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Miscellaneous - 148 MAIN STREET 4/30/2018 (45)
148 MAIN STREET ;-133 210/040.0-0004-0001.G I� I I c�J I l 0 o 0 148 MAIN STREET I 040.0-0004 Complaint Detail Report , Printed On: Wed Feb 03,2016 Complaint#: CT-2016-000024 Status: I See Report It GIS#: 2290 Violator: 4wu; Address: 148 MAIN STREET Map: 040.0 Address: Date Recvd.: Feb-03-2016 ITime Recvd.: 09:40 AM Block: 0004 , Category: Housing Issues&Rats Lot: Type: i — - GcoTMS Module: Board of Health District: jTrade: Recorded By: Michele Grant Zoning: I Istructure:1 Description Complaint: Joan-Ann Willis of Sutton.Hill Pond has place a complaint with the Health Department.They are increasingly concerned about the infestation of mice in the Coolidge Building.They have asked the health department to look into it.See Report It for more information. Comments: Inspector Assigned to Complaint: Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Feb-03-2016 9:40 AM Joanne Willis Michele Grant Follow-Up by Michele Grant Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL GeoTMS®2016 Des Lauriers Municipal Solutions, Inc. — Page 1 of 1 COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT REPORT FOR MONTH OF APRIL 2015 RECEIVED Y CONTENTS CONDITION OF MAY 11 20t5 DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM TOWN OF NORTH ANDOVER 4/8/2015 EDGEWOOD RETIREMENT H 575 OSGOOD ST 5,000 GREASE CORRENCO HEALTH DEPARTMENT 4/9/2015 SUTTON POND 14/8 MAIN ST 1,000 SEPTIC LWWTP 4/13/2015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP j 4/21/2015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP ING ` s4 on tre t AAA AIRS2 owe This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulatory purposes only. [b�SyCD�6:fMrO . b . OR.T)ff. DOVER BUM -DWG DEP- RTWNT �s R�tea F �5 1600 Osgood Street SACHUS North Andover Tel: 978-685-9545 . Fax: 978-688r-9542 .BU.i2 NSSF©.RIi FOR TOWN CLEW DA-M: NAYE: -T-Y-PF--0E-)3U-80E88,!--e-LM�U- k BUILDING LAYOUT PROVIDED: YES INTO AMAFLARLE PARKMG 8I1.A.MS: ZONING BY LAW USAGE: YES NO BUILDING INSPECTOR Off.SIGNA.TUFAE BUSINESS FORM FOPIMWN CL13M 2.40 Aome Occupation(1989/32) An accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondaiy to the use,of the-building-for living piuposes. Home occupations shall 'include,"but 'not'limited to the following uses; personal services such as famished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business,or the manufacturi6g of goods,which impacts the residential.nature of the neighborhood, 4. For use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply. a. Not more.than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the hbme,occupation and residing in said dwelling; b. The use is carried on strictly within the principal building; c. There shall be no.eis�-tezior alterations, accessory buildings, or display which are not customaw with residential buildings; - d. Not more than.twent��fi�Te (25) percent of the existing gross floor area of the dwelling unit. so used, not to exceed one thousand (1000) square feet; is devoted to such use. Xn connectionwith such use,there is to be kept no stock in trade, commodities or products which occupy space bevond these limits; e. There will be no display of goods or wares visible from the street; f The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way became objectionable, or detrimental to any residential use within-the neighborhood; g. =such building shall include no features of desiga not customary in buildings for residential e. r Signature Date a _v PETER L. KUTRUBES ATTORNEY&COUNSELOR AT LAW A LAW PRACTICE FOR 590 LENNON LANE,SUITE 180,WALNUT CREEK,CALIFORNIA 94598 BUSINESS AND INDIVIDUALS TELEPHONE(925)939-9600 FAX(925)256-7660 63 SHORE ROAD,SUITE 24,WINCHESTER,MASSACHUSETTS 01890 TELEPHONE(617)206-1710 FAX(603)7824366 March 24,2015 Susan Sawyer,RS Health Director Town of North Andover Health Department 1600 Osgood Street North Andover,Massachusetts 01845 RE: RE: 146 Main Street,North Andover,MA Dear Ms. Sawyer: My client and I are in receipt of your correspondence dated March 18,2015. I am surprised concerning the circumstances of your letter. Based on the facts at hand, and a police report that supports the timing, your letter is very concerning and geared more at protecting the status quo versus doing what is both right and necessary to protect the health and safety of the occupants of 146 Main Street and the surrounding environment. In addition, you actions (more accurately, inactions) tend to also injure the residents of the condominiums located at 148 Main Street since their property values will be directly impacted by a sewer contamination occurring on the common area of their condominium property. Based on the facts,the Town of North Andover was apprised of the explosive failure of the sewer pump station that serves 146 Main Street on or about January 14,2015. Accordingly, you should have been on notice. Since that date,and after three complaints were filed with the Town, nothing had been done. No inspections have been made and despite Sutton Pond's inaccurate representations, nothing has been done except weekly pumpings by Sutton Pond's contractor. Due to the cold weather,sewer gases leeching from the unsealed wet well into 146 Main Street had not been an issue until Tuesday,March 17,2015. At that point,Mr.Smith once again brought it to your attention as well as the attention of the Town that this is a dangerous situation. During your meeting with Mr. Smith at the Town offices,the police were called and,in front of the police officer at your offices,you agreed to inspect the pump station at 146 Main Street. Per the agreement made in front of the police officer,you and the police officer were to inspect the station at 3:00 to 3:30 p.m.that day—Tuesday March 17,2015. The police officer showed up,as promised. Mr. Smith made himself available. Neither you or Mr. Brown or any other representative from the Town showed up at Mr. Smith's building to inspect the pump station. Mr. Smith made video evidence of the condition of the pump station that day,since you did not attend. The video accurately revealed the following: (1) Spatter and spray of raw sewage on the interior of the pump station walls. (2) Raw sewage liquid seeping from the wet well. (3) Additional flowing of liquid,probably effluent,outside of the pump station. (I delivered a copy of this video to Director Eric Kfoury yesterday and I am sure he will share the video with you so you can better savor the experience without the smell that my client repeatedly had to endure.) On Wednesday, March 18, 2015, in the late morning, apparently you and Mr. Brown, along with another person from your office,showed up at Mr. Smith's office. It was convenient that you showed up while Sutton Pond had its pump service pump out the wet well. It was also convenient that you showed up without the police being present to witness your actions. It is not surprising that you did not see raw sewage overflowing from the wet well since no one had flushed the toilets during your short observation. However,it is very surprising that your inspection did not reveal that signs of standing and spattered raw sewage. I was at my client's building yesterday,March 23,2015,and I could still see the evidence of the sewage on the floor of the pump station as well as on the walls as well. If you want photographic evidence of what sewage remains,please advise and I will send you the photographs. I am also extremely surprised at the verbal abuse Mr. Brown pummeled upon my client after Mr. Smith pointed out the location of the sewer pump station that Mr. Brown had issued a permit for the construction of a shed in or about 2005. It has always been our intention to have a pump station that complies with the law. No more,but no less. It has been evident that the Town does not share this belief, including and especially your department and Mr. Brown. When asked to inspect the pump station back in May 2012, he agreed. Then,after a telephone call from Sutton Pond's attorney,he called and left a message with Mr. Smith,avoiding me,early in the morning on the date of the inspection,cancelling the inspection and refused to take and return my calls thereafter. I find it extremely concerning for the residents of the Town,both business and personal, that up until this point,before Director Kfoury is taking a hard look at this situation,that no one from the Town cared that this pump station is in a constant state of failure,does not comply with the applicable codes,and it has never been engineered and permitted. -2- "V Considering this matter has been turned over to Director Kfoury,I doubt I will receive a response. However, when Director Kfoury calls the meeting he has promised, I do look forward to meeting you. Sincerely, Ate- L- PETER L.KUTRUBES i -3- i v t PERKINS & ANCTIL, P.C. n no ATTORNEYS AT LAW 73 PRINCETON STREET,SUITE 306 NORTH CHELMSFORD,MASSACHUSETTS 01863-1558 TELEPHONE(978)251-8509•(800)642-4906 FAX(978)251-3608 REAL ESTATE FAX(978)251-3859 av a kinslawpc.com CHARLES A.PERKINS,JR." RE�1EIVE f) GARY M.DADDARIO ROBERT W.ANCTIL• LJ _ SCOTT C.O W ENS ANITA L.CHMILARSKI AUL 19 2006 DIRECTOR OF OPERATIONS M LTOWN OF NU ALSO ADMITTED IN NH LTH D PgRAM�aTUI 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 North Andover, MA 01845 RE: NOTICE OF BREACH OF AGREEMENT 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.: 11-I lOE0140-05 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. i } 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 r 18 05 02:30p ENGINE p,3 In the Matter of the Arbitration between= tte: 11 110-130104005 Gregory Smith,Trustee of Stone Mill Realty Trust "Claimant" and Ttustees,Sutton Pond Condo Ttuct "Respondents" AWARD OF AR ffRATOR The Arbitrator trat r orders Respondents to create o parking slot within close shown on 1:.yychibIt C for p g s proximity ofdcstgnattora 2 as purpose of parking$service vehicle for access to the rear of Claimant's building. 3. The Arbitrator fmds no breach of the Settlement Agreement,as described in item I in regards to trash siting and removal. The Settlement Agreement does not designate a permanent location for the trash containers,but only designates an area for the short-term construction project. The Arbitrator orders Claimant to place the trash containcrs at his desired location without obstruction to the ingress of Respondents'property. All conditions regarding this issue in the Settlement Agreement remain in full effect 4. As testified to,Claimant has failed on,at least one occurrence to adjust the lighting as required in paragraph 5 of the Settlement Agreement. The Arbitrator orders Claimant to provide due diligence in maintaining the operation time clock,specifically when there is a power outage and daylight savings time adjustments. The Arbitrator reiterates the frndiogs of the Court in regards to the"Settlement Agreement", civil action number 99-01960 and Claimant and Respondents to cooperate jointly,allow access CIaimant's leased proparty in order for Respondents to effectuate the terms of this Order. All legal fees shall be the burden of the respective clients. The administrative fees of the Arnerican Arbitration Association totaling 52,100,00 and the compensation and expenses of the arbitrator totaling 5842.12 shall be borne by the parties equally. This Award is in full settlement of all claims and counterclaims sub�ritted to this Arbitration. All claims not expressly granted hcrcin are hereby,denied. Date Mr. chard A.Volkin 1,Mr.Richard A:Volkin,do hereby affirm upon any oath as Arbitrator that I am the individual described in and who eXecuted this instrur hent,which is my Award. Date M.Richard A.Volkin Pago 2 of 2 Received Time Oct. 1'8• 2 34P --5/� 'd-5089 ON -- _ _ INVH:6 _SOOT "61 100 DEVINE MILLIMET ATTORNEYS AT LAW 1 `1 December 13, 2004 MARK J.SAMPSON MSAMPSON a DEVINEMILLIMET.COM Town of North Andover Building Department Attn: Mr. Michael McGuire 27 Charles Street North,Andover, MA 01845 Re: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Mr. McGuire: Please be advised that this office represents Plaintiffs in the above-captioned matter. In that regard, I have been asked to send you a copy of my correspondence to Attorney Perkins dated December 9, 2004 regarding Sutton Pond's proposed pump and shed. Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, Mark J. Sampson MTS/lm cc: Greg Smith (w/encls) L:\wdox\docs\clients\13041\59266\A0081884.DOC DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & BRANCH PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMI LLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 NORTH HAMPTON, NH i PERKINS & ANCTIL, P.C. RE��1"�� ATTORNEYS AT LAW RECEIVED Y 73 PRINCETON STREET,SUITE 306 NORTH TELEPHONEO(97788)MASSACHUSETTS 58509 (800 64204906 1558DEC 2004 FAX(978)251-3608 REAL ESTATE FAX(978)251-3859 BUILDING DEPT www.perkinslawpc.com . CHARLES A.PERKINS,JR.* ROBERT W.ANCTIL* OF COUNSEL GARY M.DADDARIO ROSEMARY A.MACERO* ANITAL.CHMILARSKI DIRECTOR OF OPERATIONS *ALSO ADMITTED W NH December 7, 2004 Town of North Andover Building Department ATTN: Mr. Michael McGuire 27 Charles Street North Andover, MA 01845 RE: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Mr. McGuire: Enclosed please find a copy of the Court Order regarding the above matter as well as the Settlement Agreement which the Court imposed upon the parties. Although there was a Motion for Reconsideration pending, the Motion does not relate to the construction of a shed pursuant to Paragraph 1 of the Settlement Agreement. It is our understanding that a cease and desist was issued on the Building Permit as a result of allegations regarding ownership which somehow would cause the Town of . North Andover to revoke the Building Permit. I hope and trust this clarifies the Association's position and the same will be immediately reinstated. VOaZA. Cs, Jr. CAP/sma Enclosures cc: Trustees, Sutton Pond Condominium Mark J. Sampson,Esquire COIL MONNi'EALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL NO. 99-01960 GREGORY P. SMITH & others' �j• SUTTON POND CONDOMINIUM TRUST RULINGS AND ORDER ON 11IOTION TO ENFORCE SETTLEMENT AGREEMENT The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Esquire, submitted to the Court on July 12, 2004 in coluiection Nvith this matter. It is hereby ORDERED that with respect to section 2(d), access to Building A shall be reasonable. Neither party to the Settlement Agreement shall attempt to use this Agreement to impede or enlarge reasonable access to Building A. '1 ,n 4s_ Patrick J. Riley Justice of the Superior Court DATED: August 4, 2004 ' Linda M. \,an De Coorde, Individually and as Trustee of the Stone Mill Realty, Trust. C' -nmonwealth of Massachuse' County of Essex The Superior Court CIVIL DOCKET#: ESCV1999-01960-B RE: Vandevoore/Indv'ly et al v Sutton Pond Condo Trust T0: Charles A Perkins Jr, Esquire Perkins & Associates (Charles A) 73 Princeton Street Suite 306 N Chelmsford, MA 01863-1558 NOTICE OF DOCKET ENTRY You are hereby notified that on 08/04/2004 the following entry was made on the above referenced docket. RULINGS AND ORDER on Motion to Enforce Setttlement Agreement. The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Edquire, submitted to the Court on July 12, 2004 in connection with this matter. It is hereby ORDERED that with respect to section 2(d), access to Building A shall be reasonable. Neither party to the Settlement Agreement shall attempt to use this Agreement to impede or enlarge reasonable access to Building A. Patrick J. Riley, (Justice) Copies of Ruling and Order, mailed on 8/4/2004 Dated at Salem, Massachusetts this 4th day of August, 2004. Thomas H. Dri-coll Jr., Clerk of the Courts BY: JoDee Doyle - Sheila Gaudette Assistant Clerk Telephone: (978) 462-4474 cvdcenenc_2 wpd 490525 oidei htnchion 12/29/18 SAT 21:44 FAX I9001 GSD Associates • . 148 Main Street.Building A,North Andover MA 01845 Tel: 878 688 5422 Fax:978 688 5717 Web.www.gsd-assoc.com Computer Aided Design•Architecture • Planning• Interiors • Development Consulting MEMORANDUM FAX NO. (978)668-9542 DATE. 11-22-2004 TO: Michael McGuire CONIPANY: Town of North Andover Building Department FROM: Gregory Smith,AJA PROJECT: 148 Main Street Budding A PAGES/ENCU. 2 including this Dover Dear Mr.McGuire. This Morning I received a fax of a Building permit for the removal of a 6x8 shed and rec;onstrudion of the same footprint,for what I am assuming is the sewed pump house located and directly attedwd to the Stoma Mill DWIding located at 148 Main Street, Building A. Please be advised that the turner HAS NOT authorized the removal and construction of any work associated with our building or utilities serving the building. Nor have they authorized the permit application. In fact the most recent submission of the plan for construction has been mjeCW due to inadequate information and non compliance with the building code. Furthermore we have not signed any application for a permit and any attempt to do so on our behalf constitutes fraud. This position was clearly stated to the adjacent Condominium as well as a number of items which would be required for our approval. These included plans and specitications of the work proposed. Details of the footings and foundations and the measures to be taken to sone the adjacent nibble stone foundation during excavation. Nona oif this information has been submitted to the owner for review and approval. Please be advised that this perrnit was applied for in a fraudulent manner and has not been approved by the Owner. Any work on this property prior to the Owners approval will be considered as tresspassing. Please call If you have any questions 978-6M5422 x203 Greg Sincerely, GSD Associates Archited cc: Mark Sampson,esq. -Devine Millimet 8 Branch Linda VanDeVoorde Matt Dykeman-Eszex ManagemenuSutton Pond Condominiums Towl Of .t * waver N LO 1.• .. r +;� r OD O O O � Q IBOAIWHEALTH Of A d til Y 'o. m FOO&Khdm age PERMIT T B�1I�.DlI'Gti Il�iB�$Cl'aR V � TO M � .tw...r.... «.u�HU�m�.�t�.r.oawP....r...nua�....n n...r.......N..ur.r.ww«N.. n a �� N ��dfN�.r� �W ,If Y�..r......M.PP�N.tY.w.1....n.... (� i .a.ON.NI.. MN tY I H 10 im avow�.Utt tNNY.. �tH ^M. li My In •7md s� a dmfnwmrym M � � tea 00a',' t�fhe iMpa��A i1i�I�o�U�lo� �M�plN�ll1� ON��t► int fn A�Tim of tlmtMr. � VIVJ11lIM d tlm Im"it�i brims Vf tit PERMf'f P IN b MQNT�-IS �. crc�► MW CWSMLJCnON AR'T'S BW* aAt awvim Cftw uu O � 00 h N �! C 0,,par® f mm* RMONd tO Ou B' ldm$ ora e .. l opley m a consplems "m on t m lGiSN — Qa Nd mmm Zho or ON Wd To 8e Dane ryasrr Unto f and pmwd by the 1luldIngpe m<. � d � o �IeRt N0. SEE REVERSE SIDE N FORM U --LOT RELEASE FORM INSTRUCTIONS: 'This form is used to verify that all necessarya rovals/ pp permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. ******APPLICANT FILLS OUT THIS SECTION*********************** f JI i APPLICANT ✓� 2!c» �1�&J PHONE_116 _5 CD3? LOCATION: Assessor's Map Number PARCEL y SUBDIVISION LOT (S) STREET__I q& Migjy S7-i2 • N.9ND L,Ib12 M.9 ST. NUMBER **********OFFICIAL USE ONLY ***** RECO DATIONS OF TO _ AGENTS: CONSERVATION ADMINISTRAT DATE APPROVED � =9 f.' DATE REJECTED COMMENTS I TOWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED SEPTIC INSPECTOR-HEALTH DATE APPROVED DATE REJECTED COMMENTS PUBLIC WORKS-SEWER/WATER CONNECTIONS DRIVEWAY PERMIT FIRE DEPARTMENT RECEIVED BY BUILDING INSPECTOR DATE Revised 9197Im aUTTON POND %i STEVENS BRADSTREET COOLIDGE , ,X, KITTRID GE FOSTER IDS ice\ • . v � I ' ! I .- _•(#ORTS COUA � • .. '�'i�. �l ! 1' RESIDE HT ' RESIDENTS,CLUE ' \ f 4'• HEALTH a FITNESS _ OSGOOD yl.r ABBOT , ENTRYoso '` - y __ ;i '� l L .ILA. LL _ •, __ 4 �Ck CA I l P O N D I ��BOARD OF�t�fL�I�G`�R.E License: CONSTRUCTION SUPERVISOR Number: CS 084795 Birthdate:.05113/1967 Expires: 05/1312007 Tr.no: 84795 Restricted:. 00 EVA14GELOS LIAPI$ 36 CENTRAL RD#3 G � SOMERVILLE, MA 02143 Administrator ✓fze LnomUnza�au�ea� a�.,(-�flll4t�de�6 Board of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR Registration: 138595 Expiration: 4/23/2005 Type: DBA EVANEGELOS LIAPIS/OLYMPIC EVANGELOS LIAPIS 515 LOWELL STR ,,,i PEABODY,MA 01960 Administrator I Cl o •255 O ACORD- CERTIFICATE OF LIABILITY INSURANCE orn>ID4 rn PMl mcm THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION S.K.McG91'thy Ins.Agcy.lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 10 Centennial Drive ALTER THIS CERTIFICATE DOES NOT AMEND,OCTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Peabody ,MA 01960 978 532'54+15 INSURERS AFFORDING COVERAGE NAIL a INSURED MIunRA: Conexc0 Insurance Aoency Newton Property Services,LLC *=mg it The Travelers Insurance Company do Olympic Painting&Roofing tNsumne: Granita State Insurance Cc 300 Andover Street,Suite 391 OMPUR 0: Peabody ,MA 01960 D+IUHIp COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUMD NUCD ADOVC FOR THE POLICYPERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONOMON OF ANY CONTRACTOR OTHeR 00CUMeNT WRH RCSPCCT TO WHICH THIS CERTIFICATE MAY Be issuED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES 02SCRIS ED HEMIN IS SLIGJCCTTO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OR SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INN ISO CT YMN�CIIVM TTPp OF INSURANCU POUCT NUMODR POA UNITS A OENGUXLURBLOT NPP699939 WIT1114 OW1710S EMHxCUnRE ee Z1,00,000 x COMMSRCIALOfiNGRALLWuuTY T CNTCO s100 p00 CLJUMs MMOL g OCCUR Me0 for a►. un Z5.000 X BIIPD Ded:500 11,000,000 cENCRALAconccl►T� s 000 000 00M.A00160ATGLIMTAIRMW Kit w�ODIJcr�.cOMpJa+Aoo s1 000 000 POLICY M LOC B AWWOMOSILIUANIUTT 1610404GA037IND03 1011S1D3 10115104 COM.IK 000 i u10LILIMT AN1500YAUTD - ALLOMEOAUTOG boOD.TINJUNT s X =11MULCOAUMS PWOWMI) L HIACOALITOS OOPLYINJURY s X NOrAcwNIaAUTOS (Pwa�sltlHq I I�P.►�tl�.nq wwt: s OAAAOILWOUTY At1rOONlv.PwACGOFNr s ANYAUTOCAACC i QQM01}IeRTTiAN TI wan S CKC==MORL'UA UAWLRT GCH OCCURRONCO s OCCUR CLAIM"-MAOC A130MOATI s i ee0ucnbLe 1 neT>•NmoN s s C WORI{IRIcoMPINSAT10NJwD WC4315629 04101104 04/01105 O PLOT!WUMMUtY AWPROMCMNPAWNERt 42CU ve r•�Iuuaaacp0'NT 1500 D00 OFFICCMA0C[R01CX.U0[OT CL0MCASC-rACMPLarr.S 1500000 If:11x diryA7bjMIGN I" e.L.rnlwe.POucrUMrr 1500000 OCOCRPMPI OP OPeRAT10N!I LOCATIONS I VTiNICUIR IMCLUSIONSAMOB M&=RSDRZWI SPCCULPROVIM= The certlficateholder Is listed as additional Insured with respect to liability arising out of the nomad InsureWs operations performed on behalf of the certlfieateholdor. CERTIFICATE HOLDER CANCELLATION ffMWUTANYOPTHCAOOWOISCRIaCOPOUCIOIOICANCILLIObEPOR!THE OWImn N OAT47HCRCOP.TNCDISUlNe1NSUMP"LLINDSAVORTOMAL In OATSriNRTBN NOTK4TOTHSCORTIPICATIHOWBIJRTO LOPr.UUTrAILURET000SOdKKU1. IM M NO ONUCAMON OR LNSILrtT I lg b ON THE INSURCN.ITS Aa MTA OR RS .NTA ! AwHORtaO ASM+ISINTATiVD ACORO 24(2001100)1 of 2 195400 LEG 0 ACORD CORPORATION 1088 14-1 �...' M The Commonwealth of Massachusetts d Department of Industrial Accidents Mice of Investigations Boston, Mass. 02111 - W0fkers'Compensation Insurance Affidavit Name Please Print Name: Location: City Phone # I am a homeowner performing all work myself. 0 I am a sole proprietor and have no one working in any capacity F-1 I am an employer providing workers'compensation for my employees working on this job. Company name: Address city* Phone# Insurance.Co. PnIIcV# Company name: , Address City: Phone# Insurance Co. Poli # Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition Of criminal penalties of.a fine up to;1,500.00 and/or one years'imprisonment-as Well.as_civil.penaitiesin.thGlam ofA_STOP.W..ORK OF�DER..and_a.fine.d_($J00,pD)_aA,,ag�.�, I understand that a copy of this statement may be forwarded to the Office d Investigations d the DIA for coverage verification. I do hereby certify under pins and allies of perjury that the imbrmation provided above is true and co►rect Signature Date v Print nameC,o, Phone# Official use only do not write in this area to be completed by city or town official' City or Town PermitiLicensin []Checkif immediate response is required Building Dept 0 Licensing Board Contact person: [] Selectman's Office Phone#. Health Department Other NORTH { Townof _ gAndover to No. . , == A dover, Mass., qr/& Sir COCHICME WICK %- ADRATED p`Pat-`y S ` BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT1 S ............... .................................................. Foundation has permission to erect....RVINO4040 ...... buildings on...........T..8.....00.0 ...IV....11. ............................. Rough to be occupied as... ... .. ......`.. ........ '.. .......................... .�•fr% Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final ELECTRICAL INSPECTOR UNLESS CONSTRUCTIONTARTS IAw Rough lService .... .. BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rou Display in a Conspicuous Place on the Premises — Do Not Remove Finagh No Lathing or Dry Wall To Be Done FIRE Until Inspected and Approved by the Building Inspector. DEPARTMENT Burner Street No. SEE REVERSE SIDE j Smoke Det. � � �.T � �� `l t t J f , � i aE -- .'� ...'M ', 1 } �� �', �� �. i � � .. � � } � 1 . ' . �>_ ��� �� �� � �� � �; V .� f <� ;� Atr` i � F. ski ''* iIt f ��r y 1 � jFhfFtSSS . 1 ,•, ,� fl 1�� t4 �,. �. 1 � � �xs (��� �R k f i FROM :S&B Enterprises LP. FAX NO. :603 434 9516 Oct. 19 2003 10:3BAM P1 S&B ENTERPRISES,LP 9 ADAMS POND ROAD DERRY,NH 03038 603 434-9516 FAX 434-9516 DATE:October 19,2006 TO: GSD Associates,LLC PROJECT:Sewer Repair work 148 Main Street, as per dwgs by GSD dated 7/25/06 N.Andover,Ma.01845 TERMS: 1/3 initially 1/3 after installation of pump tank Balance upon completion We propose to furnish labor,equipment,and materials to do the following; 1. To excavate pump tank bole and build building foundations as per drawings in location to be designated by architect. 2. Install the pump tanks with antiflotation collar encased in concrete 3. Backfill with stone and pour the floor slab 4- Erect the building,insulate and side as per drawings.Building to be warranted for 3 years for defects in workmanship and materials. 5. Install sewage ejection pumps as per specifications.Pumps to be warranted by the manufacturer for 5 years. 6. Pump piping and electrical to be completed 7. pump discharge pipe to be connected to pipe supplying discharge junction box. 8. Existing building to be demolished and removed from site All the above for the sum of$28,960 Liability Insurance is included Massachusetts License#055575,Registration 0123946 Terms of payment:Terms are as stated in this proposal.Should the Buyer fail to pay as agreed then the Seller may suspend work,without prejudice to any claims for damage Seller may be entitled to make until satisfactory terms,conditions,or security is received by the seller.Failure to pay as agreed constitutes a breach of contract,and the Seller reserves all legal remedies against the Buyer for monies due including recovery of legal fees and court costs.Unresolvable differences will be arbitrated by a private arbitration service whose decision will be binding on all parties. PLEASE SIGN AND RETURN ONE COPY This proposal when signed by the Seller and the Buyer constitutes a binding contract.You,the Buyer,may cancel this contract any time prior to midnight of the third business day atter the date of this contract. This proposal remains valid for acceptance within 30 days unless otherwise nnted. ACCEPTED X BY DATE a E1V'TERi'ttTB - 10/19/2006 THU 09:46 [TX/RX NO 6316] 0]001 i FROM :S&B Enterprises LP. FAX NO. :603 434 9516 Oct. 19 2003 10:38AM P2 S&B ENTERPRISES,LP 9 ADAMS POND ROAD, DERRY,NH 03038 603 434-9516 FAX 434-9516 Proposal October 19,2006 TO: GSD Associates,LLC 148 Main Street, N.Andover,Ma. 01845 RE: Sewer repair work as per GSD drawings dated 7/25/06 The pump installer will inspect the pumps three times a year and make adjustments as necessary for a period of three years.This agreement will be at$600 per year_ If this proposal is acceptable a more formal and detailed contract will be presented for your approval. Yours truly, 10/13/2006 THU 09:46 [TX/RX NO 6316] Ia002 i NVIN �ILLJMET ATTORNEYS AT LAW December 9, 2004 MARK J.SAMPSON MSAMPSON a EVINEMILLIMET.COM VIA FACSIMILE 978-251-3608 AND FIRST CLASS MAIL Charles A. Perkins, Jr., Esq. Perkins &Anctil, P.C. 73 Princeton Street, Suite 306 North Chelmsford, MA 01862 Re: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Attorney Perkins: This is to acknowledge receipt of your facsimile dated December 7, 2004 in the above-captioned matter. Please be advised that my client certainly wants the work completed as set forth under the terms of the parties' Settlement Agreement. However, it is absolutely necessary that the work be performed in a competent manner and in compliance with all applicable regulations. Please consider the following as a response to your correspondence dated November 19, 2004 and December 7, 2004: 1. Trash — In your November correspondence, you attempted to insert requirements that were not contained in the parties' agreement. As you know, my client agreed to remove his own trash to the existing dumpster located in the visitor parking area, and to pay for the removal of two yards of trash per week, which is significantly more than he generates. Sutton Pond thereafter requested that it be permitted to pick up my client's trash for a period of one (1) month to verify this quantity and then my client would be tasked with removing it from then on. Despite the fact that my client notified Sutton Pond's manager that trash needed to be picked up, he failed to do so, and as a result, my client is now placing the trash in the existing dumpster per the agreement. My {1304 1\59266\A0081743.1} DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & BRANCH PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMILLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 NORTH HAMPTON, NH Charles A. Perkins,Jr.,Esq. December 9,2004 Page 2 client also requests that Sutton Pond remove the two (2) green trash barrels that were placed there several weeks ago. 2. Parking — Contrary to your claim in the November correspondence, all parking areas have not been designated. Specifically, the agreement required a single parking space at the location which is now numbered 075 adjacent to the access way to the rear of Building A. This sign has not been provided. 3. Sewer Pump System and Shed Construction —As stated above, my client has no desire to delay or prevent this work from being done. However, he does demand that the work be done properly. Significantly, construction cannot begin until my client's engineer has approved the plans and specifications. To date, no such plans or specifications have been provided. In fact, the letter from Norfolk Ram Group confirms the fact that the previous scope of work was not adequate. Simply put, the current scope of work is not acceptable to my client as it is not in conformance with code. More importantly, the Gould's pump model no. WS2012BHF does not appear to be a grinder pump as was agreed upon. No mention of this missing specification item is made in the letter from Norfolk Ram Group. The letter provided by my client's engineer listed a Zoeller Pump that met the specifications for head and flow as well as a grinder. Furthermore, the pump house needs to be heated and will also need to meet the requirements of the building code. This includes an insulation foundation and slab, an interior finish on the insulated walls and roof structure. Height of the interior space needs to meet code, and specifications of the material to be used needs to be made as well as plants indicating the relationship of the new pump shed to the existing granite stone needs to be indicated. The existing foundation is a loose slade rubble stone foundation, construction adjacent to this foundation needs to be considered and engineered to eliminate settling and possible collapse of the stone building. Detail of the flashing of the roof against the granite stone needs to be shown. Materials to match the existing building, not vinyl siding. Details and specifications of the duplex control and alarm systems floats location and sequencing, wiring configuration, and power requirements for the pumps, and available power-at- the pump-house. The-information regarding-the replacement of pipes needs to be shown on a plan. Burial depth, size of pipes, valves, venting, should be shown. Calculations of the sump pit size for storage volume and discharge need to be made. {13041\59266\A0081743.1} Charles A.Perkins,Jr.,Esq. December 9,2004 Page 3 In conclusion,my client has in no way prevented Sutton Pond from completing its work under the Settlement Agreement. The fact that your client has repeatedly attempted to circumvent the requirements of the agreement has caused the delays. Please have your client send the plans and specifications as soon as possible. I look forward to your prompt response. Very truly yours, Mark J. Sampson MJS:tlm cc: Gregory P. Smith {13041159266\A0081743.1) PERKINS &. ANCTIL, P.C. ATTORNEYS AT LAW 73 PRINCETON STREET,SUITE 306 NORTH CHELMSFORD,MASSACHUSETTS 01863-1558 TELEPHONE(978)251-8509•(800)642-4906 FAX(978)251-3608 REAL ESTATE FAX(978)251-3859 www.perkinslawpe.com CHARLES A.PERKINS,JR.