da after the effactiye date of such terminatlon, to enter into a now lease of thA PrOmLres with L Lsso=, The team of said now lease shall begin CM the date of the fitesaimation o; this Lease and shall continue for the remainder a= the to= of this Lease. su4ahi a" lease shall otherwise contain the same terms and coaditioas as those sat forth harsi.a, incept for ruquirsmants that have already boon Parf ormad, provided that such lortgage IQz shall have remedied II all daiaolts oto the part of Losses her+owsder which are susoep• table of being remodied by the parmat of ammy, asd provided furthcr�that z=b �aw lease shall req'%Axo the Lessee thsr.uader i preaq?tly to oonken�e, and expeditSonsly to contirna, to rowdy all othir 4etaults ion the part cf Lose" h=eundsr to the an4wt j susceptible of be remedied. It is the Lnt*Athom of the I parties hareto that such now lease shall have the same priority relative to other rights or interests to or 1A tbs fee estate in 1 � i ` GIP:CONNOLLY:JN037131.545.._1.M4 September 14. 1993 Dl the land covered by this Lease as this Lease. The provisions of this subsection (d) shall survive the termination of this Lease and shall continue in full force and effect thereunder to the same extent as if this subsection (d) were a separate and independent contract among Lessor, Lessee and each Mortgage Lender. From the date on which any Mortgage Lender shall serve upon the Lessor the aforesaid notice of the exercise of its rights to a new lease, such Mortgage Lender may use and enjoy the Premises without hindrance by Lessor. (e) No surrender (except a surrender upon the expiration of the term of this Lease) by Lessee to Lessor of this Lease, ,or of the Premises or any 'part thereof, or of any interest therein, and no termination of. this Lease may occur except as expressly provided herein, nor may any of the terms hereof - be amended, modified, changed or cancelled without the prior written consent of the Mortgage Lender. (f) No Mortgage Lender shall become personally liable for the performance or observance of any covenants or conditions to be performed or observed by Lessee unless and until such Mort- gage Lender becomes the owner of Lessee's interest hereunder upon the exercise of any remedy provided for in any Mortgage. 20. Notices, Demands and Other Instruments . All notices, offers, consents and other instruments given pursuant to (31) ' WP:CONNOLLY:JNO37131.54581 .M4 SePtember 14. 1993 01 j this Lease shall be in writing -and shall be validly given when hand delivered or mailed by prepaid registered or certified mail, return receipt requested,ted or by messenger or courier service guaranteeing overnight delivery. postage prepaid, to the party to be notified. (a) if to Lessor, addressed to Lessor at its address ss set forth above marked to the attention of Ernest A. Gralia III, and (b) if to Lessee, addressed to Lessee at its address set forth above marked to the attention of Ernest A. Gralia, Jr. Notices shall be effective upon receipt and if mailed,P , ailed, shall be presumed received three business days after being deposited, postage prepaid, in the United States mail.ail. Lessor and Lessee each may from .t' Y ime to time specify, by giving written notice to the other party, (i) any other address as its address for Purposes of this Lease and (ii) any other person or entity that is to receive copies of notices, offers, consents and other instruments hereunder. 21. Estoppel Certificates . Lessor and Lessee will, from time to time, upon twenty (20) days prior request by other, execute, acknowledge and deliver to the requestingart party a certificate signed b du g y ly authorized officer or gener- al partner, as the case may be, stating that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect as modified, and setting forth such modifications) and the dates to which Basic Rent, additional rent and other sums payable hereunder have been paid, and either stating that to the knowledge of the signer of such (32) .WP:CONNOLLY:JN037131.54S 1 AA4 . , September 14, 1993 01 certificate no default exists hereunder or specifying each such default of which the signer has- knowledge. Any such certificate may be relied upon by any actual or prospective mortgagee or purchaser of the Premises . 22. No Merger. There shall be no merger of this Lease or of the estate hereby created with any other estate in the Premises by reason of the fact -that the same person acquires or holds, directly or indirectly, this Lease or the estate hereby created or any interest herein or in such estate as well as any other estate in the Premises or any interest in such other estate. 23 . Surrender. Upon the expiration or earlier termination of the term hereof, Lessee shall surrender the Premises to Lessor in the condition in which the Premises were originally received from Lessor, except that Lessee may surrender the Premises with the then-existing buildings, structures or other improvements thereon (provided they are not in violation of any applicable building code or public health regulation) , in which case such buildings, structures or improvements shall be deemed abandoned by Lessee and .shall become the property of Lessor. Lessee may surrender the Premises with all, less than all or none of the improvements located thereon at the commence- ment of this Lease or thereafter added. 24 . Severabilit • Bindin Effect• Amendments to be in Writing. Each provision hereof shall be separate and independent and the breach of any such provision by Lessor shall not (33) MP:CONNOLLY:JN037131.545b. :AM September 14. 1993 D1 discharge or relieve Lessee from its obligations to perform each and every covenant to be performed by Lessee hereunder. If any provision hereof or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remaining provisions hereof, or the application of such provision , to persons or circumstances other than those se as to which it is invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforceable to the extent permitted by law. All provisions contained in this Lease shall be binding upon, inure to the benefit of, and be enforceable by, the respective successors and assigns of Lessor and Lessee to the same extent as if each such successor and assign were named as a party hereto. This Lease may not be changed, modified or dis- charged except by a writing signed by Lessor and Lessee. 25 . Governing Law. This Lease shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts . 26 . Headings and Table of Contents. The headings of the various paragraphs herein and the table of contents have been inserted for convenient reference only and shall not to any extent have the effect of modifying or amending the express terms and provisions of this Lease. 27 . Easements. Lessor and Lessee agree that from time to time during the term hereof Lessee may grant easements affect- ing portions of the Premises and enter into agreements with respect thereto provided that, as to any such easement or agree- (34) kP:CONNOLLY:JNO37131.54581 .M4 September 14. 1993 D1 ment that would not terminate upon the termination of this Lease, Lessee must obtain the approval of Lessor, which approval shall not be unreasonably' withheld or delayed. Lessor agrees g s tor g ant such approval and to join in the execution of any agreement or other document that may be reasonably necessary or desirable in connection therewith so long as such agreement or document (a) is reasonably necessary for the development, operation, use or main- tenance of the Premises or any improvement located thereon; (b) does not materially adversely affect the value or use of the Premises; and (c) does not impose any liability on Lessor other than liability bility which shall be assumed by Lessee under this Lease. 28 . Right of First Purchase. (a) If, at any time during the Primary Term or any Extended Term of this Lease, Lessor desires to sell the Premises, Lessor shall promptly trans- mit to Lessee its written offer to sell the Premises to Lessee specifying the terms and conditions under which it is willing to sell the Premises to a third party. Lessee shall have 60 days within which to accept such offer. If Lessee shall accept such offer by written notice to Lessor within such time, such offer and acceptance shall constitute a contract between them for the sale by Lessor and the purchase by Lessee of the Premises and shall not thereafter be subject to rejection b either er party. Closing shall 1 take place as set forth in paragraph 28(b) . If the offer to sell is not so accepted by Lessee, then Lessor may sell the Premises to any third party purchaser on terms no less favorable to the seller than those presented to (35) WNCONNOLLYWHO31131.54581 .M4 September 14, 1993 D1 Lessee. Any such sale and transfer must be consummated within 180 days following the expiration of the time hereinabove provided for 'the acceptance by Lessee. If the Premises are sold to a th' irda p rty, the sale shall be subject to this Lease and all of the provisions hereof, including, without limitation, this rights of first purchase. (b) Upon the date fixed for any purchase of the 'Premises hereunder, Lessee shall pay to Lessor the purchase price therefor together with all Basic Rent, additional rent and other sums then due and payable hereunder to and including such date of purchase, and Lessor shall deliver to Lessee a quitclaim to the Premises . Costs and expenses of the transfer of title will be paid as provided in the offer that Lessee accepted or, if such offer did not include such details, according to local custom. Upon the completion of such purchase. but not prior thereto this Lease and all obligations g hereunder shall terminate, as between the parties, except with respect to obligations and liabilities of Lessee hereunder, actual or contingent,g , which have arisen on or prior to such date of purchase. 29 . Holding Over. If - Q Lessee remains in the possession of the Premises after the expiration of the Initial Term, or if exercised, any Renewal Term, such continued possession shall, if rent is paid by the Lessee and accepted by Lessor, create a month-to-month tenancy on the terms and conditions herein speci- fied and at a Basic Rent equal to the Basic Rent applicable to the month prior to the expiration of such Initial Term or Renewal (36) ,NP:CONNOLLY:JN031131.54. 1.AA4 September 14, 1993 D1 .Term (as the case may be) , and said tenancy may be terminated at any time by either party by. thirty (30) days prior written notice to the other party. 30. Nondisturbance. If at any time during the term hereof, (a) Lessee enters into a lease or successive leases of the Premises with (i) tenant(s) having 'a net worth at least ten (10) times the annual Basic Rent and additional rent then payable hereunder plus the annual debt service under any indebtedness secured by the Premises then payable by Lessee or (ii) whose obligations thereunder are unconditionally guaranteed by a party having such a net worth, or (iii) who have entered into a sublease with subtenant(s) meeting the foregoing criteria, (b) such s sublease ( ) do not extend beyond the term o f this_ Lease, as it may be -extended pursuant to the terms hereof, and provide for basic and additional rent at least equal to the Basic Rent and additional rent payable hereunder, (c) the rent under such sublease(s) is wholly net to the sublessor thereunder, (d) such sublease(s) contain default provisions at least as onerous as those contained in the Lease being replaced, and (e) the other terms of such sublease(s) are not materially less favorable to the sublessor thereunder than those that would have then been in effect under the Lease being replaced, then as long as the tenant(s) are not in default under their respective subleases, their rights and privileges thereunder and to the possession and quiet enjoyment of the Premises shall not be disturbed by Lessor. If such successor sublease(s) are entered into, all references (37) NP:CONNOLLY:JN031131.54581 .M4 September 14, 1993 D1 herein to sublessee and the sublease (and provisions thereof) shall be deemed to refer to -the successor tenant(s) and the successor leases(s) (and the corresponding sections thereof) . 31 . Exculpation. If Lessor shall recover a money judg- ment against Lessee, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied-thereon against the rights, title and interest of Lessee in the Premises and improvement thereon and out of rents or other income from such property receivable by Lessee, or out of the consideration received by Lessee from the sale or other disposi- tion of all or any part of Lessee's rights, title .and interest in the Premises and improvements thereon, and neither Lessee nor any partner, officer, director, shareholder, agent or employee of Lessee or of any partner of Lessee shall be personally liable for any judgment or deficiency. 