* OF COUNSEL ROBERT W.ANCTIL* ROSEMARY A.MACERO* GARY M.DADDARIO ANITA L.CHMILARSKI DIRECTOR OF OPERATIONS *ALSO ADMITTED IN NH December 9, 2004 Town of North Andover Building Department ATTN: Mr. Michael McGuire 27 Charles Street North Andover,MA 01845 RE: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Mr. McGuire: This correspondence will serve as a follow-up to our December 7, 2004 whereby we enclosed a copy of the Settlement Agreement regarding the above matter. Please be advised that we inadvertently enclosed the incorrect version of the Settlement Agreement. Therefore, enclosed please find the correct version as well as Exhibit "C" describing the construction of the shed. I apologize for any inconvenience this may have caused. Should you have any questions, please do not hesitate to contact me. Very truly f ours, s �r C es Perkins, Jr, CAP/sma Enclosures cc: Trustees, Sutton o Pond Condominium , Mark J. Sampson, Esquire i SETTLEMENT AGREEMENT This Settlement Agreement(the"Agreement")is entered into this day of December, 2003,by and between the undersigned Board of Trustees(the"Board"and/or the"Trustees")of the Sutton Pond Condominium Trust,a condominium created pursuant to a Master Deed,Declaration of Trust recorded with the Essex North Registry of Deeds at Book 3840,Page 37 and Book 3840,Page 84, respectively, said Trustees being the duly authorized representatives of the Sutton Pond Condominium Trust(the"Trust"),the organization of unit owners of the Sutton Pond Condominium (the "Condominium") established pursuant to M.G.L. c. 183A, on behalf of the Trustees and the Trust, as well as their successor-Trustees and all of the Trust's agents, servants, employees, and representatives, and Gregory P. Smith and Linda M.Vandevoorde,Individually and as Trustees of the Stone Mill Realty Trust,with a principal place of business located at 148 Main Street,Building A,North Andover, Essex County, Commonwealth of Massachusetts, as well as any and all of the Trust's agents,servants,employees,officers,directors,members,attorneys,representatives,trustees, beneficiaries,partners,shareholders,affiliated entities and representatives,(hereinafter collectively referred to as the "Stone Mill Realty Trust"). WHEREAS, Stone Mill Realty Trust brought a Declaratory Judgment Action,Docket No. 99-01960 against the Trustees involving rights associated with Building A, as set forth herein and below; and WHEREAS,the Defendant in said action was the Sutton Pond Condominium Trust; and WHEREAS,initially,the entire property which includes Building A and the Condominium Trust was owned by Elm Mill Realty Trust which was established by a Declaration of Trust recorded in the Essex North Registry of Deeds at Book 3675,Page 247; and WHEREAS,Elm Mill Realty Trust purchased this property from URDAC,Inc.by way of a deed recorded on March 11, 1992 in the Essex North Registry of Deeds at Book 3675,Page 255;and WHEREAS,URDAC, Inc. attempted to develop the property and secured a Decision from the Town of North Andover, Massachusetts dated December 22, 1992 and recorded in the Essex North Registry of Deeds at Book 3675, Page 220; and WHEREAS, Elm Mill Realty Trust II was established by way of a Declaration of Trust recorded in the Essex North Registry of Deeds at Book 3840,Page 233; and WHEREAS, a Notice of Lease from the Trustees of the Elm Mill Realty Trust to Elm Mill Realty Trust II regarding Building A was recorded in the Essex North Registry of Deeds at Book 3840, Page 33; and (I 3041\59266\AO058790.11 1 i WHEREAS, immediately after the recording this Notice of Lease,Elm Mill Realty Trust I created the Sutton Pond Condominium Trust by way of a Master Deed and Declaration of Trust recorded in the Essex North Registry of Deeds at Book 3840, Page 37 and Book 3840, Page 84, respectively; and WHEREAS,Elm Mill Realty Trust II conveyed the rights associated with Building A by way of a Bill of Sale and Assignment recorded in the Essex North Registry of Deeds at Book 5093,Page 234 and Book 5104,Page 213,respectively to George B. Stern; and WHEREAS, on June 30, 1998, Gregory P. Smith purchased the property from George B. Stern; and WHEREAS,title to the property was taken by Gregory P. Smith and Linda M.Vandevoorde by way of an Assignment and Bili of Sale recorded in the Essex North Registry of Deeds at Book 5104,Page 214 and Book 5104, Page 215, respectively; and WHEREAS,a Declaration of Trust establishing the Stone Mill Realty Trust by Gregory P. Smith and Linda M.Vandevoorde as Trustees was recorded in the Essex North Registry of Deeds at Book 5384, Page 321; and WHEREAS,an Assignment of Lease from Elm Mill Realty Trust to Stone Mill Realty Trust of any interest associated with Building A was recorded in the Essex North Registry of Deeds at Book 5384, Page 327; and WHEREAS, an Assumption of Lease by Stone Mill Realty Trust of any rights associated with Building A was recorded in the Essex North Registry of Deeds at Book 5384,Page 329; and WHEREAS,the entire Ground Lease between Elm Mill Realty Trust and Elm Mill Realty Trust II, dated September 15, 1993, was never recorded with the Registry of Deeds (although the Notice of Lease was recorded at Book 3840,Page 33); and WHEREAS,a dispute has arisen regarding various rights associated with the use of Building A,the Ground Lease and the right to use common areas in the Sutton Pond_Condominium Trust;and WHEREAS, Stone Mill Realty Trust, in its Declaratory Judgment, has requested relief by way of seven Counts against the Trustees; and WHEREAS,these Counts include Count I,Declaratory Judgment regarding parking spaces; Count II, Declaratory Judgment regarding trash removal; Count III, Declaratory Judgment with respect to maintenance of right of way; Count IV,Declaratory Judgment with respect to vehicular access to rear of building;Count V,a count in equity for failure to demolish old sewer pump station and install pump to courtyard lift station; Count VI,negligence; and Count VII, Chapter 93A; and {I 304 1\59266\AO058790.1} 2 WHEREAS, the Trustees have filed an Answer and Counterclaim and a Request for Declaratory Judgment; and WHEREAS,Stone Mill Realty Trust has maintained that rights exists as to the property as a result of the Ground Lease; and WHEREAS,the Trustees have maintained that first Stone Mill Realty Trust has no rights in the common areas of the property,both under the law and/or under the Ground Lease; and WHEREAS,the parties desire to resolve this matter and forego the expenses of any further litigation. NOW THEREFORE, in consideration of the foregoing and for other good and valid consideration,the parties agree as follows: The following terms and conditions will be binding upon all parties,their heirs and assigns regarding the specific issues set forth hereunder: 1. Sewer: The Trust shall cause to be installed a duplex pump with an alarm system,as set forth in Exhibit"A" hereto, subject to Stone Mill Realty Trust's review and approval prior to installation,to the current sewer facilities which are adjoining Building A within thirty(30)days of the execution of this Agreement,weather permitting. The Trust farther agrees that the new duplex pump system will be installed to meet all codes and that an engineer will certify same. The Trust will enter a maintenance contract with United Compressor and Pump Technology as of the date of the execution of this Settlement Agreement, a copy of which is attached hereto and incorporated herewith and identified respectfully as Exhibit`B"and shall maintain this contract and pay for the same for a period of three(3)years from the date the new duplex pump system has been certified as meeting all codes. During the three (3)year period, the Trust shall be responsible for the maintenance, repair and if necessary,replacement of any pumps and/or alarm systems related to the same. This shall not include components and pipes outside the pump system which exclusively serve Building A except as set forth below. Stone Mill Realty Trust agrees that the pump and alarm system and all components thereto shall not be used in a manner contrary or inconsistent with any applicable statute,rule or regulation of the Department of Protection("DEP") or the North Andover Board of Health and that any such use would hereby be prohibited. At the end of the three (3)year period, the Trust shall transfer,to the extent necessary,the pumps and alarm system to the Stone Mill Realty Trust in a good and workmanlike manner as certified by United Compressor Pump and Technology. Thereafter,Stone Mill Realty Trust shall be responsible for the maintenance,repair and replacement of the same and all components thereto. {13041\59266\A0058790.1} 3 The Trust shall design and construct a new shed to house the pump system, as set forth in Exhibit"C" attached hereto and incorporated herewith. This shall be completed within thirty(30) days of the execution of this Agreement,weather permitting. The Trust shall have the right to obtain the necessary permits establishing the lawful use of the system. However, the Trust shall not be obligated to apply for any said permits, with the exception for work that is required to be completed hereunder. The Trust agrees to indemnify and hold Stone Mill Realty Trust harmless to the extent any actions are brought against Stone Mill Realty Trust by any State,Federal,and/or municipal agency requiring that said permits be obtained. In the event that said action is brought against Stone Mill Realty Trust, the Trust agrees to assume responsibility to obtain the necessary permits and/or defend any action regarding the same. This shall be the total and full responsibility the Trust has to Stone Mill Realty Trust regarding this issue with the exception that the Trust and Stone Mill Realty Trust shall each be responsible for fifty percent(50%)of the total costs of the replacement of any sewer pipes from the sewer pump station which serves Building A to the Town Sewer. In the event any work is required in regards to the same,the parties agree to employ a mutually acceptable contractor to perform any said work and shall work with each other in a reasonable fashion to agree upon said contractor and the scope of any said work. Notwithstanding the above,the Trust shall not have any responsibility or obligations under this Paragraph for matters resulting from negligence on the part of Stone Mill Realty Trust, their agents, servants, employees and/or tenants. Included in this is the Stone Mill Realty Trust's obligation to notify the Trust of any maintenance, repair and replacement issues in a timely and reasonable manner. 2. Parking: (a) The Trust will provide Stone Mill Realty Trust the exclusive use to use the ten(10) visitor parking spaces located behind the Granite Building,Phase VIII,all as set forth in Exhibit"D", attached hereto and incorporated herewith(the"Visitor Parking Spaces). The Trust shall place signs indicating this exclusive use. The exclusive use hours shall be Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. Said signs shall be placed on the site,weather permitting, within thirty (30) days from the date of this Agreement. Said signs are described and set forth in Exhibit "E" attached hereto. (b) The parties acknowledge that the area located to the west of Building A and lying on the same side of the roadway as Building A has been and shall continue to be appurtenant parking area for Building A(the"Building A Parking Spaces"). The Trust has removed the parking space stripes outside Building A and agrees that said area comprising the Building A Parking Spaces which is shown in Exhibit"F" shall be for the exclusive use of Building A. (I 3041\59266\AO058790.1) 4 (c) The Trust has established a parking and loading/unloading area which Stone Mill Realty Trust shall have the right to use. This area is designated on Exhibit"G"attached hereto and incorporated herewith. d In regard to vehicular access to the rear of Building A the Trust agrees to remove the ( ) g g g grass and flowers from the right side of the archway as the same looks from Sutton Pond to the leased Building (i.e.,the northerly side of the archway)and replace the same with compacted stone. There shall be two (2)types of access granted hereunder. First,the Trust acknowledges that Stone Mill Real Trust shall be allowed access as defined g �' , hereunder, through the archway to the rear of Building A by way of foot,hand cart,etc.while using the area granted by the Trust for parking as set forth in Paragraph(c) hereunder. Second, the Trust acknowledges that Stone Mill Realty Trust shall be allowed vehicular limited access through the archway to the rear of Building A for delivery of furniture,equipment or construction materials,where access to Building A is prohibited through the front of said Building. This access shall also include use during emergencies. An emergency shall be defined as a sudden, unexpected happening; an unforeseen occurrence or condition; and/or an event or events of unforeseen combination of circumstances that call for immediate action without time for full deliberation. Emergencies shall be limited to those which threaten the health and safety of the occupants of Building A or the surrounding Trust. It shall also include items which threaten the structure and/or structural consistency and components of Building A. All access contemplated hereunder will be limited from 9:00 a.m.through 5:30 p.m.,Monday through Friday with the exception of emergencies. Where access is by vehicle,said access shall only be for a vehicle which is no more than the width of the area that would exist thereto (75 +/- inches) and Stone Mill Realty Trust shall be required to take such actions to make sure that the rights of pedestrians are respected and not impeded. The access would be limited from the time of 9:00 a.m. through 5:30 p.m. Monday through Friday with an exception for emergencies. The Trust shall maintain the lower bridge in its current condition,capacity and width. Stone Mill Realty Trust and its tenants shall have reasonable access by foot to the rear of Building A. The parties abrec that they shall mutually cooperate shall access to the rear be sought vis-a-vis a vehicle. This shall include the property manager for the Board assisting Stone Mill Realty Trust in accessing the rear with said vehicle. Stone Mill Realty Trust further agrees to cooperate with the property manager and/or the Board's designee in the use contemplated hereunder. Notwithstanding any provision in this Agreement,the Trust shall not hold Stone Mill Realty Trust liable for such incidental damage caused to the flower bed and/or sprinkler system where the sidewalk turns towards the bridge in the common areas of the Condominium. (e) Stone Mill Realty Trust,its agents,servants and/or employees shall be liable for any damages caused as a result of this use and shall indemnify the Trust, as set forth herein. (f) The Trust agrees to remove the planter which is currently at the property and utilize a {13041\59266\A0058790.1} 5 2 granite post with a chain to limit access to the rear to be placed at the front of the archway in a manner which would not impede Stone Mill Realty Trust's access to the rear, based on all the provisions set forth herein. The Trust will provide to Stone Mill Realty Trust with a key for access thereto. Stone Mill Realty Trust will be required to relock the chain upon his ingress and egress to the rear of the property. Granite posts shall be set at a minimum clearance of twelve(12)feet apart. 3. Dumpster: The Trust will be responsible for the collection of Stone Mill Realty Trust's common everyday trash(no hazardous materials). Stone Mill Realty Trust shall pay on the first day of each month the equivalent of two (2) yards of trash. During the first four(4)months of this Agreement,the Trust will be responsible for the collection of Stone Mill Realty Trust's common everyday trash in order to confirm the amount. If the amount is in excess of two(2)yards, Stone Mill Realty Trust agrees to be responsible for any amount over and above said costs. Thereafter, Stone Mill Realty Trust shall be responsible for disposing of its own trash. Trash shall be placed in appropriate disposable bags and shall not contain any hazardous materials. In addition, the Trust agrees to allow Stone Mill Realty Trust to place a dumpster for short term construction projects in the parking areas set forth in Paragraph 2(b) above. This placement must still allow ingress to the Trust property and Stone Mill Realty Trust will be responsible for ay damage to persons or property caused by the same. For any professional work contracted,said contractor shall be responsible for the removal of any and all debris from the site at the cost of said contractor. 4. Trimming: The Trust shall allow Stone Mill Realty Trust to trim the trees which overhang Building A,so long as the same is done in an environmentally sound manner pursuant to a mutually agreed upon plan,and Stone Mill Realty Trust agrees to remove the cut branches,etc.from the Trust property. The Trust shall stipulate that the following is currently acceptable: (a) Stone Mill Realty Trust will trim the two(2)cherry trees and maintain the planter in front of the buildings; (b) Stone Mill Realty Trust will be able to trim any branch that is overhanging Building A at a location on the tree that is in keeping with generally accepted pruning techniques and as recommended by the company pruning the trees; and c No other trees will be damaged or removed. 5. Rear Sports Court Area: The Trust will allow Stone Mill Realty Trust and its tenants the use of the common areas which adjoin Building A, provided the same are used in accordance with the Rules and Regulations of the Trust,are cleaned up appropriately after use,and are not in any (13041\59266\A0058790.1) 6 way destroyed by the tenants. Further,said use by the tenants shall be in conjunction with the use of the same by the residents of the Condominium Trust. In exchange for this use, Stone Mill Realty Trust agrees to maintain the large flood light currently existing on Building A,as well as to pay for all electricity for the same. This flood light must be operated from dusk until no longer than 9:00 p.m. on a daily basis. The Trust will provide two (2) picnic tables for common use. Stone Mill Realty Trust agrees to hold the Trust harmless for any such use of the Rear Courtyard. 6. Snow Removal: The Trust agrees to remove the snow from the road and the ten(10) Visitor Parking Spaces and to maintain,repair and replace said roadway,hereby confirming the grant of an easement to Stone Mill Realty Trust to use the same. Stone Mill Realty Trust agrees to shovel the sidewalks at Building A and the Building A Parking Area and agrees to remove all vehicles from the Visitor Parking Spaces in accordance with any outstanding snow removal policies of the Trust. 7. * Si ns: The Trust hereby stipulates that the signage at the front of Building A as it currently exists as a 3'8" by 7'4" sign is to be used exclusively by Stone Mill Realty Trust in accordance with any and all Town requirements and Stone Mill Realty Trust may repair,maintain, replace said 3'8" and 7'4" signs as allowed by Town regulations. 8. Outside Structures,Facilities and Equipment: The Trust hereby acknowledges Stone Mill Realty Trust's rights to employ outside temporary structures,facilities and equipment to provide support to Building A. The Trust must be provided prior notice. Said notice shall include the length of time said structure will remain on the premises. The parties agree to mutually indemnify each other regarding the provisions hereunder. 9. Payment of Funds: The Trust shall pay to Stone Mill Realty Trust upon the execution of this Agreement,the sum of Ten Thousand and 00/100 Dollars ($10,000.00). 10. Miscellaneous Terms: (a) Stone Mill Realty Trust agrees that Stone Mill Realty Trust and/or its guests and invitees shall be bound by the Rules and Regulations of the Trust regarding parking, snow plowing and use of the common areas as they may be amended,a current copy of which are attached hereto and incorporated herewith and.identified respectively as Exhibit"H". (b) Stone Mill Realty Trust agrees to undertake and be responsible for all areas of Building A,both structural and otherwise,including the maintenance,repair and replacement of any items within said Building and all utilities regarding the same. (c) Insurance: The Trust agrees to maintain a general comprehensive insurance policy in compliance with the Condominium documents at the Association. Stone Mill Realty Trust agrees to maintain insurance as set forth in its current Certificate of Insurance attached hereto as Exhibit"I". (d) The parties agree that the Trust shall stand in the position as the Lessor and have all the rights,obligations and protections of the Lessor as set forth in the Ground Lease for Building A, (1304 1\59266\A0058790.1} 7 a copy of which is attached hereto and incorporated herewith and identified as Exhibit"J",except as modified by this Agreement. The Trust hereby acknowledges and accepts the terms and conditions of the Ground Lease. 11. Simultaneously with the execution of this Settlement Agreement and all other attachments hereto,the Trust will execute the Release of Claims,in favor of Stone Mill Realty Trust, attached hereto as Exhibit"K". Said Release will be deemed to take effect in accordance with the provisions of Paragraph of this Agreement. 12. Simultaneously with the execution of this Settlement Agreement and all other attachments hereto, the Stone Mill Realty Trust will execute the Release of Claims in favor of the Trust,attached hereto as Exhibit"L". Said Release will be deemed to take effect in accordance with the provisions of Paragraph _of this Agreement. 13. Simultaneously with the execution of this Agreement and all other attachments hereto, the parties will execute the Stipulation of Dismissal with Prejudice and Without Costs, attached hereto as Exhibit"M". Said Stipulation of Dismissal will be filed in accordance with the provisions of Paragraph of this Agreement. 14. As set forth in this Agreement,if any party shall default in any of its obligations under this Settlement Agreement, such party shall be liable in addition to all amounts set forth hereunder for all reasonable expenses incurred by the non-defaulting party as a consequence of such default including, but not limited to, the costs to cure said default, arbitration costs, as well as any other costs and fees set forth hereunder. 15. The parties agree to indemnify and hold each other harmless from any and all work contemplated hereunder and any and all damages relative to the same as well as to each party's respective obligations under this Agreement. Further, Stone Mill Realty Trust agrees to indemnify and hold harmless the Trust,its agents,servants and/or employees from the use of common areas as well as ingress and egress from Building A to the common areas of the Trust. 16. Each party, as stated above, shall at all times be obligated to comply with the terms and conditions of this Agreement. Notwithstanding fads,the defaulting party shall reimburse and repay the non-defaulting party,their agents,servants and/or employees,all expenses and other sums incurred by the non-defaulting party and/or their agents, servants and/or employees for the enforcement of this Agreement,the collection of any monies due hereunder, and the curing of any default and/or breach of this Agreement, along with the costs associated thereto, including reasonable attorney's fees and costs. Each party, at their discretion, may but are not obligated to, cure any defaults and the costs thereof including reasonable attorney's fees and shall be reimbursed to said non-defaulting party by said defaulting party within ten (10) days of the defaulting party's receipt of notice of any such expenditure, provided, however, that prior to making any such expenditure or taking any said action to cure said default,the non-defaulting party shall first give to the defaulting party,notice of such default and afford the defaulting party seventy-two(72)hours or such shorter time as is mandated by the default, to enable the defaulting party to first remove the {13041\59266\A0058790.1} 8 default under this Agreement. 17. The failure of any party to perform its obligations as set forth in this Agreement shall be a default of the same and subject the defaulting party to the enforcement provisions of this Agreement. All remedies,wherever they may appear including,but not limited to,those set forth in this Agreement,those that may exist in the Condominium documents and rules and regulations as well as those set forth in law are accumulative. 18. This Settlement Agreement and all attachments hereto will be executed in triplicate original by the parties, so that each party will have a full set of signed instruments and an additional set of signed instruments will be available for filing with the Court,or recording with the Registry,as the case may be. Upon execution by both parties of this Settlement Agreement and all attachments hereto,the parties agree that the following acts will be undertaken: (1)the originals of the executed settlement documents will be distributed so that counsel for each party has a full set,to be held in escrow and distributed from escrow to each such counsel's client in accordance with the following: (2) an original of Stipulation of Dismissal will be filed with the Essex Superior Court action, whereupon the originals thereof may be released from escrow by counsel for the respective parties; (3)upon docketing of the Stipulation of Dismissal in the Superior Court,the Releases of Claims may be released from escrow by counsel for the respective parties. 19. The parties agree that Stone Mill Realty Trust shall withdraw its appeal to the North Andover Zoning Board of Appeals pending the Trust's compliance with Paragraph 1 of this Agreement. 20. Each party represents and warrants to the other party that all consents, approvals, and/or votes required for this Settlement Agreement and to execute this Settlement Agreement (including all attachments hereto) have been obtained by each such party; that the undersigned Trustees of each party are duly authorized and empowered to execute and perform this Settlement Agreement and the attachments hereto; and that the other party may rely upon the execution of this Settlement Agreement as binding the party so signing. 21. Any dispute that remains unresolved under this Agreement shall be referred to and resolved by binding arbitration before the American. Arbitration Association or other. mutually agreeable tribunal. 113 04 1\59266\A0058790.1} 9 EXECUTED as a sealed instrument on the date and year first above written. BOARD OF TRUSTEES GREGORY P. SMITH, Individually and SUTTON POND CONDOMINIUM TRUST, as'Trustee of the Stone Mill Realty Trust By: LINDA VANDEVOORE, Individually and as Trustee of the Stone Mill Realty Trust By: (1304 1\59266\AO058790.1} 10 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 20 On this day of , 2004, before me, the undersigned notary public, personally appeared the above named , and ,proved to me through satisfactory evidence of identification, which was , to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the duly authorized Board of Trustees of the Sutton Pond Condominium Trust. Official signature and seal of notary My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 20_ On this day of , 2004, before me, the undersigned notary public, personally appeared the above named Gregory Smith,proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to be that he signed it voluntarily for its stated purpose as a Trustee of the Stone Mill Realty Trust. Official signature and seal of notary My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 20 On this day of , 2004, before me, the undersigned notary public, personally appeared the above named Linda Vandevoorde, proved to me through satisfactory evidence of identification,which was ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose as a Trustee of the Stone Mill Realty Trust. Official signature and seal of notary My Commission Expires: 11 {13041\59266\A0058790.11 EXHIBIT RU-30-2004(NON) 14: 55 Dave R (FAX)9785352008 b a nCn OLYMPIC painting de Rooting oMce 978-SiSM43 S I�Mell Street—P=-Wy.MA 01960 f cAmile 979.45-2008 Matt Dykeman Essex Manusemc t P.O.Dox 2096 Haverhill.MA 01831 978.469-1232 978-687-8640 fax August 30,2004 _ Protrert_v i_.or_ation: Sutton Pond Smith Pump Howc Station Dort'Matt, The following estimmtc for the building of a shed at the above location. The following details describe the work that will be performed. Procedure. • We wt'!1 be building a 6'xg'shed • Wood at base will be pressure created • Walls will be ayproximately 21;w • We wlii be using OSB shcatlag • install vinyl siding on outside of shed • Install GAF 3-TAB shingles on roof COLOR: • The floor is not included • Remove all of debris Cost for Labor&Matorral: ,Payment Terns: 5096 deposk,and SO%due upon completlarr. Warranty: Olympic Painting dL RooGng Company Inc, guarantees all-work performed for a period Of one year. If any problems oowr we w ll cover the cost of all labor and main ial to correct the problem and meet the asWmces 8a6Sfactivrt. David Ranson Project Manager Mad D,kcmco LMCS,Inc.d/b/a Olympic: Proms,Man%,cr AMERICAN ARBITRATION ASSOCIATION Construction Arbitration Tribunal In the Matter of the Arbitration between: Re: I 1 110 E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust and "Claimant" Trustees, Sutton Pond Condo Trust "Respondent" DISPOSITION OF APPLICATION FOR CLARIFICATION OF AWARD 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties and dated December 1, 2003, and having been duly sworn,and having duly heard the proofs and allegations of the Parties,and having previously rendered an Award dated October 18,2005 and A Disposition for Application for Clarification dated December 6, 2005 and Charles Perkins, on behalf of Respondent,having filed an application for Clarification dated January 20,2006,and Gregory Smith,Claimant,having responded by letter dated February 6, 2006; and Charles Perkins, on behalf of Respondent, having filed a response thereto dated February 10, 2006, and Gregory Smith, Claimant, filed on February 16, 2006, a "New Request for Clarification/and or Reconsideration", and Charles Perkins, on behalf of Respondent, responses to Respondent's response dated February 22, 2006 and March 17, 2006; and Gregory P. Smith, Claimant, filed a Response dated February 27,2006 and March 20,2006 do hereby,DECIDE,as follows: In response to Respondent's "Request for Clarification" received by the Arbitrator on January 20, 2006, the following Order clarifies the required compliance of item 2 of the Award of the Arbitrator. I. All site plans given as exhibits to the Arbitrator have a numerical 2 over the location of the alleged Claimant's assigned parking location and are not clear on the dimensions of parking Spaces. 2. Claimant's exhibit 417,sketch by OSD Associates,dated 12/2/03 reflects a"designated parking and loading area for Building A"located parallel to the existing parking area facing the"Osgood Building". The Arbitrator notes that,at the time of the site visit,this unit had a residential unit Designation. 3. The Arbitrator's order of October 18,2005 and Clarification dated December 6,2005 are clear as to meeting the requirements of the parking issue. The Arbitrator hereby orders a clarification on the assigned parking space area of no less than 18.5'X 9'with no overhang into the fire lane or 3' walkway to access to rear of Building"A"in accordance with the Massachusetts Department of Public Works,Highway Design Manual. 4. The Arbitrator's Order of October 18,2005 allows for an alternate location that meets the above conditions. In response to Gregory P. Smith,Claimant's,"New Request for Clarification and/or Reconsideration dated February 26,2006,the following order clarifies compliance of the Award of the Arbitrator. I. The Arbitrator's Order of October 18,2005 is clearas to the requirements of the Sanitary Pump System.The parties have Massachusetts Registered Professional Engineers and various Town Boards to design and install a Sanitary Pumping System that is fully meet to the orders of the Arbitrator. Page I of 2 In the Matter of the Arbitration between: Re: 11 110E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust and "Claimant" Trustees,Sutton Pond Condo Trust "Respondent" DISPOSITION OF APPLICATION FOR CLARIFICATION OF AWARD 2. Compliance must be met with the approval of the Board of Health,Department of Public Works and the Town Engineering Department. The Arbitrator will not allow further arguments,testimony or exhibits beyond the date the hearing was closed. The response to Request for Clarifications by both Claimant and Respondent is clear and supports the Order of October 18,2005 In all other respects,my Award dated October 18,2005 and my Disposition for Application of Clarification of Award dated December 6,2005 are reaffirmed and remain in full force and effect. r� Mr.Richard ` ' A.V�Ikan ID to I,Mr.Richard Volkin,do hereby affirm upon my oath as Arbitrator that I am the individual described in and who executed this instrument,which is my Disposition of Application for Clarification of Award. Mr.Richard A.Volkin 2- Lcga ate Page 2 of 2 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL NO. 99-01960 GREGORY P..SMITH&othersi v. SUTTON POND CONDOMINUM TRUST ORDER ON MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ARBITRATION AWARDS Movant filed this motion to enforce a Settlement Agreement reduced to a judgment on August 4, 2004. This motion is.also to enforce Arbitration Awards issued in late 2005 and the first half of 2006. After considering the pleadings, supplemental pleadings,responses and supplemental responses as well as all the exhibits and affidavits, it is hereby ORDERED as follows: 1. Respondent did not complete and or properly construct the Sewer Pump Station presently serving Movant's property. Respondent must properly construct a Sewer Pump Station at Respondent's expense according to all the requirements of Settlement Agreement reduced to the court's judgment on August 4,2004, and Arbitration Awards by Richard A. Volkin on May 12,2006 and October 18, 2005. Respondent has 45 days from the date of this Order to complete the construction of the subject Sewer Pump Station. Movant shall not interfere with Respondent's proper action to construct a Sewer Pump Station described herein. 'Linda M.Van DeVoorde,Individually and as Trustee of the Stone Mill Realty Trust. 2. Respondent shall.not intentionally use Movant's parking spaces during snow, storms and other situations whereby Respondent,Respondent's contractors and agents intentionally store snow or other materials,vehicles or equipment specifically in Movant's,parking spaces. If Respondent's agents and/or contractors do store snow and other materials, equipment or vehicles.in Movant's parking spaces appurtenant to a snow storm or necessary construction projects, Respondent shall cause such snow and/or materials,equipment or vehicles to be Moved at the earliest possible.time. 3. Respondent shall not allow any of its owners or.invitees to park in Movant's parking spaces for any reason during the hours in which Movant has exclusive use of these parking spaces. Upon notice of any owners or invitees wrongfully parking in Movant's parking spaces,Respondent shall cause any vehicles wrongfully parked to be moved or towed within a reasonable time. 4. Respondent shall identify and mark one additional parking space for Movant's use in Respondent's parking lot. This parking space shall be as close to bridge to Movant's property as possible. This parking space shall not be shared with a loading zone and shall be a bonafide parking space. 5. As stated in the original Order of.August 4, 2004,Respondent shall allow access to Building A across the.bridge in a reasonable manner. Respondent may not block Movant's reasonable access across the bridge. Respondent shall also construct.whatever obstructions required by the Settlement Agreement/Judgment and Arbitration Awards to prevent other parties from accessing Building A in a similar manner. 6. Both parties shall bear their own attorneys fees with respect to this Motion to Enforce. There is no further award of attorney fees. If either party violates this Order,the court retains the jurisdiction to make an award of attorney fees attributed to this Motion,any subsequent Motion,and any claims for attorney fees paid by either party since the final Arbitration Award was issued in 2006. Maynard kirpalani Justice of the Superior Court DATED: December 1, 2011 mount legal definition of movant. movant synonyms by the Free Online Law Dictionary. Page 1 of 2 '1 TExT -ifiiGrtl%' *Xw N0P �,�--- *TheFreeDictionary Google Bing �EFREE� ARY 03=11movant Search ' 3.778,474,100 visitors served. O Word/Article o Starts with o Ends with o Text ♦Dictionary),t Medical • , •Financial *Acronyms •Idioms a Encyclopedia ■Wikipedia thesaurus dictionary dictionary i encyclopedia ' movant Also found in:Wilk pecle 0.01 sec. This site:— Ask a Lawyer Online Now Ads by Google - -� A Lawyer Will Answer You Now!Questions Answered Every 9 Seconds, v Printer friendly [Gj Feedback �a Law.JustAnsweccom Cite/lin ` Add definit R.1 4.6k False Claims Act Qui Tam Thinking of Blowing the Whistle?It's Up To You-Qui Tam Law Firm Follow: f[tIE-to www AshcrartAndGerel.coMFalseclaim Share:gIt®r _J Personal Injury Cases �J�JJJJ How Much Is Your Personal Injury Case Worth?Free Case Evaluation. www.Totallnjury.com This page: Arrest Records:2 Secrets The Debate on 1)Enter Name and State.2)Access Full Background Checks Instantly. theConstitution ., 0 InstantCheckmate.com 2 books• 6,300 pp. Lawyers Help Investors r(. Share:f itm r Experienced securities lawyers help investors who lost money to fraud. Only$5.95 www.Stockbroker-Fraud.com/ Over 100 voices,including Washington,l • ,•, One who makes a motion before a court.The applicant for a judicial rule or order. Madison,Pranktin,Hamilton.Patrick Heli (�Word Browser PLUSt Get a free 1,600-paSd AdChokes p Generally,it is the job of the movant to convince a judge to rule,or grant an order,in favor of the motion.Rules No obligation to purchareanything rl and legal precedent within particular jurisdictions,as well as the type of motion sought,dictate the burdens of The Library o_f Alnerll Methuen Bankruptcy. proof and persuasion each party must meet when a court considers a motion. V. Advertisement(Bad banner?Please let us Personalized,non- For example,one common type of motion is a motion for Summary Judgment.This motion is made shortly judgmental assistance.Free before a trial commences and is granted if the pleadings,depositions,answers to interrogatories,and affidavits consultation. indicate that no genuine dispute as to any material fact exists and that the movant is entitled to a favorable www.ZanmPesceLew com 1 judgment as a Matter of Law.In other words,if the facts of the case are not disputed,it is easier,faster,and lessourt C •California La expensive for a judge to simply rule on the legal issues that apply to those facts,avoiding a trial altogether. I •Court Attorney Criminal Ccu Ask a Lawyer Online I •Divorce Attorney Divorce Coul Now A summary judgment movant in most jurisdictions has the burden of showing that no genuine issue of material 'COU t UJI Law Florida A Lawyer Will Answer You fact exists and that,by law,the undisputed facts support a judgment in the movant's favor.But once the movant •Court Appeal Attorney at L Now!Questions Answered meets this burden,the opposing party is given a chance to refute the movant's argument.The opposing party will Every 9 Seconds. try to establish that there is a genuine dispute about a material fact in the case and that the law does not support Law.JuatAnswer com a judgment in the movant's favor. Free Online AdvertlsM For example,assume a case in which a fashion model is suing a newspaper for publishing her picture without Add current page to the list See What$75 of Google her knowledge or permission in an advertisement for a nightclub.Shortly before trial the newspaper makes a Ads Can Do For Your motion for summary judgment.The movant newspaper admits that the photograph of the model ran in the Business.Try It Now! newspaper and that the newspaper did not have the model's permission to publish it.The newspaper argues, www.Goocle.cam/Ad Words a however,that the model has no right under current law to sue the newspaper,which merely sells space for advertisements,and that her only legal recourse is in suing the advertiser that placed the advertisement in the newspaper.Thus,the newspaper has argued that no material facts are in dispute.The movant has also shown that,given the incontestable material facts,the law would support a judgment in favor of the newspaper. Why file tomorrow when l can file toclaV'� Now the burden shifts to the model,who must demonstrate the existence of a disputed fact that,if proven,would make the newspaper legally liable.She may do this by producing an affidavit—a sworn written statement—by a former newspaper employee alleging that the newspaper did not merely print the advertisement but actually File now with H&R Blocir At Home— created the advertisement with the model's picture for the nightclub.Because this material fact,if proven,could to get YOM 10LInd LlStCr. make the newspaper legally liable,the court would deny the movant's summary judgment motion. In most jurisdictions the burden of producing evidence supporting the granting or denial of a summary judgment FILE ONLINE motion shifts between the movant and the opposing party,but the ultimate burden of persuading the court H&R BLOCK remains with the movant.A movant's burdens of proof and persuasion differ depending on the jurisdiction and the type of motion.In Hawaii,a movant in a criminal case seeking to have the trial continued or postponed Advertisement(Bad banner?Please let us. because a witness is unavailable must show that the movant has exercised due diligence in finding the witness; the witness would provide substantial favorable evidence;the witness is otherwise available and willing to testify; and the movant would be materially prejudiced by a denial of the Continuance(State v.Lee,9 Hawaii App.600, —_ 856 P.2d 1279[1993]).In Utah a movant requesting that the court set aside its Child Support award because of Advertisement(Bad banner? a judicial mistake in failing to use a required joint custody worksheet in computing the amount of child support -'Feed a hungry child-don Please let us know) need only demonstrate the existence of a judicial mistake.A denial of the motion by the trial court,without an school feeding program explanation as to why it deviated from the joint custody worksheet requirement,was an Abuse of Discretion and was reversed and remanded by an appellate court(Udy v.Udy,893 P.2d 1097[Utah App.1995]). Further readings . 1 Foremaster,Gary T.1987."The Movant's Burden in a Motion for Summary Judgment."Utah Law Review 1987. • 1 West's Encyclopedia of American Law,edition 2.Copyright 2008 The Gale Group,Inc.All rights reserved. a a 11 . 1 movant n.the party in a lawsuit or other legal proceeding who makes a motion(application for a court order or judgment).(See:motion,move) FIND OUT HOW MUG Copyright 0 1981-2005 by Gerald N.Hill and Kathleen T LE.Al Right reserved. • YOU COULD SAY Advertisement(Bad banner?Please let u See also:petitioner Burton's Legal Thesaurus,4E.Copyright®2007 by William C.Burton.Used vnth permission of The McGraw-Hill Companies,Inc. How to thank TFD for its existence?Tell a friend about us,add a link to this page,add the site to iGooale,or visit webmaster's page for free fun content. http://legal-dictionary.thefreedictionary.com/movant 4/17/2012 movant legal definition of movant. movant synonyms by the Free Online Law Dictionary. Page 2 of 2 Link to this page: <a href="http://legal-dictionary.thefreedictionary.com/movant">movant</a> Please bookmark with social media,your votes are noticed and appreciated: �0GYt� R+1 0 IQ A proven snoring solution that may Strange African fruit bums 8.9 save your life... pounds of fat every 28 days. e- 1 Read our shocking report on e- If you owe less than$729K,the cigarettes as the break through government may pay you up to device for better living in 2011. $5000 to make your mortgage Payment. 1 Advertisement(Bad banner?Please let us know) Mentioned in -References in periodicals archive—� -Legal browser -Full browser - Brief for the Petitioners A motion to correct an illegal sentence filed pursuant motion to subdivision(a)of this rule may be dismissed if the motivator 40 ■Movable property 40 move judge finds that it fails to allege new or different motive •Movable orooertv petitioner grounds for relief and the prior determination was on motiveless •Movable oullev Summary Judgment the merits or,if new and different grounds are alleged, o e ■Movable pulley the judge finds that the failure of the movant or the Motley.Constance Baker u Movable oullev attorney to assert those grounds in a prior motion motor road •movable testis constituted an abuse of the procedure governed by motorwav •movable type these rules. motto •movable type Amendments to the rules of cr mina/procedure by Motus •Movable Type Enterprise Florida Bar News moulder •Movable Type Open Source a wide difference of opinion as to the degree or level moulderin •Movable Weight Technology of probability of success on the merits that the mount ■movable-active tooling movant must show. mount guard ■movable-head disk drive Power.protocol.and practicality communications mounted ■movable-passive tooling or t from the district.. by Struve.Catherine T/Notre ou�r L ■movable-oointcrossing. Dame Law Review mourn with •movableness mournful ■movableness For example,Florida courts have consistently moumin •movableness reversed denials of reconsideration of orders denying mouth •Movables ' a motion to vacate a default where the movant used mouthpiece •Movables reconsideration to correct deficiencies in the motion to mouthy ■Movables vacate. movable •Movables Reconsideration or rehearing is there a difference9 movable article of orooertv •Movables by Wyman.James H./Florida Bar Journal movable property •Movabletvpe More results►► movables •movably /movant ■movably move •movably move across •movably move ahead *MoVaH move aimlessly •Movalis 0•TheFreeDictionary O Google v-- THF►REED N,, Search *Word/Article O Starts with O Ends with O Text l For surfers:Free toolbar 8 extensions I Word of the Da v I Bookmark ftl2kolk NO trUy7 For Webmasters:Free content I Linking 1 Lookup box I"o box lookup Terms of Use I Privacy policy I Feedback I Advertise with Us I Copyright*2012 Fadex.Inc. Disdaimer All content on tnis website,including dictionary,thesaurus,literature,geography,and other reference data is for informational purposes only.This information should not be considered complete,up to date,and is not Intended to be used in place of a visit,consultation,or advice of a legal,rii or any other professional, http://legal-dictionary.thefreedictionary.com/movant 4/17/2012 DelleChiaie, Pamela From: Sawyer, Susan Sent: Tuesday, April 17, 2012 8:57 AM To: DelleChiaie, Pamela Subject: FW: sewer pump failure at 146 Main St. Former town hall annex building Attachments: IMG_5513.JPG; IMG_5514.JPG From: Greg Smith jmaiIto:gsmith(&gsd-assoc.comJ Sent: Monday, April 16, 2012 9:03 AM To: Sawyer, Susan; Peter Kutrubes Subject: Re: sewer pump failure at 146 Main St. Former town hall annex building Susan, RE: Sewage Pump System Failure at 146 Main St, North Andover, (Formerly 148 Main St Bldg A ) The link below is a video clip of the failing sewer pump station currently failing Right now! the effluent is clear since it is from flushing clear toilet water, however this is also full of sewage from the building. http://youtu.bellwOPQ-W33HE The attached photos are when the system failed previously in January 2012, This has been an ongoing problem as you have been made aware of in the past and you had said you could not do anything about it unless you witnessed this occurring? I need you to take emergency response on this and come to the site immediately. The Sutton Pond Condominum has been under Court Order to properly design and repair this system and has refused to do so. This is a dangerous siutuation at our office and needs to be corrected immediately. Peter, Can you send the most recent court order that Sutton Pond has refused to abide by to Susan Sawyer, Thank You. Greg Smith On Mon, Apr 16, 2012 at 8:22 AM, Greg Smith< smithsd-assoc.com> wrote: Sewer pump station has failed again and raw sewage is flowing out of the tank and onto the surrounding property and into our building. This is an emergency. Please call me at 978-688-5422 x 203 or cell at 978-204-4770 i Greg Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: sg mith@gsd-assoc.com MAP Google Map for Directions: htt :/p /maps. og_ogle.com/mus?um=l&ie=UTFm 8&g=jzsd+associates&fb=1&g1=us&hq=gsd+associates&hnear=Lawrence +MA&cid=0 0 57161197072636463 80&ei=-MNmTdfoGogtgQf6jI3LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsOnwIwAw Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-2044770 Email: gsmithgasdmassoc.com MAP Google Map for Directions: htt :/p /mgps.g_oogle.com/maps?um=1&ie=UTF- 8&g=gsd+associates&fb=1&21=us&hq=gsd+associates&hnear=Lawrence+MA&cid=0 0 57161197072636463 80&ei=-MNmTdfoGogtgQf6iI3LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsOnwlwAw Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 M � � 40 ti # �A �•• °air �'� • � �. 14 IW . 4 At ���.� � J ...�h' c 'V C • ..� •� �ly,^'fir. t'Mr fru"' • 4 � ,r 7. M ♦ f rya �� i4 PERKINS &. ANCTIL, P.C. RECEIVED ATTORNEYS AT LAW 73 PRINCETON STREET,SUITE 306 NORTH CHELMSFORD,MASSACHUSETTS 01863-1558 DEC 8 20W TELEPHONE(978)251-8509•(800)642-4906 C FAX(978)251-3608 REAL ESTATE FAX(978)251-3859 BUILDING DEPT www.perkinslawpc.com CHARLES A.PERKINS,JR.* ROBERT W.ANCTIL* OF COUNSEL GARY M.DADDARIO ROSEMARY A.MACERO* ANITAL.CHMILARSKI DIRECTOR OF OPERATIONS *ALSO ADMITTED IN NH December 7, 2004 Town of North Andover Building Department ATTN: Mr. Michael McGuire 27 Charles Street North Andover,MA 01845 RE: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Mr. McGuire: Enclosed please find a copy of the Court Order regarding the above matter as well as the Settlement Agreement which the Court imposed upon the parties. Although there was a Motion for Reconsideration pending, the Motion does not relate to the construction of a shed pursuant to Paragraph 1 of the Settlement Agreement. It is our understanding that a cease and desist was issued on the Building Permit as a result of allegations regarding ownership which somehow would cause the Town of North Andover to revoke the Building Permit. I hope and trust this clarifies the Association's position and the same will be immediately reinstated. Vga . Cs, Jr. CAP/sma Enclosures cc: Trustees, Sutton Pond Condominium Mark J. Sampson,Esquire AMERICAN ARBITRATION ASSOCIATION Construction Arbitration Tribunal In the Matter of the Arbitration between: Re: 11 110 E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust and "Claimant" Trustees, Sutton Pond Condo Trust "Respondent" DISPOSITION OF APPLICATION FOR CLARIFICATION OF AWARD 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties and dated December 1, 2003, and having been duly sworn, and having duly heard the proofs and allegations of the Parties,and having previously rendered an Award dated October 18,2005 and A Disposition for Application for Clarification dated December 6, 2005 and Charles Perkins, on behalf of Respondent,having filed an application for Clarification dated January 20,2006,and Gregory Smith,Claimant,having responded by letter dated February 6, 2006; and Charles Perkins, on behalf of Respondent, having filed a respons thereto dated February 10, 2006, and Gregory Smith, Claimant, filed on February 16, 2006, a "New Request for Clarification/and or Reconsideration", and Charles Perkins, on behalf of Respondent, responses to Respondent's response dated February 22, 2006 and March 17, 2006; and Gregory P. Smith, Claimant, filed a Response dated February 27,2006 and March 20,2006 do hereby,DECIDE,as follows: In response to Respondent's "Request for Clarification" received by the Arbitrator on January 20, 2006, the following Order clarifies the required compliance of item 2 of the Award of the Arbitrator. 1. All site plans given as exhibits to the Arbitrator have a numerical 2 over the location of the alleged Claimant's assigned parking location and are not clear on the dimensions of parking Spaces. 2. Claimant's exhibit 417,sketch by OSD Associates,dated 12/2/03 reflects a"designated parking and loading area for Building A"located parallel to the existing Osgood Building". The Arbitrator notes that,at the time of the site visit,thiparking had facingarea r s resthe idential unit Designation. 3. The Arbitrator's order of October 18,2005 and Clarification dated December 6,2005 are clear as to meeting the requirements of the parking issue. The Arbitrator hereby orders a clarification on the assigned parking space area of no less than 18.5'X 9'with no overhang into the fire lane or 3' walkway to access to rear of Building"A"in accordance with the Massachusetts Department of Public Works,Highway Design Manual. 4. The Arbitrator's Order of October 18,2005 allows for an alternate location that meets the above conditions. , In response to Gregory P. Smith,Claimant's,"New Request for Clarification and/or Reconsideration dated February 26,2006,the following order clarifies compliance of the Award of the Arbitrator. 1. The Arbitrator's Order of October 18,2005 is clear as to the requirements of the Sanitary Pump System. The parties have Massachusetts Registered Professional Engineers and various Town Boards to design and install a Sanitary Pumping System that is fully meet to the orders of the Arbitrator. Page l of 2 In the Matter of the Arbitration between: Re: 11 110 E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust and "Claimant" Trustees,Sutton Pond Condo Trust "Respondent" DISPOSITION OF APPLICATION FOR CLARIFICATION OF AWARD 2. Compliance must be met with the approval of the Board of Health,Department of Public Works and the Town Engineering Department. The Arbitrator will not allow further arguments,testimony or exhibits beyond the date the hearing was closed. The response to Request for Clarifications by both Claimant and Respondent is clear and supports the Order of October 18,2005 In all other respects,my Award dated October 18,2005 and my Disposition for Application of Clarification of Award dated December 6,2005 are reaffirmed and remain in full force and effect. Mr.Richard A.Volkin ° 44- ° D to I,Mr.Richard Vollcin,do hereby affirm upon my oath as Arbitrator that I am the individual described in and who executed this instrument,which is my Disposition of Application for Clarification of Award. Mr.Richard A.Volkin 2- La% ate Page 2 of 2 d 05 02: 30p p.2 AMERICAN ARRITRATIOIV ASSOCIATION Construction Arbitration Tribunal ' In the Matter of the Arbitration between: Rc: 11 110 E 01040 05 Gregory Smith,Trustee ol'Slone Mill Realty Trust "Claimant" j and Trustees,Sutton Pond Condo Tract "Respoadents" AWARD OF ARBITRATOR I, THE UNDERSIGNED ARBITRATOR, having beim designated in accordance with the arbitration agreement entered into between the above-named parties and dated December 01, 2003, and having been duly sworn, and having duly heard the proofs and allegations of the Parties,do hereby,FIND,as follows: 1. Claimant is found to have breached the Settlement Agreement entered by the Court in the case of"Gregory P. Smith and Linda M.Can de Voorde,individually and as Trustees of the Stone 1v1i11 Realty Trust v.Suwon Pond Condominium Truck",Essex Superior Court,Civil Action Number 99-01960. In specific,Claimant has breached the Settlement Agreom rnt by failing to anlow Respondents to install a duplex sewer pump system with an alarm system along with the construction of a shed to house the same. The Arbitrator orders the purehasc and installation of two(2)Goulds non-clog sewer ejector pumps,Model 3883 BNF as detailed and speciFed in Respoudenls'Exhibit 29, installed in a"duplex"arramgemertt with contro s,alarms,electrics,piping and valves as required,engineered and designed to discharge,to the municipal system in accordance with the Town's requireMents and good engineering practice. The installation and operation of the system shat!be certified by a Licensed Professional Engineer, — Commonwealth Of Massachusetts. The Arbitrator orders Respondents to enter Claimant's facilities and make say necessary changes to Claimant's electrical system to provide the necessary power for the new duplex sewage pumps,controls and alarms Any power outages must be at the convenien�Caand aimant. The wet well is to be in accordance with tnanufacturer'9 recommendation State Plumbing Title S Rogu�arions The Arbitrator has determined,based on testimony,documents,exhibits and site inspection that Claimant's requested"grinder"pumps do not meet Claimant's concern for roalnienance and operation. "Grinder"pumps,given the discharge piping confgurution,length,Site and flow velocity could have eluent"fall-out",causing packing of the particulates in the discharge pipe,flow obstruction,at bends,pipe reducers/increasers and other general fittings. The non-clog pump(2"material discharge)would have a tendency to"move along",not packing within the system "Grinder pumps"have knows;significant maintenance costs related,prullcularly after the three-year Respondent's maintenance liability agreement, causing a significant burden on Claimant at a later date. The Arbitrator finds that the pump shed,heated or otherwise,does ME come under the Commonwealth of MBSSachusetts State Building Code 780 CMR and is ordered to be erected in compliance with.all other roquircments of the Town of North Andover. The pump shod shall have,as a minim �CO - ori `-it f NS'v la�. u heat, t, insulatfO Power ventilation access door,sufficient lighting fivr the puunp maintenance a�iace a»d s minimum upon opening of the maintenance use. imum 120 volt,20 am outlet for r 2. Re Foudents are found to have breached the Settlement A a minimal loadin greement,as described in item i.Respondents provided area without obstruction of haffic tiowwhiehloadiClaing'Ot s Unloading facilities,hal)have rigt fire lane failed to pro The Arbitrator suitable parking observed that the closest surrounding paddlIg areas are nwnbered and dedicated to the condominiumresidents. Page I of 2 Received Time Oct.19, 2:34pM ---5/� 'd—W9 'ON NVIN _S001 'E DO ® American Arbitration Association Northeast Case Mana Management ent Center Dispute Resolution Services Worldwide Catherine Shanks Vice President Christopher Fracassa,Yvonne Nelson Assistant Vice Presidents May 16,2006 950 Warren Avenue,East Providence,RI 02914 telephone:866-293-4053 facsimile:401435-6529 internhttp://wwiv.adr.org/ http://ww .adr.org! VIA REGULAR MAIL ONLY Gregory P. Smith GSD Associates 148 Main Street.,Bldg.A North Andover,MA 01845 Charles Perkins,Esq. 73 Princeton Street, Suite 306 North Chelmsford,MA 01863 Re: I 1 110 E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust and Trustees, Sutton Pond Condo Trust Dear Parties: Enclosed please find the hard copy of the Disposition of Application for Clarification of Award for this matter,previously transmitted to you via fax on May 12,2006. Sincerely, Carol J.Batchelder Case Manager 4014314816 BatchelderC@adr.org Supervisor Injornration:Joyce.Sutton, 401 431 4730,Suttonj@adr.org Encl. cc: Mr. Richard A.Volkin(via facsimile w/o encl) fmBOHsepPumping System pumped by dba Date Quantity Transferred Disposed at Type Comments' Pumped Name Pumped (gallons) to Septic Tank Action-King 02/12/2015 500 Lowell Waste Water Routine Enterprises,Inc. Treatment Plant Septic Tank Action-King 02/06/2015 500 Lowell Waste Water Routine Enterprises,Inc. Treatment Plant Septic Tank Action-King 01/29/2015 500 Lowell Waste Water Routine 148 main Enterprises,Inc. Treatment Plant st Septic Tank Action-King 01/22/2015 500 Lowell Waste Water Routine 148 main Enterprises,Inc. Treatment Plant Ist Septic Tank Action-King 01/15/2015 500 Lowell Waste Water Routine 146 main Enterprises,Inc. Treatment Plant st r � h,Hit 0 9 2015 COMMONWEALTH OF MASSACHUSETTS d TO i TOWN OF: NORTH ANDOVER F; i SYSTEM PUMPING REPORT REPORT FOR MONTH OF FEB 2015 Y CONTENTS CONDITION OF DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 2/6/2015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP 2/12/2015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP I I - i ING 26 Livingston ree This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulatory ur oses oml . l � ire COMMONWEALTH OF MASSACHUSETTS N TOWOF: NORTH ANDOVER SYSTEM PUMPING REPORT 1% REPORT FOR MONTH OF JAN 2015 i:ij 0 91015 Y CONTENTS CONDITION OF LF DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM -- -------- i 1/15/2015 GSD ASSOCAIATION_ 146 MAIN ST 500 SEPTIC LWWTP 1/2212015 SUTTON POND 148 MAIN ST 500 SEPTIC LWWTP 1/29/2015 SUTTON POND 148 MAIN ST 500 sEoflc LWWTP _- _------- -ACTION=KING ENTER RISES.-� - • -- - -- -- --- -- - - __ -26 Livin Ston ree - - - ---Lowellj NIA This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulatory purposes only. COMMONWEALTH OF MASSACHUSETTS TOWN OF. NORTH ANDOVER SYSTEM PUMPING REPORT -- REPORT FOR MONTH OF DEC 2014 CONTENTS CONDITION OF DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 12/22/2014 1ST REALTY 1_48 MAIN ST 1,000 SEPTIC LWWTP M 12/29/201_4 ERRI_ MACK CO_L_LEG__E_ _ 315 TURNPIKE ST 10,000 GREASE CORRENCO 12%31/2014 MARKET BASKET 350 WINTHROP AVE 1,500 SEPTIC LWWTP . ACTI©N- IN F TERM ES; --- --------- — -- - — - - -- -- -- --- - 26 Luings nS#r --Gtr ---- -----. _._ -- -- - --- -----------_ ------ , -............ --- This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulatory purposes only. COMMONWEALTH OF MASSACHUSETTS TOWN_ OF: NORTH ANDOVER SYSTEM PUMPING REPORT REPORT FOR MONTH OF NOV 2013 Y CONTENTS CONDITION OF DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 11/5/2013 SUTTON POND148 MAIN STREET 1,000 SEPTIC LWWTP j a 11/6/2013 TOWN OF N ANDOVER WILLOW STREET 2,500 SEPTIC LWWTP #L� -_1 ---- -- -- ---- — --- - ----- --- —-.._...---- ---- -- Cn O Z 1_/5/2013 EDGEWOOD RETIRE 575 OSGOOD STREET _ 100 SEPTIC LWWTP _ _ ---- Iu z u 11/29/2013 MERRIMACK COLLEGE 315 TURNPIKE RD 9,500 GREASE CORRENCO Lu OD p 44 +- ------ ---- -- -- -- --- -- -------------- a ---------------- -------- ----- - - ---- tJ'Lu u.r u. 2: ------------- p OJr LIC _. . _...... ..- -- - ............ ----- ----------------- ---------- --- - ---- ------- - -- ---------- -- -- — ---- ----- - -- - --- This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulaturposes only. - ACTION-DING E\ITERPPUSES, `NC 26 Livingston Street COMMONWEALTH OF MASSACHUSETTS _ — _ _ Lowell, MA 01852 _ TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT ACTION KING ENTERPRISES, INC REPORT FOR THE MONTH OF AUGUST 2012 Y I� I�gg`O CONTENTS CONDITION OF RGCErlWE DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM—816/N12- DEMOULAS 350 q 8/9/2012 MERRIMACK COLLEGE 315 UIRNPI EP TVE 1,000 SEPTIC LOWELL LWTP fj`EIP 1.1,000 SEPTIC Lowtu-imTO Q 2012 8/14/2012 SUTTON POND 148 MAIN ST 1,000 SEPTIC_ LOWELL LWTP TOWN OF NORTH ANDOVER -- — — HEALTH DEPARTMENT This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulatory purposes only. ACTION-KING ENTERMPMES, 26 Livingston Sie'e-et COMMONWEALTH OF MASSACHUSETTS _ _ Lowell, MA 018-52 TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT ACTION KING ENTERPRISES, INC REPORT FOR THE MONTH OF AUGUST 2012 Y — -- — CONTENTS CONDITION OF RECEIVED DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 8/6/2012 DEMOULAS 350 WINTHROP AVE 1,000 SEPTIC LOWELL LWTP e�O ,� 8/9/2012 MERRIMACK COLLEGE 315 TURNPIKE ST 1,000 SEPTIC LOWELL LWTP 2 0 Zc012 8/14/2012 SUTTON POND 148 MAIN ST 1,000 SEPTIC LOWELL LWTP TOWN OF NOR'rH ANDOVER HEALTH DEPARTMENT This report contains CONFIDENTIAL AND PROPRIETARY information and is for regulatory purposes only. �/��yy���s COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT ACTION KING/ENTERPRISES, INC REPORT FOR THE MONTH OF SEPTEMBER 2011 Y CONTENTS CONDITION OF DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 9R/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 ACflON-KING ENTERPRISES, 1� 26 Livingston Street j Lowelt MA 01852 i COMMONWEALTH OF MASSACHUSETTS _ TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT ACTION KING ENTERPRISES, INC REPORT FOR THE MONTH OF MAY 2011 Y - - -- - -- CONTENTS CONDITION OF DATE_ NAME_ ADDRESS GAL TYPE TRANSFERRED_ TO SYSTEM - 5(11/2011 SUTTON POND 148 MAIN ST 1,000 SEPTIC LOWELL WWTP i / ACnON-KING ENTERPRISES, INC 26 Livingston Street kG well, MA 01852 COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT ACTION KING ENTERPRISES, INC REPORT FOR THE MONTH OF FEBRUARY 2011 Y -- -- - - - -- -- - - - ... .- - - - 't// CONTENTS CONDITION OF DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 2!9/2011 SUTTON POND 148 MAIN STREET 1,000 SEPTIC LOW-ELL WWTP gW - _ p - HAR 4 201 TOW OF N RTH AND VER -- - HE LTH DEPARTMENT This report contains CONFIDENTIAL AND PROPRIETARY information and is for regualtory purposes only. '\CTION•KING ENTERPRISES, INC. 26 Livingston Street Lowell, MA 01852 COMMONWEALTH OF MASSACHUSETTS_ _ - TOWN OF: NORTH ANDOVER _ SYSTEM PUMPING REPORT - --�--- ACTION KING ENTERPRISES,INC REPORT FOR THE MONTH OF MARCH 2010 I j CONTENTS j CONDITION O -APR DATE_ _NAME ADDRESS GAL TYPE. 1 TRANSFERRED TO SYSTEM _ 3/10/2010 ;SOLO CUP 351 HOLT ROAD 1,0001SEPTIC JLOWELLWWTP _ TOWN OP NORTHAN00 3/19/2010 ;HERBERT MEYER 36 EVERGREENDRIVE 2,500 SEPTIC LOWELL WWTP - HE��� 'ti#�TMENT 3/25/2010 ;SUTTON POND 148 MAIN STREET 1,000.SEPTIC LOWELL WWTP --- F i ACTION-KING ENTERPRISES, INC. 26 Livingston Street bbWa% MA 0102, COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER _- --_- SYSTEM PUMPING REPORT --- ACTION --ACTION KING-ENTERPRISES,INC - REPORT FOR THE MONTH OF DECEMBER 2009C 'vED CONTENTS CONDITION OF JAN 0 8 20 0 DATE NAME ADDRESS GAL TYPE TRANSFERRED TO SYSTEM 12/14/2009 JOE FISH - 1120 OSGOOD STREET 2,000 GREASE 60RRENCO a� 12/14/20091THE LOFT 11740 OSGOOD STREET 2,500 GREASE CORRENCO WN OF NORTH ANDOVER 12/17/2009 SOLO CUP 2,500 SEPTIC LOWELL WWTP I HEALTH DEPARTMENT 12/22/2009 SUTTON POND 148 MAIN STREET 1,000 SEPTIC ELL WWTP �- 12/28/2009 MERRIMACK COLLEGE 315 T R PI T 9,000 REASE CORRENCO -------------- AClIt)NgING Es on PRSlrl2,$, INS• 26 tiving SAA 1852 _ COMMONWEALTH OF MASSACHUSETTS _ TOWN� OF: NORTH ANDOVER SYSTEM PUMPING REPORT 'ACTION KING ENTERPRISES,INC REPORT FOR THE MONTH OF: OCTOBER 2008 ----- CONTENTS CONDITION OF' \ DATE_ NAME_ _ GAL TYPE_ TRANSFERRED TO SYSTEM__ \V 10/6/2008 SUTTON POND _STREE 1,000 SEPTIC LOWELL WWTP _ V 10/29/2008 SOLO CUP 351 HOLT ROAD 1,500ISEPTIC iLOWELL WWTP -- 1 -- -- -- - -- --- - -- - - - - --- --- -- --- -- --RE- WED---I - - -- TOWN OFf�ORTH ANDZIVTE -H El 1 I � I AC ION-KING ENTERPRISES, INC. 26 Uyir gavel Street M 01462 COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT ACTION KING ENTERPRISES, INC _ REPORT FOR THE.MONTH OF: MAY 2008 CONTENTS CONDITION OF DATE NAME ADDRESS GAL TYPE ! TRANSFERRED TO SYSTEM 5/9/2008 PAUL PIEROG 1000 TURNPIKE STREET 11000 SEPTIC LOWELL WWTP 5/13/2008. MERRIMACK COLLEGE 315 TURNPIKE STREET 2,000 SEPTIC LOWELL WWTP 5/23/2008 SUTTON POND 8 M R 1,000 SEPTIC LOWELL WWTP i- i 1� ---------------- 1 COMMONWEALTH OF MASSACHUSETTS -- TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT c ACTION KING ENTERPRISES, INC REPORT FOR THE MONTH OF: DECEMBER 2004 JAN 0 6 ZOOS CONTENTS iU1:'I� Cr PIC .TH )` SR TRANSFERRED CONDITION OF F�.AL I i UL,' + DATE NAME ADDRESS GAL TYPE TO SYSTEM 12/28/2004 SUTTON POND 148 MAIN STREET 1000 SEPTIC LOWELL WWTP 34 i ACTIONXING ENTERPRISES, INN 2$ l:~on Street lawell,MA 01852 COMMONWEALTH OF MASSACHUSETTS TOWN OF: NORTH ANDOVER SYSTEM PUMPING REPORT ACTION KING ENTERPRISES,INC REPORT FOR THE MONTH OF: MAY 2004 ='r` CONTENTS TRANSFERRED CONDITION OF DATE NAME ADDRESS GAL TYPE TO SYSTEM 5/18/2004 SUTTON POND CONDOS 148 MAIN STREET 1,500 SEPTIC LOWELL WWTP ✓' ACT16N-MNG ENTERPRISES, INC, U Livingston StrcA ka«r�ll, MA 0185 DISNOANDOVER DISNAND/LOW /11/02/2001 351 HOLT ROAD 2,500.00 t111/06/2001 351 HOLT ROAD 2,500.00 11/13/2001 1140 OSGOOD ST - f�/ 3,000.00 11/12/2001 351 HOLT ROAD 3,000.00 11/09/2001 351 HOLT ROAD 3,000.00 "I'll/15/2001 351 HOLT ROAD 3,000.00 /11/19/2001 351 HOLT ROAD 3,000.00 11/20/2001 350 WINTHROP AVE .1,000.00 ,.,,11/23/2001 148 MAIN STREET 1,000.00 v/11/21/2001 351 HOLT ROAD 2,500.00 ,/11/24/2001 351 HOLT ROAD 2,500.00 .1/11/27/2001 351 HOLT ROAD 2,500.00 DISNAND/UPBL 11/26/2001 BOSTON MARKET,RTE 114 1,500.00 DEC 7 2001 } 146 MAIN STREET Complaint Detail Repot - Printed On:Thu Apr 19,2012 I Complaint#: CT-2012-000055 Status: In discovery GIS#: Violator: ELM MILL REALTY TRUST S� Dj'+s Address: 146 MAIN STREET _ Map: Address: 146 MAIN STREET - Date Recvd.: ANO,Apr-19-2012 Time__R _ecvd.: 11:43 AM Block: NORTH ANDOVER, MA 018 Category: Odors Lot: Type: Commercial GeoTMS Module: Board of Health District: Trade: Recorded By: Pamela DelleChiaie Zoning: Structure: Description:Stone Building-(former Town Hall Annex) Complaint: Received a call from a Michael Margareci-978-258-1257 or 978-208-0609 x204. He is a business tenant at 146 Main Street(stone building-former town hall annex). The company name is B2Q Associates. Mr.Margareci is calling to complain about sewer smells since the beginning of the year. Some days the odor is so strong,he and his co-workers need to vacate the building. This company occupies the 2nd and 3rd floors of the building. I explained to Mr.Margareci that our dept.is aware of the odor and the sewage leaking into the groundwater from the pump station,and that it is being followed up by DEP. He asked that his complaint be logged anyway. Whether to investigate is at the discretion of the Health Director. This call came just after a call from Sgt.Foulds of NAPD stating that Officer Quinlan was dispatched to a call at the 146 Main Street(stone building site)to mediate an escalating argument between Mr.Gregory Smith who also has a business at 146 Main Street(GSD Assoc.)and representatives from the Sutton Pond Condo Assoc.regarding the sewer pump situation. I updated Sgt.Foulds on the status of this site from calls we received from Mr.Smith earlier in the week about the pump station leaking. The owner of the building is:Elm Mill Realty Trust,or Gregory Smith-Stone Building. However,the land/pump station around the building is owned by Sutton Pond Condo Assoc.who is responsible for replacing the pump. This is an ongoing legal issue of 10 years length of which there is information in the paper file. Please refer to that for any additional information. Comments: Inspector Assigned to Complaint: Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Tenant Apr-19-2012 11:43 Michael Margareci (978)208-0609 Pamela DelleChiaie AM (204) C Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments 1 C� Board of Health REFERRAL s" GeoTMS®2012 Des Lauriers M nioipal 7olutions, Inc. / (__C,�S S Z r' X Page 1 of I North Andover Board of Assessors Public Access Page 1 of 1 R NORT1{ R�orfh Andover Board of Assess41 ors 'SSACNUS�t 7ziroperty Record Card Parcel ID :210/040.A-000 -0001. FY:2012 Community :North Andover • •. - No Sketch N o Picture . . - Available Available Location: 146 MAIN STREET Owner Name: ELM MILL REALTY TRUST OR GREGORY SMITH-STONE BLDG Owner Address: 146 MAIN STREET BLDG A City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood: 0 Land Area: 0.00 acres Use Code: 343 Total Finished Area: 0 sqft ASSESSMENTS Ell CURRENT �FARM1CM11r13XTP. • Total Value: 76,100 76,100 Building Value: 76,100 76,100 Land Value: 0 0 Market Land Value: 0 Chapter Land Value: LATESTSALE Sale Price: 1 Sale 09/22/1993 Date: Arms Length Sale L-NO-REPOCESSN Grantor: URDAC Code: Cert Doc: Book: 03840 Page: 0037 ` bktp:Hcsc-ma.us/PROPAPP/display.do?linkld=1890243&town=NandoverPubAcc 4/19/2012 North Andover Board of Assessors Public Access Page 1 of 1 „OR71f n'lorfh Andover Board of Assessors SSACHUSES roperty Record Card Parcel ID-:210/040-.A— L-T002D.B� FY:2012 Community :North Andover - • - No Sketch No Picture . . - Available Available Location: 146 MAIN STREET Owner Name: ELM MILL REALTY TRUST OR GREGORY SMITH-STONE BLDG Owner Address: 146 MAIN STREET BLDG A City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood: 0 Land Area: 0.00 acres Use Code: 343 Total Finished Area: 0 sqft ASSESSMENTS CURRENTYEAR PREVIOUS YEAR Total Value: 96,900 96,900 Building Value: 96,900 96,900 Land Value: 0 0 Market Land Value: 0 Chapter Land Value: LATESTSALE Sale Price: 1 Sale 09/22/1993 Date: Arms Length Sale L-NO-REPOCESSN Grantor: URDAC Code: Cert Doc: Book: 03840 Page: 0037 z http://csc-ma.us/PROPAPP/display.do?linkld=1890244&town=NandoverPubAcc 4/19/2012 North Andover Board of Assessors Public Access Page 1 of 1 J „ORT/ Norfh Andover Board of Assessors •i ♦o�-o r� ,SSACHUSE� roperty Record Card Parcel ID :210/040.A-0004; 003. FY:2012 Community :North Andover • - No Sketch No Picture Available Available Location: 146 MAIN STREET Owner Name: ELM MILL REALTY TRUST OR GREGORY SMITH-STONE BLDG Owner Address: 146 MAIN STREET BLDG A City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood:0 Land Area: 0.00 acres Use Code: 343 Total Finished Area: 0 sqft Total Value: 91,400 91,400 Building Value: 91,400 91,400 Land Value: 0 0 Market Land Value: 0 Chapter Land Value: LATEST SALE Sale Price: 1 Sale 09/22/1993 Date: Arms Length Sale L-NO-REPOCESSN Grantor: URDAC Code: Cert Doc: Book: 03840 Page: 0037 ht.�tp://csc-ma.us/PROPAPP/display.do?linkld=1890245&town=NandoverPubAcc 4/19/2012 Welcome to B2Q Associates Page 1 of 1 t I „! ;4_21 M WA i I , HOME Welcome to the B2Q Associates, Inc. website. B2Q offers engineering consulting services for: SERVICES l • Energy Efficiency Design and Analysis RECENT PROJECTS • Energy Star and LEED Building Certification • Building System and HVAC System Design SEMINARS • Cogeneration System Design,Analysis,and Implementation ; I • Building Commissioning and Retrocommissioning FROM OUR CUSTOMERS • Lighting Upgrades and Advanced Lighting Design • Turnkey Project Implementation INDUSTRY LINKS • Utlity Energy Program Development and Review CONTACT US Our staff of Licensed Professional Engineers, Managers and Designers offer years of experience and are committed to providing engineering services with professionalism and integrity. Please browse through the services we offer and our prior projects,and feel free to contact us with any questions you might have. Sincerely, Paul Banks,P.E. Principal B2Q Associates,Inc. I I � Get Email Updates Privacy by EV SafeSubscribe5l1 I I B2Q Associates,Inc. 146 Main Street,North Andover,MA 01845 Office:978.208.0609•Fax:978.719.6339-Email Us http://b2qassociates.com/index.html 4/19/2012 DEVINE MILLIMET ATTORNEYS AT LAW December 13, 2004 MARK J.SAMPSON MSAMPSON@DEVINEMILLIMET.COM Town of North Andover Building Department Attn: Mr. Michael McGuire 27 Charles Street North Andover, MA 01845 Re: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Mr. McGuire: Please be advised that this office represents Plaintiffs in the above-captioned matter. In that regard, I have been asked to send you a copy of my correspondence to Attorney Perkins dated December 9, 2004 regarding Sutton Pond's proposed pump and shed. Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, Mark J. Sampson MJS/lm cc: Greg Smith (w/encls) L:\wdox\docs\cl ients\13 041\59266\A0081884.DOC DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & BRANCH PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMI LLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 NORTH HAMPTON, NH May 12 06 01 : 53p United Comp Pump 603 552 5867 p. 1 L i /41 S4-�, I I i United Compressor & Pump Services Inc. 13 Delaware Drive Unit#2 Salem, NH 03079 Tel, 978-685-0808 NH: 603-552-5885 Fax: 603-552-5867 www.billp_unitedadm.com 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" piping, check valves, removal and disposal of old equipment, testing and written reports on operation. $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 GSD Associates, LLC 148 Main Street, Building A, North Andover MA 01845 Tel: 978 688 5422 Fax:978688 5717 Web:www.gsd-assoc,com Computer Aided Design• Architecture ,, Planning • Interiors Development Consulting SITE OBSERVATION REPORT FAX NO. (978)521-5520 and Hand Delivered/ 978-688-9542 DATE: 1.-23-2007 TO: Matt Dykman/Pamela A. Merrill COMPANY: SUTTON POND CONDOS, North Andover Board of Health, N Andover Conservation Commission FROM: Gregory Smith, AIA PROJECT: 148 Main St Bldg A Sewer Replacement Project N Andover PAGES/ENCL: this page only To Matt Dykman, Please note that this notice is to inform you theat the Sewer Pump Station at 148 Main Street is in failure.again Sutton Pond Condominium is responsible to correct this problem immediately. Sutton Pond Condominium Continues to be in Breech of their responsibilities per the Arbitration Ruling as well as the Settlement and the Ground lease. This failure of the sewer system is effecting our ability to use the building and is a hazard to the occupants in the building We demand that Sutton Pond Condominium complete the construction as described in the approved plans from Crossfield Engineering, Inc.with a revision date of 10-4-2006 attached hereto,and the new shed design as shown on plans by GSD Associates, LLC dated 10-4-2006 Sincerely, GSD Associates Architect CC: Peter Kutubes, Esq. Linda VanDeVoorde F PERKINS & ANCTIL, P.C. ATTORNEYS AT LAW 73 PRINCETON STREET.SUITE 306 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.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.: 11-I 10E0140-05 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 I 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 mariner. 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. Gregory Smith, Trustee of Stone Mill Realty Trust Page 2 May 26, 2006 Thank you in advance for your courtesy and cooperatio i Very ruly y urs, i , CCWes A. Perkins, Jr. CAP/sma Enclosures cc: Sutton Pond Condominium Trust May 26 2006 12: 48PM HP LASERJET FAX 1 -978-687-8640 p . 2 FROM :'M.P. Roberts Insurance FAX NO. :19786833147 May. 26 2006 09:35Fvm P2 DATSpluyoaTYwl At-'QRD-- CERTIFICATE OF LIABILITY INSURANCE wlomlcam TNS CERTIF"TZ IS 11181U90 AS A MATTER OF INFORMATION N ROSlIRTS IN$UR7►l;tC!!6 AGRNCY INC. ONLY AND CONSFERB NO RIGHTS UPON THE CERTIFICATE HOLOWIL TNB CERTIFICATE DOES NOT AMNO. [RTENO OR 1bv0 08000D STRUT ALTER THE COIVEMN AFFORDED OY TME POLICI A 9ELOW. NORTH UDWZR MA 01845 ,_D7$-683-BQ73 „ "10MRS AFFDNDINO COMAOE NUCS DAVID BUCTR2CAL CONTRACTING imwm A• ..NORM AM. . 