32. Release of Land. Lessee agrees, upon the request of Lessor, to execute all documents necessary to release from this Lease one or more portions of the Land upon which no build- ing is erected, provided that the lender holding any mortgage on the Premises consents thereto, and provided further that the Land remaining subject to this Lease, will (i) be capable of being operated independently of the released portions, (ii) have ade- quate access to and from public streets and easements for the maintenance of all utilities, (iii) constitute 'a legal lot and a separate tax lot, (iv) provide sufficient parking for the Improvements, and (v) not be in violation of any Contract in (38) MP:COMLY:JN037131.54581 .M4 Septenber 14, 1993 D1 i existence on the date hereof or consented to by Lessor or any Legal Requirement. Simultaneously with the release, Lessor shall execute a certificate certifying that the representations made in clauses (i) , (ii) , (iii) , (iv) and (v) above are accurate as of the date of such release. Lessee will not be entitled to any payment for such release, but the release will be at the sole cost and expense of Lessor, and Lessor will reimburse Lessee for all of Lessee's expenses in connection therewith, including attorneys ' fees and any amounts payable pursuant to any Qualified Mortgage. The release will cause no change in the terms and conditions of this Lease, including rental, except for the definition of "Land" and "Premises" . Lessee will also grant to Lessor, and to any designee of Lessor (but subject to the lien of any then-existing mortgage unless the mortgagee thereunder joins in the execution of such easement) , such easements as Lessor may reasonably request that are necessary for the development and use of the released Land provided that the value and use of the remaining Premises are not materially adversely affected thereby. The maintenance of any such easement will be borne by Lessor. 33 . Quiet Enjoyment. So long as Lessee pays the Basic Rent, additional rent and any other sums payable hereunder as the same became due and fully complies with all of the terms of this Lease and fully performs its obligations hereunder, and so long as no default or Event of Default has occurred and is continuing, Lessor covenants that, subject to the terms of this Lease and to Permitted Exceptions, neither Lessor nor anyone claiming by, (39 ) VP: l � . . 1M September 14. 1993 01 through or under Lessor shall interfere".with Lessee's peaceful and quiet enjoyment of the Property. No failure by Lessor to comply with the foregoing covenant shall give Lessee any right to cancel or terminate this Lease or to abate, reduce or make a deduction from or offset against the Basic Rent, additional rent or any other sum payable under this Lease, or to• fail to perform any other obligation of Lessee .hereunder. 34. Schedules . Attached hereto are Schedules A and B referred to in this Lease, which Schedules are hereby incor- porated by reference in this Lease. IN WITNESS WHEREOF. the parties hereto have caused this Lease to be executed as of the date first above written. ELM MILL REALTY TRUST Lessor (SEAL) By: J By. Attest: o n J. Nolan Tru tee as ore aid a d not in ually (SEAL) ,r B ^�- Attest: ( E e t A. a ia, III, Trus e as aforesaid and not individually _ ELM MILL REALTY TRUST II Lessee (SEAL) Attest: , By ! ,: Ernest f A. ra ia, III Truste as aforesaid and not individually (40) 41P:CONNOLLY:JN037131.545. 11M4 September 14, 1993 D1 SCHEDULE A PART I LEGAL DESCRIPTION Beginning at a point marking the most northwesterly corner of the land to be leased, said beginning point being 126 .74 feet from and perpendicular to the southeasterly boundary line, common with the Town of North Andover, of' the parent parcel shown as 13 . 17 acres on a plan entitled, "Plan"of�, Land in North Andover, Mass . prepared for RECOLL Management, Corporation (Osgood Mill Property) Scale 1"=401 P Y) 0 , dated August 14 , •1992 re Associates, Inc. , Topsfield, :-Mass-. n � prepared by Thomas E. Neve thence turning and ruhning 'S 30'=02'-32" E, 65. 00 feet to a point; thence turning and running N 590-57 '-28" E, 40.40 feet to a point; thence turning and running N 300-02'-32" W, 65.00 feet to a point; int thence turning and running S 590-57'-28" W, 40.40 feet to a point of the beginning. Said land containing 2626 square feet,t, more or less Meaning and intending to describe a parcel of land which extends two feet beyond the outside face of wall of the existing one story wood on two story granite building as shown on saidplan being a portion of the land in' that certain deed to Lessor dated December 30, 1992 and recorded in the Essex North Registry of Deeds in Book 3675, Page 255 : (41) NP:CONNOLLY:JN031131.545. .AA4 September 14, 1993 D1 . SCHEDULEA PART II PERMITTED, EXCEPTIONS 1 . Non-delinquent real property taxes and special assessments, if 2. The rights of any 'parties- in possession. 3. Any state of facts that an accurate survey or physical inspection of the Premises might show. 4 . All zoning laws, rules and regulations, building restrictions and other laws and ordinances, now in effect or hereafter adopted by any governmental authority having jurisdiction. 5. [To follow from title'commitment] . (42) •_ ±JU,N-30-98 TUE 15:54 Th,.0RAL I A GROUP FAX NO. 1413' 1313 P. 02 ' WNTarrlcone JH037131 .M5 ' 33 M-- NOTICE OF LEASE Notice is hereby given, pdrsuant to the provisions of Chapter 183 Section 4 of the General Laws of Massachusetts, of 'the following lease dated September 15, 1993 (the "Lease" ) : C� LESSOR: John J. Nolan and Ernest A. Gralia, III, Trustees of Elm Mill Realty Trust, under Declaration of Trust dated December 28, 1992 CD and recorded with the Essex North Registry of Deeds in Book 3675, Page 247. LESSEE: Ernest A. Gralia, III, Trustee of Elm Mill Realty Trust II, under Declaration of Trust dated September 15, 1993 and recorded herewith 200 North Main Street Street East Longmeadow, MA DATE OF EXECUTION OF LEASE: September 15, 1993 DESCRIPTION OF DEMISED PREMISES: Lease of a portion of the premises located at 1fi6 Elm Street, North Andover, Massachusetts (the "Premises" ) consisting of approximately "vn' 2626 square feet together with the building and improvements located thereon as more partially described in Exhibit A hereto. The Premises are currently shown as a portion of the land shown on a plan entitled "Plan of N Land in North Andover, Mass. prepared for --�, RECOLL Management Corporation (Osgood Mill Property) Scale 1"=401 , dated August 14, 1992, w prepared by Thomas E. Neve Associates, Inc. , Topsfield, Mass. m TERM OF LEASE: Ninety-nine years (99) years commencing on I September 15, 1993 and terminating z September 14, 2092, unless sooner terminated, renewed or. extended. RIGHTS Or O EXTENSION OR RENEWAL, ETC. : No renewal or extension options. m Ea .JU14-30-98 TUE 15:54 THS ''pAL 1 A GROUP FAX NO. 1413F '. 313 P. 03 w-larricone JRD37131 .M5 OTHER PROVISIONS: Said Leake cbntains••additional rights, terms and conditions not enumerated in this instrument. This instrument is executed pursuant to the provisions of said Lease and is not intended to vary said rights, terms and conditions. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this 15th 'day of September, 1993 . LESSOR: ELM MILL REALTY TRUST BY: Ind No n, as Trustee t individually By: ..� E es Gralia, III, as Trustee and not individually LESSEE: ELM MI L EALTY TRUST II r By: rnest A. Gralia, III, a Trustee and not individually COMMONWEALTH OF MASSACHUSETTS Essex, Gs September 15, 1993 Then personally appeared the above named John J. Nolan and acknowledged the foregoing instrument to be his free act;,eer deed, as Trustee aforesaid, before me ,::�`�#T'-Y'J �,� • r , :VC Notary Public ' My Commission Expires: 2 JUN-30-98 TUE 15:55 TH. �ALIA GROUP FAX N0. 14135"`)313 P. 04 • •JUN-30-98 WNIarricone JH037131 .M5 J COMMONWEALTH tit MASSACHUSETTS Hampden, ss September 15, 1993 Then personally appeared the above named Ernest A. Gralia and acknowledged the foregoing instrument to be his free act and deed, as Trustee aforesaid before'me : e Notary ubli My Co ssion Expiress 3 ' JUN-30-98 TUE 15;55 TF 1?RAL1A GROUP FAX N0, 1413r 9313 P, 05 r Wi0arrlcone J11037131 .M5 i 36 EXHIBIT A 1 To the Notice of .Lease between ' John J. Nolan and Ernest A. Gralia, III Trustees of film Mill Realty: Trust: and Ernest A. Gralia, III Trustee.of e Elm Mill Realty Trust II ; LEGAL•.,DESGRIPTIO Beginning at a point marking the most northwesterly corner of the land to be leased, said beginning point being 126.74 feet from and perpendicular to the southeasterly boundary line, common with the Town of North Andover, of the parent parcel shown as 13.17 acres on a plan entitled, "Plan of Land in North Andover, Mass. prepared for RECOIL Management Corporation .(Osgood Mill Property) Scale 1"=40' , dated August 14, 1992, prepared by Thomas E. Neve Associates, Inc. , Topsfield, Mass. " thence turning And running S 300-02'-32" E, 65.00 feet to a point; thence turning and running N 590-57'=28" E, 40.40 feet to a �~ point; thence turning and running N 300-02'-32" W, 65.00 feet to a point; thence turning and running S 591-57'-28" W, 40.40 feet to a point of the beginning. Said land containing 2626 square feet, more or less. Meaning and intending to describe a parcel of land which extends two feet beyond the outside face of wall of the existing one story wood on two story granite building as shown on said plan, being a portion of the land in that certain deed to Lessor dated December 30, 1992 and recorded in the Essex North Registry of Deds in Book 3675, Page 255. 4 1 -- i coi M cn rn REGISTRY OF DEEDS T Northern. District of Essex SS ;--,�•^. I p R£C£IY£OC�����-, O x aha O'CLOCK @7s3�_ ?A _4p _ M 9 f o� z ASO R£CGrli;£D 1N 000A O o I o n Z ri C Pain �3 � a -� Art!sr En 0 r s= X : m Z R:C;STU OF GCCLS tv -� z c„ •X K o N tTf - a T1 w + o it j ` EXHIBIT y p .�k{MUNWEALTE{ OF NIASSACHUS._fTS ESSEX, ss. SUPERIOR COURT DEPA CIVIL ACTION NO. 99-019 Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust, Plaintiffs * V. * Sutton Pond Condominium Trust, * Defendant ******************************************************* DEFENDANT'S ANSWER, COUNTERCLAIM AND REQUEST FOR DECLARATORY JUDGMENT NOW COMES the Defendant in the above captioned matter, and in response to the claims and allegations set forth in the Plaintiffs' Complaint, hereby answers as follows: 1. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 1 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 2. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 2 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 3. The Defendant states that the allegations contained in Paragraph 3 of the Plaintiffs' Complaint are conclusions of law and require no response. 4. The Defendant admits the allegations contained in the first sentence of Paragraph 4 of the Plaintiffs' Complaint. The Defendant further admits the allegations contained in the second sentence of Paragraph 4 of the Plaintiffs' Complaint and further answers that the obligations and responsibilities of the Defendant are more particularly set forth in a Master Deed and Declaration of Trust filed with the Essex North Registry of Deeds at Book 3840, Page 37 and Book 3840, Page 84, respectively. 5. The Defendant admits the allegations contained in Paragraph 5 of the Plaintiffs' Complaint. 6. The Defendant denies the allegations contained in Paragraph 6 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 1 ' 7. The Defendar,. denies the allegations contained in Para6,aph 7 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 8. The Defendant denies the allegations contained in Paragraph 8 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 9. The Defendant denies the allegations contained in Paragraph 9 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 10. The Defendant denies the allegations contained in Paragraph 10 of the Plaintiffs' Complaint, and thereby calls.upon the Plaintiffs to prove the same at trial. 11. The Defendant states that Exhibit D is a document which speaks for itself, and therefore, no response is required. However, to the extent that a response is required, the Defendant denies any allegations regarding Exhibit D and its reference to the ground lease discussed in the Plaintiffs' Complaint. 12. The Defendant denies the allegations contained in Paragraph 12 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 13. The Defendant admits the allegations contained in Paragraph 13 of the Plaintiffs' Complaint. 14. The Defendant admits the allegations contained in Paragraph 14 of the Plaintiffs' Complaint. 15. The Defendant denies the allegations contained in Paragraph 15 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 16. The Defendant denies the allegations contained in Paragraph 16 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. COUNTI DECLARATORY JUDGMENT REGARDING PARKING SPACES 17. The Defendant repeats it's answers contained in Paragraphs 1 through 16 hereinabove as if specifically incorporated herein. 