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Kathleen Flibotte INSURERS AFFORDING COVERAGE MAICN IM=URID Wfted Coapressor unp ec rio ogy C INA;uRcRk Paerlass Insurance Coepany 1 lmare _ ...... 3 a Drive ,NQUAaR�" Unit i12 i►+suRNc I Sal w NH 03079 DOURO a INeuRrIR e THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED K&AK0 ABOVE FOR THE POLIGY PERIOD INDICATED,N07WITMSrANDINO ANY REOU006NT,TEAM OR CONDITION OF ANY CONIRACT OR OTHER DOCUMENT w TM RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDZD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE",EXCWSIONQANO CONDITIONS OF SUCH POLICIES.AGGREGATE UNITS SHDWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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SUPLOVIIAW LIANUTY LML A Mr P ►(F&=rr,ECUT(VE El.fApl ACGDGNr . s 1.000 000 II «ellAsm. r e.l BOAK.GA EMPLOY 1 1 coo 00 �¢ ML ever c.L O16EJLSG_POLICY u or a 1,000.00 OTHER 'Ec�aiTOonNOF�s e`r ee u ld Ing°A;'}I+ ovnon` 6N�Yo� �i An�ove�"�w ERT( IN*"ART OFTHLABOYE 09WROW►OLICIF.!eE CANCELLEDYGFORr TIE OfFIRATIONDATA TMII1Uff THIISSWIUOgSVMWI LEMD"VOslToMAIL, Shawmt Property Management DAv:10HUM 1 NOTICE To TM!MTfryCATi NOLOeR%AMD ro TNELW Attn: Matt Dykemro OUT PAALURA TO MAL 9UCN NOMG INALL @ PDOE NO 09WINATIGN OR LIANLITY 733 Turnpike St., 9221 oPANrIOIwUPONvaWSU .GENTSORRSPRoarNTAnvss. North Aneover, MA 01845 AUIRMEDAtP ACORD 2B(2001!0!) FAX: C976)687-8640 (DACORD CORPORATION 11p88 i I .d _ r M , MAIL, tDomestid Mail Only; r17 Postage $ O Certified Fee C O Return Receipt Receipt Fae Hare (Endorsement Required) C3 Restricted Delivery Fee CUrU (Endorsement Required) Total Postage&Fees Lr) O Sent To M .:.._.. .- ------------------------------------ C c ox No.. ...5....................................................................... tate,2 COMPLETEMCI ECTION • ■ Complete Items-1,2,and 3.Also complete item 4 if Restricted DeliveryIs desired. to ASI. ■ Print your name a and address on the reverse 0 Agent so that we can return the card to you. 0 Addressee ■ Attach this card to the b B. Received b back of the mailpiece, y(Panted Name or on the front if space permits. piece, ) C. Date of Delivery i r 3ct-�6 Article Addressed to: ;D. Is delivery address different from item 1? O Yes ! ' If YES,enter delivery address below: O No _�X 0cf1°lt��nv G►� �> r} N S� 3. Service Type 1 '�1..i-rN . -blZertifled Mail ❑Express Mail 0 Registered �-p turn Receipt for Merchandise 0 Insured Mail / 0 C.O.D. 4. Restricted Delivery?(Extra Fee 2. Article Number 0 Yes (Transfer from service/abeO --- 7005 1820 0004 PS Form 3811,Februa 2004 7 8--4 5037 rY Domestic Return Receipt 102595-02-M-1540.1 • •:: • ` 1 • •:: • W ip, a �rr�Ti ---ri,A2ML_� ., , i _ j,l Lw r �- N INWIME Muir. l ;. .���ip . i'• «��yr � �t-4MON - r �--J r � I � I of �o �rn I �o cn j I I i G D a ' �70 L i I GSD Associates, LLC 148 Main St. Bldg. ACOD rG North Andover, MA 01845CO Tel: 978-688-5422 Fax: 978-688-5717 J °o W Q Cn E_ <4 STUDS AT I6" O.C. t�zo 0 -Il INSULATION Z T ON STUDS SEAL ALL JOINTS WITH SILICONE :ALANT. .T. 2x4 :ALANT AT ALL JOINTS LO '.T. 2x8 00 0 RIGID INSULATION a O .EMENT BOARD w w IITH FRP OVER TOP OF BOARD 0o Q w >O iEALANT � w U) a 0 ;ONCRETE SLAB z CD Q Z LU 0 � 0Jcr LU 0 O v C!) M Z 10-04-2006 revisions: V N O O O LO dr. NM chk GPS © 2006 GSD Associates, LLC U ALL RIGHTS RESERVED. ALL IDEAS,DESIGNS,PLANS AND SPEGRCA➢ONS ARE �I THE PROPERTY OF GSD ASSOCIATES. RIGHTS OF USE ARE CONDITIONAL AND a ARE LIMITED TO A ONE-TIME USE TO CONSTRUCT A SINGLE PROJECT ON THE SHE SO INDICATED. USE OF THEWORK AND ANY DERIN➢VE WORK COVERED UNDER THIS COPYRIGHT FOR OTHER PROJECTS IS PROHIBITED. THE USE OR REPRODUCTION OF THESE PLANS FOR ANY OTHER CONSTRUCDON OR PERMIT o APPLICATION IS STRICTLY PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION OF n „0��� a GSD ASSOCIATES AND THE ARCHITECT WHOSE SIGNATURE AND SEAL MAY RE Uln\\Yf" D AFAXED TO THESE DRAWINGS. V SCALE.• z O 0 a J 4 6 8 10 20 40 lu 1 Sawyer, Susan From: Sawyer, Susan Sent: Tuesday, April 17, 2012 8:52 AM To: Greg Smith Subject: Re: sewer pump failure at 146 Main St. Former town hall annex building Mr Smith. I received your email and forwarded it to conservation. As you know they are very familiar with your property and this long term issue. There will be no staff in the health office today unfortunately. Susan Sawyer Sent on the Sprint®Now Network from my B1ackBerry® From: Greg Smith< smith ,gsd-assoc.com> Date: Mon, 16 Apr 2012 09:03:04 -0400 To: Sawyer, Susan<ssawyer(cr�,townofnorthandover.com>; Peter Kutrubes<pkutrubes@kutrubeslaw.com> Subject: Re: sewer pump failure at 146 Main St. Former town hall annex building Susan, RE: Sewage Pump System Failure at 146 Main St, North Andover, (Formerly 148 Main St Bldg A ) The link below is a video clip of the failing sewer pump station currently failing Right now! the effluent is clear since it is from flushing clear toilet water, however this is also full of sewage from the building. http://youtu.be/IwOPg-W33HE The attached photos are when the system failed previously in January 2012, This has been an ongoing problem as you have been made aware of in the past and you had said you could not do anything about it unless you witnessed this occurring? I need you to take emergency response on this and come to the site immediately. The Sutton Pond Condominum has been under Court Order to properly design and repair this system and has refused to do so. This is a dangerous siutuation at our office and needs to be corrected immediately. Peter, Can you send the most recent court order that Sutton Pond has refused to abide by to Susan Sawyer, Thank You. Greg Smith On Mon, Apr 16, 2012 at 8:22 AM, Greg Smith<g ith(a� sd-assoc.com> wrote: Sewer pump station has failed again and raw sewage is flowing out of the tank and onto the surrounding property and into our building. This is an emergency. Please call me at 978-688-5422 x 203 or cell at 978-204-4770 i Sawyer, Susan From: Sawyer, Susan Sent: Wednesday, April 18, 2012 1:49 PM To: 'Greg Smith' Cc: Gaffney, Heidi Subject: RE: Sewer Failure Mr. Smith, I have been in communication with Heidi Gaffney of our conservation department. She has updated me with the response by the MA DEP to the property.She is also in close communication with your attorney in regards to the unusual path that this situation has taken. It appears that due the environmental issues,the MA DEP is best to take jurisdiction over this matter. I am confident that appropriate action will be taken,though I cannot say what form the action will be. In regards to health, it is good to know you are ensuring the safety of your staff and yourself by your actions. If there is substantial cleaning to be done in the building, I expect you will hire,or consult with a cleaning professional to address the issues of proper sanitation. Any questions regarding sewers and pump stations should be directed to our DPW.Although this is a private property matter,their experience in this area could be useful if you have any questions. Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Bldg.20,Unit 2-36 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email ssawver@townofnorthandover.com Web www.TownofNorthAndover.com k+r From: Greg Smith jmailto:gsmith(&gsd-assoc com] Sent: Wednesday, April 18, 2012 9:21 AM To: Peter Kutrubes Cc: nihar.mohanty(a state.ma.us; tat.boh@)comcast.net; Sawyer, Susan; Linda VanDeVoorde; NGASH; Fadia Haddad Subject: Sewer Failure Peter, 1 We are now into the third day of the sewer system failure and raw sewage flowing from the pump chamber from a system that was required by Sutton Pond to be reconstructed by court order. Sutton Pond has failed to do this and has rejected our attempts to complete this design and installation on our own. You, as my attorney, have notified Sutton Pond Management on Monday 4-16-2012 of this system failure. However, there has been no action from Sutton Pond Condominium, or their current management company on the Sewer Pump failure to correct this system, raw sewage continues to flow onto the Sutton Pond Property and our adjacent building and property. They have not pumped the system and there has been no effort to contact with our office. The town health department was out here yesterday morning, and the State DEP was also out at the site yesterday 4-17-2012 I have not heard anything from the Town or the State as of this letter. This does not appear to be a priority with anyone at Sutton Pond. Sutton Pond continues to show a disregard for our health safety. We had to close on Monday and Tuesday with our staff not able or safely to work in this environment. I have had to cancel our meetings at the office scheduled today. We cannot work in our office so we have closed the office until further notice that this has been corrected. I can be contacted by Cell Phone today at 978-20404770 We will pursue this cost and loss of business adding on to the 93A claim. Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: smith&gsd-assoc.com MAP Google Map for Directions: http://maps.google.com/maps?um=1&ie=UTF- 8&a=asd+associates&fb=1&g1=us&hq=gsd+associates&hnear=Lawrence +MA&cid=0 0 57161197072636463 80&ei=-MNmTdfoGoatgQf6iI3LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsQnwIwAw Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:hftp://www.see.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 Greg Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: sg mith@psd-assoc.com MAP Google Map for Directions: http://maps. oogle.com/maps?um=l&ie=UTF- 8&a=izsd+associates&fb=l&g1=us&ha=jzsd+associates&hnear=Lawrence +MA&cid=0 0 57161197072636463 80&ei=-MNmTdfoGoatgQf6jI3LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsQnwlwAw Gregory Smith, AIA GSD Associates, LLC 146 Main Street North Andover, MA 01845 Tel: 978-688-5422 x203 Cell: 978-204-4770 Email: sg thgjzsd-assoc.com MAP Google Map for Directions: http://maps. ooi le.com/maps?um=1&ie=UTF- 8&a=gsd+associates&fb=1&g1=us&hc=gsd+associates&hnear=Lawrence +MA&cid=0 0 57161197072636463 80&ei=-MNmTdfoGoatszQf6jl3LCg&sa=X&oi=local result&ct=image&resnum=4&ved=OCCsQnwIwAw Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:htti)://www.sec.state.ma.us/l)re/preidx.htm. Please consider the environment before printing this email. 2 Sutton Pond Condominium Management Office North Andover, MA, 01845 - YP.com Page 1 of 2 Save I Email I Send to phone 1:ebook ®fitter Sutton Pond Condominium Management Office 0 SW � ;' 0 Ratings Be the first to review Your Rating (978)681-4567 166 Elm St North Andover, MA 01845 Hours: Hours not available. Please contact Sutton Pond Condominium Management Office at(978)681-4567. - --------------- -----------------------------_....------------------------------------ ... ........ ------- ---------------------_......_...--._--- - - ....... ------- Map&Directions i Reviews(0) Business Details Categories Q Edit info for this business Condominium Management tomorrowWhV file can o • File now . • • + a - i ur rCfUnd faster. FILE ONLINE NOW BLOCK 1 I Paid Advertisement North Andover Yellow Pages >> Sutton Pond Condominium Management Office,North Andover,MA http://www.yellowpages.com/north-andover-ma/mip/sutton-pond-condominium-managem... 4/17/2012 BUTTERWORTH & O'TOOLE, INC. ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY `�GQ P.O.BOX 8294 SALEM,MA 01971-8294 TEL. (978)741-5731 CC� GJ OD��R FAX (978)740-9109 claims@butterworthotoole.com ,O,oPN��QP 08/10/2012 N� FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS . GEN. LAWS, CH. 139, SEC. 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City/Town Hall City/Town Hall ADDRESSES North Andover, MA North Andover, MA RE: Insured: Address : 148 Main Street North Andover, MA Policy No. : CAU3080071 Loss of: 07/28/2012 Water File or Claim No. : 24-0719 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000 . 00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Ch. 139, Sec. 313 is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Patrick Tobin Adjuster ry Member of National Association of Independent Insurance Adjusters BUTTERWORTH & 01TOOLE, INC. ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY P.O.BOX 8294 SALEM,MA 01971-8294 TEL. (978)741-5731 RECEIVED FAX (978)740-9109 claims@butterworthotoole.com "" 08/10/2012 TOOF NORTH ANDOVER HEAL H DEPARTMENT FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS. GEN. LAWS, CH. 139, SEC. 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City/Town Hall City/Town Hall ADDRESSES North Andover, MA North Andover, MA RE: Insured: Address : 148 Main Street North Andover, MA Policy No. : CAU3080071 Loss of: 07/28/2012 Water File or Claim No. : 24-0719 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000 . 00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Ch. 139, Sec. 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Patrick Tobin Adjuster Member of National Association of Independent Insurance Adjusters Grant, Michele From: Hughes,Jennifer Sent: Tuesday,January 13, 2015 3:31 PM To: 'nihar.mohanty@state.ma.us' Cc: Grant, Michele Subject: Sutton Pond Condominiums Nihar, Yesterday,the health inspector and I visited the small sewer pump "shed" at the stone mill building at the Sutton Pond Condos. Both the stone Mill Building occupant, Greg Smith, and a representative from the condo association,William Goode, came out to speak to us. It is clear there is a broken sewer pipe in the shed. We did not see or smell any effluent inside the shed or on the ground outside.The owner had ceased using water in the building the day before. Later in the day my office received a phone call from the Sutton Pond Condo management company that a repair company was on the way to address the broken pipe. It did appear that the pipes had frozen recently and there did not appear to be a heat source in the shed. While there is insulation along the side walls of the building there is nothing on the ground.The shed sits directly on the ground, no foundation,frost walls,etc. i If you have additional concerns, please feel free to call me at the number below. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9530 Fax 978.688.9542 Email ihughes@townofnorthandover.com Web www.TownofNorthAndover.com lI f J�J 1 American Arbitration Association Northeast Case Management Center Dispute Resolution. Services Worldwide Catherine Shanks Vice President Christopher Fracassa,Yvonne Nelson Assistant Vice Presidents 950 Warren Avenue,East Providence,R102914 May 16,2006 telephone:866-293-4053 facsimile:401435-6529 internet:http://wwxv.adr.org/ VIA REGULAR MAIL ONLY I Gregory P. Smith GSD Associates 148 Main Street.,Bldg.A North Andover,MA 01845 Charles Perkins,Esq. 73 Princeton Street,Suite 306 North Chelmsford,MA 01863 Re: 11 110 E 01040 05 Gregory Smith,Trustee of Stone Mill Realty Trust and Trustees, Sutton Pond Condo Trust Dear Parties: Enclosed please find the hard copy of the Disposition of Application for Clarification of Award for this matter,previously transmitted to you via fax on May 12,2006. Sincerely,, Carol J.Batchelder Case Manager 401431 4816 BatchelderC@adr.org Supervisor Injorntation:Joyce A.Sutton, 401 431 4730, Suttonj@adr.otg Encl. cc: Mr. Richard A.Volkin(via facsimile w/o encl) i TOWN OF NORTH ANDON,ER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 .1. WILLIAM HMURCIAK, DIRECTOR, P.E. Etrgeiie P. If'illi.c P.E of No o*M Tc�lcj;hone (9/8) 685-0950 Director of E17g17eeri11g o? .•'.;, ,�.."o Fax (91"78) 088-95,73 a A f • . Mav 12, 2006 ` ° ' • YS$'CMUSE� 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. irectoering North Andover Dept. Public Works V,u amu, uu Vu 1 YUD IYVYI YVD "LDi: �an 10 06 10; 13a United comppump P 603 552 5867 I I i i United COMPrOssOr PUMP Services Inc. 13 Dtlawaime Drive Unit z2 Salem,NH 03979 i Tel: 978.685-0808 NH. 603-552-58$5 FOX: 603-5525867 www.billOunitrdacim com 1 January 10. 2006 To:. Matt Dykeman Essex ManagementFax: 978-687-8640 Subject: Granite Building sewage pumping station upgrade Thursday 1/12/06. v Two new Gould's submersible pumps# W012SHF. 2 horsepower @ 230-volt single phase, 3"discharge: I( 3"piping, unions, 90's, adapters. check valves and ball valve. Schedule 40. i New high-water alarm includes buzzer alarm and waming light: j New upsized control panel to handle(2)-two horsepower pumps. Includes alternators, HOA, starters/contactors, wired to run one pump at a time. I Pump down system completely_ Shutdown electrical supply to station. Remove old pumps, piping and electrical systems. Disposal as required. Install new pumps and piping. All new 3" piping and valves. Install new float switches and run wires to control panel and alarm. Licensed electrician rlclan hued by Sutton Pond to instal! pump control panel and hook up all wiring and connections. lest systems. Granite building will not be able to pump waste for at least 4 hours. This_is an approximate fime onl,.Pleasehave them minimize the use of all toilets and sink dram us e ag Burin this time, W I 9 e will make every effort t4 keep the � time to a minimum and will keep you posted an our progress. r Please let me know if you need anything further, f Thank You f Bill Dufton I i t I 1 f Stantec June 26,2007 Page 13 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting } 1 K Photo 7-Valve Pit 3" Force Main-in 4"Check Valve 4"Force Main -out $tantec June 26,2007 Page 12 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting tW L %err �.y i, rt E 1 w Photo 5-NEMA 1 Pump Control Panel z� j K 'A, r{E3{ i x t v h t,�r � 5 F ,kilRAI f n 4, Y Photo 6- NEMA 1 Pump Control Panel Siantec June 26,2007 Page 11 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting F C d _ � ��n t .�� Y fat. . ����,�, "•� _,�# .7:��� ,F4-7 �j� { �� .:.F �,�`., eft F'��:' §n� *• '' Photo 3-Wetwell& Sewage Solids, One pump in Wetwell .t�d".� .}' % 1 Y�.t �� fir►--^ r ?f'� i -h, 5 Photo 4- P.S. Wood frame Materials R Sta tl ec June 26,2007 Page 10 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting fr:r ;;� �.• . f, Y Photo 1 -GSD Building& Sewage P.S.Site � f x t ` t -10 f ui�n .0 i; Y Frt C Photo 2-Frozen 2" Force Main, Wetwell& Unit Heater Stantec June 26, 2007 , Page 9 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting If you have any questions regarding this matter please do not hesitate to contact us. Thank you for affording Stantec the opportunity to serve you in this matter. Sincerely, STANTEC CONSULTING SERVICES INC. Victor A. Olson, P.E. Senior Project Manager Tel:978-692-1913 Fax: 978-692-4578 victor.olsonqsfantec.com Attachment: Copy of site plan Special Permit 1 Stantec June 26,2007 Page 8 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting Town Bylaw Section 8.3(4) Procedures a. The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8)-Revisions to Approved Site Plans. Town Bylaw Section 8.3(8)—Revisions to Approved Site Plan a. Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i. A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; ii. The change in the proposed landscaping plan which does not violate any Town Bylaw; iii. A change of degree and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b. The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially diff erent sit plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site plan. c. If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. A copy of the original decision, a plan including the modifications, and a short explanation detailing the proposed scope of work should be submitted to the Town Planner, Office of the Planning Department Community Development and Services Division, which will determine whether the scope of work is materially different from the site plan approved by the Planning Board. 8. Building Permit: A new building permit from the Town will be required to make necessary P.S. repairs. 9. Wetlands Permit:Any excavation in this area is within the jurisdiction of the conservation commission and CH 131 Notice of Intent. Application with site plan is required to be filed with the North Andover Conservation Commission and MADEP for replacing the pump station. Stantec r June 26,2007 Page 7 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting proof. Lift-out guide rails are required. The cutter type impellers will reduce the size of solids and their clogging potential. Other pumps and ratings could be utilized provided they are engineered in conjunction with wetwell sizing and other equipment. Pumps rated at 130 gpm would require a larger working volume for the wetwell to provide two minutes of run cycle time compared an 80 gpm pump rate. b. 6-0" diameter wetwell is required to be approximately 8 ft. deep to have sufficient volume and be of FRP construction with concrete anti-flotation collar to provide liquid working depth of 1 ft. to provide a manufacturers recommended 2 minute run cycle time and 3 ft. storage depth. A pump rated for 130 gpm would require a larger working depth of 20 inches. A shallower wetwell could be constructed to provide sufficient volume for 24 hour storage. Alternately, the wetwell could be precast concrete and the flotation collar deleted. Alternately, a backup generator could be provided to reduce the required size of the wetwell. Wetwell size and configuration should be engineered in accordance with pump systems specified. c. The wetwell should be positioned at least 10 ft. away from the existing building to prevent undermining during excavation. A wetwell 4'-0" diameter by 6 ft. deep would be acceptable if emergency power (permanent with automatic transfer switch preferred) is provided. The wetwell and all piping would be below grade with only the access hatch visible. This would put the pump station outside the jurisdiction of the 248 CMR. d. The volume of concrete for anti-buoyancy should be stated and dimensioned for the wetwell. e. Pump controls and alarms rated by NEC as unclassified (i.e. NEMA 1) mounted in lower hallway or 2"d floor electrical room of the existing building. f. Upgrade electrical service for pumps, heating and ventilation system. Provide explosion proof panels and equipment. g. Reconstruct pump house to meet requirements for non-combustible materials, heating and ventilation. "A package pump station "engineered and provided by manufacturer would be acceptable as an option. h. Provide plans for installation and operation of the system certified by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator prior to start of construction. 7. Site Plan Special Permit Changes/Modifications The Town of North Andover issued a site plan special permit in 1993 for development of this site which included upgrades to sewer service. Changes or modifications to an approved site plan under Town of North Andover Bylaw require the following: , Stantec June 26,2007 Page 6 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting j. There is no documentation that the existing w etwell is weighted for buoyancy. 4. Award of Arbitrator Review Award of Arbitration dated October 18, 2005 clearly states that a new pump station is to be provided. While the intent that codes govern is clear, some of the details are at odds with the codes governing the construction of sewage pump stations. a. The sewage pumps are defined and are adequate for the site. While not stated other manufacturers have the same pump performance and could be submitted so long as the system is stamped and certified by a Massachusetts Professional Engineer. b. The wetwell is to be per code, but specifically does not address the issue of standby power or emergency storage. c. The shed is to be erected er requirements p of Town of North Andover. We feel thiswording is ver open and misleading. The shed, if provided, would have to be of non- combustible construction per NFPA 80. d. The use of"full insulation" should be interpreted not so much as a dimension of thickness, but as a performance specification for protection against freezing. We believe that it was the intent of the Arbitrator to direct that a pump station be constructed in compliance with the regulatory codes and permits governing sewerage works. While detail is provided in his ruling such detail does not override the code issues. 5. Town of North Andover Building Permit A building permit (No. 412) was issued at 178 Main Street (Assessors Map 0040 and Parcel Number 0004) on December 5,2005 to the Sutton Pond Condominium Trust's contractor to rebuild a 6' x 8' shed per existing shed (no changes). The permit application indicates the permit is for utility shed for complex including tear down and rebuild shed of same size, length and width. The shed was re-built, however, the permit does not indicate building permit is for replacing pumps, electrical and mechanical equipment. Work to replace pumps, electrical and mechanical equipment was not completed. This building permit is expired and a new permit would be required to ensure municipal inspection by building inspector, plumbing inspector, electrical inspector and fire department. 6. Recommended Pump Station To comply with codes and to meet the orders and intent of the arbitrator's findings we recommend a sewage pump station incorporating the following components: a. Dual non-clog submersible sewage pumps with cutter type impellers, rated at 80 gpm at 70 ft. TDH± (head to be confirmed), 3 HP, 230v, 60Hz, 1 phase explosion Stantec ' June 26,2007 / Page 5 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting not included. The existing wetwell is not large enough to accommodate pumps and lift out equipment in accordance with manufacturer's recommendations. d. There is no documentation that explosion proof rated motors, controls and electrical components required for the wetwell are not separated from the wetwell. NEC-Area Electrical classification is Class 1, Group D, Divisions 1&2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The proposal does not address ventilation in this potentially hazardous environment. Any heating should be designed in conjunction with ventilation design. The wetwell should be ventilated separately from the building. e. The non-clog pumps will be upsized to 3-inch and will tie into existing 4" force main as required (TR 16 3.7.1). f. The force main velocity for the pumps will be rated greater than the required 3ft/sec (TR-16 3.7.2) however, the wetwell is undersized which will result in short cycling of flows such that the cleaning velocity duration may not be adequate. g. The proposal does not adequately address that the flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TR-16 3.8). The building with 6,000 sq. ft. floor area (business use) generates a Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high water and below in the incoming sewer invert. There is only ten gallons currently available. If either fixed of portable standby power is available the storage requirement is waived by DEP. The existing 36" diameter X 48" deep wetwell with a total volume of 200 gallons does not have volume available above the on/off switch levels to meet the 24 hour emergency storage requirement. h. The shed over a wetwell is required to be of non-combustible material (NFPA 820 Table 4.2 Row 19) Existing shed is constructed of wood with no flame retardant treatment. The existing shed located over the wetwell is inadequately ventilated presenting a hazardous condition for operators and a potential fire hazard. i. The wetwell size does not meet the manufacturer's recommendation for running cycle time for running the pumps rated at 130 gpm at 48' TDH for two minutes. The current wetwell was sized for a smaller pump set up. The installation of larger pumps as proposed requires that the wetwell be upsized to accommodate larger pumps and flow rate, sliderail system and additional run cycle volume required. The existing wetwell provides approximately 46 gallons of working volume which would result in a Pump cycle of only 21 seconds compared to the required 2 minute run time. The short cycle will cause pump motors to over heat and may result in early pump failure. The wetwell size should also provide 24 hour emergency storage volume located between the normal high water and the invert of the incoming sewer if backup emergency power is not provided. Stantec June 26,2007 Page 4 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting velocity. Massachusetts Plumbing Code (248 CMR) requires 125 gpm for this condition. g. Flow volume storage of 24 hours during power outages is required where emergency standby power is not available (TR-16 3.8). The building with 6,000 sq. ft. floor area (business use) generates a Title V sewage flow of 450 gpd. This volume is usually provided in the wetwell, above the normal high water and below in the incoming sewer invert. If either fixed or portable standby power is available the storage requirement is waived by DEP. The existing 36" diameter x 48" deep wetwell with a total volume of 200 gallons does not have volume available above the on/off switch levels to meet the 24 hour emergency storage g Y g requirement. The insufficient allows for overflows and backup of sewage into building and pump station during pump failure with inadequate time to respond. There is no adequate pump fail alarm system. h. The shed over a wetwell is required to be of non-combustible material (NFPA 0 Table 4.2 Row 19). Existing shed is constructed of wood with no flame retardant treatment. 3. United Compressor& Pump Services, Inc. Proposal and Norfolk RAM Group Review. The engineer for Sutton Pond Condominium Trust (Norfolk RAM Group) prepared a review of United Compressor and Pump Services Proposal to upgrade the sewage pump station and determined that the submittal substantially conforms to the pumping system installation that was submitted for review and discussed during the September 20, 2005 Arbitration Hearing. We have reviewed these materials in regards to code requirements and manufacturers recommendations and have the following comments. There were no formal plans or design calculations prepared for the pump station upgrade. The arbitrator indicated that the pump station shall meet applicable codes and manufacturers recommendations. a. Installing two new Goulds submersible pumps #W012BHF( No such model number - actual model number WS2012BHF) 2 horsepower @ 230-volt single phase, 3" discharge and rated for 130 gpm at 48 feet of total dynamic head will provide the required two submersible pumps per (TR-16 3.2.3.1). b. The pumps will not pass the required 3" solids (TR-16 3.2.3.2) even with the 3" NPT optional discharge flange. c. The proposal does not include a "lift out"design of submersible pumps for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. (TR16 3.2.3.7) Goulds model A10-20 sliderail system would be compatible with pumps per manufacturer's recommendations however, there is no reference in the proposal. A shaft seal failure alarm is also required but it Stan1e r June 26,2007 I Page 3 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting engineers to demonstrate sound engineering practice as a condition of approval of proposed sewerage infrastructure. • NFPA 820 Fire Protection in Wastewater Treatment and Collection Facilities— National Fire Protection Association, 2003. • Title V—State Environmental Code. - Used to estimate sewage flows for a given building use. • Massachusetts Building Code and Massachusetts Plumbing Code(248 CMR)— (These typically govern sewerage within a structure and generally do not apply outside the foundation as in site work with the exception of plumbing within 10 feet of the foundation. The following code violations were noted at the existing pump station. a. Two submersible pumps are required (TR-16 3.2.3.1 and 248 CMR ); currently there is only one pump in place. b. Pumps required to pass 3" solids (TR-16 3.2.3.2) (Note: This standard can be relaxed to 2" solids by using a"cutter"type impeller for the pumps.) C. Submersible pumps to be "lift out' design for maintenance without the need for entering the wetwell and connect to force main with self locking coupling. Shaft seal failure alarm required (TR-16 3.2.3.7) d. Explosion proof rated motors, controls and electrical components required for wetwells and spaces not separated from the wetwell. NEC-Area Electrical Classification is Class I, Group D, Divisions 1 & 2 (NFPA 820 Table 4.2 Row 16 and TR-16 3.6.2). The current wetwell is not sealed and the building has no ventilation. The wetwell should be ventilated separately from the building. e. The minimum size force main is 4 inches (TR-16 3.7.1). Smaller diameters down to 2 inches are accepted by DEP where "cutter"type pumps are used and. The existing force main is 2-inches which increase to 3-inches onsite and ties into a 4-inch cast iron force main before connecting to a sewer manhole in Main Street. f. The force main flow velocity shall be at least 3 ft/sec. (TR-16 3.7.2). For a 4" (nominal diameter) force main, located greater than 10' away from the foundation, the minimum pump rate would be approximately 120 gpm. Lower velocities are accepted by DEP where "cutter"or"grinder"type pumps are used. If a "cutter" type pump were to be used the flow rate is 80 gpm to meet the 2 ft/sec criteria in the 4" force main. The intent of the 3 ft/sec velocity is to re-suspend sewage solids which will settle in the pipe when the pump is "off". The size of the force main thus determines the required pump capacity in order to achieve the 3 ft/sec cleansing i Stantec June 26,2007 Page 2 of 13 Reference: Sewage Pump Station GSD Sewerage Consulting The proposed shed constructed and the proposed pump improvements by representatives for Sutton Pond Condominium Trust do not meet the Arbitrator's requirements since they do not meet applicable codes and manufacturers recommendations as described in the following: 1. Existing Sewage Pump Station (See attached Photo#1) The existing sewage pump station building was recently rebuilt under building permit dated December, 2005. The components of the existing pump station include: a. One submersible 2" sewage pump (non-cutter type). Previously there had been a second pump but it had been removed. b. 36" O fiberglass wetwell with steel cover with open unused pipe connection. c. 2" PVC force main with shut off valve (possibly a butterfly type) and non-pressure type Fernco flexible couplings. (See attached Photos #2 and #3) d. Wall mounted NEMA 1 duplex pump control panel with HOA switches and pump control floats in the wetwell. 230 volt single phase 60 Hz. (See attached Photos #5 and #6) e. Small baseboard electric heater sitting on earth floor. f. Rectangular wood framed shed of minimal construction/sealing covering the wetwell and partially insulated with rigid foam board on the ceiling, walls but not the door. There is no foundation or floor to the shed; it sits on timbers. (See attached Photos #2 and #4) g. Two-inch force main to an underground 3" PVC force main from the wetwell about 40 ft. to a concrete valve pit with a check valve and transition to a 4 cast iron (CI) force main which connects to the town sewer in Main St. (See attached Photo #7) A site plan showing the original pump station LOCATED ON THE 148 Main Street Building A side of the waterway indicated that the Osgood Mills complex (now the Sutton Pond Condominiums) was served by a pump station and 4-inch force main. The original pump station has been removed. A new pump station was construction on the opposite side of the waterway to serve most of the Sutton Pond Condominiums complex with only 148 Main Street Building A remaining connected to the existing 4- inch force main. 2. Code Violations The codes which govern the design for pumping raw sewage are: • TR-16 Guides for the Design of Wastewater Treatment Works—New England Interstate Water Pollution Control Commission, 1998. (This is used by DEP and Stantec ConsultingServi+—ces Inc._Y 5 LAN Drive Suite 300 Ulestford NIA 01886-3538 Tel:(978)692-1913 Fax:(978)692.4578 s ntec,com Stant-pec June 26, 2007 File: 195111296 Mr. Gregory P. Smith GSD Associates 148 Main Street, Building A North Andover, MA 01845 Dear Mr. Smith: Reference: Sewage Pump Station Review Stone Mill Building (GSD Associates) North Andover, Massachusetts This letter describes a site visit with Greg Smith on January 30, 2007 by V. Olson and on February 7, 2007 by W. Terrell to evaluate the existing sewage pump station for code compliance and to make recommendations for an upgrade. We also reviewed plans prepared by others and the Arbitration Award for general code compliance. The existing station failed when winter weather caused the frozen discharge pipe to burst its fittings and discharge sewage to the ground. The existing small electric heater was inadequate to prevent freezing of the discharge pipe. It was noted that the pump discharge was connected to the 2" force main with non-pressure rated unrestrained flexible couplings. It is our opinion that with freezing of the force main, the pressure at the coupling increased to full pump head causing the flexible coupling to slip off the force main. The pump station was not in operation during our initial site visit. After using a pump out truck for a period the discharge pipe was repaired and the pump placed back in service. At the time of our second visit the pump was working, albeit at a frequent pump cycle considering that the building was only partially occupied. The existing sewage pump station building recently reconstructed does not meet the award of the arbitrator dated October 18, 2005 in that the pump shed does not have any power ventilation or sufficient heat designed in conjunction with ventilation system to meet the arbitrator's award requirement that"The pump shed shall have, as a minimum, heat, full insulation, power ventilation upon opening of the access door, sufficient lighting for pump maintenance and a minimum 120 volt, 20 amp outlet for maintenance use." The installation and operation of the system was not certified by a Licensed Professional Engineer, Commonwealth of Massachusetts as required by the Award of the Arbitrator. t i' • r, � T � r �,M l 'k♦ ♦ r. t3 r 04 Fl- Y 1N` n • � �`2 Pte,�� .