18. The Defendant states that the allegations contained in Paragraph 18 of the Plaintiffs' Complaint are conclusions of law and require no response. 19. The Defendant states that the document set forth in Paragraph 19 of the Plaintiffs' Complaint speaks for itself, and therefore, no response is required. However, to the extent that a response is required, the Defendant states that the Ground Lease is not binding upon the Defendant hereunder. 2 . r 20. The Defendant denies the allegations contained in Para6eaph 20 of the Plaintiffs' ' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 21. The Defendant denies the allegations contained in Paragraph 21 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 22. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 22 of the Plaintiffs' Complairit, and thereby calls upon the Plaintiffs to prove the same at trial. 23. The Defendant admits the allegations contained in Paragraph 23 of the Plaintiffs' Complaint. 24. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 24 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 25. The Defendant denies the allegations contained in Paragraph 25 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 26. The Defendant denies the allegations contained in Paragraph 26 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. COUNT II DECLARATORY JUDGMENT REGARDING TRASH REMOVAL 27. The Defendant repeats it's answers contained in Paragraphs 1 through 26 hereinabove as if specifically incorporated herein. 28. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 28 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 29. The Defendant admits the allegations contained in Paragraph 29 of the Plaintiffs' Complaint. 30. The Defendant denies the allegations contained in Paragraph 30 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 31. The Defendant admits the allegations contained in Paragraph 31 of the Plaintiffs' Complaint. 3 COUNT I[I ' DECLARATORIJUDGMENT WITH RESPECT TO MAINTENANCE OF RIGHT-OF-WAY 32. The Defendant repeats it's answers contained in Paragraphs 1 through 31 hereinabove as if specifically incorporated herein. 33. The Defendant denies the allegations contained in Paragraph 33 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 34. The Defendant states that the document set forth in Paragraph 34 of the Plaintiffs' Complaint speaks for itself, and therefore, no response is required. However, to the extent that a response is required, the Defendant states that the Ground Lease is not binding upon the Defendant hereunder. 35. The Defendant admits the allegations contained in Paragraph 35 of the Plaintiffs' Complaint. COUNT IV DECLARATORY JUDGMENT WITH RESPECT TO VEHICULAR ACCESS TO REAR OF BUILDING 36. The Defendant repeats it's answers contained in Paragraphs 1 through 35 hereinabove as if specifically incorporated herein. 37. The Defendant denies the allegations contained in Paragraph 37 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 38. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 38 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 39. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 39 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 40. The Defendant denies the allegations contained in Paragraph 40 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 41. The Defendant admits the allegations contained in Paragraph 41 of the Plaintiffs' Complaint. 42. .The Defendant states that the document set forth in Paragraph 42 of the Plaintiffs' Complaint speaks for itself, and therefore, no response is required. However, to the extent that a response is required, the Defendant states that the Ground Lease is not binding upon the Defendant hereunder. 4 43. The Defendant admits the allegations contained in Paragraph 43 of the Plaintiffs' Complaint. COUNT V IN EQUITY FOR FAILURE TO DEMOLISH OLD SEWER PUMP TATION AND INSTALL PUMP TO COURTYARD LIFT STATION 44. The Defendant repeats it's answers contained in Paragraphs 1 through 43 hereinabove as if specifically incorporated herein. 45. The Defendant states that the document set forth in Paragraph 45 of the Plaintiffs' Complaint speaks for itself, and therefore, no response is required. However, to the extent that a response is required, the Defendant states that the Special Permit is not binding upon the Defendant hereunder. 46. The Defendant denies the allegations contained in Paragraph 46 of the Plaintiffs' Complaint, and p thereby calls upon the Plaintiffs to prove the same at trial. 47. The Defendant admits that the Special Permit was recorded with the Registry of Deeds, but denies that it creates an encumbrance which binds the Defendant hereunder. 48. The Defendant denies the allegations contained in Paragraph 48 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 49. The Defendant denies the allegations contained in Paragraph 49 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 50. The Defendant admits the allegations contained in Paragraph 50 of the Plaintiffs' Complaint. 51. The Defendant denies the allegations contained in Paragraph 51 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 52. The Defendant denies the allegations contained in Paragraph 52 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. COUNT VI NEGLIGENCE 53. The Defendant repeats it's answers contained in Paragraphs 1 through 52 hereinabove as if specifically incorporated herein. 54. The Defendant denies the allegations contained in Paragraph 54 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 55. The Defendant denies the allegations contained in Paragraph 55 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 5 y I 56. The Defendan. Genies the allegations contained in Paragraph 56 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 57. The Defendant denies the allegations contained in Paragraph 57 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 58. The Defendant admits the allegations contained in Paragraph 58 of the Plaintiffs' Complaint. 59. The Defendant denies the allegations contained in Paragraph 59 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. COUNT VII M.G.L. ch. 93A 60. The Defendant repeats it's answers contained in Paragraphs 1 through 59 hereinabove as if specifically incorporated herein. 61. The Defendant denies the allegations contained in Paragraph 61 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 62. The Defendant denies'the allegations contained in Paragraph 62 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. 63. The Defendant denies the allegations contained in Paragraph 63 of the Plaintiffs' Complaint, and thereby by calls upon the Plaintiffs to prove the same at trial. 64. The Defendant denies the allegations contained in Paragraph 64 of the Plaintiffs' Complaint, and thereby calls upon the Plaintiffs to prove the same at trial. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE The Plaintiffs have failed to state a claim upon which can be granted. SECOND AFFIRMATIVE DEFENSE The Plaintiffs do not have standing to assert claims relative to zoning by-laws and special permits. THIRD AFFIRMATIVE DEFENSE The lease in question is a transfer of interest in land, and therefore, requires a 100% vote of unit owners pursuant to Kaplan v. Boudreaux, 410 Mass. 435, 443 (1991) and Strauss v. Ovster River Condominium Trust 417 Mass. 442 453 (1994). Therefore, any lease hereunder is null and void. 6 i FOURTH AFFIRMATIVE D FL,VS The Plaintiffs have not exhausted their administrative remedies. FIFTH AFFIRMATIVE DEFENSE The Plaintiffs have failed to comply with M.G.L. ch. 40A. SIXTH AFFIRMATIVE DEFENSE The attempt to place the ground lease on the property is an attempt to withdraw land from the Condominium Association in violation of M.G.L. ch. 183A, the Condominium Documents for the Sutton Pond Condominium Association and the case of Mark Levy, et al v. Patricia A. Reardon et al, Appeals Court Docket No. 96-P-526. SEVENTH AFFIRMATIVE DEFENSE The Plaintiffs' rights, if any, are subject to the Counterclaim filed hereunder, and said Counterclaim represents a defense and/or set-off to any action by the Plaintiffs hereunder. EIGHTH AFFIRMATIVE DEFENSE The lease involved hereunder is unconscionable and against public policy and therefore, to the extent that the Court enforces the same, the lease should be reformed so that the rents which are due and owing thereunder reflect the fair market value of the actual lease. NINTH AFFIRMATIVE DEFENSE The Plaintiffs are estopped by its conduct and actions in this matter and therefore, are not entitled to recover any damages from the Defendant. TENTH AFFIRMATIVE DEFENSE The lease involved hereunder is illegal and against public policy and therefore, to the extent that the Court enforces the same, the lease should be reformed so that the rents which are due and owing thereunder reflect the fair market value of the actual lease. ELEVENTH AFFIRMATIVE DEFENSE The Plaintiffs have failed to join all necessary parties to this Complaint, including (1) unit owners and/or mortgage holders, (2) the original and subsequent developers and/or special permit holders, and (3) all original and subsequent parties associated with the notice of lease, and therefore, the same must be dismissed. 7 . D I 1 TWELFTH AFFIRMATIVE DEFENSE This transaction violates M.G.L. ch. 93A, §2 and §t t and therefore, any purported lease is void. THIRTEENTH AFFIRMATIVE D EFENSE The Plaintiffs have failed to join the original developers of the Condominium Association as parties to this Complaint, and therefore, the same must be dismissed. FOURTEENTH AFFIRMATIVE DEFENSE The Plaintiffs' case is barred by the applicable Statute of Limitations, and therefore, must be dismissed. FIFTEENTH AFFIRMATIVE DEFENSE The Defendant is not a party that can be held liable for violations of M.G.L. ch. 93A, and therefore, Count VII must be dismissed against the Defendant. SIXTEENTH AFFIRMATIVE DEFENSE The Defendant's actions are protected under the Business Judgment Rule, so- called. SEVENTEENTH AFFIRMATIVE DEFENSE The Defendant has no duty to the Plaintiffs. EIGHTEENTH AFFIRMATIVE DEFENSE The Plaintiffs have no standing to bring an action against the Defendant. NINETEENTH AFFIRMATIVE DEFENSE The Plaintiffs do not have privity to bring an action against the Defendant. WHEREFORE, the Defendant requests that this Honorable Court: 1. Dismiss the Plaintiffs' action against the Defendant; 2. Award the Defendant its reasonable costs in this matter, including attorney's fees and witness fees; 3. Order such other and further relief which it deems equitable and just. 8 COUNTERC—AIN1 AND REQUFST FOR DFCLAk STORY ! DGiyiEiYT [. Preliminary Statement: This Counterclaim is brought by the Defendant and Plaintiff-in-Counterclaim, the Sutton Pond Condominium Association, by its duly authorized Board of Trustees, seeking a Declaratory Judgment and Order thereto, which provides that the lease to which the above action seeks rights and remedies is null and void, and that the Plaintiffs and Defendants-in-Counterclaim have no rights associated with the same. The Defendant and Plaintiff-in-Counterclaim(hereinafter referred to as the "Plaintiff') requests, in the alternative, that this Honorable Court declare the lease involved hereunder as void as a result of public policy and further, is unconscionable, and therefore, to the extent that the Court enforces the same, the lease should be re-formed so that the rents which are due and owing thereunder reflect the fair market value of the actuallease. II. Statement of Facts: 1. The Plaintiff is the Sutton Pond Condominium Association, a condominium established by a Master Deed and Declaration of Trust recorded with the Essex North Registry of Deeds at Book 3840, Page 37 and Book 3840, Page 84, respectively. Copies of the Master Deed and Declaration of Trust are attached hereto and incorporated herewith as Exhibits "A" and"B". 2. The Defendants-in-Counterclaim and Plaintiffs in the underlying action Gregory rY P. Smith and Linda N1. VanDeVoorde, individually and as Trustees of the Stone Mill Realty Trust, (hereinafter referred to as the"Defendants") are both individuals and Trustees with a purported business address located at 148 Main Street, Building A,North Andover, Massachusetts, 01845. 3. The Defendants, in their initial Complaint hereunder, argue and state that a notice of lease was executed between the predecessor-in-title to the Plaintiff hereunder. 4. In fact, the two (2) notices of lease to which the Defendants refer, were recorded with the Essex North Registry of Deeds at Book 3840, Page 29 and Book 3840, Page 33, respectively. Copies of these notices of lease are attached hereto and incorporated herewith as Exhibits "C" and" " rp D . 5. There was not a ground lease or other instrument or document filed with the Registry of Deeds regarding the properties involved in Exhibits "C" and"D"set forth above. 6. The property involved in the above lease arrangements and as described in Exhibits "C" and "D" above areart and parcel of the common areas of the P Sutton Pond Condominium Association. 9 7. Although L,,,; lease involved hereunder was referenceu in the original iVlaster Deed, the original ground lease was not set forth in the Master Deed and the Defendants were not provided with any further rights in the Master Deed and/or Declaration of Trust of the Sutton Pond Condominium Association. 8. The Defendants and their predecessor-in-title never received a vote of the unit owners of the Condominium Association creating and conveying the lease hold interest, to which the Defendants now claim right, title, and interest. 9. The Defendants and their predecessor-in-title never received a vote of the unit owners of the Condominium Association withdrawing any portion of the common areas of the Association, to which the Defendants now claim right, title, and interest. 10. - The purported lease is against public policy and unconscionable, in that the same only requires the payment of$100.00 per year, and/or$8.33 per month, during the entire length of the lease, which is for a period of ninety-nine (99) years. 11. As set forth above, the Defendants failed to obtain the necessary votes to create and transfer the lease hold interest, as well as to withdraw the property involved in the same. 12. The lease in question affects the percentage interest of all unit owners located at the Sutton Pond Condominium Association. The Defendants even failed to comply with the term P y sand conditions of the purported outstanding lease, in that it � has failed to _ a the rent pursuant to the alleged lease agreement. ' I 13. The Plaintiff states that there exists a controversy as to the rights and obligations I pursuant to this lease. The Plaintiff further states that a declaratory judgment will remove these uncertainties and terminate the controversy over the rights, duties and obligations and other legal relationships to the parties, by determining the validity and/or construction of this lease. 14. The Plaintiff states that this is an actual justifiable controversy between the Plaintiff and Defendants, and that a judgment would remove uncertainties and terminate the controversy of the above. 15. The Plaintiff additionally states that Defendants' actions have caused the Plaintiff immediate and irreparable injury and harm. 16. The Plaintiff is further damaged in that its does not have the use and occupancy of the leased premises. 17. The Plaintiff alleges in the alternative that it also has been damaged in that it was not aid the rents allegedly lle edl due and owing as forth in th g Y e purported le . g p rp ase involved in this matter. 18. The Plaintiff has been forced to expend attorney's fees and costs in this matter. 10 19. All the abu damages as well as those stated hereunuer are proximately caused by the Defendants' actions and conduct. COUNTI REQUEST FOR DECLARATORY RELIEF 20. The Plaintiff repeats it's allegations contained in Paragraphs 1 through 19 hereinabove as if specifically incorporated herein. 21. The Defendant failed to obtain a vote of unit owners to create and transfer the purported lease hold interest set forth hereunder as required by M.G.L. ch. 183A, as well as by Kaplan v. Boudreaux, 410 Mass. 435, 443 (199 1) and Strauss v. Ouster River Condominium Trust, 417 Mass. 442, 453 (1994). 22. _The Defendant failed to obtain a vote of unit owners to withdraw the lease hold interest as required by M.G.L. ch. 183A, as well as by Mark Levy, et al v. Patricia A. Reardon, et al, Appeals Court Docket No. 96-P-526. 23. The creation and conveyance of this lease violates provisions of the Master Deed, Declaration of Trust and M.G.L. ch. 183A. 24. The execution of this lease violates the provisions of the Master Deed and Declaration of Trust. 25. The lease, as it violates M.G.L. c. 183A and the Condominium Documents is illegal. 26. The Plaintiff has not been paid the amount of monies due and owing, even under the purported lease. 27. The Plaintiff has not been paid the full and fair market value for the purported lease hold interest which has been created and to which the Defendants seek to i quiet title. WHEREFORE, the Plaintiff requests that this Honorable Court: 1. Issue a temporary restraining order prohibiting the Defendants from attempting to sell, lease and otherwise convey any interest it claims in the property through the lease involved in this matter; 2. Issue a short order of notice to the Defendants; 3. Upon return of the short order of notice and after a hearing, order a preliminary injunction prohibiting the Defendants from conveying and otherwise transferring any interest it purports to have in the lease hereunder; 4. Enter a declaratory judgment stating that the Defendants' rights in the lease are null and void; 11 5. Enter an oruer requiring the Defendants to pay to the Plaintiff, any and all sums received on this property from the inception of the void lease, to date, and/or any and all said sums which this Court finds fair and reasonable; 6. Enter an order to convey and assign to the Plaintiff any and all records and/or purported subleases, assignments, and other documents associated with this property; 7. In the alternative, reform the purported lease hold interest and order the Defendants to pay the Plaintiff the fair market value found by this Court for rents which are due and owing as a result of this purported lease, both retroactively to the date of the inception of said lease and forward, during all times, terms and conditions of the same; 8. ;Order the Defendants to pay the Plaintiff its costs and reasonable attorney's fees in this matter as well as all damages found to be due and owing by the Court, to the Plaintiff; 9. In the alternative, enter an order rescinding the lease hereunder, and adjust the parties rights in a fair and equitable manner as determined by this Court; and 10. Order such other and further relief which it deems equitable and just. Res ectfull or the fendant and Plai iff-in-Counterclaim By ' s atto e Charles A. er i , Jr. PERKINS & OWN, L.L.C. 73 Princeton treet, Suite 306 North Chelmsford, MA 01863 BBO #394430 (978) 251-8509 Dated: November 23, 1999 12 CERTIFICATE OF SERVICt I, Charles A. Perkins, Jr., do hereby certify that I caused to be served on this date, a copy of the foregoing Answer, Counterclaim and Request for Declaratory Judgment by mailing the same first class mail, postage prepaid, upon the following counsel of record, to wit: John A. Dal e Scalise L ices 89 Main tr et ` North do 0 �. i Charles A. Per ins, Jr. 13 ALDRICH, et al. v. ADD INC. EXHIBIT a "D" NIA Supreme Judicial Court ALDRICH, et al. v. ADD INC. Jun 21, 2002 Supreme judicial Court Massachusetts Opinions courtesy of Lawyers Weakly NOTICE FROM THE COURT: The slip opinions and orders posted here are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.This preliminary material will be removed from the Bulletin Board once it is printed in the Official Reports advance sheets. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court,Room 1407, Boston, MA 02108; (617)557-1030. ALDRICH, et al. V ADD INC. SJC-08668 JOYCE ALDRICH&others,W trustees,11 vs.ADD NC. Suffolk.April 4,2002.-June 21,2002. Present: Marshall,C.J., Greaney, Ireland,Spina,Cowin,Sosman,&Cordy,JJ. Condominiums,Master deed.Real Property,Condominium. Limitations, Statute of. Corporation;Corporate successor liability.Negligence,Design,Construction work, Economic loss.Actionable Tort. Repose,Statute of. Civil action commenced in the Superior Court Department on July 29, 1993. P P A motion for summary judgment was heard by Margaret R. Hinkle,J.;a second motion for summary judgment was heard by John C. Cratsley,J.;and a motion for leave to amend the complaint was heard by Diane M.Kottmyer,J. The Supreme Judicial Court granted an application for direct appellate review. http://www.masslaw.com/archives/ma/opin/sup/1013302.htm 6/27/2002 ALDRICH, et al. v. ADD NC. Page 2 of 6 Janet B. Fierman(Thomas W. Evans& Paul Giragos with her) for the plaintiffs. Warren D. Hutchison (Matthew M. O'Leary with him) for the defendant. SPINA, J. The plaintiffs, trustees of the Seal Harbor III Condominium Trust(trust),brought this action against ADD Inc., an architectural firm (architect), to recover damages for the negligent design of the Seat Harbor III Condominium (condominium). The architect moved for summary judgment on the ground that the plaintiffs'claim was barred by the economic loss rule.A judge in the Superior Court denied that motion. A second judge granted the architect's subsequent motion for summary judgment on the ground that the plaintiffs'claim was time barred by the three-year limitation set forth in G. L. c. 260, § 2B. A third judge denied the plaintiffs' motion for leave to amend their complaint to add a claim for breach of express warranty. We granted the parties'joint application for direct appellate review.The issues now before us are whether (1)the second judge erred in concluding that the plaintiffs were the successor in interest to the owner of the property on which the condominium was built and, therefore, were subject to an expired contractual time limitation governing a cause of action between such owner and the architect; (2)the first judge erred in concluding that the plaintiffs'tort claim against the architect was not barred by the economic loss rule; and(3)the third judge erred in denying the plaintiffs'motion for leave to amend their complaint. We vacate the allowance of summary judgment based on the theory of successorship, affirm the denial of summary judgment based on the economic loss rule, and remand the case for further proceedings consistent with this opinion. 1. Background. The condominium, located on a peninsula in Winthrop,is a ten-story building containing 117 residential condominium units and approximately 153 parking spaces in an underground garage.As of 1984, a developer, Dolphin Real Estate Corporation(Dolphin), owned the land ori which the condominium was to be situated. Dolphin retained the architect to provide design services in connection with the construction of the condominium,which was to be built by Sanford Construction Company, Inc. (contractor). In late 1984, Dolphin and the architect entered into a standard form of agreement between owner and architect(owner- architect agreement), as promulgated by the American Institute of Architects. Pursuant to this agreement,the basic services to be provided by the architect included: (1)review and evaluation of the project,including the preparation of schematic design documents illustrating the scale and relationship of project components;(2)refinement of the building and site design generated in the schematic design phase; (3)preparation of drawings and specifications for construction that fully complied with all applicable Federal, State, and local laws, ordinances,and codes; and(4)administration of the construction contract between Dolphin and the contractor, including site inspection visits.The architect's obligations under the owner-architect agreement terminated when final payment to the contractor was due,or sixty days after the date of substantial completion of the work,whichever came first. Dolphin was responsible for such activities as paying construction costs, compensating the architect, and furnishing all legal,accounting, and insurance services as may be necessary. Construction of the condominium began in the spring of 1986. On July 28, 1987, Dolphin filed a master deed in the Suffolk ' County registry of deeds, pursuant to G. L. c. 183A, §2.The master deed identified several entities connected with the condominium: (1)the "Sponsor,"defined as Dolphin and its "successors and assigns";(2)the trust which,through the plaintiffs,would manage and regulate the condominium;and(3)the unit owners. Dolphin, for itself and its successors and assigns, reserved certain rights and easements to complete construction of the condominium and develop the surrounding land.The architect,with the agreement of Dolphin and the contractor,signed a certificate of substantial completion, designating August 11, 1987, as the date when construction of the condominium would be substantially complete. Dolphin began to sell units in the condominium in late August or early September, 1987.The final certificate for payment was issued on November 2, 1987. Starting from the time of completion,there were structural problems in the condominium. During storms,water would penetrate the windows,sliding glass doors,walls, and ceilings. Water also seeped into the underground garage, causing damage to its concrete roof deck and to cars parked below it.The plaintiffs were forced to expend significant sums of money to repair water-damaged common areas. On July 29, 1993,the plaintiffs filed a complaint against the architect alleging that it had been negligent in designing or selecting materials for use in the construction of the condominium.fl The plaintiffs sought to recover damages for the defective portions of the