` � sr � P +4 ♦ sis� e P 2� �+ '2 � 4� �♦• 4 �p� �qT Jam} � N.�( A. tit ` 31,4i. t 741 ;��� . ,fit xis •`t A �. ,( . �y�,f�t& 'a ,,,� ��.i. f • yS S r •R' 3 g Y`i•401M rrtwrrrntRtns al HtlGtll YL +87H-Z51-3fi06 i-06f P.006/008 �-Zrg l znuar 1.6,2006 Sutton Pond Condominium Assoctabor. J SCM-age Pwnping System lnstallatiorn ! i (Ti1le5) are not applicable for this site. Title 5 regulates the siting; Construction, upgrade�anc maintenance Cron-site sewave disposal systems (ie septic systems) not the design, installation c- operation of pumpin!SyStemS That convey sewage to a municipal sewaec collection system. Finally, as outlined in the Memorandum and discussed at the Arbitration Hearing, Mr. Ii r, Willett, Sewer Superintendent for the Town of North Andover has indicated that the sev a connection for 148 Main Street, Building A is an existing permitted use and that no nein static 01 local sewer permit is necessary for the upgrade of these pumping systems. i If you have any questions, or require any additional information, please I6�1 free to contact nec at 009) 747-7900,extension 130, ' Sincerely, Norfolk RAM Group J i Kevin P.Kinin, P.E. Associste Copy in: Mr. Matthew B. Dvkcman,Essex Management Group Mr.Bill Dufton,United Compressor, and Pump Services, Inc. { ii I I i I i i) 1 i C i f iI II ui-cu-cuuo u47-gorHi rnum-rerKing 6 ARCM M +876-25}-3606 ?-D68 P.005/DOB =-298 INUECTOLKi ...... RAM- GRoLT l "on'. ENGINEERING THE ENVIRONMENT j f January 16, 2006 i i I Attorney Charles A. Perkins, JI•, j Perkins & Anctil,P.C. 73 Princeton Street, Suite 306 1 Noah Chelmsford, MA 01863-1558 RE: North Andover- Sutton Pond Condominium Association Sewago Ejector Pump— 148 Main Street, Building A Norfolk Project No. 768.001.01 IIIIj Dear Attomcy Perkins: We have reviewed the Granite Building sewage pumping station upgrade proposal prepared by United Compressor & Pump Services Inc. and have determined that this submittal substanii2lly conforms to the pumping system installation that was submitted for review and discussed Burin- tine September 20,20(15 Arbitration Healing, The intent of this proposed duplex pumping s�Istet,� is to replace existing undersized pumps, valves and piping with the installation to be coQcted within the existing wet well in accordance with the manufacturer's recommendation y and installation instructions. I The approvid pumping system (as outlined in our Memorandum dated September 12, 005; includes the installation of duplex Goulds Pump, non-clog submersible purnping system, (mode? 3887B1-IF with 2 hp, 230 volt, 3500 rpm single-phase motors and a maximum draw of 18.0jamMCI providing 130 gpm of flow at 48' total dynamic nead), The pumping system is to ire eawmp, %vith a new hioh water alarm and an upgraded control panel. Furthennore, the approvec. installation is to include upgrade of the existing 2"diameter discharge pipe and valves, with a 3" diametcr replacement line (including flow control valves and check valves) to be installed ltbov" ground within the upgraded pump house building. The remainder of the existing 3"pipi `g that extends underground approximately 20 feet to the existing subsurface valve chamber wheic. it is coupled to a 4" line thai ultimately extends to Main Street, is to remain in use and will not need to be disturbed, The Award of the Arbitrator, dated October 18, 2005 indicates that "the wet weil is toji n it ;-accordance with nlanufaciuver's recommendation, State Plumbing Code and Tlti- Repla ions". The existing 40" diameter, 48" deep fiberglass wct well appears to cornplh with the applicable sections of the State Plumbing Code and is sufficient for the installatioil! to oc computed in accordance with the manufacturer's recommendations and installation inSMFtions. Furthermore, the provisions of 310 CMR 15.000: The Stag Environrrlenrol Code, Tiitle 5: Standard Re yuirements for the S'ltin,, Construction, Inspection, Upgrade and Expansion On- site .Seti'u„e Tr(catment and Disposal Systems and for the Transport and Disposal of Sgptaoe, [)tat:Rnntti;'rsRonn+pLvn�ctu1!I,M�StinCFiUSF.m"r� 02360+(SOF}747_7900>'Ilni,r • (508)797365kri,x! 3,Sn�(1!S I uci_;,13�11t.u1rir II•MtLro!tn,Nn3s gtuussm"rs 01757•(50.�)478-1276•(508)478.1498 FAX W W W.N0IZY0Lt;MK(7nM 93 16 RL TOWN OF NORTH & Nr) ovER p1.�.:', i 'tiit 14fASSA.C1EU8ET TS lli':t+ ' Kai~; �ti'1G� 10r l r_ Any appeal shall be flied within(20) days after the dale of filing of this Notice ThisYtoearlyMtM*MOPT +,+ ',<' f,.,r,.r a,:.mimwoIt"*= ed In the Office of the Town " '°'oo°`d� « Vi@rk, tdOTICE OF 0ECfS110td laws I . t, .� Date,,, Decet:ber 22, ���i•.l*,ja ,.. „y�� . 1992 p `z tif�:.�• "�` " ai`� Date of Hearing December 15. 1991 —+ t'iit3on:Af U�QAC1. Lnc:... L---I -� ...« lr- ;r" c�rp ectad ,treat,side,of Elm/High.Stzeet 4. Referring to the above petition for a special permit from the requirements is te'! q Of the Horih Andover Zoning BYlav: Sections 11.� Planned Development District• r ..< they reissue of a Special Permit in order, to complete tha �. so as to permit .,,,, i constructhe Dagood.Mill Pro�eet: .. •. tion,of ••, ` j After a ublic hearing =� Co' pp g given on the above date, the Planning Board voted' rDMON LY g r 4 to AP['ROtA .,,•,,,the —SPECIAL PEP-41T ............. e i. based upon the following conditions cc, Director of Public Works Building Inspector Conservation Administrator Health Agent } Assessors Signed I Police Chief Fire Chief "" ••" Applicant �cs�p11 .WW�y . •. Engineer "'•"' File JDhm 51rrona., I ""•"""""" ' nterested Parties Aolm DxzP&x .............. ....... L R�Fh�Fd.Panning Bonrti.... .:.. r KAREN hc: It.?. WN l " ^ D� .I Town of 120 Again S=L, Olt. BUILDING 7 NORTH ANDOVER (508)632.6483 CONSERVA-TION sawn or >?uxxtxa PLANMrl &CON MUMTY DEVELOPMENT {f i December 22, 2992 + Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, *MA 01845 ' f Ra. Qsgood Hill 'Planned Development District (PDD) Special Permit , , Dear Mr. Long: i The North Andover Planning Board held a public hearing or, t Tuesday evening, -December 1, 1992, at 8:oo p.m. in the Town. Office Meeting Room, upon the, application of. URDAC, Inc. of Boston, MA., and subsequently 'continued the public hearing until December . 15, 1992. The hearing was duly advertised in thy, Lawrence Eagle Tribune on November 15 and November 23, 1992, 1:I_ parties of interestwere properly notified. The following members were present at . the December 1, 1992 meeting: Josenh Mahoney, George . Perna, .J'ohn Draper, John Simons and Richer:: Rowan. ' I The petitioner seeks a Special Permit under Section I*. Planned DevelonmPntF of the North Andover Zoning Byla�+ I (the "Zoning Bylaw ) , governed by Section lo.31 Sonditions fe- ? flpproval of Soeri�t P rMit. This section of the Zoning Bylav permits a mixed use in an Industrial-S District by Special f Permit. As indicated in a Notice 'of Decision dated September 3, 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit to allow the conversion of two existing buildings, cnd - const;-uctio:1 of five new buildings, into 188 residential housing units and an office/restaurant facility located on the Westsid�r of Elm Street and known as the Osgood Mill 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 f designated Commercial ' Area Revitalization District (CARD) and Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Mill Complex was completed, and a question has arisen whether the Special Permit, as well as the associated site plan approval for tha Osgood Mill complex, are still in full force and effect. II 2 Page 2: ` Osgood Pill comDlcx The purpose of the .presant Spacial Permit application -E 4 obtain a new Special Permit, as Well as definitive site pl ; approval, in order to complete the partially constructed osgor Pull Complex. The red• definitive site plan is set forth on t glen entitled "Sita Layout{, 'Sutton Pond condominiums[', ) ttor Andover, Hassachusette"; prepared by Henry Schadler As sQciade: P-C.; scale: 1"-4011 dated November 13, 1992, revised hove' 30, 1992 (the "Plan^� . Mh The following members were present and voting a-:� December 15, 1992, meeting when the Board rendered ;h, decision: Joseph Mahoney, Geosga Perna, John Draper, ;rp Simons, and Richard Rowan. Upon a motion made by Mr. Mahoney and seconded obv 4 Draper, the Board voted unanimously to close the public hear: and approve the petitionsr'u Special Permit applipation and Pi for a Planned Development District (PDD) for the osaoa(: 1' Complex. Attached are those conditions. Sincerely, NORTH ANDOVER PLANNING Eotjr: George D. Perna, Chairmu C cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File r B 3675 Osgood Mill Project Special Permit, Planned Development District The Planning Board herein approves the Special Permit requested by URDAC, Inc. , submitted November 13, 1992. The Planning Board makes the following findings regarding this special Permit for a Planned Davelopm8n6 District (PDA) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. A. The specific site is an appropriate location for such a use, structure or condition; 8. The use as developed will not adversely affect 1lI& neighborhood; C. There will he no nuisance or serious hazard to vehicles cr pedestrians; D. Adequate and appropriate facilities will be provided Lor the: proper operation of the proposed use; E. The Planning Board finds that the use is in harmony with the general purpose and intent of this Bylaw. The Planning Board also makes these findings under section 11..4. of the North Andover Zoning Bylaw that this PDD k. Does not detract from the livability and aesthe=_c qualities of the environment. B. Is consistent with the objectives of the Zoning Bylaw, C. Promotes a more efficient use of land while protectin natural resources, such as water resources, wetlanac, flood plains, and wildlife. D. Promotes diverse housing at a variety of costs, £. Contains ingress and egress for traffic flow that is designed properly. so that there will be no serious. / hazard to vehicles or pedestrians. Y F. Contains adequate ,parking facilities for each use rang -structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical characteristics. R. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the Planning Board finds that the PDD complies with Town 375 . 1 .224 Bylaw requirements 'so long as'the following additional condition: are met: g 1, The required open spacers shall be conveyed to the Conservation commission or to a non-pro"it conssrvatioa, organization, or to a corporation or trust representing persons resporsibles .for the PDD, and shall be protected by e conservation restrict an as required by G.L. Chapter 40�,, Section 9 , for commo-n open space, in cluster developments.• The conveyance documents will be provided to .the Planning staff tar review prior to the recording of the Special Permit. 2. The applicant shall comply with all North Andover DepaZ-Meng Of Public Works Rules and Regulations. `s. Any action by another Town Board which requires chancyes the roadway ...nli.gnment, .. ._pl.acement of any easenen'ls c.° Utilities, drainage facilities, grading or no-cut lines, ma,y subject this decision to modification by the,Planning bon=d., 4. The property owner shall -use the "proposed right 'of wayr- ac Site shown on the Plans titled: SitLayout, Date Issued: Nov. 13, 1992, Revisions: Nov. 30, ' 1992, Prepared By: Han.-" Schadler Associates, 5 Waterville Rd, Farmington, CT 06=, (hereinafter .."Plan") for ingress and egress to the The Property owner shall continue to use this right el :rEv as it may be modified over the Brickstone property, sc� called, in the future to access directly .the Sutton Sz::eet connector, once it is constructed. 5. All lighting within the site and the right of way sha'_4 be as shown on the Plan and shall be consistent with e::is ZU. lighting .on site. 6. All new signs shall be approved by the Town Planner and must have' a sign permit as required by Section b of the Bylaw. 7. The Planning Board approves, at a minimum, 281 psr�:ir,e spaces as shown -on the Plan: The Planning Board finds this .number of spaces, although minimal, to be adequate, for the project as approved. Twenty spaces will be designated- and marked for visitor parking. The applicant must provide for handicapped spaces as required by applicable state and federal rules and regulations. t B: The water .installations .must . conform to 3Io . EMIR :2:22 `4 regnri�ing cross-connections. Plans showing proposed f� installation of back flow prevention devices at such cross- sections must be submitted to . D.E.P. :for review and Fapproval. These installations must be approved by the � ;. plumbing inspector. B 9S 675 9. The applicant shall adhdre to the following requirements of the Department of Public Works: M. The applicant will connect the new water main on the Osgood Mill site to the recently installed water main on the North Andover Mills property. A11 unmetered an site water mains to be used for domestic purposes are to be abandoned. b. The' sewage pumping station and collection system should be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division of Public Works. A sewer connection permit must be produced from the Division of Water Pollution Control of the Massachusetts Department of Environmental Protection if necessary. �G C. The existing pump 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. 10. . The applicant shall adhere to 'the following requiraments of the Piro Department.- a. epartment:a. The Fire Department must be contacted prior to the installation of any underground tanks. b. copies of the completion certificates for asbestos removal must be forwarded to the fire department. ON The automatic fire sprinkler systems is required to be finished, The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codes. i. all the installations must be inspected and tested to see if the flows will be adequate. ii. the connection for the sprinkler systems protecting the units and adjacent hallways shall be corrected by the removal of the separate sprinkler shutoff so that there is only one—shut off tor. both the domestic and sprinkler water.. the sprinkler contractor shall review the entire sprinkler protection system with the fire chief prior to the star` of any work on Any existing or new systems. d. Tha dry fire hydrant is to be maintained by the property owners. It` must be tested by the fire 26 department and repaired b theproperty Y owners. E• The automatic sprin}tle'r system used to protect thcs storage area an the lower floors- must be installed in accordance with applicable. fire safety codes at the direction•of the fire department. f. Fire department.. connections art required on standpipe tyatsme. theThane atandpipas taus, bs inatailud in accordance with, y cones,the applicable fire safet The tare department Will work in canjunction with the: Standpipe contractor to insure that the propez adapter and threads are installed on these devices. g. The fire sprinkler system in the stone maintenance changing must be maintained by the property owner. kny change in use of the building from maintenance to another use must be reviewed by the fire department. h• the existing fire alarm cos;, located on the old mill. must be removed. A - new fire alarm box and rema& annunciator shell was installed at the far right corner Of the existing old mill. This fire alarm box and remote annunciator shall service all .the fire alar-o devices in the residential complex. The main firs �:is� control panel for the complex shall be located in tile;. stairwell adjacent to the fire alarm box. i• The" fire alarm system components that hays been, installed must be inspected and tested. J- A fire alarm system must be installed with he following equipment: i. hard-wirad smoke detectors in common' areas enu hallways tied to the zone indicator; fire alarm central panel and ii. each unit will have smoke detectors as required but' will be only for that unit and not connect-ad to the central panel; iii. a double action pull station shall be installed. within 6 feet of every exterior door from common areas; Iv. an exterior indicator light shall be placed on the corner of each section of the buildings (4 in total) , visible from the courtyard to give fire apparatus the location of the problem as described on the existing pians. k• water floor alarm for each sprinkler system shall be installed. These alarms still not activate the master ( r shallalhavebox_ The sysProt tem proecting the storage areas control its Slow switch. connected to the Dain panel and the activation of that flow switch will trip the master fire alarm box. 11.. Prior to a Certificate of Occupancy being issued, to Bonds in thy! form of a Passbook or -Tri-Party Agreement in an amount to be determined by the Planning and/Depaotment, 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 sinal as-built when construction is completed to be approved by the: Department of Public Works and the Town Planner. 12. Prior to a Certificate of Occupancy being owner must issued for the last of the live (3) new buildings, the property construct .one additional elevator as shown on the building plans.' 13. The applicant must -comply with all Massachusetts State building codeB and obtain all permits and approvals ar required from the Bu#lding Department. 14. There shall be no burying or dumping of construction material on the sit&. 15. The contractor uhall contact Dig Sate at least 72 hours prior to commencing any excavation. 16. Gas, telephone, Cable and Electric Utilities shall be installed as specified by the respective utility companies. 17. Any plants, trees or shrubs that have been incorporated into the landscape plan approved in this decision that die within one year from the time of planting applicant. shall be replaced by the 18. Any demolition of structures and clearing of material shall ba 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 }sigh Street shall be both an egress and ingress across the right at tray, as described on the Plan and as referenced in Condition 4. 30• The one-way access from Main Street to the property in to be maintained by the owner. 71. Any change in use of the stone maintenance bu I maintenanca to another use is subject to the review or the t Planning Board. 22. The construction of the. interior of .th building shall ; Under the supervision of the Building Inspector. 23. All constru--tion shall aammence within two 2 the. date of this approval and- shallbe complated. within t2ve tS? Years from thw date of this approval. comp,$tion to ae December 22, 1997. 24- The provisions of this conditional approval shall a �� tc successors,and binding upon the applicant, its employees aandj :,1!_ and assigns in interest ar control. 25. The following plans shall be decision: considered as part of trsE Plans-Entitled: Osgood Mill North Andover, MA Prepared by; Scale: 1/8" i 2t-Anderson-Nichols, Boston, HA 0« Dated: April 6, 1987 Sheets cl-C8 - Civil Sheets Dl-D10 - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets P1-P6 - Plumbing Sheets M1-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical Plana Entitled: The Osgood Mill., Korth Andover, MA Prepared by: Matarazzo Design 9 Hills Avenue Scale: Concord, m..H. 03301 Dated: l" - 30, August 3, 1987 Sheets: 1 - 5 Dated: November 11, 1987 Sheets: 1 _ 2 Revised by the following plans: Plans Entitled: Site Layout Sutton Condominiums North Andover, MA Prepared by: Henry Schadler Associates, P.C. 5 Waterville Road Farmington, CT 06032 Dated; November la, 1992, Revised: November 30, 1992 Scale: I" r 401 , he-Built site Development plan Prepared for RECOLL Management corporation Scale: 1" r Dat501ed: August 1992' Plane Entitled: Planting Plan • Sutton Pcnd .condominiums North Andover, MA Prepared by: Henry Schadler Dated: November 13, 1992 Revised: November 30, 2992 Scale: 1" as 40' cc: Director of Public works Building Inspector Conservation Administrator Health Agent Assessors Police chief Fire Chiof Applicant Engineer Filo OSGOOD.D a 05 0z: 80P E P. 2 AMERICAN ARBITRATION ASSOCIATION Construction Arbitnteon Tribunal In the Matter of the}+rbitration between: Inc_ t 1 110 E 01040 05 Gregory Smith„Trustee afStone Mill Realty Trust and "nl2:man*" Trustees,Sutton Pond Condo Tnzu "Respondents" AWARD OP ARBITRATOR 11 TM LWDER.SIGNED ARBITRATOR, having been designated in accordance with the arbitration entered into between the above-named pie$ and plated December 01, 2003 having duly heard the roots and a,greemen: P allegations of the parties.do here � and having been duly sworn and by,FIND,as follows: 1• Claimant is found to have broached tete Settlement A e Smith and Linda M.Can de Voorde, individuail and as Tamen[entered by the Court in the case of"Gregory P. Condominium Trust",Essex SuperiorCo y Trustees oF�GStono Ivtillltettlry Trust v Sutton Pond Settlement A ce Civil Action Number 99-01960. In specific Claimant has breached the IP rncnt by fatting to allow Respondents to install a duplex sewer pump system with an alarm breached systt along with the construction of a shed to house the Sarna_ The Arbitrator orders the purehasc and installation of two(2)Goulds non-clog sewer ejector pumps, Model 3853 BHF as detained and specified in Respondents'Exhibit 29,installed in s"du lex" t comm s,alar�T electrics,piping and valvesonsP arrangement with municipal system in accordance with the ,shallr�qum a is and and designed to discharge to the installation andtem theTown s requireurenis and good engineering practice. The LicemeCAmmoawealth of Massa bttsrtu sThe A bitrator orders Respondents dto enter Claimant'ional s make any nec;ssatY changes to Claimant's electricals s facilities and duplex sowagc Pumps,controls and er YR=to provide the necessary power for the new The wet well is to be ' y Power outages trust be at the convenience of Claimant. Regulations. m accordance with manufacturer recommendation,ecomtnendation,State Plumbing Code and Titie The Arbitrator has determined,based on testimony,documents,exhibits and site inspection that Claimant`; reelucsted`grinder`-pumps do not meet Claimant's concern far maintenance and operation. Grinder pump; given the d' h affluent"fall.9ut",ca esc ar&°PIPg confa$urntior.,length,size and flow velocity could have mducers/incre using Padang of the gs,particulate Thea in the discharge ins flow obstruction at bend asers and other genera!fittings, The non-clog pun P' s,pine tendency to"move along",not pac[cing within tires stem H p(2"material disc mniatenatrce costs relate y Grinder um noon)would have a causing a lce costs burden o tClla lnya�ar the three-year Res p Ps have known signifcaui date. pondeat's maintenance liability agreezzten:, The ArbiRator furdS that the Massachusetts Code shed,heated or otherwise does not come under the Common Andover. wealth of State Building Code 780 CMR and is ordere mquircnncnts of the Town oFNorth d to be erected in compliance with an other The Pump shed shall have, as a accros door,suiticie nt lightingminimum,herr, —4-9insit;:tir r p;rex Yentitation on o rnaini9ry�tree use_ for the pump maintenance and,a minimum~l20 volt,20 r unlet or 2- Respondents are found a minimal loadin to have breached the Settlement A onts provided area without E-Annoading area which Claim ltheement,as described in item E.. ut obstruction of 1tatTrc Bove i ant shall have the right to use and failed to pmvidRe a sue 6Ic parking observed that the closest s oad►nF�ttnloading facilities,or Fire i "'rounding Paddng areas are numbered and ane interference. Tne Arbiltator dedicated to the cond+Jmitnium residents_ . Page 1 o;'2 fieceived Timr Oct •IE. 1:34Pid Vidll o _S00 �8 05 02: 30p ENGINI 3 I;<the Mutter of the t+rbitration beiwees lte:1 E 110,E 01040 06 Gregory Smith, Trustee of Stone Mill Realty Trust "CltimanC zad Trtutees,Sutton Pond Condo Trot �tl�Csnon�ents" AWARD OF ARBITRATOR The Arbitrator orders Respondents to crena a parking slot within close proximity of designation 2 as shown on E%hibit C,for purpose of parlang a service vehicle for access to the rear of Claimant's buildinb 3. Tho Arbitrator finds no breach of the Settlement Agreement,as described in item I in regards to trash siting and removal. The Settlement Agreement does not desigasto a permanent location forthe trash containers,but only designates an area for the short-term construction.project, The Arbitrator orders Claimant to place the trash containers at his desired location without obstruction to the ingmss of Resp ridents' property. All conditions regarding this issue in the Settlement Agreement remain in full erect. 4. As testified to,Claimant has failed on, at least one occurrence to adjust the lightingns required in paragraph-5 if the Settlement agreement. The Arbitmtor orders Claimant to provide due diligence iu maintaining tha operation time clock,specifically when there:is a power outage and daylight savings time adjustments. Thr:Arbitrator reiterates the findings of the Courtin regards to the"Settlement Agreement",civil action number 99-01960 and Claimant and respondents to cooperate jointly,allow access Claimant's leased property in order for Respondents to effecwate tho terms of this Order. All legzl fees shall be the burden of the respective clients. The administrative fees of the American Arbitration Associatiori totaling 52,100,00 and the compensation and expenses of the arbitrator totaling 5842,12 shall be bome by the parties equally, This Award is in full settlement of all claims and counterclaims submitted to this Arbihmoon. All claims not expressly granted herein are hereby,denied. r35 ` Date w. Mr.Mcbard A.Volkin 1,Mr.Richard A.Volkin,do hereby affirm upon my oath as Arbitrator that I am the individual described in tired who executed this ittstrurnent,which is my Award. AP�'1� '.v,f Date 1 M.RichaOoi�km � Page 2 oft Received Time Oc#. 18. 2:34PN SIV —}�Uy O11 , _ VIVli '6 _SOON o. !�;; 40 Ra T CY)W APRON W0 PLATFORM � ■.. is i `� STAMS GATE CO�.0 6' T 3)PIPES 4' , �. O r1, WD. SHED g vMW wrt c W141 .. _.. _mil _ ILI (41art CA ar• at !v� a COX A a X . GRRSS f 1e � 4� 4 �shw BRICK S b� a bOiNC NET •�`! � 1MATE` g C aFP c` OF WATER - SEWR MPHSE cUTL UP vht GRATE VAtJE'�`- t+ GRASS �t S7'Y Imp Q 106 YR.F� . UP 00 s 60-38-2'2 W TOWN OF t NORTH WD. POST /! U ANDOVER S VIE � 1720 / 176 W tip,Q � •�� �' NO TOWN OF NORTH ANDOVER O� oT" 9 y F A Building Department « 1604 Osgood Street q bAAT.b. 11 Building 2-Suite 2-36 Building Dept �SSACHUS�t North Andover MA 01845 Tel: (978)688-9545 Fax(978)688-9542 COMPLAINT FOR INVESTIGATION DATE: 1-14-2015 TEL#: q-�e f &bg7 c 22a NAME OF COMPLAINTANT: Gregory P Smith ADDRESS: 146 Main St. North Andover, MA 01845 COMPLAINT TYPE: (5e-e P Int) Electrical: Yes - Improper wiring of heater can cause explosion of sewer gas. yes-Sewer Pump station is in failure.-Improper venting and sizing of wet well-Not Designed by P.E. Plumbing: Gas: Building: Property Owner: Stone Mill Realty Trust,Gregory P Smith, Linda VandeVoorde Trustees Address: 146 Main Street. North Andover Other: Sewer pump system that is owned and maintained by Suttoin Pond Condominium serves our building Sutton pond has refused to properly construct sewer pump system and it has once again failed This issue effects our buildiong as the pump station was constructed against our building the system wet well is not being pumped out and it is effecting our property We are asking the Town to enforce the requirement of special permit,the DEP regulations,and building code. It is our understanding that these are to be enforced to protect the safety of the citizens of the town. Signed: Complaint Form-Revised 6.2007 `<A } �Y x 10 ,L y 5' •. `plc ti ti TOWN OF NORTH ANDOVER NORTH OFti4eu ,a1ti0 ti :� A Building Department ,► 1600 Osgood Street Building 2- Suite 2-36 Building Dept �9SSgU0 tom# North Andover MA 01845 Tel: (978)688-9545 Fax(978)688-9542 COMPLAINT FOR INVESTIGATION DATE. 1 -14-2 015 TEL#: 176 ` �6 8 ' S ZZ NAME OF COMPLMINTANT: Gregory P Smith ADDRESS: 146 Main St. North Andover, MA 01845 COMPLAINT TYPE: Electrical: yes - Improper wiring of heater can cause explosion of sewer gas. yes-Sewer Pump station is in failure.-Improper venting and sizing of wet well-Not Designed by P.E. Plumbing: Gas: Building: Property Owner: Stone Mill Realty Trust, Gregory P Smith, Linda VandeVoorde Trustees Address: 146 Main Street. North Andover Sewer pump system that is owned and maintained by Suttoin Pond Condominium serves our building Other: Sutton pond has refused to properly construct sewer pump system and it has once again failed This issue effects our buildiong as the pump station was constructed against our building the system wet well is not being pumped out and it is effecting our property We are asking the Town to enforce the requirement of special permit,the DEP regulations,and building code. It is our understanding that these are to be enforced to protect the safety of the citizens of the town. Signed: Complaint Form-Revised 6.2007 C� t%0RTI/A TOWN OF NORTH ANDOVER 3= b,;��•'.;6,�ooL A Building Department 1600 Osgood Street Building 2-Suite 2-36 Building Dept �9SSACNUS North Andover MA 01845 Tel: (978)688-9545 Fax(978)688-9542 COMPLAINT FOR INVESTIGATION DATE: 1-13-2015 TEL#: x'76 . bb, 5+22 NAME OF COMPLAINTANT: Gregory P Smith ADDRESS: 146 Main St. North Andover, MA 01845 COMPLAINT TYPE: (6rqv)r6G RIVPORT. Dmf Jane 2(o,Z00) Electrical: Yes -See Attached Report- Previously submitted to Building Dept. Plumbing: Yes - See Attached Report Gas: Board of Health / Planning Board - See Attached Report Building: Yes - See Attached Report Stone Mill Realty Trust-Gregory P.Smith&Linda VanDeVoorde Trustees Property Owner: Address: 146 Main St. N. Andover MA (Formerly 148 Main St. Building "A") Other: Please note that 146 Main St.is not part of Sutton Pond Condominiums. However Sutton Pond Condo's has constructed an undesigned and non-permitted(DEP nor Town)sewer pump station attached to our building without our permission or approval. The Pump station supports our building and obtains all of its electicity from our building. This sewer pump station is in failure. Please note that all permits for work on our property to the electrical system need to be signed and work approved by owners of 146 Main only.Previously the town has issued permits without our approval,and Gerald Brown has refused to then inspect the work on site. Signed: Complaint Form-Revised 6.2007 , TOWN OF NORTH ANDOVER poerN �`4�LtD yt 1h(1 Building Department 1600 Osgood Street Building 2- Suite 2-36 Building Dept �9Ssq�Hus` North Andover MA 01845 Tel: (978)688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 1 -14-2015 TEL#: )b 11 b8g NAME OF COMPLAINTANT: Gregory P Smith ADDRESS: 146 Main St. North Andover, MA 01845 COMPLAINT TYPE: N--r 1 P Electrical: yes - Improper wiring of heater can cause explosion of sewer gas. yes-Sewer Pump station is in failure.-Improper venting and sizing of wet well-Not Designed by P.E. Plumbing: Gas: Building: Stone Mill Realty Trust, Gregory P Smith, Linda VandeVoorde Trustees Property Owner: Address: 146 Main Street. North Andover Other: Sewer pump system that is owned and maintained by Suttoin Pond Condominium serves our building Sutton pond has refused to properly construct sewer pump system and it has once again failed This issue effects our buildiong as the pump station was constructed against our building the system wet well is not being pumped out and it is effecting our property We are asking the Town to enforce the requirement of special permit,the DEP regulations,and building code. It is our understanding that these are to be enforced to protect the safety of the citizens of the town. Signed: Complaint Form-Revised 6.2007 x77 t;} e r:. +fir i, f:. a . . Board in that changes are called for in the type,location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. In an effort to expedite this matter, my recommendation would be for the individual(s) involved in the disagreement to submit a copy of the original decision,a plan including the modifications, and short explanation detailing the proposed scope of work. Upon receipt of all materials,I will make the determination whether the scope of work is materially different from the site plan approved by the Planning Board. If you have any questions or require additional information,please do not hesitate to contact me. Sincerely, Lincoln Daley i I I R, r h Town of North Andover Office of the Planning Department ° ''K . xi Community Development and Services Division ° 4 n.. 400 Osgood Street North Andover,Massachusetts 01845 gA`"uSt Town Planner ft://www.townofnorthandover.coni P (978)688-9535 t:Sateohi Daley F (978)688-9542 Gregory Smith, AIA GSD Associates, LLC 148 Main Street, Building A North Andover, MA 01845 June 23, 2005 Mr. Smith: I am of the understanding that you are currently having a disagreement on a legal settlement regarding the ability for one side to negotiate a change to complete a scope of work that deviates from the language and conditions stipulated in the Site Plan Special Permit issued in 1993. The purpose of this letter is to provide clarity in outlining the regulatory process involving site plan review. Below please find the relevant sections of the Bylaw pertaining to changes/modifications to an approved site plan. Town Bylaw Section 8.3(4) Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.3(8) - Revisions to Approved Site Plans. Town Bylaw Section 8.3(8)- Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review.No revisions shall be approved until the Town Planner receives three (3)copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs,storage or accessory buildings,provided that no Town Bylaws are violated by the change; ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �e ` �,,s.5, .es'', ;�.. 'dj` ��1 a. `.. ��eb::a. '��x ,ny", s ;:..�;�Y r='..� ,tp^^.w+'"a'a'°'"4a•. F 7i i _r n i ,h a .. .f"�A,•.. ., , t a .. s , �' f T F gg i7 y( r 5 �,, y, +T•T4 fy '�ik'z't'S 0.� .y -'^'tom R'{ r?{. 1 .r* Y YX•L.3 .rL wk s a Wv Ni' . T ^ t J May 12 06 01 : 53p United Comp Pump 603 552 5867 p , 1 United Compressor & Pump Services Inc. 13 Delaware Drive Unit V2 Salem, NH 03079 Tel: 978.685-0808 NH: 603-552-5885 Fax: 603-552-5867 www.bill@Lunitedadrn.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" dischar e: $13 9 00.00 ea. Plus shipping and Massachusetts state sales tax. Installation of pumps to include new 3" piping, check valves, removal and disposal of old equipment, testing and written reports on operation. $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 Includeg your electrician t0 wire in supply electrical. pp y e ect Kcal. 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 4, C.L'e- 12/29/18 SAT 21:44 FAX 001 GSD Associates • 148 Main Street, Building A,North Andover MA 01845 ► Tel: 978 688 5422 Fax:976 688 5717 Web:www.gsd-assoc.corn - Computer Aided Design•Architecture• Planning• Interiors • Development Consulting MEMORANDUM FAX NO. (978)688-95x2 -- DATE: 11-22-2004 TO: Michael McGuire COMPANY: Town of North Andover Building Department FROM: Gregory Smith,AIA PROJECT: 148 Main Street Building A PAGMENCta 2 including this cover Dear Mr.McGuire. This Morning I received a fax of a Flultdirtg permit for the removal of a 6x8 shed and reconstruction of the same footprint,for what 1 am assuming is the sewer pump house kKzted and directly attadted to the SMne Mill Building located at 148 Main Street, Building A. Please be advised that the Owner HAS NOT authorized the removal and construction of any work associated with our building or utilities serving the wilding. Nor have they aultwraed ft permit eppliewion. In fad the most recent submission of to plan for consbtrdior►has been rejected due to inadequate Information and non compliance with the building code. Furthermore we have not signed any application for a permit and any attempt to do so on our behalf constitutes fraud. This position was clearly stated to the adjaoent Condominium its well as a number of items which would be required for our approval, These included plans and spedfications of the work proposed. Details of the footings and foundations and the measures to be taken to sone the adjacent rubble stone foundatlon during excavation. None oif this information has been submitted to the owner for review and approval. Please be advised that this permit was applied for in a frauduleM manner and has not been approved by the Owner. Any work on this property prior to the Owners approval will be considered as hesspassing. Please call If you have any questions V8-NO-5422 x203 Greg Sincerely, GSD Associates Architect cc: Mark Sampson,esq. -Devine Millimet 6 Branch Linda VanDeVoorde Matt Dykeman-Eszex Management/Sutton Pond Condominiums r Anctover owe. O a � N O \ r C a ab �w°� � ' .A � - ver Maes• � BOARD OF USA= A d ,. pbaa/KLec� � m BULDM lff4K BCrOR C11FSI n f � I PERMIT T .p ' . HfNa.Nia - •wY MW N »..11, �p1d11m M CdtA �r�pea u Wa ,Ze "Axiom NOROM ���� ��,e 1Mpt A t� hump v fb Tam of NO Aide id virim%I a aft Vft FW PEUU E}C aw IN b MONTHS UM M COMM JC' ON ARTS e h N �! O R+eq*ed w W R oft k, a Co�lcu�ua P�cO on tha P�endsea — � � � 4or pryWd To Be Bonetom! proou+od by the MWO InSor• unto Ira= �• mar Na o � SEE REVERSE SEDE - N FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. ******APPLICANT FILLS OUT THIS SECTION*********************** rr i APPLICANT Gva,0? BlJ vd 1 U J 1 PHONEES 3 S- 770 3? LOCATION: Assessor's Map Number PARCEL `l SUBDIVISION LOT (S) STREET ly& M,9/y S7rie • ,N.9N1,bV6/2 A44 ST. NUMBER ********* OFFICIAL USE ONLY RECO DATIONS OF TOW_ AGENTS: CONSERVATION ADMINISTRAT DATE APPROVED / f� DATE REJECTED COMMENTS TOWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED SEPTIC INSPECTOR-HEALTH DATE APPROVED DATE REJECTED COMMENTS PUBLIC WORKS -SEWER/WATER CONNECTIONS DRIVEWAY PERMIT FIRE DEPARTMENT RECEIVED BY BUILDING INSPECTOR DATE Revised 9197 jm au TTON POND 14 BRADSTREET STEVENS COOLIDGE KITTRIDGE - _ + FOSTER 1 -- I A3EB0 / ? HT RESIDENTS•CLU9 • ` HEALTH A FITNESS —•,-' i � `fit:= 'FAlL9� OSGOOD _ ' _ - `� -o ABBOT Y _ IDQ ENTRY 050 . k CR 42 M 1 l L POND •,l. �1 �. y . :� _-__., i 40 �\ `J ... i �- •i '`�� tit J � ,,,� B&ARD OF�f�I�dG��i� License: CONSTRUCTION SUPERVISOR Number: CS 084795 Birthdate: 0511311967 Expires: 05/13/2007 Tr.no: 84795 Restricted: 00 EVANGELOS LIAPI$ r' / 36 CENTRAL RD#3 G- �0 SOMERVILLE, MA 02143 Administrator p, ✓ftC I/O�I7i/I)tOilt(l/P.