common areas.,M5 On November 23, 1994,the architect filed a motion for summary judgment specifically alleging that the plaintiffs'claim was barred by the economic loss rule. A judge in the Superior Court initially allowed the motion, concluding that the plaintiffs had "not submitted evidence that the defects in the design of the Condominium'created a dangerous condition posing a risk http://w-ww.masslaw.com/archives/ma/opin/sup/1013302.htm 6/27/2002 ALDRICH, et al. v. ADD NC. Pa;e 3 of 6 Of accidental injury to persons or to property other than the physical deterioration attributable solely to the failure of the products of the construction themselves, and ha[d] not claimed any damages other than . . . economic loss, i.e., the cost of repair to the [defective portions of the Condominium common areas], for which there is no recovery in negligence."' Lake Placid Club Attached Lodges v. Elizabethtown Bldrs., Inc., 131 A.D.2d 159, 162(N.Y. 1987). Following discovery with other parties, the plaintiffs filed a motion pursuant to Mass. R. Civ. P. 54(b), 365 Mass. 820(1974), to revise and vacate the judge's order. The judge allowed the plaintiffs'motion, stating that newly discovered evidence suggested that the negligent acts of the architect had caused physical harm, primarily the result of rain penetration,to common areas of the building, individual units, and cars parked in the garage. The summary judgment record further suggested a possible risk of personal injury. from structural or material failure. The judge concluded that the plaintiffs'claim was not barred by the economic loss rule because the architect's alleged negligence had caused physical harm to the condominium, for which the plaintiffs had a right to recover. On September 12, 1997, the architect filed another motion for summary judgment on the grounds that the plaintiffs were Dolphin's successor under art. 12 of the owner-architect agreemen*61 and that,consequently, their claim was barred by the applicable three-year limitation,G. L. c. 260, §2B,[1 as contractually refined by such agreement.(81 By memorandum of decision and order, a Superior Court judge allowed the architect's motion. He agreed that the plaintiffs were Dolphin's "successor," merely stepping into Dolphin's shoes with respect to the work contracted for with the architect.As such,the plaintiffs were bound by the provisions of the owner-architect agreement, and their cause of action for the architect's negligence was deemed to have accrued on August 11, 1987,the date the certificate of substantial completion was issued. ; The judge noted that G. L. c.260, §2B, barred any claim filed more than three years after the cause of action accrued.In light of the fact that the plaintiffs did not file their complaint until July 29, 1993,the judge concluded that summary judgment was warranted because the statute of limitations had expired. In response to the judge's decision,the plaintiffs'filed a motion for leave to amend their complaint pursuant to Mass. R.Civ. P. 15 (a), 365 Mass. 761 (1974),to add a claim for breach of express warranty against the architect.The motion was denied, aad judgment entered for the architect. 2.Theory of successorship.The plaintiffs contend that the judge below erred in granting summary judgment to the architect because they were not a successor to Dolphin under the owner-architect agreement..M Therefore,their cause of action was not time barred by the applicable limitation period and the related provision of the agreement. We agree. Typically, "a succeeding corporation is liable on the contracts or obligations of its predecessor where it either assumes them under express agreement or where the facts and circumstances are such as to show an assumption."Araserv, Inc. v. Bay State Harness Horse Racing&Breeding Ass'n, Inc.,437 F. Supp. 1083, 1089(D. Mass. 1977). See Pittsfield Gen. Hosp. v. Markus, 355 Mass. 519, 521 (1969), and cases cited. Fundamentally, the plaintiffs' claim here is not one rooted in contract theory because clearly they were not a party to the owner-architect agreement. Rather,the plaintiffs'cause of action is a tort claim for negligence. Cf. Cigal v. Leader Dev. Corp.,408 Mass.212,216-218(1990)("a contractually based injury is entirely distinct from the torts for which the unit owners'association may recover"). The filing of the master deed did not make the plaintiffs the equivalent of Dolphin's "successor,"nor did they assume Dolphin's rights and obligations vis-A-vis the architect under the owner-architect agreement.The filing of a master deed divides interests formerly held by one entity in fee simple into separate and distinct real estate interests.See Bernstein v. Chief Bldg. Inspector&Bldg. Comm'r of Falmouth, 52 Mass.App. Ct.422,427(2001)("Our decisions have recognized condominium units and common areas to be adjacent parcels of land").The master deed defined Dolphin,the plaintiffs,and the unit owners as separate entities. Dolphin retained title to the 117 individual units,which it subsequently sold to third parties.The plaintiffs'role was to manage and regulate the condominium.They were entitled to an undivided interest,along with all other unit owners, in the common areas,with respect to which they were empowered to conduct litigation pursuant to G. L.c. 183A, § 10 (b)(4). See 39 Joy St. Condominium Ass'n v.Board of Appeal of Boston,426 Mass.485,487 (1998) (describing interests owned-and rights exercised by unit owners and condominium association).Notwithstanding the plaintiffs' interests, Dolphin retained certain rights and easements to complete construction of the condominium and develop the surrounding land.,The mere purchase of an asset does not make the purchaser the"successor"of the seller,bound by the seller's contractual obligations with other parties. Cf. Cargill,Inc.v. Beaver Coal&Oil Co.,424 Mass. 356, 359(1997) (liabilities of selling predecessor corpoKation not imposed on successor that purchased its assets unless successor expressly or impliedly assumed liabilities,transaction is de facto merger or consolidation,successor is mere continuation of predecessor, or transaction is fraudulent effort to avoid liabilities); City of N.Y.v.Turnpike Dev. Corp., 36 Misc.2d 704, 706 (N.Y.Sup. Ct. 1962)(term "successor ial interest,"as distinguished from "successor in title," involves change in form,not substance, of ownership, and does not include transfer of title from one party to another); Farm&Home Say. Ass'n v. Strauss,671 S.W.2d 682, 685 (Tex. Ct. App. 1984)(mere purchase of property that was once subject to limiting contractual provision not sufficient to bind purchaser to contract as "successor"to original owner).The master deed did not have the effect of making the plaintiffs parties to Dolphin's contracts. They did not"succeed"Dolphin with respect to the owner-architect agreement, http://www.massIaw.com/archives/ma/opin/sup/1013302.htm 6/27/2002 AL.'RICH, et al. v. ADD NC. Page 4 of 6 nor did they take over Dolphin's business. The present controversy is not governed by this court's decision in Theos& Sons v. Mack Trucks, Inc., 431 Mass. 736 (2000), as the architect suggests. In that case,the plaintiff, a subsequent purchaser of a used truck,was attempting to enforce an implied warranty of merchantability against the truck's manufacturer pursuant to G. L. c. 106, §2-318,which extends warranties "to third parties who may reasonably be expected to use the warranted product." Id. at 740.The manufacturer had specifically disclaimed this warranty in its contract with the original purchaser of the truck, but the plaintiff was unaware of such disclaimer. Id. at 739-740. We concluded that a subsequent purchaser bears the burden of ascertaining the existence of any limitations on implied warranties and, therefore, the plaintiff was subject to the same disclaimer made by the manufacturer to the original purchaser. Id. at 741.The present case is a cause of action in tort for the negligent design of an improvement to real property, namely the construction of the condominium. It is not about the sale of goods, nor does it. concern a claim for breach of warranty pursuant to a contract for such sale. In light of our conclusion that the plaintiffs' claim is based in tort, not contract, and that the plaintiffs did not become Dolphin's "successor" on the filing of the master deed,their cause of action is not governed by the accrual date set forth in par. 11.3 of the owner-architect agreement. 11 Rather, the plaintiffs' claim is subject to the provisions of the second clause of G. L. c. 260, §2B,which is a statute of repose,not a statute of limitations. See note 7,supra. See also Conley v. Scott Prods., Inc.,401 Mass. 645, 646(1988); Klein v. Catalano, 386 Mass. 701, 702(1982);Coca-Cola Bottling Co. of Cape Cod v. Weston& Sampson Eng'rs,Inc.,45 Mass.App. Ct. 120, 124(1998). "A statute of limitations normally governs the time within which legal proceedings must be commenced after the cause of action accrues. . . .A statute of repose,however,limits the time within which an action may be brought and is not related to the accrual of any cause of action.The injury need not have occurred, much less have been discovered." Klein v. Catalano, supra. See McGuinness v. Cotter,412 Mass. 617,621- 622(1992). General Laws c.260, §2B, precludes recovery against those within its purview for any injury that occurs"more than six years after the earlier of the dates of(1)the opening of the improvement to use; or(2)substantial completion of the improvement and the taking of possession for occupancy by the owner."The statute of repose sets the outer time limit for bijnging an action in tort. "Simply.put, after six years,the statute completely eliminates a cause of action against certain persons in the construction industry."(12�Klein v. Catalano, supra. See Snow v. Harnischfeger Corp., 12 F.3d 1154, 1159 (1st Cir. 1993), cert.denied, 513 U.S. 808 (1994)(statute shields providers of individual expertise, including architects, engineers, and contractors from any liability after six years where they were involved in enumerated activity pertainina to improvement to real property);James Ferrera& Sons v. Samuels,21 Mass. App. Ct. 170, 173 (1985). "In establishing the six-year limit,the Legislature struck what it considered to be a reasonable balance between the public's right to a remedy and the need to place an outer limit on the tort liability of those involved in construction."Klein v. Catalano, supra at 710. Here, a certificate of acceptance and occupancy pursuant to which the town of Winthrop granted Dolphin permission to occupy the condominium was issued on August 3, 1987.The designated date of substantial completion of the condominium was August 11, 1987. By September, 1987,the individual units had begun to be occupied. Because the plaintiffs'complaint was filed on July 29, 1993,we conclude that the statute of repose did not expire on their cause of action against the architect for negligent design._] S 3. Economic loss rule.The plaintiffs contend that the first judge below correctly denied the architect's motion for summary judgment on the ground that the plaintiffs'negligence claim was not barred by the economic loss rule. We agree. It has been a long-standing rule in this Commonwealth, in accordance with the majority of jurisdictions that have considered this issue, that"purely economic losses are unrecoverable in tort and strict liability actions in the absence of personal injury or property damage." FMR Corp. v. Boston Edison Co.,415 Mass. 393,395 (1993). See Garweth Corp. v. Boston Edison Co.,415 Mass. 303, 305 (1993); Bay State-Spray&Provincetown S.S., Inc. v.Caterpillar Tractor Co.,404 Mass. 103, 107 (1989). However, where the pecuniary losses sustained by a plaintiff result from physical harm to property proximately caused by a defendant's alleged negligence, such plaintiff has a right to recovery. See Priority Finishing Corp. v. LAL Constr. Co.,40 Mass. App. Ct. 719,721 (1996)(bailee of dammed goods entitled to maintain cause of action for physical harm to property). Cf.Newlin v. New England Tel. &Tel. Co.,316 Mass.234,237(1944) (plaintiff had right to sue defendant in negligence where alleged poor maintenance of telephone pole caused it to fall,disrupting electrical service to mushroom plant and resulting in destruction of plaintiffs mushroom crop). The plaintiffs'pleadings and affidavits allege physical property damage sufficient to state a cause of action for negligence against the architect. Cf. McDonough v. Whalen, 365 Mass. 506, 512-513 (1974)(imposing liability on septic system designer where negligence caased physical damage to property in the form of sewage flowing over land).The negligence alleged by the plaintiffs caused physical harm to the common areas of the condominium necessitating the expenditure of substantial sums of money to repair the damage.Accordingly,summary judgment could not enter in the architect's favor on the ground that the plaintiffs'claim was barred by the economic loss rule. http://www.masslaw.com/archives/ma/opin/sup/1013302.htm 6/27/2002 A-DRICH, et al. v. ADD INC. Page 5 of 6 4. Conclusion.The November 19, 1997, order granting summary judgment to the architect on the theory of successorship is vacated. The May 1, 1997, order denying summary judgment to the architect on the basis of the economic loss rule is affirmed. The case is remanded for further proceedings consistent with this opinion. So ordered. FOOTNOTES: [1] Linda Cargill, David DeLellis, Barbara Flockhart, and Joseph G. Vecchia,Jr. [2] Of the Seal Harbor III Condominium Trust. [3] Pursuant to the certificate of substantial completion, [ he Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended,as expressed in the Contract Documents." [4] The complaint also named as defendants other companies responsible for the design,construction,certification, marketing, and sale of the condominium units,as well as some of the principals of those companies.The plaintiffs have settled with all parties except the architect. [s] The plaintiffs filed a motion to amend their complaint to add, inter alia,a claim for breach of implied warranty against the architect;the motion was denied. [6] Section 12.1 of the owner-architect agreement provides: "The Owner and the Architect, respectively,bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign,sublet or transfer any interest in this Agreement without the written consent of the other." [7] General Laws c.260, §2B,states: "Action(s]of tort for damages arising out of any deficiency or neglect in the design, planning, construction or general administration of an improvement to real property,other than that of a public agency as defined in [G. L. c. 7, § 39A,] shall be commenced only within three years next after the cause of action accrues;provided, however,that in no event shall such actions be commenced more than six years after the earlier of the dates of: (1)the opening of the improvement to use; or(2)substantial completion of the improvement and the taking of possession for occupancy by the owner." [8] Paragraph 11.3 of the owner-architect agreement provides: "As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work,and as to any acts or failures to act occurring after the relevant Date of Substantial Completion,not later than the date of issuance of the final Certificate for Payment." [9] An order granting summary judgment will be upheld if the judge ruled on undisputed material facts and those rulings were correct as a matter of law. See Communi Nat'l Bank v. Dawes 369 Mass. 550, 556 1976 . The initial burden in a ty ( ) motion for summary judgment rests with the moving party to show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Mass. R. Civ. P. 56(c), 365 Mass. 824(1974). [101 As evidence of Dolphin s continued ownership interest in the condominium,the project application for payment that was dated November 2, 1987, over three months after the recording of the master deed, included a certificate by the architect to Dolphin, as owner,that the construction work had progressed in accordance with the owner-architect agreement and that http://www.masslaw.com/archives/ma/opin/sup/1013302.htm 6/27/2002 AiLDRI'CH, et al. v. ADD INC. Page 6 of 6 the contractor was entitled to payment from Dolphin. [11] The plaintiffs have asserted that the third Superior Court judge incorrectly denied their motion for leave to amend their complaint to add a claim for breach of express warranty against the architect. Because we have concluded that in the circumstances of this case the plaintiffs have no contractual rights under the owner-architect agreement, we need not consider this issue further. [12] "Although G. L. c. 260, § 2B, is phrased as if it were a statute of limitations that bars an injured person from commencing an action, its effect is to abolish or abrogate a remedy in tort if the.person is injured more than six years after the (occurrence of a specified event]." Klein v. Catalano,386 Mass. 701,702-703 n.3 (1982). [13] On appeal,the architect argues that the plaintiffs were aware of the various alleged defects more than three years prior to filing suit, and that their negligence claim is therefore barred by the three-year limitation period set forth in the first clause of G. L. c. 260, § 2B.The architect did not move for summary judgment on that ground,the plaintiffs have not had an opportunity to develop the record pertaining to this issue,and we will not consider the architect's.araument for the first time on appeal. See Royal Indem. Co. v. Blakely, 372 Mass. 86, 87-88 (1977); Commerce Bank&Trust Co. v.Hayeck,46 Mass. App. Ct. 687, 695-696(1999). s i �N http://www.masslaw.com/archives/ma/opin/sup/1013')02.htm 6/27/2002 f Tuesday, December 10, 2002 3:41 PM United Compressor&Pump 978-794-4769 EXHIBIT OEC-09-2002 04:19FU FROM-PERKINS I ASSOCIATES +IT82513108 T-10I P. � nEn COMMONWEALTH OF MASSACHUSETCS ESSEX,ss, SUPERIOR COURT'DEPARTMENT CIVIL ACTION NO. 99-01960 �►rsr$t**INRs:�kb�p+pK+FYI#'k##f�P�Nys�KiARwMrrR*�NMMPwx�cx#a*i**�Na� Gregory P. Smith and Linda M.VanDeVoorde,Individually and as Trustees of the Stone Mill Realty Trust, Plaintiffs, w V. 'A r Sutton Pond Condominium Trust, Defendant. a 'M'M'Ygr�l:*��M�NMF:R�k�$i�7�71��FT*#�lNiNM�*�•M*$i�F�HFI`�W�'M°�iRi�$#*�* AFFJAVIT 2F DANA SAW&" 1,Dana Sanborn,being,duly sworn,do hereby depose and state; 1. I aria employed as a Senior Technician at United Compressor&Pump Services,Tim.,located at 34 Portland Street,Lawrence,MassachusenjOV 40. O/$y3 .�z 3. I leave been=ployed by United Compressor&Pump Services,Inc.for a period of over 14 years. I have over 39 years of experience in the field of mecbWeal engin=ing and servicing engineer in the Feld of compressors,sewage pump stations,building maintenance and other related matter. 3. I have an Associate Degree in Engineering from W atworth Institute,Boston,Massachusetts. 4. 1 have personal knowledge of the matters set forth in this Affidavit,except for those based upon information and belicA and as to those,I believe them to be true, 5. 1 had maintained the sewage pumping systems at 149 Main Street, North Andover, Massachusetts prior to the site's conversion, 6. The mill complex was originally served by a single system. That System was located across the brook in it separate building specifically designated for the pump system. Sewage flowed by gravity through pipes from the mill complex to said bui[ding. 7. The GSD building also flowed to the building. Contained within the building was an old and fr4ling dual vertical pump system. 'fete dual vertical pump system thin pumped all sewage i Tuesda , December 10, 2002 3;41 PM United Compressor&Pump 978-794-4769 p.03 « E 092002 0409130 FROI.PERKINS i ASSOCIATES tB7B2612,60� T-102 P.003/001 F-687 out to Main Strcct. 8. When the trill complex was beim converted, a new enginern;d, stand olonc custom lift station was installed for the 188 residential units. This system was in=1194 in the courtyard. The old pipes that crossed the brook and the failing dual vertical pump system were deranlished. The GSD building stood for sornedme without a-systern. 9. United Compressor& Pump Services, lne. ("UCP')bid to install a system for the GSD building. The system was designed to pump out to Main Sweet.The system was to stand shone and was never intended to cross the river, Crossing the river would bane been cost prohibitive, 10. UCP did not install the system for the GSD building, however, I did witness the construction of the new sy.tem,as wcU as the demolition,of the old shared system. 11. UCP has done maintenance for the GSD system. 12. UCP has performed some upgrades to the system when Gregory P. Smith took over the system. 13. The system installed is properly designed to Serve the GSD system. If properly maintained, it will last and-should produce no problems. 14. Upon.information and belief, there was a-one time,a short lived problem with the system, however,the problem was with the town line maintenance on Main Street. The discbarSe line was blanked through the street system. Executed under the pains and penalties ofperjury-this_Y.8 day of N4 .2002. Dana Sanborn • I i ,_4-617- FROM t P_ 2 Jif; Associates Civil Engineering Cunsultants 324 Main St. North Reading, MA 01864 (978)664.6668 Fax(978) 664-8155 November 12, 1-00: Mr. Robert Lavoie Devine Millin.iet& Branch 300 Brickstone Place Andover, MA 0 18 10 Re: Presswe Sewer Line From 148 Main St., Bldg,A,North Andover, Ma. Dear Mr. Lavoie: This letter is being prepared at the request of your client Gregory Smith. On November 6, 2002. 1 visited the above mentioned property and observed the condition of the sewer ptunping station located adjacent to the Stone Mill Building also known as .148 Mair St_ Bldg A. Site Observations: I reviewed.the existing site conditions,including the ejector station located in a stied structure next to the Stone Mill Building,the 4' concrete varlt. the new clean-out location installed by Gregory Sinith,the location of the sewer manhole at Main and Second St. and the lift station installed in the courtyard of the Sutton Pond Condonniniuin_ 1 also reviewed photographs of these items and original 1909 work order for ttae installation of the 4" forced sewer main to Main St_ Plan and Document Review: I reviewed site plans prepared by various companies and dates which are listed below-, 1_ Dwg No.W-20.00.01 - "Site Plan of Osgood Mill in North Andover," Prepared by Beals and Tllontas, Inc, Dated Sept ber 20, 1934 2. Plan 410305 at NERD- ':Plan of Lwid in North Andover, Mass." Prepared by't Nomas F_. Neve Associates, Inc.Dated May 24, 1986. 3. C-4 - "Utility Plan" Prepared by.Anderson -Nichols. .Revision date of June 26, 1987. DLG 1 0 2002 D BOARD OF APPEALS -�l3 -1996 d: 1 -P`i FRID!A 4. Plan 912296 at NERD- "Site Plan of the Sutton Pond Condominium 148 Main St. North Andover, Ma". Prepared by Christiansen&: Sergi, Dated September 1, 1993. 5. 1 reviewed the Special Permit for The Osgood Mill Planned Development District(PDD) which was issued by the North Andover Planning and Commrunity Development Department on.December 22, 1992. Condition 9C states "The existing pump station adjacent to the office building will be demolished. The Applicant wilt install an individual grinder-ejector plunp to the lift station at the courtyard location. Conclusion: 1. The Stone Mill Building located at 148 Main St. Bldg.A has a sewer line which is not installed as required by the condition of the special permit. The existing Sewer Pump station was demolished and a new pump was installed in a new location adjacent to the Stone Mill Building. However,the pump currently installed is not a grinder type ejector pump and is not connected to the lift station located in the courtyard. 2. The installation of the sewer pump system is connected into the 1909 4"forced main that travels approximately 665 feet and up approximately 38 feet of static head pressure to the sewer manhole located at Second and Main Sheets. This sewer system as installed has not been designed properly for the specitic conditions of this property. This improper design has caused this systemto fail in the past and according to Mr. Smith,he has recurring problems with the system being clogged and failing. 3. .It is my opinion that the sewer line currently installed should be properly designed and either be installed in accoiriance with the requirements of the Special Pennit to the lift station in the courtyard, or the existing route should be studied for alterative designs that are acceptable and reliable for this specific condition. Sincerely, OF JM Associates, Inc. �T JOHN F_ n McaUILKtN, JR_ CIVIL No. 31262f/� GtSTE4�� �c �. `'s/oNAL ENG John McQuilkin,P.E. cc. Gregory Smith I TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS } 384 OSGOOD STREET. 01845 TELEPHONE 687 7964 'NILLIAM A. CYR FAX! (508) 683 9381 Nr,aua C�RECTOAO MpR"TH � t4 3 � O � a December 1 , 1992 �tr,S" .Sf4t5 SSC MU Mr. George Perna, Chairperson Planning Board 120 Main Street i.ort-b 11,ndcver, Ma 01845 Re : Osgood Mill ri Dear Mr . Perna : U The Division of Public Works has reviewed the September 1985 Special Permit and various construction and site plans of the Osgood Mill. complex. Bfolaowinthe review of out tandingavailable issuesmwhich ation we have compiled the g list need to be addressed. 1 : Provide a plan for construction of adequate vehicular and pedestrian access to both Main Street and High Street . The plan should consider the potential future access to Sutton St . The plan should be based on an updated traffic study d distance should indahess our directionconcerns of and regarding the tlow and site intersection with Main St . 2 . Connect the new watermain on the Osgood Mill site to the recently installed water main on the Nora hPAndoins to1be pr:,pe:. � -},Yr nbando.^, a!