(LGLfL O�!�'G(J.dQ(.7C,/IAIbE�6 Board of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR Registration: 138595 Expiration: 4/23/2005 Type: DBA EVANEGELOS LIAPIS/OLYMPIC EVANGELOS LIAPIS 515 LOWELL STR .� ,�,i PEABODY,MA 01960 Administrator P.i eNpao- ACORD. CERTIFICATE OF LIABILITY INSURANCE J. "4"c11R0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OX McCddty ins.Agry.lna ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1D Centennial Drlvo HOLDER THIS CERTIFICATE DOES NOT AMEND,OCTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Peabody ,MA 01960 978 532-5445 INSURERS AFFORDING COVERAGE NAIL R 111113=0 vmwRA: Conoxco insurance Agency Newton Property Services,LLC wwRan R The Travelers Insuranco Com an too Olympic Painting a Roofing W uAmc: Granito Stato insurance Cc 300 Andover Street,Sulto 391 aLa1ROR a Peabody ,MA 01950 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN isim TO THE INsum NAMED AOOve FOR THE POLICY PERIOD iNDICATEO.NoTWITMSTANowc ANY RQOWREMENT.TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMCnR WITH KGPCCTTO WHICH THIS CERTIFICATE WAY Be i=uw OR ANY PERTAIN,THE INSURANCE AFFORDED BY TME POLICIES OR11CRIlMD MERM 12 ZUtUCCT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS QF SUCH POLICES.AGGREGATE UNITS SHOWN MAY NAVE BEEN REDUCED BY PND CLAIMS. INM rfm ar v=xh icu Pal.=NUM OR ra CT rw�ticnvll b LIMITS A 0010 LLubluff NPPOS9939 0611TID4 06117/05 em"Occunnewr s 00,000 X COMMBRCIALQfiWW LLL1A011ITY " C0 S100,000 LZAIMo MAot g octxgt N!O dP An a11. .un 0,000 X 811P0_Ded:500 PE=r#L&AbVINJ1IRY _Z1,000,000 CENMIIA.AGONGOATC 3%,408,000 OONLAOOR6,OATr*,LIMmwPPUGDrLIt aAtabllcTs-cDkwiorwaa sl 000 000 7po=ma MLOC O AftOMML11UwMILI Y IB10484GAO37IND03 10hS103 10115104 COMpINCDau10UILINT R,,,,�,I„AI s5D0,000 ANI'AUTO ALL OWNED A OS � IN i�r i X SCMCDULCOAUTOS X MIitCO AMOS OOp4T uuURr X No"OWNeDAmos Irw.00lewq s IVRoP�!FM AMAGC i dMAIRI 1LIWWW AuratlrtlY.rwAeC1D'NT f ANY AUTO OTMlRTiNN CAACC i AUTOONLln w0a f MO SOA MOTO'"LIMLnT CACH OCCURRONCU L OCCUR C:1 C600CMADC wbaaaowTr L L DeDUCTINLC s hermoN f s C WORancompipm7mmmb WC43156M 04/01104 04/01105 vrcarATu- o 01P1°"E"LIANUT'' 1!.LIQ%04& DANT s500000 OW O ICC AOICL r.Lq 11LSC-rACMP1.DVrx sS00000 N """A"""idi l.L.olswe.oauauMrr s50D 000 Mat omcaar>oN or oraulroNer LocAnoNS IvaMN:Lw+tacaualowAoagoDreNoorodAu+rl svleaAT,raaaasoNs The coNficateholder Is listed as additional Insured with respect to liability arising out of the nomad Insured's operations performed on behalf of the ceitlficatehoidor. CERTIFICATE HOLDERS . CANCELLATION ONOULOANyOPTMCAOOYeD DOpr0Up11aaiGOICILL11011191001111!1M!OWMMON 017117WCRLOP.TNBDDpI CML#RAINMILLWD WUPITOMAL in OAVZWI USN NOM11T0 T"4CW rlrICAT11"%MT*A71q O Lerr,bUTPARURt TO00�OtlMALtIMPOOIiN000L10wTNN10RLiAMiUTT NTMCIN7u0CR7sAa1MON a� .Ntw i AImWNC/0I4V40WWA" ACORO 2512001108)1 of 2 1645480 LEG o ACORD CORPORATION 1088 d The Commonwealth of Massachusetts d Department of Industrial Accidents Office of Investigations t Boston, Mass. 02111 - Workers'Compensation Insurance Affidavit Name Please Print Name: Location: � city 71 I am a homeowner performing all work myself. phone # a1 am a sole proprietor and have no one working in any capacity F7 I am an employer providing workers'compensation for my employees working on this job. Com an name: Address City: Phone It Insurance Co. Policv# Company name: Address City: Phone# Insurance Co. Policv# Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of•a fine up to si,5oo.m and/or one years'imprisonment_as wel-as_civil.penaltiesin the tmnde-STOP]!VDRK ORDER..and_a.fine of.(;1110..OD)-allay agaimt-me. 1 understated that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certify under ins and aloes of perjury that the information provided above is true and correct Signature Date 1A / v`1 Print name C�cr,., �,a Phone# Official use only do not write in this area to be completed by city or town official' City or Town Permit/Licensi na El ❑Check if immediate response is required Building Dept ❑ Licensing Board Contact person: ❑ Selectman's Office Phone#. ❑ Health Department ❑ Other OR T ooAndover wn f No. 0 LA over, Mass., COCHICHEWIC Ij� of4#'ATED BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System THIS CERTIFIES THAT...460 .4.4 L I.. ............................ BUILDING INSPECTOR ........................ ..... ........................................... Foundation has permission to erect....;.?V0!010.qm6 ...... buildings on ....../.C ......t ..jS.....0 .................................................. Rough 4, '1& !:: 0 L 4o%4 Chimney to be occupied as... ...041.-WA C q#w AVS........tjr!"f....... .......i provided that the person accepting t6*p**e-r'm'...it...s'h"a*'ll in every respect conform to the terms..of..the application..on file in Final this office, and to the provisions of the Codes and By-Lps relating to the Inspection, Alteration and Construction of Buildings In the Town of North Andover. Jd PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS UNLESS CONSTRUCTION TARTS ELECTRICAL INSPECTOR Al 0e, Rough ..... Service ...... ... .. .. .. ........... BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE __Jj Smoke Det. �._ -r-----.-� �', ', i r i. k. '�: `� � 1 � ` � i f 1 r �. �� !t '�� } f ��. � t ; t.� �a r) � � r t ° � , r i '�;,� � II i �� � � � r� � � � � .l ��. r4 .. �. + I 3 d 05 02: 30p E p. 2 AMERICAN ARBITRATION ASSOCIATION Construction Arbitration Tribunal ' In the batter of the Arbitration between: Rc: I 1110 E 01040 05 Gregory Smith,Trustee of Stolle Mill Realty Trust "Clalmant" and Trustees,Sutton Pond Condo Trust "Respondents" AWARD OF ARBITRATOR 1, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreetnent entered into between the above-named parties and dated December 01, 2003, and having been duly sworn, and having duly heard the proofs and allegations of the Parties,do hereby,FIND,as follows: t. Claimant is found to have breached the Settlement Agreement entered by the Court in the case of"Gregory P. Smith and Linda M.Can de Vootd e,individually and as Trustees of tho Stone Mill Realty Trust v_Sutton fond Condominium Trust",Essex Superior Caun,Civil Action Number 99-01960. In specific,Claimant bas breached the Settlement Agr"ment by failing to allow Respondents to install a duplex sewer pump system With an alarm system along with the construction of a shed to house the same. The Arbitrator orders the purchase and installation of two(2)Goulds non-clog sewer ejector pumpsModel3883 BHF as detailed and specified in Respondents'Exhibit 29, installed in a"duplex"arrangement with aff-contra s,alarms,electrics,piping and valves as required,engineered and designed to discharge to the municipal system in accordance with the Town's requirements and good engineering practice. The installation and operation of the system shall be certified by a Licensed Professional Engineer, Commonwealth of Massachusetts. The Arbitrator orders Respondents to enter Claimant's facilities and make any necessary changes to Claimant's electrical system to provide the necessary power for the new duplex sewage pumps,controls and alarms. Any power curages trust be at the convenience of Claimant, The we well is to be in accordance with manufacturer's recommendation State Plumbing Code and Title 5 Rasulauons Ile Arbitrator has determined,based on testimony,documents,exhibits and site inspection that Claimant's , requested"grinder"pumps do not meet Claimant's concern for maintenance and operation. "Grinder"pumps,given the discharge piping co»fsguration,length,size and flow velocity could have . effluent"fall-out",causing packing of the partioulates in the discharge pipe,flow obstruction at bends,pipe redpcers/increasers and other general fittings. The non-clog pump(2"material discharge)would have a tendency to"move along",not packing within the system "Grinder pumps"have known significant maintenance costs related,particularly after the three-year Respondent's maintenance liability agreement, causing a significant burden on Claimant at a later date_ The Arbitrator finds that the pump shed,heated or otherwise,does not come under the Commonwealth of Massachusetts State Building Code 760 CMR and is ordered to be erected in compliance with all other requirctnent s of the Town of North Andover. 0— 4-I t (NSv kf{' The pump shed shall have,as a minima hea g of the access door,sufficient lighting for the pamp aintenance and,a minimum 20 old 20 ampower ventilation oA p outlet for maintenance use. 2. Respondents are found to have breached the Settlement Agreement,as described in item I. a minimal loadinghutloading arca which Claimant shall have the right to use and failed to Respondents provided am without obstruction of haffic flow,loading/unloading facilities,or fire lane interferencce. The Arbitrate parking rca observed that the closest surrounding parking areas are numbered and dedicated to the condominium residents. Page I of 2 Received Time Oct.19, 2:34pM S/E d SO$9 ON NVIZ 6 _SOO6 '6 1�0 is 05 02: 3op ENGINE p. 3 In the Matter of the Arbitration between Re: 11 11 Q E 01040 05 Gregory Smith,Trustee of Stone Mill Rcaity Trust "Claimant" and Trustees,Sutton Pond Condo TrMt "Respondents" AWARD OF ARBITRATOR The Arbitrator orders Respondents to create a parking slot within close proximity of designation 2 as shown on Exhibit C,for purpose of parking a service vehicle for access to the tear of Claimant's building. 3. The Arbitrator funds no breach of the Settlement Agreement,as described in item I in regards to trash siting and removal. The Settlement Agreement does not designate a permanent location fbr the trash container,but only designates an area for the short-term conctructiai project. The Arbitrator orders Claimant to place the trash containers at his desired location without obstrucdon to the ingress of Respondents'property. All conditions regarding this issue in the Settlement Agreement remain in full effect 4. As testified to,Claimani has failed ort,at least one occurrence to adjust the lighting as required in paragraph 5 of the Settlement Agreement. The Arbitrator orders Claimant to provide due diligence in maintaining the operation time clock,specifically when there is a power outage and daylight savings time adjustments. The Arbitrator reiterates the findings of the Court in regards to the"Settlement Agreement", civil action number 99-01960 and Claimant and.Respondents to cooperate jointly,allow access Claimant's leased property in order for Respondents to effectuate the terms of this Order. All legal fees shall be the burden of the respective clietlts. The administrative fees of the American Arbitration Association totaling 52,100,00 and the eompcnsadon and expenses of the arbitrator totaling$842.12 shall be borne by the parties equally. This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All claims not expressly granted herein are hereby,denied. Date Mr. chard A.Volkin 1,Mr.Richard A.Volkin,do hereby aft-ir n upon my oath as Arbitrator that I am the individual described in and who executed this itrstrunlent,which is my Award. 1Y�vsAdze - /?z Richard A.Volkin Pago 2 of 2 Received Time Oct- 18, 2:34PM WdlZ:6 _SOH '61 130 FROM :SBB Enterprises LP. FRX NO. :603 434 9516 Oct. 19 2003 10:38RM P1 S&B ENTERPRISES,LP 9 ADAMS POND ROAD DERRY,NH 03038 603 434-9516 FAX 4349516 DATE:October 19,2006 TO: GSD Associates,LLC PROJECT:Sewer Repair work 148 Main Street, as per dwgs by GSD dated 7/25/06 N.Andover,Ma.01845 TERMS: 1/3 initially 1/3 after installation of pump tank Balance upon completion We propose to furnish labor,equipment,and materials to do the following: 1. To excavate pump tank bole and build building foundations as per drawings in location to be designated by architect. 2. install the pump tanks with antiflotation collar encased in concrete 3. Backfill with stone and pour the floor slab 4. .Erect the building,insulate and side as per drawings.Building to be warranted for 3 years for defects in workmanship and materials. 5. Install sewage ejection pumps as per specifications.Pumps to be warranted by the manufacturer for 5 years. 6. Pump piping and electrical to be completed 7. pump discharge pipe to be connected to pipe supplying discharge junction box. 8. Existing building to be demolished and removed from site All the above for the sum of$28,960 Liability Insurance is included Massachusetts License#055575,Registration 9123946 Terms of payment:Terms are as stated in this proposal-Should the Buyer fail to pay as agreed then the Seller may suspend work,without prejudice to any claims for damage Seller may be entitled to make until satisfactory terms,conditions,or security is received by the seller.Failure to pay as agreed constitutes a breach of contract,and the Seller reserves all legal remedies against the Buyer for monies due including recovery of legal fees and court costs.Unresolvable differences will be arbitrated by a private arbitration service whose decision will be binding on all parties. PLEASE SIGN AND RETURN ONE COPY This proposal when signed by the Seller and the Buyer constitutes a binding contract.You,the Buyer,may cancel this contract any time prior to midnight of the third business day after the date of this contract. This proposal remains valid for acceptance within 30 days unless otherwise noted. ACCEPTED Y BY DATE u ENTERPtiI(S 10/19/2006 THU 09:46 [TX/RX NO 6.316] laooi FROM :S&B Enterprises LP. FAX N0. :603 434 9516 Oct. 19 2003 10:38RM P2 S&B ENTERPRISES,LP 9 ADAMS POND ROAD, DERRY,NH 03038 603 434-9516 FAX 434-9516 Proposal October 19,2006 TO: GSD Associates,ILC 148 Main Street, N.Andover,Ma. 01845 RE. Sewer repair work as per GSD drawings dated 7/25/06 The pump installer will inspect the pumps three times a year and make adjustments as necessary for a period of three years.This agreement will be at$600 per year. If this proposal is acceptable a more formal and detailed contract will be presented for your approval. Yours truly, 10/19/2006 TNU 09:46 [TX/RX NO 6316) 0 002 1 DEVIN ILLIMET ATTORNEYS AT LAW December 9, 2004 MARK J.SAMPSON MSAMPSON n DEVINEMILLIMET.COM VIA FACSIMILE 978-251-3608 AND FIRST CLASS MAIL Charles A. Perkins, Jr., Esq. Perkins & Anctil, P.C. 73 Princeton Street, Suite 306 North Chelmsford, MA 01862 Re: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Attorney Perkins: This is to acknowledge receipt of your facsimile dated December 7, 2004 in the above-captioned matter. Please be advised that my client certainly wants the work completed as set forth under the terms of the parties' Settlement Agreement. However, it is absolutely necessary that the work be performed in a competent manner and in compliance with all applicable regulations. Please consider the following as a response to your correspondence dated November 19, 2004 and December 7, 2004: 1. Trash — In your November correspondence, you attempted to insert requirements that were not contained in the parties' agreement. As you know, my client agreed to remove his own trash to the existing dumpster located in the visitor parking area, and to pay for the removal of two yards of trash per week, which is significantly more than he generates. Sutton Pond thereafter requested that it be permitted to pick up my client's trash for a period of one (1) month to verify this quantity and then my client would be tasked with removing it from then on. Despite the fact that my client notified Sutton Pond's manager that trash needed to be picked up, he failed to do so, and as a result, my client is now placing the trash in the existing dumpster per the agreement. My (13041\59266W0081743.1) DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & BRANCH PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMILLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 NORTH HAMPTON, NH Charles A. Perkins,Jr.,Esq. December 9, 2004 Page 2 client also requests that Sutton Pond remove the two (2) green trash barrels that were placed there several weeks ago. 2. Parking — Contrary to your claim in the November correspondence, all parking areas have not been designated. Specifically, the agreement required a single parking space at the location which is now numbered 075 adjacent to the access way to the rear of Building A. This sign has not been provided. 3. Sewer Pump System and Shed Construction — As stated above, my client has no desire to delay or prevent this work from being done. However, he does demand that the work be done properly. Significantly, construction cannot begin until my client's engineer has approved the plans and specifications. To date, no such plans or specifications have been provided. In fact, the letter from Norfolk Ram Group confirms the fact that the previous scope of work was not adequate. Simply put, the current scope of work is not acceptable to my client as it is not in conformance with code. More importantly, the Gould's pump model no. WS2012BHF does not appear to be a grinder pump as was agreed upon. No mention of this missing specification item is made in the letter from Norfolk Ram Group. The letter provided by my client's engineer listed a Zoeller Pump that met the specifications for head and flow as well as a grinder. Furthermore, the pump house needs to be heated and will also need to meet the requirements of the building code. This includes an insulation foundation and slab, an interior finish on the insulated walls and roof structure. Height of the interior space needs to meet code, and specifications of the material to be used needs to be made as well as plants indicating the relationship of the new pump shed to the existing granite stone needs to be indicated. The existing foundation is a loose slade rubble stone foundation, construction adjacent to this foundation needs to be considered and engineered to eliminate settling and possible collapse of the stone building. Detail of the flashing of the roof against the granite stone needs to be shown. Materials to match the existing building, not vinyl siding. Details and specifications of the duplex control and alarm systems floats location and sequencing, wiring configuration, and power requirements for the pumps, and available power at the pump house. The information regarding the replacement of pipes needs to be shown on a plan. Burial depth, size of pipes, valves, venting, should be shown. Calculations of the sump pit size for storage volume and discharge need to be made. {13041\59266\A0081743.1} Charles A. Perkins,Jr., Esq. December 9, 2004 Page 3 In conclusion, my client has in no way prevented Sutton Pond from completing its work under the Settlement Agreement. The fact that your client has repeatedly attempted to circumvent the requirements of the agreement has caused the delays. Please have your client send the plans and specifications as soon as possible. I look forward to your prompt response. Very truly yours, Mark J. Sampson MJS:tIm cc: Gregory P. Smith (13041\59266W081743.1} COMINIONNVEALTI-I OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL NO. 99-01960 GREGORY 1'. SMITH & others' SUTTON POND CONDOMINIUM TRUST RULINGS AND ORDER ON MOTION TO ENFORCE SETTI_ENIENT AGREEMENT The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Esquire, submitted to the Court on July 12, 2004 in comlection w'Ith this matter. It is hereby ORDERED that w'ith respect to section 2(d), access to Building A shall be rcasonahle. Neither party to the Settlement Agreement shall attempt to use this Agreement to impede or enlarge reasonable access to Building A. Patrick J.J.Ri Riley Justice of the Superior Court DATED: August 4, 2004 ' Linda M. Van De Coorde, Individually and as Trustee of the Stone Mill Realty Trust. C' -nmonwealth of Massachuse' County of Essex The Superior Court CIVIL DOCKET#: ESCV1999-01960-B RE: Vandevoore/Indv'ly et al v Sutton Pond Condo Trust T0: Charles A Perkins Jr, Esquire Perkins & Associates (Charles A) 73 Princeton Street Suite 306 N Chelmsford, MA 01863-1558 NOTICE OF DOCKET ENTRY You are hereby notified that on 08/04/2004 the following entry was made on the above referenced docket: RULINGS AND ORDER on Motion to Enforce Setttlement Agreement. The parties have reached an enforceable settlement agreement. That agreement is embodied in a document entitled "Settlement Agreement" and attached as Exhibit H to the affidavit of Charles A. Perkins, Jr., Edquire, submitted to the Court on July 12, 2004 in connection with this matter. It is hereby ORDERED that with respect to section 2(d), access to Building A shall be reasonable. Neither party to the Settlement Agreement shall attempt to use this Agreement to impede or enlarge reasonable access to Building A. Patrick J. Riley, (Justice) Copies of Ruling and Order, mailed on 8/4/2004 Dated at Salem, Massachusetts this 4th day of August, 2004. Thomas H. Driscoll Jr., Clerk of the Courts BY: JoDee Doyle - Sheila Gaudette Assistant Clerk Telephone: (978) 462-4474 cvdgeneric_2 wpd 490525 order h,nchion PERKINS & ANCTIL, P.C. ATTORNEYS AT LAW 73 PRINCETON STREET,SUITE 306 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,JR.* OF COUNSEL ROBERT W.ANCTIL* ROSEMARY A.MACERO* GARY M.DADDARIO ANITA L.CHMILARSKI DIRECTOR OF OPERATIONS *ALSO ADMITTED IN NH December 9, 2004 Town of North Andover Building Department ATTN: Mr. Michael McGuire I 27 Charles Street North Andover, MA 01845 RE: Gregory P. Smith and Linda M. VanDeVoorde, Individually and as Trustees of the Stone Mill Realty Trust v. Sutton Pond Condominium Trust Civil Action No.: 99-01960 Dear Mr. McGuire: ;< i This correspondence will serve as a follow-up to our December 7, 2004 whereby we enclosed a copy of the Settlement Agreement regarding the above matter. Please be advised that we inadvertently enclosed the incorrect version of the Settlement Agreement. Therefore, enclosedlease find the correct version as well as Exhibit C describing the p g construction of the shed. I apologize for any inconvenience this may have caused. Should you have any questions, please do not hesitate to contact me. I Very trul Yours, C e Perkins, Jr. CAP/sma Enclosures cc: Trustees, Sutton Pond Condominium Mark J. Sampson,Esquire 1 SETTLEMENT AGREEMENT This Settlement Agreement(the"Agreement")is entered into this day of December, 2003,by and between the undersigned Board of Trustees(the"Board"and/or the"Trustees")of the Sutton Pond Condominium Trust,a condominium created pursuant to a Master Deed,Declaration of Trust recorded with the Essex North Registry of Deeds at Book 3840,Page 37 and Book 3840,Page 84, respectively, said Trustees being the duly authorized representatives of the Sutton Pond Condominium Trust(the"Trust"),the organization of unit owners of the Sutton Pond Condominium (the "Condominium") established pursuant to M.G.L. c. 183A, on behalf of the Trustees and the Trust, as well as their successor-Trustees and all of the Trust's agents, servants, employees, and representatives, and Gregory P. Smith and Linda M. Vandevoorde,Individually and as Trustees of the Stone Mill Realty Trust,with a principal place of business located at 148 Main Street,Building A,North Andover, Essex County, Commonwealth of Massachusetts, as well as any and all of the j Trust's agents,servants,employees,officers,directors,members,attorneys,representatives,trustees, beneficiaries,partners,shareholders,affiliated entities and representatives,(hereinafter collectively referred to as the "Stone Mill Realty Trust"). WHEREAS, Stone Mill Realty Trust brought a Declaratory Judgment Action, Docket No. 99-01960 against the Trustees involving rights associated with Building A, as set forth herein and below; and WHEREAS, the Defendant in said action was the Sutton Pond Condominium Trust; and WHEREAS,initially,the entire property which includes Building A and the Condominium Trust was owned by Elm Mill Realty Trust which was established by a Declaration of Trust recorded in the Essex North Registry of Deeds at Book 3675, Page 247; and WHEREAS,Elm Mill Realty Trust purchased this property from URDAC,Inc.by way of a deed recorded on March 11, 1992 in the Essex North Registry of Deeds at Book 3675,Page 255;and WHEREAS,URDAC, Inc. attempted to develop the property and secured a Decision from the Town of North Andover, Massachusetts dated December 22, 1992 and recorded in the Essex North Registry of Deeds at Book 3675, Page 220; and WHEREAS, Elm Mill Realty Trust II was established by way of a Declaration of Trust recorded in the Essex North Registry of Deeds at Book 3840, Page 233; and WHEREAS, a Notice of Lease from the Trustees of the Elm Mill Realty Trust to Elm Mill Realty Trust II regarding Building A was recorded in the Essex North Registry of Deeds at Book 3840,Page 33; and {13041\59266\A0058790.1) 1 WHEREAS, immediately after the recording this Notice of Lease,Elm Mill Realty Trust I created the Sutton Pond Condominium Trust by way of a Master Deed and Declaration of Trust recorded in the Essex North Registry of Deeds at Book 3840, Page 37 and Book 3840, Page 84, respectively; and WHEREAS,Elm Mill Realty Trust Il conveyed the rights associated with Building A by way of a Bill of Sale and Assignment recorded in the Essex North Registry of Deeds at Book 5093,Page 234 and Book 5104, Page 213, respectively to George B. Stern; and WHEREAS, on June 30, 1998, Gregory P. Smith purchased the property from George B. Stern; and WHEREAS,title to the property was taken by Gregory P. Smith and Linda M.Vandevoorde by way of an Assignment and Bili of Sale recorded in the Essex North Registry of Deeds at Book 5104, Page 214 and Book 5104, Page 215, respectively; and WHEREAS, a Declaration of Trust establishing the Stone Mill Realty Trust by Gregory P. Smith and Linda M.Vandevoorde as Trustees was recorded in the Essex North Registry of Deeds at Book 5384, Page 321; and WHEREAS,an Assignment of Lease from Elm Mill Realty Trust to Stone Mill Realty Trust of any interest associated with Building A was recorded in the Essex North Registry of Deeds at Book 5384,Page 327; and WHEREAS, an Assumption of Lease by Stone Mill Realty Trust of any rights associated with Building A was recorded in the Essex North Registry of Deeds at Book 5384, Page 329; and WHEREAS,the entire Ground Lease between Elm Mill Realty Trust and Elm Mill Realty Trust Il, dated September 15, 1993, was never recorded with the Registry of Deeds (although the Notice of Lease was recorded at Book 3840,Page 33); and WHEREAS,a dispute has arisen regarding various rights associated with the use of Building A,the Ground Lease and the right to use common areas in the Sutton Pond Condominium.Trust;and WHEREAS, Stone Mill Realty Trust, in its Declaratory Judgment, has requested relief by way of seven Counts against the Trustees; and WHEREAS,these Counts include Count 1,Declaratory Judgment regarding parking spaces; Count 1I, Declaratory Judgment regarding trash removal; Count I11, Declaratory Judgment with respect to maintenance of right of way; Count IV, Declaratory Judgment with respect to vehicular access to rear of building;Count V,a count in equity for failure to demolish old sewer pump station and install pump to courtyard lift station; Count VI, negligence; and Count VII, Chapter 93A; and {13041\59266W0058790.1} 2 WHEREAS, the Trustees have filed an Answer and Counterclaim and a Request for Declaratory Judgment; and WHEREAS, Stone Mill Realty Trust has maintained that rights exists as to the property as a result of the Ground Lease; and WHEREAS,the Trustees have maintained that first Stone Mill Realty Trust has no rights in the common areas of the property, both under the law and/or under the Ground Lease; and WHEREAS,the parties desire to resolve this matter and forego the expenses of any further litigation. NOW THEREFORE, in consideration of the foregoing and for other good and valid consideration,the parties agree as follows: The following terms and conditions will be binding upon all parties,their heirs and assigns regarding the specific issues set forth hereunder: 1. Sewer: The Trust shall cause to be installed a duplex pump with an alarm system,as set forth in Exhibit "A" hereto, subject to Stone Mill Realty Trust's review and approval prior to installation,to the current sewer facilities which are adjoining Building A within thirty(30)days of the execution of this Agreement,weather permitting. The Trust further agrees that the new duplex pump system will be installed to meet all codes and that an engineer will certify same. The Trust will enter a maintenance contract with United Compressor and Pump Technology as of the date of the execution of this Settlement Agreement, a copy of which is attached hereto and incorporated herewith and identified respectfully as Exhibit`B"and shall maintain this contract and pay for the same for a period of three(3)years from the date the new duplex pump system has been certified as meeting all codes. During the three (3) year period, the Trust shall be responsible for the maintenance, repair and if necessary,replacement of any pumps and/or alarm systems related to the same. This shall not include components and pipes outside the pump system which exclusively serve Building A except as set forth below. Stone Mill Realty Trust agrees that the pump and alarm system and all components thereto shall not be used in a manner contrary or inconsistent with any applicable statute,rule or regulation of the Department of Protection("DEP") or the North Andover Board of Health and that any such use would hereby be prohibited. At the end of the three (3) year period, the Trust shall transfer, to the extent necessary,the pumps and alarm system to the Stone Mill Realty Trust in a good and workmanlike manner as certified by United Compressor Pump and Technology. Thereafter,Stone Mill Realty Trust shall be responsible for the maintenance, repair and replacement of the same and all components thereto. 11304 1\59266\A0058790.1) 3 I The Trust shall design and construct a new shed to house the pump system, as set forth in Exhibit "C" attached hereto and incorporated herewith. This shall be completed within thirty (30) days of the execution of this Agreement, weather permitting. The Trust shall have the right to obtain the necessary permits establishing the lawful use of the system. However, the Trust shall not be obligated to apply for any said permits, with the exception for work that is required to be completed hereunder. The Trust agrees to indemnify and hold Stone Mill Realty Trust harmless to the extent any actions are brought against Stone Mill Realty Trust by any State,Federal,and/or municipal agency requiring that said permits be obtained. In the event that said action is brought against Stone Mill Realty Trust, the Trust agrees to assume responsibility to obtain the necessary hermits and/or defend any action regarding the same. This shall be the total and full responsibility the Trust has to Stone Mill Realty Trust regarding this issue with the exception that the Trust and Stone Mill Realty Trust shall each be responsible for fifty percent(50%)of the total costs of the replacement of any sewer pipes from the sewer pump station which serves Building A to the Town Sewer. In the event any work is required in regards to the same,the parties agree to employ a mutually acceptable contractor to perform any said work and shall work with each other in a reasonable fashion to agree upon said contractor and the scope of any said work. Notwithstanding the above,the Trust shall not have any responsibility or obligations under this Paragraph for matters resulting from negligence on the part of Stone Mill Realty Trust, their agents, servants, employees and/or tenants. Included in this is the Stone Mill Realty Trust's obligation to notify the Trust of any maintenance, repair and replacement issues in a timely and reasonable manner. 2. Parking: (a) The Trust will provide Stone Mill Realty Trust the exclusive use to use the ten(10) visitor parking spaces located behind the Granite Building,Phase VIII,all as set forth in Exhibit"D", attached hereto and incorporated herewith(the"Visitor Parking Spaces). The Trust shall place signs indicating this exclusive use. The exclusive use hours shall be Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. Said signs shall be placed on the site,weather permitting,within thirty (30) days from the date of this Agreement. Said signs are described and set forth in Exhibit "E" attached hereto. (b) The parties acknowledge that the area located to the west of Building A and lying on the same side of the roadway as Building A has been and shall continue to be appurtenant parking area for Building A(the"Building A Parking Spaces"). The Trust has removed the parking space stripes outside Building A and agrees that said area comprising the Building A Parking Spaces which is shown in Exhibit"F" shall be for the exclusive use of Building A. {13041\59266\A0058790.1} 4 (c) The Trust has established a parking and loading/unloading area which Stone Mill Realty Trust shall have the right to use. This area is designated on Exhibit"G"attached hereto and incorporated herewith. (d) In regard to vehicular access to the rear of Building A,the Trust agrees to remove the grass and flowers from the right side of the archway as the same looks from Sutton Pond to the leased Building (i.e.,the northerly side of the archway)and replace the same with compacted stone. There shall be two (2)types of access granted hereunder. First,the Trust acknowledges that Stone Mill Realty Trust shall be allowed access,as defined hereunder, through the archway to the rear of Building A by way of foot,hand cart,etc.while using the area granted by the Trust for parking as set forth in Paragraph(c) hereunder. Second, the Trust acknowledges that Stone Mill Realty Trust shall be allowed vehicular limited access through the archway to the rear of Building A for delivery of furniture,equipment or construction materials,where access to Building A is prohibited through the front of said Building. This access shall also include use during emergencies. An emergency shall be defined as a sudden, unexpected happening; an unforeseen occurrence or condition; and/or an event or events of unforeseen combination of circumstances that call for immediate action without time for full deliberation. Emergencies shall be limited to those which threaten the health and safety of the occupants of Building A or the surrounding Trust. It shall also include items which threaten the structure and/or structural consistency and components of Building A. All access contemplated hereunder will be limited from 9:00 a.m.through 5:30 p.m.,Monday through Friday with the exception of emergencies. Where access is by vehicle, said access shall only be for a vehicle which is no more than the width of the area that would exist thereto (75 +/- inches) and Stone Mill Realty Trust shall be required to take such actions to make sure that the rights of pedestrians are respected and not impeded. The access would be limited from the time of 9:00 a.m. through 5:30 p.m. Monday through Friday with an exception for emergencies. The Trust shall maintain the lower bridge in its current condition,capacity and width. Stone Mill Realty Trust and its tenants shall have reasonable access by foot to the rear of Building A. The parties agree that they shall mutually cooperate shall access to the rear be sought vis-a-vis a vehicle. This shall include the property manager for the Board assisting Stone Mill Realty Trust in accessing the rear with said vehicle. Stone Mill Realty Trust further agrees to cooperate with the property manager and/or the Board's designee in the use contemplated hereunder. Notwithstanding any provision in this Agreement,the Trust shall not hold Stone Mill Realty Trust liable for such incidental damage caused to the flower bed and/or sprinkler system where the sidewalk turns towards the bridge in the common areas of the Condominium. (e) Stone Mill Realty Trust,its agents,servants and/or employees shall be liable for any damages caused as a result of this use and shall indemnify the Trust, as set forth herein. (f) The Trust agrees to remove the planter which is currently at the property and utilize a {13041\59266\A0058790.1} 5 I w granite post'with a chain to limit access to the rear to be placed at the front of the archway in a manner which would not impede Stone Mill Realty Trust's access to the rear, based on all the provisions set forth herein. The Trust will provide to Stone Mill Realty Trust with a key for access thereto. Stone Mill Realty Trust will be required to relock the chain upon his ingress and egress to the rear of the property. Granite posts shall be set at a minimum clearance of twelve(12)feet apart. 