--' un l Lned on site used for domestic purposes . Hydrants should be installed ;..n r as accordance with sheet C-4 of the 1987 plan, required by the Fire Department . nform toMR 3 . The water installations must co plansshowinngCproposed regarding cross-connections . installation of back flow prevention devices must be submitted to D . E . P . for review and approval . 4 „ :7 -lie 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 , D DEC 1 2002 BOARD OF APPEALS Pege 2 . along Protection. The existing pumping station g Cochi chewick brook should be redisigned to reflect future site use . Provide an interim as-built plan prior to continuing 5 • site and a final as-built construction °n feted. construction is comp Very tr yours, /? l W l J. William Hmurciak, P•E • Assistant Director JWH: jm I r' ELM MILL REALTY TRUST 200 North Main Street ! East Longmeadow, MA 01028 (413) 525-4585 December 8, 1992 Mr. George Perna, Chairperson Planning Board Town of North Andover 120 Main Street North Andover, MA 01846 REFERENCE: SUTTON POND (A/K/A OSCOOD MILL) 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: I. Item No. 1: The siteIan shows hows our plan for adequate vehicular and pedestrian access to Main Street and High 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. r 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. K TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. William (tnturciak Telephone (978) 685-0950 Director 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 Mill was modified to service only the office building. However,the new pumps are connected to the existing force main which discharges to the sewer in Main Street. A sewer system extension permit from the Department of Environmental Protection was obtained for the project; a copy of which is enclosed. If you have any questions or require any additional information, please advise. Very J. William Hmurci .E. Director of Public Works JWH/njb D EIC i o 2002 D BOARD OF APPEALS Commonweafth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office William F. Weld Gov*~ Daniel&Greenbaum Commlulorw March 10, 1993 Ernest Gralia, III RE: NORTH ANDOVER - BRP WP14 Elm Services, Inc. Sewer System Connection/ 200 North Main Street Extension Permit No. 68834 East Longmeadow, MA 01028 Sutton Pond/Osgood Mill Dear Mr. Gralia: In response to your application for a sewer connection/ extension permit to discharge into the sewer system located at Sutton Pond off Elm Street in North Andover, Massachusetts, Aand after due public notice, I hereby issue the attached final permit. No comments objecting to the issuance or terms of the permit were received by the Department during the public comment period. Therefore, in accordance with 314 CMR 2.08, the permit becomes effective upon issuance. This Permit is an action of the Department. If you are aggrieved by this action, you may request an adjudicatory hearing. A Notice of Claim for an Adjudicatory Hearing must be made in writing and postmarked within thirty (30) days of the date this permit was issued. Pursuant to 310 CMR 1.01(6) , the Notice of Claim shall state clearly and concisely the facts which are grounds for the proceeding and the relief sought. The Notice of Claim, along with a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) , must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The Notice will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described in 310 CMR 4.00. 10 Commerce Way 9 Woburn,Massachusetts 01801 • FAX(617)935-6393 • Telephone(617)9352160 North Andover Sutton Pond, cont'd. Page 2 If you have any questions regarding this matter, please contact Alice M. Durek at (617) 935-2160. Very truly urs, Sabin M. Lord Jr. , Regional Engineer for Resource Protection SML/AMD/ad cc: -Kevin Mahoney/NERD -TOWN OF NORTH ANDOVER/DPW, 384 OSGOOD STREET, NORTH ANDOVER MA 01845 ATTN: DIRECTOR Thomas E. Neve Assoc. , Inc. , 447 Boston Street, Topsfield, MA 01983 Attn: Thomas E. Neve, P.E. s6883.4.per 314 CMR: Division of Water Pollution Control One Winter Street Boston, MA 02108 7 .20: PERMIT NO: gj APPLICATION FOR PERMIT TOWV:_&0rra Aloovgp FOR For- Issuing office SEWER SYSTEM EXTENSION OR CONNECTION use only: INSTRUCTIONS The application should be signed by the appropriate municipal official, and submitted in triplicate, with the original and one copy to the Division's Boston Office and one copy to the appropriate regional office. The signature of the design engineer or. other -agent will be accepted only if accompanied by a letter of authorization. If connection is to be made to the MDC sewerage system, indicate "MDC" in item 11. If the project includes sewers, pumping stations, force mains, or syphons, construction plans must be submitted with the application. If additional space is required to properly answer any questions, please attach additional sheets and refer to the attachments in the space provided. (1) Name and Address of Applicant:_ Elm Mill Realty Trust 200 North Main Street, E. Long. , MA 0102f (413) 525-4585 Telephone (2) Name of Sewer System Owner: Town of North Andover (North Essex Sewer (Municipality or Sewer District)Di stric Dept. of Public Works (Department) 384 Osgood St. , North Andover, MA 01845 • (3) Type of Project: Residential Sewer Connectors - Minor (Sewer Extension or Sewer Connection) (4) Number of Residences to be 188 Residential Units served: 1 110 - 1 BR Units 110 (5) Number of Bedrooms: 78 - 2 BR Units 156 266 futal 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 (8) Location, Length, Size and Capacity of Sewers to be Connected to the existing system: (Attach, sketch) (a) See attached Name of Street Length of Sewer Size of Sewer Flow Full Capacity (b) (c) (d) (9) Location, Size and Capacity of Pumping Stations to be Connected to the existing system: (a) See attached Pump Station Location Number of Pumps Pump Size Pump Capacity (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 Plans C—1, C-4, C-8 and Neve Associates "As—Built". 9. There is a lift station incorporated with the new sewer system for the new construction portion of the development as described in Item #8 above. However, as indicated, all wastewater discharge from the development connects onsite to an existing 10" sewer line which is connected to the Town of North Andover's gravity system. 314 CMR: DIVISION OF WATER POLLUTION CONTROL (10) General Description of Sewers and Pump Stations within the existing sewer system which will transport the flow from the proposed sewer extension of connection to the receiving Wastewater Treatment Facility: The sewer connection drains into an existing sewer manhole located on the subject property, which connects to an existing gravity sewer main. Such sewer main runs parallel to the now unused Boston and Maine Railroad within a 20' wide sewer easement. (11) Receiving Wastewater Treatment Facility: Greater Lawrence Sanitary District Name: . North Essex_ Sew(r District - Lawrenep Average Daily Flow: 37 Million Gallons Per Day Design Flow: 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: q (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/Ar�:hitprt) Name 31 St. James Avenue Address Boston MA 02116 City State Zip (617) 695-3312 Telephone Mass. P.E. Number 314 CMR: DIVISION OF WATER POLLUTION CONTROL (20) Certification , "I certify under penalty -of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly - gather and evaluate the information submitted. Based on my inquiry of -the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, ,. true accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment of knowing violations. " (I will be responsible for publication of public notice of the applicable permit proceedings identified under 314 CMR 2. 06(1) (a) through (d) • ) Ernes Gralia, III Vnt N f pli ant Title 12/28/92 Signature Applicant Date Signed Ernest A. Gralia III Elm Mill Realty fins _(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 ' 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. 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 sh411 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, s.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 SEE A'TTl AFL) SPeC14 L CoND JT104S / Tf/Rogk4 7 Q APPRO RE ENDED: Signature nd Title o Appropriate Municipal Official (Phone) (FOR ISSUING OFFICE USE ONLY) MAR 10 1993 DATE ISSUED DIRECTOR DIVISION OF WATER POLLUTION CONTROL MAR 10 19193 . $FFECTIVE 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. 68834 6. Manholes shall be designed for watertightness if located in areas subject to flooding and for any anticipated loadings. T. 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. D. Submit documentation of ownership, an escrow account set f 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. TOWN OF NORTH ANDOVER. MASSACHUSETTS ° DIVISION OF PUBLIC WORKS 384 OS0000 STREET. 01845 WILLIAM A. CYR TELEPHONE 687 7964 FAX: (508) 683 9381 tir,au,+DiRecroR o� wopT, � ti0 L (� r v o ±� a December 1 , 1992 NusE`. 5 Mr . George Perna, Chairperson Planning Board 120 Main Street :ort-b Andover, Ma 01845 Re : Osgood Mill Dear Mr . Perna : I The Division of Public Works has reviewed the September 1985 Special Permit and various construction and site plans of the Osgood Mill. Complex. Based on the review of available information we have compiled the following list of outstanding issues which need to be addressed. 1 : Provide a plan for construction of adequate vehicular and pedestrian access to both Main Street and High Street . The plan should consider the potential future access to Sutton St . The plan should be based on an updated traffic study and should address our concerns regarding flow and site distance in the direction of and at the intersection with Main St . 2 . Connect the new watermain on the Osgood Mill site to the recently installed water main on the North Andover Mills proper} . Abandon a l' l-l i ed On site teat e r mains to be used for domestic purposes . Hydrants should be installed .4. .1 a -cordance with sheet C-4 of the 1987 plan, or as required by the Fire Department . 3 . Tire 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 . F . 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 aIIII II DEC 1 0 2002 D BOARD OF APPEALS c Page 2 . Protection . The existing pumping station along cochichewick brook should be redisigned to reflect future site use . 5 . Provide an interim as-built plan prior to continuing construction on site and a final as-built when construction is completed. Very tr yours , j; W 1 J. William Hmurciak, P .E . Assistant Director JWH: jm ELM MILL REALTY TRUST 200 North Main Street East Longmeadow, MA 01028 (413) 525-4585 December 8, 1992 Mr. George Perna, Chairperson Planning Board Town of North Andover 120 Main Street North Andover, MA 01846 REFERENCE: SUTTON POND (A/K/A OSGOOD MILL) 166 ELM STREET NORTH ANDOVER, MAS.SACIIUSETTS 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 liedstrom, John Nolan, Karen Nelson and Kathleen Bradley, I understand that you have instructed Mr. Spagat to record a new easement consistent with your prior approval. The proposed access to Sutton Street is entirely outside of this property and outside of our control and is not a proper condition for this repermitting. 2. Item No. 2: We have not yet seen an as—built site plan for the North Andover Mills property. If the water main has been Installed contiguous to the Sutton Pond property on the right—of—way, then we will connect the water main. Please provide us with the pertinent information as soon as possible. Also, we need further clarification on the second part of Item #2 relative to abandoning all unlined on site water mains to be used for domestic purposes. 3. Item Nos. 3 and 4: It is our understanding that this work was Installed in accordance with the approved plans and applicable permits. We assume that the applicable DEP approvals were previously attained prior to Installation and connection. Item No. 4 indicates that the existing pumping station along Cochichewick brook should be redesigned to reflect future site use. It should be noted that this pump station will be demolished and a tennis court constructed In its place. Given the proposed demolition of this pump station, Elm intends to Install an Individual grinder—ejector pump for the three—story office building which will more than likely pump to the lift station at the courtyard location. TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. William ffmurciak .N°""+, Telephone (978) 685-0950 Director 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 Mill was modified to service only the office building. However,the new pumps are connected to the existing force main which discharges to the sewer in Main Street. A sewer system extension permit from the Department of Environmental Protection was obtained for the project; a copy of which is enclosed. If you have any questions or require any additional information, please advise. 