3. Dumpster: The Trust will be responsible for the collection of Stone Mill Realty Trust's common everyday trash (no hazardous materials). Stone Mill Realty Trust shall pay on the first day of each month the equivalent of two (2) yards of trash. During the first four(4)months of this Agreement,the Trust will be responsible for the collection of Stone Mill Realty Trust's common everyday trash in order to confirm the amount. If the amount is in excess of two (2)yards, Stone Mill Realty Trust agrees to be responsible for any amount over and above said costs. Thereafter, Stone Mill Realty Trust shall be responsible for disposing of its own trash. Trash shall be placed in appropriate disposable bags and shall not contain any hazardous materials. In addition, the Trust agrees to allow Stone Mill Realty Trust to place a dumpster for short term construction projects in the parking areas set forth in Paragraph 2(b) above. This placement must still allow ingress to the Trust property and Stone Mill Realty Trust will be responsible for ay damage to persons or property caused by the same. For any professional work contracted, said contractor shall be responsible for the removal of any and all debris from the site at the cost of said contractor. 4. Trimming: The Trust shall allow Stone Mill Realty Trust to trim the trees which overhang Building A,so long as the same is done in an environmentally sound manner pursuant to a mutually agreed upon plan,and Stone Mill Realty Trust agrees to remove the cut branches,etc.from the Trust property. The Trust shall stipulate that the following is currently acceptable: (a) Stone Mill Realty Trust will trim the two(2)cherry trees and maintain the planter in front of the buildings; (b) Stone Mill Realty Trust will be able to trim any branch that is overhanging Building A at a location on the tree that is in keeping with generally accepted pruning techniques and as recommended by the company pruning the trees; and (c) No other trees will be damaged or removed. 5. Rear Sports Court Area: The Trust will allow Stone Mill Realty Trust and its tenants the use of the common areas which adjoin Building A, provided the same are used in accordance with the Rules and Regulations of the Trust,are cleaned up appropriately after use,and are not in any {13041\59266W058790.1} 6 way destroyed by the tenants. Further,said use by the tenants shall be in conjunction with the use of the same by the residents of the Condominium Trust. In exchange for this use, Stone Mill Realty Trust agrees to maintain the large flood light currently existing on Building A,as well as to pay for all electricity for the same. This flood light must be operated from dusk until no longer than 9:00 p.m. on a daily basis. The Trust will provide two (2) picnic tables for common use. Stone Mill Realty Trust agrees to hold the Trust harmless for any such use of the Rear Courtyard. 6. Snow Removal: The Trust agrees to remove the snow from the road and the ten(10) Visitor Parking Spaces and to maintain,repair and replace said roadway,hereby confirming the grant of an easement to Stone Mill Realty Trust to use the same. Stone Mill Realty Trust agrees to shovel the sidewalks at Building A and the Building A Parking Area and agrees to remove all vehicles from the Visitor Parking Spaces in accordance with any outstanding snow removal policies of the Trust. 7. Si ns: The Trust hereby stipulates that the signage at the front of Building A as it � Y P g g g currently exists as a 3'8" by 7'4" sign is to be used exclusively by Stone Mill Realty Trust in accordance with any and all Town requirements and Stone Mill Realty Trust may repair,maintain, replace said 3'8" and 7'4" signs as allowed by Town regulations. I 8. Outside Structures,Facilities and Equipment: The Trust hereby acknowledges Stone Mill Realty Trust's rights to employ outside temporary structures,facilities and equipment to provide support to Building A. The Trust must be provided prior notice. Said notice shall include the length of time said structure will remain on the premises. The parties agree to mutually indemnify each other regarding the provisions hereunder. 9. Payment of Funds: The Trust shall pay to Stone Mill Realty Trust upon the execution of this Agreement,the sum of Ten Thousand and 00/100 Dollars ($10,000.00). 10. Miscellaneous Terms: (a) Stone Mill Realty Trust agrees that Stone Mill Realty Trust and/or its guests and invitees shall be bound by the Rules and Regulations of the Trust regarding parking, snow plowing and use of the common areas as they may be amended, a current copy of which are attached hereto and incorporated herewith and identified respectively as Exhibit "H". (b) Stone Mill Realty Trust agrees to undertake and be responsible for all areas of Building A,both structural and otherwise,including the maintenance,repair and replacement of any items within said Building and all utilities regarding the same. (c) Insurance: The Trust agrees to maintain a general comprehensive insurance policy in compliance with the Condominium documents at the Association. Stone Mill Realty Trust agrees to maintain insurance as set forth in its current Certificate of Insurance attached hereto as Exhibit"I". (d) The parties agree that the Trust shall stand in the position as the Lessor and have all the rights,obligations and protections of the Lessor as set forth in the Ground Lease for Building A, {13041\59266\A0058790.1} 7 a copy of which is attached hereto and incorporated herewith and identified as Exhibit"J",except as modified by this Agreement. The Trust hereby acknowledges and accepts the terms and conditions of the Ground Lease. 11. Simultaneously with the execution of this Settlement Agreement and all other attachments hereto,the Trust will execute the Release of Claims,in favor of Stone Mill Realty Trust, attached hereto as Exhibit"K". Said Release will be deemed to take effect in accordance with the provisions of Paragraph of this Agreement. 12. Simultaneously with the execution of this Settlement Agreement and all other attachments hereto, the Stone Mill Realty Trust will execute the Release of Claims in favor of the Trust,attached hereto as Exhibit"L". Said Release will be deemed to take effect in accordance with the provisions of Paragraph of this Agreement. 13. Simultaneously with the execution of this Agreement and all other attachments hereto, the parties will execute the Stipulation of Dismissal with Prejudice and Without Costs, attached hereto as Exhibit"M". Said Stipulation of Dismissal will be filed in accordance with the provisions of Paragraph of this Agreement. 14. As set forth in this Agreement,if any party shall default in any of its obligations under this Settlement Agreement, such party shall be liable in addition to all amounts set forth hereunder for all reasonable expenses incurred by the non-defaulting party as a consequence of such default including, but not limited to, the costs to cure said default, arbitration costs, as well as any other costs and fees set forth hereunder. 15. The parties agree to indemnify and hold each other harmless from any and all work contemplated hereunder and any and all damages relative to the same as well as to each party's respective obligations under this Agreement. Further, Stone Mill Realty Trust agrees to indemnify and hold harmless the Trust,its agents, servants and/or employees from the use of common areas as well as ingress and egress from Building A to the common areas of the Trust. 16. Each party, as stated above, shall at all times be obligated to comply with the terms and conditions of this Agreement. Notwithstanding this, the defaulting party shall reimburse and repay the non-defaulting party,their agents,servants and/or employees,all expenses and other sums incurred by the non-defaulting party and/or their agents, servants and/or employees for the enforcement of this Agreement, the collection of any monies due hereunder, and the curing of any default and/or breach of this Agreement, along with the costs associated thereto, including reasonable attorney's fees and costs. Each party, at their discretion, may but are not obligated to, cure any defaults and the costs thereof including reasonable attorney's fees and shall be reimbursed to said non-defaulting party by said defaulting party within ten (10) days of the defaulting party's receipt of notice of any such expenditure, provided, however, that prior to making any such expenditure or taking any said action to cure said default,the non-defaulting party shall first give to the defaulting party,notice of such default and afford the defaulting party seventy-two(72)hours or such shorter time as is mandated by the default, to enable the defaulting party to first remove the (1304 1\59266W058790.1) 8 A _ default under this Agreement. 17. The failure of any party to perform its obligations as set forth in this Agreement shall be a default of the same and subject the defaulting party to the enforcement provisions of this Agreement. All remedies,wherever they may appear including,but not limited to,those set forth in this Agreement, those that may exist in the Condominium documents and rules and regulations as well as those set forth in law are accumulative. 18. This Settlement Agreement and all attachments hereto will be executed in triplicate original by the parties,so that each parry will have a full set of signed instruments and an additional set of signed instruments will be available for filing with the Court,or recording with the Registry,as the case may be. Upon execution by both parties of this Settlement Agreement and all attachments hereto,the parties agree that the following acts will be undertaken: (1)the originals of the executed settlement documents will be distributed so that counsel for each parry has a full set, to be held in escrow and distributed from escrow to each such counsel's client in accordance with the following: (2) an original of Stipulation of Dismissal will be filed with the Essex Superior Court action, whereupon the originals thereof may be released from escrow by counsel for the respective parties; (3)upon docketing of the Stipulation of Dismissal in the Superior Court,the Releases of Claims may be released from escrow by counsel for the respective parties. 19. The parties agree that Stone Mill Realty Trust shall withdraw its appeal to the North Andover Zoning Board of Appeals pending the Trust's compliance with Paragraph 1 of this Agreement. 20. Each parry represents and warrants to the other party that all consents, approvals, and/or votes required for this Settlement Agreement and to execute this Settlement Agreement (including all attachments hereto) have been obtained by each such party; that the undersigned Trustees of each party are duly authorized and empowered to execute and perform this Settlement Agreement and the attachments hereto; and that the other parry may rely upon the execution of this Settlement Agreement as binding the parry so signing. 21. Any dispute that remains unresolved under this Agreement shall be referred to and resolved by binding arbitration before the American Arbitration Association or other mutually agreeable tribunal. {13041\59266W0058790.1} 9 EXECUTED as a sealed instrument on the date and year first above written. BOARD OF TRUSTEES GREGORY P. SMITH, Individually and SUTTON POND CONDOMINIUM TRUST, as Trustee of the Stone Mill Realty Trust By: LINDA VANDEVOORE, Individually and as Trustee of the Stone Mill Realty Trust By: 1 13041\59266W0058790.1} 10 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. 20 On this day of , 2004, before me, the undersigned notary public, personally appeared the above named , and ,proved to me through satisfactory evidence of identification, which was , to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as the duly authorized Board of Trustees of the Sutton Pond Condominium Trust. Official signature and seal of notary My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 20 On this day of , 2004, before me, the undersigned notary public, personally appeared the above named Gregory Smith,proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to be that he signed it voluntarily for its stated purpose as a Trustee of the Stone Mill Realty Trust. Official signature and seal of notary My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. , 20 On this day of 2004, before me, the undersigned notary public, personally appeared the above named Linda Vandevoorde, proved to me through satisfactory evidence of identification,which was ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose as a Trustee of the Stone Mill Realty Trust. Official signature and seal of notary My Commission Expires: 11 {13041\59266\A0058790.1} j AUG-30-2000(MON) 16: 55 Oaue R (FAX)9785352008 b. EXFtiBtT a nCn I OLYMPIC Painting&Rooting office 978-SiS4943 W LoMd1 Street—PCAN@y.MA 01960 f &Rile 97 53S-2008 Matt Dykeman Essar Manasment P.O.Dox 2098 Haverhill,MA 01331 978.469-1232 978-687-8640 fAx August 30,2004 Property Location: Sutton Pond Smith Pump House Station Dcar Matt; The following estimate for the building of a shed at the above location. The following details describe the work that will be performed eedur. • We wM be building a 6'x8'shed • Wood at base will be pressure treated • Walls will be approximately 2'w • We wI1l be using OSB sheathing install vinyl siding on outside of shed • Install GAF 3-TAB shingles on roof COLOR: • The floor is not included • Remove all of debris Cost for Labor&Materod: Payment Term= SO%deposlt,and SON due upon completion. Warranty: Olympic Painting& Roofing Company Inc. guarantees all work perforated for a period of one year. Many problems occur we will cover the cost of all labor and material to correct the problem and meet the customer' s satisfactivrt. David Ranson Project Manager Matt Dj,Q;co LMCS,Inc,d/b/a Olympic Proms,Mnn%lcr i TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR,RENOVATE,GRANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING "Y..>•-4> �� �;r.'o-`-=.��i�;in:vn:�•%'S�vS..•. f., ,..,:,.'�•,. --- ,r:">:t�... .:.�.1.�z.s$.�:���:. ,�-�_t'._,..;r,> .^%R +n a .aMxa..rzs?. .t .�r-_... .4^:a..:_...•. .�.�;aa �ll�S£��'tY`„��€A�' �Sa�$a.J3..{�'F� - .�:_ :x=.;a•v= •�.,. - s ='s.,�.v-, BUILDING PERMIT NUNMER: r., DATE ISSUED: o � SIGNATURE: Buildin Comnlissioner/Ins or of Building Date 1.1 Property Address: 1.2 Assessors Map and Parcel Number: lqb ",qW s7QFE i �O Ll p Al. l A1001/EZ Map Number Parcel Number 1.3 Zoning lrtfomtation: 1.4 Property Dimensions: v Zoning District Proposed Use Lot Area Fronta e ft 1.6 BURDING SETBACKS(ft) M Front Yard Side Yard Rear Yard Required Provide —Required Provided Re red Provided 1.7 Water Supply M.G.L.C.40. 54) 1.5. Flood Zone Information: 1.8 Sewerage Disposal System: Public ❑ Private ❑ Zone Outside Flood Zone ❑ Municipal On Site Disposal System ❑ .�r.. 2.1 Owner of Record SU 1%Oxy pe(L)D CONDOS M3 A4)q/A-.) SM. N• f9 NA0yE1( O Name(Print) Address for Service: 9�E3 C8/ C/567 M Signatur Telephone 2.2 Authorized Agen�� (,KFM4 TTA) 083 F3 A414 Iry 57R, N A ti100 L-/C-.,? > Name Print Address for Service: z Si -- — ------ - Telephone z a. 3.1 Licensed Construction Supervisor Not Applicable ❑ SIS IOWC-cL ST,e. pE 90,9Y A44 of%6v C5 D 8 14-7 9 S Address License Number C) E l )q Le_-(VS (-/9 05 -n l Licensed Construction Supe r: 5��3/ 2 v U -7 T Expiration Date Sig Telephone egistered a Improvement Contractor Not Applicable ❑ (QCiMP/ G 5 S, Company Name- Registration Number M 1144 Address Z112-3 /2Od5 - Y 7 �f3 535 - 7 3 ? Expiration Date z ign Telephone G) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yea.......❑ No.......0 E�"$11tDPF P �il? SIQI a�llfiC€DN -U£� 5.1 Registered Architect: i Name: Address Signature Telephone Area of Responsibility Name: Registration Number Address: Expiration Date Signature Total Not applicable ❑ Name: Address Registration Number Signature Telephone Expiration Date Name Area of Responsibility Iress Registration Number Signature Telephone Expiration Date Name Area of Responsibility Address Registration Number Signahtre Telephone ep_ Expiration Date D'G yM,of G Not Applicable ❑ Company Name: EL/A.t���L�)S L19 AY s Responsible in Charge of Construction .. ......:..........:: �0 ; 7 ��, s_' ' QfIapp ca .0 New Construction 0 Existing Building 0 Repair(s) ❑ Alterations(s) 0 Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: ✓n0 i1/U� o C'X/S jv, 6 X 6 S�POI an w co oe 71 e see 1rri . a USE GROUP,(Check as a livable) CONSTRUCTION TYPE A Assembly ❑ A_I ❑ A-2 ❑ A-3 ❑ IA ❑ A-4 0 A-5 ❑ 113 0 B Business ❑ 2A ❑ C Educational 0 213 ❑ F Factory 0 F-I ❑ F-2 ❑ 2C ❑ H High Hazard ❑ 3A ❑ IInstitutional ❑ I-I ❑ I-2 p I-3 ❑ 3B ❑ —Ki—Mercantile 0 4 ❑ R residential ❑ R-1 ❑ R-2 ❑ R-3 ❑ 5A ❑ S Storage ❑ S-1 ❑ S-2 ❑ 5B ❑ U Utility ❑ Specify: M Mixed Use ❑ Specify: S Special Use 0 Specify: COMPLETE TRIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND OR CHANGE IN USE Existing Use Group: Proposed Use Group: �jExisting Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34: BUILDING AREA EXISTING if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floor(s Total Area s Total Height ft Independent Structural Engineering Structural Peer Review-Required., Yes ❑ No ❑ SECTION 102 Owner Authorization- TO BE COY&LETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I' ,as Owner of the subject property Hereby authorize My behalf, in all matters relative two work authorizedthis buildin to act on � g permit application Signature of Owner Date ` r 1, �v ONL/ al as Owner/Authorized Agent Hereby dec are that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed under the pains and penalties of perjury d w� Lo, , I Pnnt Nam �'1,4"9 Zooy Si Owner/A Date .S to �4 st• ated Cost Dollar be Item (Dollars) ..: .:...: .. .. - i Completed by permit applicant 1. Building 3 Ll-5--C) (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction from(6) 3 Plumbing f Building Permit fee (a) X(b) 4 Mechanical(HVAC) 5 Fire Protection 6 Total (1+2+3+4+5) Check Number .1 c4�:'a• ���^ ter,! g.�a..,r , ,. ....... ..±.. . . .L .. v .-,:.. t,r.,.. t. ._. .. ..r ro. L<i ... Y .c.. ........ .....:.<, .. t.,.. h.: .L...7...s:v:5,,-K=•;7.£ `i`�;is,`'�7:`iv?r.;.�{' '�,`:+>s. ^.1}.. a(,t. :{:,!)d•. P�' to ..ht. .. ..;:R'..v.4A: :..., :'....,Y.::a.,.Y•:F.,2...r`..i.�-..,.:ll?::.....u>..,.n.<v„':i — t .,.f .:>:.M1.f:•r.I":• �t:: '.�S'^ r,;�s;r. +,>ti•; ti49,.i: ,t,��n-,'.h{%j?jiyr;.,;.j>'�; ..... ._. ... . .. ... .. .......�,.,rv,. ,: .-..Y.. ._i.1rw..... `�n. r. - .. S �e,�_ .tt, •.�"<., n.l.. .'K -.-21 :.52:< :,I.t� s1 i;`:.,4.:� :"�t �i.Y'?` r_,z<:.�.r .a.... ...,n.,.�<�...._Jo-. .r. :.:,.,„.. :,.l. ...:..... ..:. ...,.........-a<.`-sr r..,:.,<-t:. ._k-,.�x:�:�.h n�:. ,.rtt. '�•�- .N t;, .a:i,'L-. NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TIMBERS lST 2ND 3RD SPAN DEMENSIONS OF SILLS DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHD,1NEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR,RENOVATE,CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING M OTHER THAN A ONE OR TWO FAMILY DWELLING -fien for Offricial Use Oni . .. ... ............ h -- BUILDING PERM[IT NUMBER: DATE ISSUED: Ct /0 (f SIGNATURE: 5? Building Commission r of BuildinDate 1.1 Property Address: 1.2 Assessors Map and Parcel Number: jq(3 ",qlAj 5726iff:-r Ll Al- Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Areas Frontage(fl) 1.6 BURDING SETBACKS(ft) rn Front Yard Side Yard Rear Yard Required Provide Rred Provided Required Provided 1.7 Water Supply M.G.L.C.40.4 54) 1.5. Flood Zone Information: 1.9 Sewerage Disposal System: Public 0 Private D Zone - Outside Flood Zone 0 Municipal On Site Disposal System 0 2.1 Owner of Record 5UMOA1.1 POIILJD COOV00S I f3 4409/A-.; -S?R• A--. q A,/poL,,ej Name(Print) Address for Service: =2d 7763 - C51 - q567 M ------------7 Signatur Telephone X 2.2 Authorized Agent X 7T �jYr—EA-14A) A4,4jA,V sze. A-" Aq A-1400 L-IC-14? > Name Print Address for Service: Z F8 - 6,F cr-e' 0 Si: Telephone Z f-"jTz' M" 3.1 Licensed Construction Supervisor Not Applicable 0 (0WFtL -57,"e. 1 69A'0,9 Y A4,4 of-/iQ) G s 0 5 4j 7 Address License Number 0 -n Licensed Construction Supe r: -57 3 1Z 0 0 - Expiration Date Sig. Telephone egistered a Improvement Contractor Not Applicable 0 -5 9S Company Name Registration Number _?C),o y t14)q 0 Address Expiration Date /8'i'gn Telephone Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Si ned affidavit Attached Yea.......❑ No.......❑ SEOPI 5 1PR16ifD1 � 1U11 #1 � 5U J� g� �'4DTUY0i PI 5.1 Registered Architect: 1 Name: Address Signature Telephone Name: Area of Responsibility Address: Registration Number Signature Total Expiration Date Not applicable ❑ Name: Registration Address Number Signature Telephone Expiration Date Name ' Area of Responsibility :Adress Registration Number Signature Telephone Expiration Date Name Area of Responsibility I I Address Registration Number I ignature Telephone Expiration Date OG yM,oJ G � Company Name: Not Applicable ❑ EyA^�---E6,oS U19 -S Responsible in Charge of Construction T New Construction ❑ Existing Building ❑ Repair(s) ❑ Alterations(s) 0 Addition ❑ Accessory Bldg. ❑ Demolition 0 Other ❑ Specify Brief Description of Proposed Work: ,mo ,1ioo 6x 6 X �'v a-na� 6a.)N q w C7 oe 01� Me USE GROUP Check as applicable) CONSTRUCTION TYPE A Assembly 0 A-1 0 A-2 ❑ A-3 0 IA 0 A-4 0 A-5 0 IB 0 B Business ❑ 2A 0 C Educational 0 2B 0 F Factory 0 F-1 0 F-2 0 2C 0 H High Hazard ❑ 3A ❑ IInstitutional ❑ I-1 0 I-2 ❑ I-3 0 3B ❑ M Mercantile ❑ 4 0 R residential 0 R-1 ❑ R-2 ❑ R-3 ❑ 5A 0 S Storage ❑ S-1 0 S-2 ❑ 5B 0 U Utility 0 Specify: M Mixed Use ❑ Specify: S Special Use ❑ Specify: COMPLETE THIS SECTION II'EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34: BUILDING AREA EXISTING if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floor s Total Area(s Total Height ft Independent Structural_Eplonc—,ring Structural Peer Review Required Yes ❑ No 0 SECTION 10a Owner Authorization- TO BE COWLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, ,as Owner of the subject property Hereby authorize to act on My behalf, in all matters relative two work authorized by this building permit application Signature of Owner � Date i 1 v.:.., a r ffilw. I, 6vaM e3 / "-f / as Owner/Authorized Agent Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed under the pains and penalties of perjury dGGYJ Pnnt Nam Si Owner/A Date 0Item Estimated Cost(Dollars)to be Completed by permit applicant , 1. Building 3 Ll-�—o (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction from(6) 3 Plumbing Building Permit fee (a) X (b) 4 Mechanical(HVAC) 5 Fire Protection 6 Total (1+2+3+4+5) -31450 Check Number ° NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TIIvlBERS 1 sr 2ND 3RD SPAN DEMENSIONS OF SILLS DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHIIv1NEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE w d+ Town of North Andover tLORTM Q��t LED 611t/� Office of the Building Department .d w •6\ �L h p Community Development and Services Division 27 Charles Street oR4no 5 North Andover,Massachusetts 01845 'SSA-11 D. Robert Nicetta Telephone (978)688-9545 Building Commissioner Fax 978)6 88-9542 July 13, 2002 Mark J. Sampson,Esquire Devine,Millimet&Branch Professional Association. Attorneys At Law 300 Brickstone Square P O Box 39 Andover,MA 01810 RE: 148 Main Street,Building"A" North Andover,MA Dear Atty. Sampson: Your correspondence of June 18, 2002 requests enforcement as it relates to the Sutton Pond Condominium Property obligation to replace and maintain sewer pumps as required by Condition No. 9(c)in a Special Permit dated November 17, 1992 and revised November 30, 1992(Exhibit A). Exhibit A,is the Planning Board NOTICE OF DECISION with dates of hearing: December 1 and 15, 1992 and a Town Clerk decision date stamp of:December 22, 1992. The November 17 and November 3 0,1992 dates,I believe,are invalid However, Special Permit Condition No. 9(c)of Exhibit"A" states: "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." The condition states that the pump house will be demolished,I am of the opinion that it does not state it could not be built again. I cannot determine,by your documentation,if the grinder-ejector pump had been installed in the past. It was also stated in your Paragraph 4(Special Permit Condition No. 9(c)) "Furthermore Sutton is required to repair,replace and maintain all utilities within its common areas." I cannot find such statement in Special Permit Condition No. 9. I am of the opinion that the documentation as submitted, (no plan was attached as mentioned in your correspondence), does not constitute a valid claim or demonstrate that the Special Permit Condition No. 9 had not been accomplishers. Paragraph 7 of your correspondence states in part"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." Pursuant to your letter of Junel8th"On or about April 24 2002,the pumps failed again causing discharge of sewage."I am of the opinion that the primary responsibility of your clients,Trustees of the Stone Mill Realty Trust,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 688-9541 BL?ILDI-NC-688-954-5 CONSERVATION 688-9530 HEALTH 688-9540 PLAN-KING 688-9535 Atty. Sampson July 13, 2002 Page 2 It is difficult to attempt to enforce a condition that has not been observed and approximately ten 00)years later, does not have in my opinion,documentation. In this particular situation,the wetland resource and health violation(s)required the immediate attention of the Conservation and Health departments who have jurisdiction on the violations. Thank you for your patience while the matter was under investigation. Yours truly, D.Robert Nicetta Building Commissioner CC:Heidi Griffin,Director CD&S Julie Parrino, Conservation Administrator Sandra Starr,Health Administrator Clay Mitchell,Interim Town Planner CERTIFIED MAIL RETURN RECEIPT REQUESTED #7000 0520 0021 5970 9801 I DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW Joseph A.Millimet 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 Z George R M s000re Andover,MA 01810 "Susan V Duprey Donald E.Gardner VIA CERTIFIED MAIL iel J.Callaghan Tel:978-475-9100 *Frederirick J.Coo broth # 7106 4575.1292 3169 0657 Fax:978.470-0618 'sCohen 'Aaronn A.Gilman RETURN RECEIPT REQUESTED A. Robert C.Dewhirst *Richard E.Mills Manchester,NH Newton H.Kershaw,Jr. Mr. D. Robert Nicetta Concord NH "Karen S.McGinley 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 *Debra Wein Ford North Andover Peter G.Beeson , 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 J.Sampson !Jon B.Sparkman Anu R.Mullikin Dear Mr. Nicetta: .Ronald D.Ciotti Diane Murphy Quinlan This firm represents Gregory P. Smith and Linda M. VanDeVoorde, "Melinda S.Gehris Alexander J.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 P.C.McHugh Amex).). *John Sherman David P.Eby Scott W.Ellison This is a request for enforcement of the North Andover Zoning Bylaw Bret q D.Gifford g Y Jennifer Shea Moeckel and Special Permit Conditions pursuant to M.G.L. ch. 40A, § 7. Charles R.Powell,111 Kevin el E ilimorr This request for enforcement relates to Sutton's obligation to replace 'Kevin G.Collimore 'Elaine M.Michaud and maintain sewer pumps on the property as required b Condition No. 9 c Daniel E.Will P P P P Y q Y ( ) 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 Robert E."Pamela A.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. Paul R.Kfoury,Jr. *Kenneth J.Rossetti Special Permit Condition No. 9(c) states: "The existing pumping James R.Fox Shana G.R.Fisher 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 •Renelle L.L'Huillier *Kimberly 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.Mooney p_ Y 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. (13041159266VA0024017.1) i fa DEVINE, MILLIMET & BRANCH Joseph A.Millimet PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW Redred "Richard G.Asoian June 18, 2002 300 Brickstone.SQua Paul C.Remus Andrew D.Dunn Ninth Floor "Mark E.Tully P.O.Box 39 David H.Barnes George R.Moore Andover,MA 0181C Susan V.Duprey Donald E Gardner VIA CERTIFIED MAIL Daniel J.Callaghan Tel:978-475-9100 •Frederick J.Coolbroth #7106 45751292 3169 0657 *Steven Cohen Fax:978-470-0618 *Aaron A.Gilman RETURN RECEIPT REQUESTED Robert C.Dewhirst . *Richard E Mills Manchester,NH Newton H.Kershaw, Mr. DRobert Nicetta *Karen S.McGinleyey . D. Concord,NH 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 *Debra Weiss Ford Peter G.Beeson 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 J.Sampson) !Jon B.Sparkman Anu R.Mullikin Dear Mr.Nicetta: Ronald D.Ciotti Diane Murphy Quinlan 'Melinda S.Gehris This firm represents Gregory P. Smith and Linda M: VanDeVoorde, Alexander J.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 Margaret A.O'Brien "Michael Dana Rosen premises at 148 Main Street, Building A (formerly known as the Town Hall Patrick C.McHugh Annex). "John P.Sherman David P.Eby Scott W.Ellison This is a request for enforcement of the North Andover Zoning Bylaw Bret D.-Gifford Jennifer SheaMoeckcl and Special Permit Conditions pursuant to M.G.L. ch:40A, § 7. Charles R.Powell,III 'Michael E.Kushnir "Kevin G.Collimore 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 Robert E.Dunn,Jr. 'Pamela A.Peterson common area property of Sutton, outside of Building A as shown on the plan •Christopher Poulin -Eileen O'Connorr Bernalattached. The sewer pumps have failed repeatedly and are inadequate to serve *Matthew R.Johnson *Patricia M.McGrath the needs of Building A. Paul R.Kfoury,Jr. "KennJames R.Fox eth J.Rossetti Special Permit Condition No. 9(c) states: "The existing pumping Shana G.R.Fisher station adjacent to the office building will be demolished. The applicant will Michael A.Ricker 'Michael J.Kerrison install an individual grinder-ejector pump to the lift station at the courtyard "Renelle L L'Huillier "Kimberly 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 Jannette L.Mouney 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 Counsel "Admitted in Massachusetts. (1304 R5926MA0024017.1) 4 DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW Mr. Nicetta. June 18, 2002 300 Bricksrone Sc Page 2 Ninth Floor P.O.Box 39 Andover,MA 01E Ms. VanDeVoorde,their clients and visitors, the residents and visitors of the Tel:978475-9100 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 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\59266wo024017.1) . B93675 220 Pbldeld6 8180 TOWN OF NORTH ANDOVER MASSACHUSETTS • NDF::. •,u7ER � � GEc 12 4 ss ry 15Z ' Any appeal shall be flied N r within(20)days after the •�,����, date of filing of this Notice •''K Ir".� w.l�sa�a in the Office of the Town �g CledL NOTICE OF DECISION lriigst �"L' �;� Date....Dee!mber'22: 1992 ' �1.�;,'• `mo�i! december'1;'I994 _ 2' ,_�r'�'s��t• - o Date of Hearing December•15 •1992 �; H � r. :�;�. '•`IDS •rG, pillion f•�U AC Iae..... ................................. &... . ................. `t f.J �%�f' S •;4_r Yest�aidsof Street , � �•• •...•. ............... I Referring to the aboveedal permit clition for a s from the.requirements P P P requirements " of the North./lndoveLtoain E lav Section 11 - Planned.Develo nc District ` B. 7. .r..................... ......P ............. " 1 so as to permit .the reissue of a Special Permit in order to complete the a...n .......• • .. ...... y its •• a: ,Fogstruetiop,of,th�.0s ood !till Pro eec. �1j =• After a public hearing given on the above date. the Planning Boats voted t7l :. p COA'DITION LY to AP,FROVES.......the SPECIAL PEA`fIitF ' ...............................................•. •... I . -J Ix •.: based upon the following conditions: cc: Director of Public Works I Building Inspector ' Conservation Administrator ' Health Agent Signed Assessors ' Chief Fire Chief - ......... Aearge.psr�. 14 Fire C Applicant Jasepis.`4ihmmy ................. - Engineer , File Jcha Simons.............. - 'r Interested Parties ....... JAhA Draper .................... ��` - lanning Board•....... _. 11:7:i jam•• - _ - ... .. .t.v�.• 'i::.: ....,., .. . ..r. _- .�� - ' 221 'KAM xs.NELS + Town of I"MainSUWe 01845 Virow av �aic �''�: as `'�'� NORTH ANDOVER c5oa�682.6/d3 _ . awwwar PLANNING&COIVIMUMTy DEVELOpMFyT December 22, 1992 Mr. Daniel Long, Town Clark Town Office Building 120 Main Street North Andover, MA 01845' Re: Osgood Mill Planned Development District (PDD) Special Permit Dear Mr. Long: r.. The North Andover Planning Board held a public hearing on Tuesday evening, December 1, 1992, at 8:00 p.m. in the Town Office Meeting Room, upon the application of URDAC, Inc. of ; Boston, MA., and subsequently continued the public hearing until =- December•.25, 1992. The hearing was duly advertised in the 4: Lawrence Eagle Tribune on November 16 and November 27, 1992. All parties of interest were properly notified. The following members were present at.the December 1, 1992 meeting: Josephi Mahoney, George Perna, .John Draper, John Simons and Richard Rowan. The petitioner seeks a Special Permit under Section 11- r' Planned Develomner« District of the North Andover Zoning Bylaw (the Zoning Bylaw"), governed by Section 10.11 Conditions for zif Approval of p tial Permit. This section of the Zoning Bylaw F permits a mixed use in an Industrial-S District by Special Permit. As indicated in a . Notice of Decision dated September 1, ! 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit to allow the conversion of two ex ng buildings, and + construction of five new buildings, into 188 Iresidential housing units and an office/restaurant facility ted on the Westside of Elm Street and known as the Osgood Mill Complex. Said lot is situated in an Industrial-S Zoning District possessing 11.2 acres -` of land area. In addition, the premises is located in the Town's designated Commercial Area Revitalization District (CARD) and Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Mill Complex was completed, and a question has arisen whether the Special Permit, as well as the associated site plan approval for the Osgood Mill Complex, are still in full force and effect. ! J E • i ,1 .._..B B367b Page 2: Osgood hill Complex The purpose of the present Special Permit application obtain a new Special Permit, as well as defiiive ite i approval, in order to complete the partially co Mill Complex. The new definitive site plan is satnstructed forth onOa Plan Andover, minatts"ts yout(,] 'Sutton Pond Condominiums( ] N P.C.1 scale: 1"-4011 dated prepared eember 13,19 2chadler J►asocia # 30, 1992 (the "Plan"). • revised Move The following members were present and voting at December 15, 1992, meeting when the Board rendered t decision: Joseph Mahoney, George Perna, John Simons, and Richard Rowan, Draper, Upon a motion made by Mr. Mahoney and seconded by andpthe Board voted etition unanimously to close the public hea: er'for a approve e Plann dDe elopment sDi District (P D)Specialt forlirthe iOsgood 1 Complex. Attached are those conditions. sincerely, NORTH ANDOVER PLANNING BOA1 George D. Perna; Chairman a'. s cc: Director of Public storks Building inspector Conservation Administrator Health Sanitarian +' Assessors Police Chief Fire Chief } Applicant Engineer rile 3; t: z i ;._ B93675 , 224' Bylaw requirements*so long as-the following additional condition are met: I. The required open spaces shall be conveyed to the Conservation Commission or to a non-profit conservation 4F organization, or to a corporation or trust , representing persons responsible for the PDD, and shall be protected by a , conservation restriction as required by G.L. Chapter 40A, Section 9, for common open space• in cluster developments.- The conveyance documents will be provided to the Planning Staff for review prior to the recording of the Special Permit. f=.! 2. The applicant shall comply with all North Andover Department ' of Public Works Rules and Regulations. 3. . Any action by another Town Board which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no-cut lines, may subject this decision to modification by the.Planning Board. 