4tours, urci .E. Director of Public Works JWH/njb DSL 1110 2002 D e BOARD OF APPEALS Commonwealth of Massachusetts t J46 Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office William F. Weld G"mor Daniel S.Greenbaum commlwww March 10, 1993 Ernest Gralia, III RE: NORTH ANDOVER - BRP WP14 Elm Services, Inc. Sewer System Connection/ 200 North Main Street Extension Permit No. 68834 East Longmeadow, MA 01028 Sutton Pond/Osgood Mill Dear Mr. Gralia: In response to your application for a sewer connection/ extension permit to discharge into the sewer system located at Sutton Pond off Elm Street in North Andover, Massachusetts, and after due public notice, I hereby issue the attached final permit . No comments objecting to the issuance 'or terms of the permit were received by the Department during the public comment period. Therefore, in accordance with 314 CMR 2 . 08, the permit becomes effective upon issuance. This Permit is an action of the Department. If you are aggrieved by this action, you may request an adjudicatory hearing. A Notice of Claim for an Adjudicatory Hearing must be made in writing and postmarked within thirty (30) days of the date this permit was issued. Pursuant to 310 CMR 1. 01(6) , the Notice of Claim shall state clearly and concisely the facts which are grounds for the proceeding and the relief sought. The Notice of Claim, along with a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) , must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The Notice will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described in 310 CMR 4.00. 10 Commerce Way • Woburn,Massachusetts 01601 • FAX(617)935-6393 • Telephone(617)935-2160 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. s6883.4.per 314 CMR: Division of Water Pollution Control One Winter Street Boston, MA 02108 7.20: PERMIT NO:-I,, -34 APPLICATION FOR PERMIT TOWV:A0rTq Alv.bam FOR For,-issuing off ce 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 Tru-.t 200 North Main Street, E. Long. , MA 01022 (413) 525-4585 Telephone (2) Name of Sewer System Owner: Town of North Andover (North Essex Sewer (Municipality or Sewer District)Di stri c Dept. of Public Works (De artment) 38e 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 156 266 futd! 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 (8) Location, Length, Size and Capacity of Sewers to be Connected to the existing. system: (Attach. sketch) (a) See attached Name of Street Length of Sewer Size of Sewer Flow Full Capacity (b) (c) (d) (9) Location, Size and Capacity of Pumping Stations to be Connected to the existing system: (a) See attached Pump Station Location Number of Pumps Pump Size Pump Capacity (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 Plans C-1, C-4, C-8 and Neve Associates "As—Built". 9. There is a lift station incorporated with the new sewer system for the new construction portion of the development as described in Item #8 above. However. as indicated. all wastewater discharge from the development connects onsite to an existing 10" sewer line which is connected to the Town of North Andover's gravity system. 314 CMR: DIVISION OF WATER POLLUTION CONTROL (10) General Description of Sewers and Pump Stations within the existing sewer system which will transport the flow from the proposed sewer extension of connection to the receiving Wastewater Treatment Facility: The sewer connection drains into an existing sewer manhole located on the subject property, which connects to an existing gravity sewer main. Such sewer main runs parallel to the now unused Boston and Maine Railroad within a 20' wide sewer easement. (11) Receiving Wastewater Treatment Facility: Greater Lawrence Sanitary District Name: North Essex Sewcr District - Lawrence Average Daily Flow: 37 Million Gallons Per Day Design Flow: .52ion Gallons Per Day v (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. BIC CODE SPECIFY A. B. Not Applicable C. D. (16) Is the Proposed Discharge Consistent with Existing Sewer Use Regulations: YES: X NO: A (17) Is there a site of historic or archeological significance, as defined in regulations of the Massachusetts Historical Commission, 950 CMR 71. 00, which is in the area affected by the proposed extension or connection? YES: NO: -X (18) Does this project require a filing under 301 CMR 11. 00, the Massachusetts Environmental Policy Act? YES: NO: X If yes, Has a Filing been Made? YES: NO: (19) Name and Address of Massachusetts Registered Professional Engineer Designing the Proposed System: Anderson-Nichols & Company, Inc. (Engineers/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. responsible for (I will be P publication of public notice of the applicable permit proceedings identified under 314 CMR 2. 06(1) (a) through (d) • ) Ernes Gralia, III P ntp# N f A pli ant Title 12/28/92 Signature Applicant Date Signed Ernest A. Gralia III Elm Mill Real -v 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 i d and authorized b this ermit shall constitute a violation of the terms and by 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 ina p rt .during its term for cause including, but not limited to, the following: I. 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. 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 sh4ll 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, , or occupant. operator,P u ant. (22) Special Condi tio ns SEE 4TTACNFL) 5PeC14 L CONb iT10N5 / Tf/96a64 i h APPRO RE . ENDED: Signature nd Title o Appropriate Municipal Official (Phone) (FOR ISSUING OFFICE USE ONLY) MAR 10 1993 'DATE ISSUED DIRECTOR DIVISION OF WATER POLLUTION CONTROL MAR 10 1393 ._EFFECTIVE 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. LOCUS MAP ELYWD DO R-4 I i / ovuc l—S w KITTRIDG ` g SEE Nor£s 1.z � � c•��� N` F RICHARD & SHERRILL AREA- 1.392 ACR-ES 1 LENT/NI N\F TOWN OF • NO.ANDOVERAPPROX. If `" 1e2.27 Lam• LOCATION OF �� r —_ — RIGHT 0 Y LEASE LINE COURT EASEMENT ,r (SEE GROUND LEASE AREA • ' FOR COMPLETF DESC.) — — .� - -, j .41 Py 553'_1510 TEMP.CONSTR. :; . EASEMENTLEASE •� BDLG. . ' ROO' IWOWMLAOSGOOD N60'3d'?2"� -J_ „+E• 4 RAM SEE NOTES 1.2 �sa.�s• �`• PHASE t 24. PHASE f 7 _-`• R 4CASE�/ too r EST PHA E 6 Wrwoor ER 13.20' WO D NaO�! BRIDGE Over NA NAND SAO N A.�10N y N�f JA 1 0 2002D s DEC � FORGE BOARD OF APPEALS NNE - \` R NSF JO TARS <� 10"ONDv (SEE GROUND LEASE ®` I FOR COMPLETE DESC ` �- (22) SPECIAL CONDITIONS, cont'd Permit No. 68834 6. Manholes shall be designed for watertightness if located in areas subject to flooding and for any anticipated loadings. 7. After construction is complete and prior to actual use of the sewers, the applicant shall do the following: A. Submit a copy of the as-built plans including plan and profile views to the Department for the ... three story office building grinder/ejector pump and force main connection to the existing lift station in the courtyard location; B. Hire a Massachusetts registered professional engineer to conduct a dye test of all sewer connections and confirm in writing with a copy to the Department that all lines are connected to the sewer system as shown; C. Install a clean out manhole in the forcemain from the courtyard lift station at an appropriate location and submit a copy of the as-built plans including this new detail. A 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. Town of North Andover Office of the Zoning Board of Appeals ;: •' ' Community Development and Services Division 27 Charles Street ` +' -:=`—• •''' North Andover,Massachusetts 01845 C1K1,e�' D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&Decemberl0, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square,P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 1 TYPING DATE:June 14,2004 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 Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,300 Brickstone Square,P. O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F.Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P. McIntyre and 2ud by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision2002-050. WON. -; .r: - Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover C Zoning Board of Appeals y�� F 27 Charles Street Pm North Andover, Massachusetts z, jUN 01845 D Service RencalCorporation D c/o Laidlaw Environmental Services 40/12 �1 P.O. BAY 11393 JUL 6 - 2004 SAFE393 292112676 1503 IR 06/28/04 Columbia, SC 29211 FORWARD TIME EXP RTN TO SEND :SAFETY KLEEN BOARD OF APPEALS PLAN LTX 75 DR 31 03 PLANO T:< 7502E-3105 RETURN TO SENDER c,%eha Town of North Andover Of 110RTot Office of the Zoning Board of Appeals ;: •' ' Community Development and Services Division 27 Charles Street "'' �` •� North Andover,Massachusetts 01845s„C,,,,s D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&Decemberl0, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square,P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 1 TYPING DATE:June 14,2004 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 Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,-300 Brickstone Square,P. O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P. McIntyre and 2°d by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision2002-050. C_ WON. �-- t' Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover �-L3� C Zoning Board of AppealsP M 27 Charles Street North Andover, Massachusetts , 01845 1T. pp'i_ .'iT M �. JUN 2 8 2004 231 BOARD OF APPEALS /,pJ� _�/} �� 17i!!!i?91711 t�ii.�li�i7l 1!??1t�f l9iiltf li�l iiillt��iIi��91 FI1-I��iIfS111iftT1l it � ✓,(/V Gas � � � � .. Town of North Andover Office of the Zoning Board of Appeals o Community Development and Services Division • 27 Charles Street •;����„� r�' North Andover,Massachusetts 01845 C D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&Decemberl0, Devine,Millimet&Branch,P.A.,300 Brickstone 2002&June 8,2004 Square;P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 TYPING DATE:June 14,2004 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 Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,-300 Brickstone Square,P. O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs.10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P.McIntyre and 2nd by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision2002-050. M40P4. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover E s Zoning Board of AppealsPM 7 ) 27 Charles Street r- _s North Andover, Massachusetts V. i 01845 '- i Northeast Solvents Reclamation Corp D c/o Laidlaw Env;---------__�-, I_ IJUN 2 8 2004 A ❑❑ INSUFFICIENT ADDRESS P.O. Box 2107' �1 ATTEMPTED NOT KNOWN ❑ OTHER NO SUCH NUMBER/STREET BOARD OF APPEALS Columbia, SC OS p NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD 20 l�h� )di j1) 1 )Anb! 1 � Town of North Andover M°RT11 Office of the Zoning Board of Appeals ;? •' ' � a Community Development and Services Division 1441 • 27 Charles Street North Andover,Massachusetts 01845 ;'ss„C ,s D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 148A Main Street NAME: Gregory P.Smith and Stone Mill Realty Trust,c/o HEARING(S): November 12&Decemberl0, Devine,Millimet&Brand,P.A.,300 Brickstone 2002&June 8,2004 Square;P.O.Box 39,Andover MA 01810 ADDRESS: for premises at: 148A Main Street PETITION: 2002-050 North Andover,MA 01845 1 TYPING DATE:June 14,2004 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 Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Gregory P.Smith and Stone Mill Realty Trust,c/o Devine,Millimet&Branch,P.A.,-300 Brickstone Square,P. O.Box 39,Andover MA 01810 for premises at: 148A Main Street,North Andover,aggrieving the decision of the Building Commissioner to perform enforcement action under Section 10,Paragraphs 10.1 and 10.4. The said premise affected is property with frontage on the Northeast side of Main Street within the I-2 zoning district. The legal notices were published in the Eagle Tribune on October 28&November 4,2002. The following voting members were present: Walter F.Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. The following non-voting member was present: Richard J.Byers. Upon a motion by Ellen P.McIntyre and tad by John M.Pallone,the Board voted to uphold the Building Commissioner's decision and DENY the Finding of the party aggrieved. The Board finds 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 quorum 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 the Board to waive the time restraints from November 18,2003 to January 13,2004 because all issues were resolved except one. Voting in favor of the denial: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision2002-050. c ., WON. -lam` Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover s� C Zoning Board of Appeals - 27 Charles Street �Y ° C D '1.J North Andover, Massachusetts :- JA ` •� - _. i _ �. s 01845 , p d NorthEast Solvents Reclamation Corp D c/o Laidlaw Environmental Services 40/3 JUN 2 8 2004 P.O. Box 21F A ❑ INSUFFICIENT ADDRESS 0ATTEMPTED NOT KNOWN ❑ OTHER Columbia, SOS C ❑ NO SUCH NUMBER/STREET BOARD OF APPEALS ❑ NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD r$LB.o.s,2fWSS4 -3z 1IIItIII IlIIIIII oil ILIIlall 1lIIIIIIlilt III ttlltlttill III Itill