4. The property owner shall -use the "proposed right-of way" as i shown on the Plans titled: Site Layout, Date Issued: Nov. 13, 1992, Revisions: Nov. 30, 1992, Prepared By: Henry ; . Schadler Associates, S Waterville Rd, Farmington, CT 06032 (hereinafter "Plan") for ingress and egress to the site. The Property owner shall continue to use this right of way as it may be modified over the Brickstone property, so- called, in the future to access directly the Sutton Street connector, once it is constructed. S. All lighting within the site and the right of way shall be i F as shown on the Plan and shall be consistent with existing lighting on site. '6. All new signs shall be approved by the Town Planner and must 3'� =• have' a sign permit as required by Section 6 of the Bylaw. �•�. 7. The Planning Board approves, at a minimum, 281 parking x:. spaces as shown *on the Plan: The Planning Board finds this aces number of s minimal, to be ade �•; spaces, although 9 iTuate, for the project as approved. Twenty spaces will be designated and i marked for visitor parking. The applicant must provide for handicapped spaces as required by applicable state and f , federal rules and regulations. "U 8: The water installations must conform to . 310 Clot 22:22 regarding cross-connections. Plans showing proposed installation of back flow prevention devices at such cross- F`= sections must be submitted to D.E.P. for review and approval. These installations must be approved by the 4 _,• plumbing inspector. ji. �f • r If i k • f t B936?6 I9. The applicant shall adhere to the Department of Public Works:the following requirements of a. The applicant will connect the new water main on the Osgood Mill•site to the recently installed water main on the Horth Andover Mills property. All unmetered on site water mains to be used for domestic purposes are o be abandoned. b. The.-sewage pumping station and collection system should be inspected and tested to determine conformity to the ' appropriate regulations and specifications of the Division of Public Works. A sewer connection permit must be produced from the Division of Water Pollution Control of the Massachusetts Department of Environmental. Protection if necessary. c. The existing pump 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. 10. The applicant shall adhere to'the following requirements of 'r the Fire Department: 1 := a. The Fire Department must be contacted prior to the installation of any underground tanks. np b. Copies of the completion certificates for asbestos r removal must be forwarded to the fire department. _ G. The automatic fire sprinkler systems is required to be finished. The Fire Department will work with -the built tyata°mntta°ctc�piy m�tihty applicable ppli a lebut fires satety, codas. i. all the installationsmust be inspected and tested to see if the flows will be adequate. 11. the connection for the sprinkler systems protecting the units and adjacent 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. the sprinkler contractor shall review the entire sprinkler protection system with the fire chief prior to the start of any work on any existing or new systems. - d. The dry fire hydrant is to be maintained by the i p1OPertY owners. It` must be tested by the fire 1 t�" i r 226 . .; ; .department and repaired by the property owners. •• The automatic spriald storage area on the lowarstloors•used to protect the accordance with a must ba installed in direction•of the fire d�la• lira safety codas at the . department. f• Fire departaant.. oonnactions are standpipe systems. These standpipes required i on the in accordance with. the applicable fire satstyInstalled The fire department will work in conjunction i codes.- andatanthreadsoareaiinnstalleor to d anre that th se devices. adapters e . eters g• The fire sprinkler system in the stone maintenance building must be maintained by the change in use of the build fromProperty owner. Any . another use must be reviewed by the maintenan y fire departmce ent. • . 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 Of the existing old mill. Y remote annunciator sThis lira alarm box and hal•1 service all the firs devices in the residential complex. The main fire alarm control panel for the complex shall be located in the k stairwell adjacent to the fire alarm box. i• The— Lire alarm system components.P that have been installed must be inspected and tasted. A lira alarmsystem must be installed with the following equipment: hard-wired smoke detectors in common' areas and '? hallways tied to the fire alarm central zone indicator; Panel and ii. each unit will have smoke detectors but will be only for that unit as required and not connected to the central panel; • iii. a double action within 6 feet of�va station shall be installed areas; every exterior door from common iv. an exterior indicator light shall be placed on the corner of each section of the buildings (t in total), visible from the courtyard to give fire pp ratus the location of the problem as described on the existing plans. k• A water flow alarm for each installed. These alarms will.sprinkler system shell be a not activate- the master 883676 ' 227 Ifire-alarm box. The system rote Shall have its 'low switch connected to rthe areas control panel and the activation of that flow switch will trip the master tire alarm box. i, 11. Prior to a Certificate of occupancy being issued: a. Bonds, in the in form of a Passbook or Tri-Party Agreement ti ' an amount to be determined ..by Planning Department, shall be posted to ensure constructio and/or completion of the right of way across the Brickstone Property as shown on the record plans. b• The applicant- is to construction provide a final as-built when � ' Department of is Publicompleted to be ac Works and the Townpproved Planner.bY the t- 12• Prior to a Certificate of Occupancy the last of the five (5) new uilin being issued for owner must construct one additional elevator or the as shownn , on the building plans. •� r 13. The applicant must comply with all Massachusetts State building codes and. obtain all required from the buildingDepartment. and approvals as Partment. ia• Thera shall be no burying or dumping of construction material on the sits, 13. The contractorshall contact Dig Sate at least 72 hours prior to commencing any excavation. . t 16. Gas, telephone, Cable and Electric Utilities shall be I ' installed as specified by the respective utility companies. that have 17. Any plants, trees or shrubs been Inco • the landscape plana incorporated into one year from approved in this decision that die within the timeof laming shall be replaced by the applicant. P } 18. Any demolition of structures and clearing of material shall I 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 shall be both an egress and ingressroacrrosYs the riht them High Street as described on the plan and as referenced in Condition # 4. 20. The oneway access from Main street to the property is to be Maintained by the owner. - 21. Any change in use of the at maintenance to one maintenance building from Planning Boa another use is subject t rd. o the review of the i I 1 l c _ 22. The construction of the- interior ofthe building shall be under the supervision of the Building Inspector. i ' 23. the construction shall commence within two date of this a (2) Years from •nt approval and shall be completed within five (5) years from the date of this approval. Completion to be . . i December 22, 1997. `-24. The provisions of this conditional a ' and be..binding upon the applicant, its�1.,employees apply to - successors and assigns in interest or control 25. all 2S. decision: e considered a lowing plana shall be part of this Plan$ Entitled: Osgood Mill North Andover, MA ' Scala:ed y- Anderson-Nichols, Boston, MA Dated: .1/8 11-0n April 6, 1987 Sheets C1-C8 - Civil Sheets D1-D1O - Demolotion Sheets AO-A23 - Architectural Sheets Sl-S9 - Structural Sheets P1-P6 - Plumbing Sheets M1-M7 - Mechanical Dated: 3/17/81 Revised: 4/1/87 Sheets E1-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, MA ►.`- Prepared by: Matarazzo Design 9 Hills Avenue Scale: Concord, N.H. 03301 Dated: 1 30' Sheets: August 3, 1987 Dated: November 11, 1987 Sheets: 1 - 2 Revised by the following plans: Plans Entitled: site Layout 11!11! Sutton Condominiums North Andover, MA r Prepared by: Henry Schidler Associates, P.C. i 5 Waterville Road Farmington, CT 06032 Dated' November 13, 1992, Revised: November 30, 1992 i - i BB367S f • 229 Scale: 1" 40' , As-Built Site Development plan ! , Prepared for RECOLL Management Corporation r Scale: 1" • 50' j. Dated: r August 1992 Plans Entitled: Planting Plan j Sutton Pond .Condominiums North Andover, MA w j Prepared by: Henry Schadler Dated: November 13, 1992 Revised: November 30, 1992 ;. Scale: 1" 40' F cc: Director of Public Works F r Building Inspector Conservation Administrator � . Health Agent I Assessors, Police Chief Ai . Fire Chief n=: Applicant 4 ' Engineer Tile r ' OSC000.D I ,: i f . t i TOWN OF NORT11 ANDOVER DIVISION OF PUBLIC WORKS 384 OSCOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 J. !1 illinn�/Inrruclnk o, Mo"rN r4 1'eleplroue (917 <,,45-0950 I nx (9 78) 689-957.; February 29, 2000 John A. Daly, Esquire 89 Main Street No, Andover, Ma. 01845 RE: Sutton fond 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 bulidirng. Since we maintained the pumping station when the Town of North Andover leased the budding we are aware that the old pumping station at the Osgood Mill was modified to service only the office building. I lowever, the new pumps are connected to the existing force main which discharges to [lie sewer in Main Street. A sewer system extension permit from the Department of Environniental Protection was obtained for the project; a copy of which is enclosed. If you have any questions or require any additional information, please advise. 4trours, 'ImurciI E. Director of Public Works J WI I/,ljb RECEIVED JUN ,r ,T ._: <. 3 2003 A.4 Home 7erv.ices 10800 Alpharetta Hwy,Suite 208-509 x.IL.0 0'J"p t)1 Ct G" Roswell,GA 30076 Office:(770)667-4611 Fax: (770)667-9117 BUILDING DEPT. K"We Toll-Free:(800)920-8337 WO)`Y1icr nti.1J %} -� VVI Q May 20,2003 Faith O'Brien 148 Main St.Apt. 8132 North Andover, MA 01845 Dear Sir/Madam: It is our goal at A-1 Home Services to provide professional, courteous and prompt service to all of our customers. However, there are rare occasions when this goal is not met; such as the circumstances surrounding your installation purchased at Best Buy. We at A-1 Home Services sincerely apologize to you for the inconvenience and ask that you accept a Best Buy Gift Card as a token of our apology as well as appreciation for your business.To receive your $35 Best Buy Gift Card, call 1-866-792-6391 and give the Customer Care Representative the information provided on the enclosed certificate. We will continue to strive to meet our goals of customer satisfaction. Sin ly YChJ�aMas4co _S Client Services Enclosure: Gift Card Certificate a. RECEIVED JUN 3 2003 v �a� 1 BUILDING DEPT. 4- 6 }� LET US 3108 AIM IT IT - O . R We will deliver your appliance when we say we will, guarantee or we will give you a $35 Best Buy Gift Card by marl. kECEIVED We apologize for arriving outside the scheduled appliance delivery timeframe and any 3 2003 inconvenience this may have caused. Because we appreciate your business, youBUEr[RWdfiO&T, a $35 Best Buy Gift Card due to us being outside the scheduled appliance delivery timeframe. To request your Best Buy Gift Card, call our Store-to-Door Customer Care Representative at 1$8792-6391. Calls are accepted up to 45 days after appliance delivery. 6G 6-1 To process this request, you must supply the Customer Care Representative with yy the following: ; The iollow►rig seetfon musf be filled out by Best=Buy Delivery Dever/Installer) u Delivery date tt ` Deliver11, y time provrded �9ctuai tin�e of arrival z v x ..` r� Driver s name = s x 3 3 rlel�very ROS`number � �`�� Store-to-Door Customer Care Hours: Monday - Friday 7AM - 9PM (Central Standard Time) Saturday 10AM - 4PM (Central Standard Time) If you call outside these hours, leave a message and a Customer Care Representative will return your call the next business day. Allow 4 to 6 weeks for receipt of your Best Buy Gift Card. Thank you for bringing your business to Best Buy and for your understanding in this matter. Best Buy Delivery Team • This guarantee applies to appliance product deliveries only. Delivery time not guaranteed in inclement weather. Limit one Best Buy Gift Card per delivery order. For Your Records o DIESIn Date you called Customer Care: - �- o� � � Buy- Case number provided by Customer Care: 401-251460 Page 1 of 1 ....... �Subj: RE: dishwashers Date: 6/3/2003 1:36:52 PM Eastern Daylight Time ;From: Richard..A._Fredette@state_ma_us 'To: JasDeCola@aol.com, 'Sent from the Internet(Details) 1-617-293-8247 -----Original Message----- From: JasDeCola@aol.com [mailto:JasDeCola@aol.com] Sent: Tuesday, June 03, 2003 8:24 AM To: Fredette, Richard A(REG) Subject: dishwashers Hi Rich, I'm getting a complaint about A-1 home services requiring an on/off switch for replacement dishwashers. this one is in a residence and the electrical panel is in the unit. is this a scam ?or has the code gone into retroactive work? thanks Jim town of north andover. Tuesday, June 03, 2003 America Online: JasDeCola `•„.;; ARTICLE 422—APPLIANCES 70-267 r r` ans, with or.without accessories, that tacle are not accessible, cord-and-plug-connected appli- a24 ”t(rrl �spended.f . 09 spm it ugh 2 kg_(70 lb) or less. ances shall be provided with disconnecting means in accor- Ms Eaie. dance with 422.31. p jus allat Qther on Methods.Appliances employ- + f installation other than.covered by this (B) Connection at the Rear Base of a Range. For cord- F` 1430 cth00tl� and-plug-connected household electric ranges, an attach- I togs petmitted to be used only by special last , ment plug and receptacle connection at the rear base of a issxon. range, if it is accessible from the front by removal of a drawer, shall be considered as meeting the intent of 74so Las` k �(pCprinechng Means 422.33(A). dTOKO., Ge ler.- A,m8411 shall be provided to disconnect (C) Rating. The rating of a receptacle or of a separable 1 o Ilatie fiom all,ungrounded conductors in accor- connector shall not be less than the rating of any appliance e��Qp ��ith;tFie following sections of Part III. If an appli- connected thereto. �T430•M-- ni :than one source,the disconnecting Stipp ed t( Exception: Demand actors authorized elsewhere in this ,s_ a�s6a11?be grouped and identified. P • factors Code shall be permitted to be applied to the rating of a � receptacle separable _.lscannrete or of'of Permanently Connected Ap- P .f a P e connector. �, 422.34 Unit Switch(es) as Disconnecting Means. A unit t_ �hted a� Not #Quer 300 Volt-Amperes or 1/s switch(es) with a marked-off position that is a part of an Ger For peimanently connected appliances rated appliance and disconnects all ungrounded conductors shall t b9er 300 volt-amperes or 1/8 hp, the branch-circuit be permitted as the disconnecting means required by this creii(device shall,be permitted to serve as the dis- article where other means for disconnection are provided in r � P . �a eCttpglmeans; £ the following types of occupancies. haC Rated Over 300 Volt-Amperes or (A) Multifamily Dwellings. In multifamily dwellings, the er .�'ttr peCianently connected appliances rated other disconnecting means shall be within the dwelling * lt=athperes?or'/s hp,the branch-circuit switch or unit, or on the same floor as the dwelling unit in which the a i rcaer shall',$be permitted to serve as the dlscon- r x appliance is installed, and shall be permitted to control sans waste the switch or circuit breaker is within � �, s j , lamps and other appliances. l ap lr ce or is capable of being locked in the � y rtA oa ttont (B) Two-Family Dwellings. In two-family dwellings, the r ` Qt 11ag15.:em tom unit switches, see 422.34. other disconnecting means shall be permitted either inside r R11 P y g or outside of the dwelling unit in which the appliance is installed. In this case, an individual switch or circuit S 4connecttMeans for Motor-Driven Ap- breaker for the dwelling unit shall be permitted and shall ce�I a swlW'g0r circuit breaker serves as the discon- - a�= " h: .. also be permitted to control lamps and other appliances. 3d u�t►gYitteans for'4permanently connected motor-driven . Arte o ° ore than 1/s hp, it shall be located within (C) One-Family Dwellings. In one-family dwellings the #. o t e motozontroller and shall comply with Part service disconnecting means shall be permitted to be the t�rUaie X30t„a other disconnecting means. cep?lion'f.lf 0-Motor-driven appliance of more than l/s hp ithIro d tiit switch that comp (D) Other Occupancies.In other occupancies,the branch- < l;` �Y1ded w g lies with 422.34(A), circuit switch or circuit breaker, where readily accessible <, , .. )�ar.(D), the stivitch or circuit breaker serving as the for servicing of the appliance, shall be permitted as the ;• it . ther'djteonnectang means shall be permitted to be out of 1 $p ► hof o 11ie motor controller. other disconnecting means. l: f rrt f42Z=33.D1sc011nectlOn of Cord-and-Plug-Connected Ap- 422.35 Switch and Circuit Breaker to Be Indicating. Switches and circuit breakers used as disconnecting f g means Hid ' shall be of the indicating type. (�) Separable Connector or an Attachment Plug and Rceptacle. or cord-and-plug-connected appliances, an ?�� "sessible se IV. Construction parable connector or an accessible plug and 51 `"eptaele:shall,be permitted to serve as the disconnecting 422.40 Polarity in Cord-and-Plug-Connected Appli- °°1Qs. Where the separable connector or plug and recep- antes. If the appliance is provided with a manually oper- i �7[Q"'I ELECTRICAL,CODE 2002 Edition BUTTERWORTH & O'TOOLE, INC. P.O. BOX 8294 SALEM, MA'01971-8294 ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY TELEPHONE (978)741-5731 FAX (978)7. 40-9109 January 02, 2001 FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS . GEN. LAWS, CH. 139, SEC . 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City/Town Hall City/Town Hall ADDRESSES North Andover, MA 01810 North Andover, MA 01810 RE: Insured: Sutton Pond Condominium Address : 148 Main Street North Andover, MA 01810 Policy No. : CAU101422 Loss of: 12/26/00 File or Claim No. : 06-1948 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000 . 00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable . If any notice under Mass. Gen. Laws, Ch. 139, Sec. 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number . If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Robert L. Smith, Jr. Adjuster 3 r�f i BUTTERWORTH & O'TOOLE, INC. P.O. BOX 8294 SALEM,MA 01971-8294 1 ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY TELEPHONE (978)741-5731 FAX (978)740-9109 January 02, 2001 FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS . GEN. LAWS, CH. 139, SEC. 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City/Town Hall City/Town Hall ADDRESSES North Andover, MA 01810 North Andover, MA 01810 RE: Insured: Sutton Pond Condominium Address : 148 Main Street North Andover, MA 01810 Policy No . : CAU101422 Loss of : 12/26/00 File or Claim No. : 06-1948 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000 . 00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable . If any notice under Mass. Gen. Laws, Ch. 139, Sec. 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Robert L. Smith, Jr. Adjuster BUTTERWORTH & O'TOOLE, INC. P.O. BOX 8294 SALEM, MA 01971-8294 ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY TELEPHONE (978)741-5731 FAX (978)740-9109 November 09, 2000 FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS . GEN. LAWS, CH. 139, SEC. 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City/Town Hall City/Town Hall ADDRESSES North Andover, MA 01845 North Andover, MA 01845 RE: Insured: Sutton Pond Condominium Address : 148 Main Street North Andover, MA 01845 Policy No. : CAU1014224 Loss of: 11/05/00 File or Claim No. : 06-1692 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000 . 00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable . If any notice under Mass. Gen. Laws, Ch. 139, Sec. 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Robert L. Smith, Jr . Adjuster 14 American Properties Team, Inc. August 21, 1997 Town of North Andover Health Department 146 Main Street North Andover,MA 01845 Gayton Osgood, Chairperson Re: Slatton Pond.Condominiums Unit K125 Plumbing Problem Dear Mr. Osgood: Please accept this letter as follow up to correspondence received regarding the above referenced issue. The Sutton Pond Condominium Trust Board is committed to facilitating a permanent repair to address the plumbing issue which has been brought to your attention. The Board engaged the engineering firm of Noblin and Associates to facilitate a resolution. Previous attempts to remedy the situation have met with limited success. The firm of MacRitchie Engineering is presently finalizing a recommendation for Noblin and that recommendation will be voted on by the Board of Trustees in the near future. The problem is being addressed and the Board will continue to work diligently on this issue until final resolution occurs. We will keep your office apprised of the work as it proceeds. Should you have any questions or concerns,please feel free to contact me. Sincerely, 'Oi� Therese M. Cochran, CPM, CMCA President,American Properties Team,Inc. Managing Agent for Sutton Pond Condominium Trust cc: Board of Trustees K-125 T.Little,Noblin and Associates 500 WEST CUMMINGS PARK • SUITE 6050 • WOBURN • MA • 01801 • 617-935-4200 • FAX 617-935-4289 W.L. Simpson, Jr. 148 Main St. , Apt. K-125 North Andover, MA 01845 AUG 508-683-4044 August 19, .1997 Town of North Andover Health Department 146 Main Street North Andover, MA 01845 Gayton Osgood, Chairperson Dear Mr. Osgood: Enclosed is a copy of correspondence which was this date forwarded to the property management company of Sutton Pond Condominiums as well as the Chairperson of the Board of Trustees of Sutton Pond. The letter concerns a condition which my wife and I have endured for more than three years since purchasing Unit K-125 here at Sutton Pond Condominiums on 6/30/94 (formerly known as Osgood Mills) . We moved into Kittredge 125 on 7/6/94 . Our first episode of waste water surging into our lavatory toilet occured on 7/9/94 . The inci- dents continue to date when units above us discharge wash water. We tried in vain to have the developer, The Gralia Group, correct the problem. They were either unable or unwilling. The Owner' s Association took over approximately April, 1996 . We have tried to have them correct the problem and yet it still exists. I contacted the Building Dept. trying to access as built plumbing plans or a plumbing plan for the Kittredge Building of Sutton Pond Condominiums, (formerly Osgood Mills) with no success to date. We are relocating to Reading and need to have the plumbing problem corrected immediately, in order to market our unit. In my opinion, the surge of soap suds and waste water from outside of our unit represents a violation of the Sanitary Code. I have asked for the immediate urgent action of the American Properties Team, I,nc. and the Sutton Pond Condominium Association. Any further delay will place me in an insurmountable financial bind. It is for this reason that I am requesting that you consider inter- vening on behalf of my wife, Marilyn and me, if the problem is not corrected immediately. At this point, time is my enemy. Thank you for your kind consideration. Sincerely, W.L. (Bill) Simp , Jr. Encl: W.L. Simpson, Jr. 148 Main St. K-125 North Andover, MA 01845 August 19, 1997 Ms. Therese M. Cochran, CPM President American Properties Team, Inc. 500 West Cummings Park Suite 6050 Woburn, MA 01801 Dear Therese: Thank you for your efforts involved with arranging for the line scope and engineering inspection of our unit last Thursday. As you know, we had made three previous efforts to purchase at Summit Village, Reading, MA. On each occasion we have had to back out and withdraw our deposit because of the ongoing plumbing diff- iculties that originate outside of our unit K-125. Enclosed for your information is the most recent ad which appear- ed in the Sunday Globe. In actuality, there were only six units still available and of those only two in which we would have any interest. Therefore, on Saturday, August 16th, I placed a deposit on Unit 709 at Summit Village through my Real Estate Agent while at the same time placing Unit K-125 on the market for the third time. We nearly lost out altogether, since Dolben was reluctant to accept our fourth deposit, fearful that we would be forced to withdraw again. Our agent reassured him that we would not back out again. We are required to sign a Purchase and Sale agree- ment within a week as well as being prepared to pass papers on or about September 31 , 1997 . For this to all come about, we §hallrequire the immediate atten- tion of APT and the Board of Trustees. As I pointed out to you in my preceding communication, we have already been placed in the position of having the cost to purchase at Summit Village increase by the sum of $45, 000 . 00 . Any further delay in correcting the prob- lem would not only cause us to lose substantially in the financial sense, but also to lose our final opportunity to relocate. This must not happen. I expect this to be placed on the agenda of the upcoming meeting of the board. I shall expect an answer by Friday, August 22nd. As you know, this condition is now entering year four without relief. It is,in fact a violation of the Sanitary Code. I therefore have also written to the Health Board, requesting their immediate intervention, should you not be able to act at once. The stakes for us are too high to be able to wait any longer. Unfortunately, since the developer was either unable or unwilling to correct the problem, it has become the board' s responsibility. We have been patient for more than a year waiting for the board to accept this responsibility. By virtue of the Page Two foregoing information, which is self explanatory, we may wait no longer. Enclosed for your information is a copy of my letter to the Chairman of the Health Board of North Andover. Also copies of this communication as well as the Health Board letter have been faxed to Mr. Arthur Kimball, Chair of the Board of Trustees of Sutton Pond Condominium Association. Thank you for your urgent attention. I await an answer on 8/22/97 . Sincerely, W.L. (Bill) Simpson, Jr. W.L. Simpson, Jr. 148 Main ST. K-125 + U.S. POSTAGE PID North Andover, MA 01845 Z 400 169 773 REHDING.MA 0186: AUG 19.'97 VNITFD ST.STFS AMOUNT POST IL SERVICE 7 ` 0000 00023113-07 I 2 Gayton Osgood, Chairpersr-_n ME���� North Andover Health Department �` �`M n� �� ��� 146 Main Street North Andover, MA 01845 . 0 1 8 4 S- 4 S 4 6 ��113„!}11137113�lf!l�tl3`t 3�ili}�!!t l3ltt!?�!£1F11l I17ltlt I _ I 3 I 1 I � PATRICK J. DONOVAN ASSOCIATES, INC. claim and Foss Adjustments P. O. BOX 110 WAKEFIELD, MA 01880 (617) 245-5540 — FAX (617) 245-7016 May 4, 1998 6 Building Commissioner City or Town Hall North Andover, MA 01845 Insured : Leanne J. Cardillo Property Address : 148 Main Street#S526 North Andover, MA 01845-2434 Insurer : Vermont Mutual Policy Number : H012010645 Type of Loss : Water Date of Loss : 5/1198 Our File # : WAP28102 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000 or cause Mass. Gen. Laws, Chapter 143, Section 6, to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned Insured, location, policy number, date of loss and file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. L Vern Laws Adjuster ON OF INDEPENDENT INSUR.ANCB ADJUSTERS mA . 49L of Massachusetts PATRICK J. DONOVAN ASSOCIATES, INC. 01,im and Foss Adjustments P. O. BOX 110 WAKEFIELD, MA 01880 (617) 245-5540 — FAX (617) 245-7016 December 5, 1997 Building Commissioner City or Town Hall North Andover, MA 01845 Insured : Wilbur L. Simpson Property Address : 148 Main Street, Suite K125 North Andover, MA 01845 Insurer : Royal Insurance Company Policy Number : AKG8679AR003 Type of Loss : Water Damage Date of Loss : October 6, 1997 Our File # : WAP27513 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000 or cause Mass. Gen. Laws, Chapter 143, Section 6, to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned Insured, location, policy number, date of loss and file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. 1 Vern Laws Adjuster VL/so ASSOCIATION OF INDEPENDENT INSURANCE ADJUSTERS „MIATI, WOUENDEW WMMANM of Massachusetts ` Re SB' �, .rte w..-•_r_yy,:� ,-`� jr, .;� Town of North Andover z 115 794 Ian AN tip=;'-- _. " OFFICE OF Q. Y-5'97 O R7: is COMMUNITY DEVELOPMENT AND SERVICES P M c� 146 Main Street•North Andover,Massachusetts 01845 ili 0^ w Dominic vernile "°-- Sutton Pond Condos 21 v`J 148 Main Street, B-133 s� t , North Andover, MA 01845 �,`, irk �•.^".'.� �,��- .x _.... w" 7 _ 0 • 0 SENDER'- V I also wish to' receive the y Complete ifErr+z 1 and/or 2 for additional services. • Complete itQms 3,and 4a&b. following services (for an extra 0 w • Print your aaWA and address on the reverse of this form so that we can fee): 4) return this cad to you. •r N • Attach this to the front of the mailpiecei+r on the back if space 1. El Addressee's Address y r. s does not perr44it. G • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date V c delivered. Consult postmaster for fee. 4; . 3. Article Addressed to: 4a. Article Number r ; Z 115 794 537 4b. Service Type E DoMinic Vernile ❑ Registered ❑ Insured 0 Sutton Pond Con .� [X Certified ❑ COD y 1 n Street, B _133 Return Receipt for n, LU ❑ Express Mail ❑ cc North Aiiclover,, MA 01845 Merchandise ' C 7. Date of Delivery D � Q 0 5. Signature (Addressee) 8. Addressee's Address (Only if requested X . and fee is paid) , t. LU 6. Signature (Agent) ~ 1 0 PS Form 3811, December 1991 *U.S.GPO:199s-352-714 DOMESTIC RETURN RECEIPT Town of North Andover NORT1y OFFICE OF F�Oy St`FD °1ti0 COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street , 9 e� North Andover, Massachusetts 01845 'A,TEO-PP`cy WILLIAM J. SCOTT 9SSAC„us�s Director ORDER LETTER i Dominic Vernile Sutton Pond Condos Certified# Z 115 794 537 148 Main Street, B-133 North Andover, MA 01845 RE: Sutton Pond, unit B-133 Dear. Mr. Vernile:;: The North Andover Board of Health has again been receiving complaints such as have been received at prior times about the stench coming from your apartment at Sutton Pond Condominiums. Under 105 CMR 410.602(B) of the State Sanitary Code it is the responsibility of the occupant of a dwelling to maintain it in a clean and sanitary condition. Under Massachusetts General Law Chapter 111, Section 123, it is your responsibility as owner of the unit referenced above to remove any nuisance or source of filth within such time as required by the Board of Health or forfeit not more than twenty dollars for every day during which the violation continues Therefore under M.G.L. 111 S. 123, you are hereby ordered to remove y v ve the cause of all odors emanating from unit B-133 within 48 hours of receipt of this order letter and to sanitize such areas as necessary to render the dwelling clean and sanitary. It -is recommended that a professional cleaning company, be contracted with do this work. If you fail to comply with this order, under M.G.L. 111, S. 125, the North Andover Board of Health may cause the nuisance to be removed and :all expenses incurred by this activity shall constitute a debt to the Town which may be recovered by a lien on your property. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 h If you have any questions, please do not hesitate to call the Health Department at the number below. Sincerely, Sandra Starr, R.S. Health Administrator Cc: Thomas Vernile Sutton Pond Condo Association Wm. Scott, Dir. CD&S BOH File 1 DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION•ATTORNEYS AT LAW Joseph A.Millimet Retired *Richard G.Asoian June 1.8, 2002 300 Brickstone Square Paul C.Remus Ninth Floor Andrew D.Dunn ZP.O.Mark E.Tully Box 39 d H.Barnes Andover,MA 01810 George R.Moore 'Susan V.Duprey Donald I-Gardner VIA CERTIFIED MAILTel:978-475-9100 Daniel J.Callaghan :' - *Frederick 1.Coolbroth # 7106 4575 1292 3169 0657 TOWN OF NORTH D04"?�r't/ *Steven Cohen BOARD OF HEALTH Fax:978=470.0618 *Aaron A.Gilman RETURN RECEIPT REQUESTED Robert C.Dewhirst *Richard E.Mills JUN O Manchester,NH Newton H.Kershaw,Jr. Mr. D. Robert Nicetta Concord NH 'Karen S.McGinley ' 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 *Debra Weiss Ford North Andover MA 01845 Peter G.Beeson � *Nicholas Forgione Eric G.Falkenham 'Robert W.Lavoie Charles T Giacopelli Camille Holton Di Croce Re: .14 8 Main Street,Building A,North Andover, MA Mark W.Dean "Mark J.Sampson !Jon B.Sparkman Anu R.Mullikin. Dear Mr. Nicetta: Ronald D.Ciotti Diane Murphy Quinlan This firm represents Gregory P. Smith and Linda M. VanDeVoorde, 'Melinda S.Gehris Alexander J.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 'Prick C.McHugh Amex). „„1ll1ex). *John P.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. Charles R.Powell,111 *Michael E.Kushnir This request for enforcement,relates to Sutton's obligation to replace •Kcvin G.Collimore 'Elaine M.Michaud and maintain sewer pumps on the property as required b Condition No. 9 c 'Daniel E.Will P p P p Y q Y ( ) Donna M.Daneke *Robert].Hundertmark . in a Special Permit dated November 17, 1992 and revised November 30, 1992 Eric Kane (Exhibit A). The sewer pumps serve Building A and are located on the Robert E.Dunn,Jr. *Pamela A.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 the needs of BuildingA. *Patricia M.McGrath Paul R.Kfoury,Jr. *Kenneth J.Rossetti Special Permit Condition No. 9(c) states: "The existing pumping James R.Fox Shana G.R.Fisher 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 •Renelle L.L'Huillier location.” Furthermore Sutton is required to repair, replace and maintain all *Kimberly A.Burke > > > •Robert T Ford utilities within its common areas. •William R.Bagley)r. *Pamela Morales 'Jameses 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 Jannette L.Mcwney 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 Counsel *Admitted in Massachusetts. (1304 M9266\A0024017.1) DEVINE, MILLIMET & BRANCH PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 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 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\59266W0024017.1) � 1 m x �: D �- I 936?S .220 P611e116 80180 •' t I. ( RC. . t 1 TOWN OF NORTH ANDOVER MASSACHUSETTS 1...:. DEC ZZ 4 25 N T Q'pj Any appeal shall be filed { within(20)days after the •�' !� •�....-.• rnnrtsaa�,rner.sipolres date of filing of this Notice In the Office of the Town Clerk NOTICE OF DECISION =0= V. MEP Date....Deeember'22: 1992 �`' v�r;'•t;:� � `2� ,�,, lSecembei'1;'1992 ^'"t��!•�:_: r .t December 1S .r°<<!t'.:Z' _.•o� Date of Hearing :•1992 — GZ?t:ilion yjf+9U Vic,, ected West �id��of�Lls/Hi�h�Stzset�• .•• •.•... Referring to the above petition for a special permit from the requirements ` of the North llndover�tonin��Dplav: Seetioa�11.-. Planned.Develo mens Dietriet is i 1�. .. ...... ......P............... . y so as to permit , the reissue of a Speelal Permit in t`' Fogsttpetion order to••c•o•mpl•e•t•e• t•h•e•... 18— pjf. the Osgood. Sil1Po)ect...... •+Z c CP - �t After apublic hearing given on the above date. the Planning Board voted - z 5e*:: CON'DITIOStALLY a to APPROVES .......the . SPECIAL PERMIT ........................................ based upon the following conditions: I. cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Signed .+; Assessors .�.. Police Chief Gtarge P*=j6•t +attauuL•...•... �. Fire Chief Applicant ,JAMPh.'IahoneY.......... it Engineer ••••••.. File lAha SADA=.................... r Interested Parties y: John Draper..................... Rath*rd.�L:•. JA t: fanning Board _ is - - .. . .. 221 ~f •XAM x1.raise+ Town of in main save.01W NORTH ANDOVER ON or WNSUNATM nAffl ra PLANNING&COhWUNITY DEVELOPMENT F1 December 22, 1992 Mr. Daniel Long, Town Clerk `' Town Office Building � . 120 Main Street North Andover, MA 01845' Re: Osgood Mill Planned Development .: District (PDD) Special Permit l!•� Dear Mr. Long: ;s} The North Andover Planning Board held a public hearing on Tuesday evening, December 1, 1992, at 8:00 p.m. in the Town Office Meeting Room, upon the application of URDAC, Inc. of Boston, MA., and subsequently continued the public hearing until December• 15 1992. he P g �:. T hearing was duly advertised in the Lawrence Eagle Tribune on November 16 and November 23, 1992. All f Parties of interest were properly notified. The following members were present at.the December 1, 1992 meeting: Joseph Mahoney, George Perna, .John Draper, John Simons and Richard •!" Rowan. `y The petitioner seeks a Special Permit under Section 11- Planned Development District of the North Andover Zoning Bylaw the "Zoning 8 ( g law"y ), governed by Section 10.31 Conditions for Approval of Special Permit. This section of the Zoning Bylaw ¢ permits a mixed use in an Industrial-S District by Special Permit. �: As indicated in a Notice of Decision dated September 3, 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit r • to allow the conversion of two ex *ng buildings, and construction of five new buildings, into 188 residential housing units and an office/restaurant facility ted on the Westside @ . of Elm Street and known as the Osgood Mill 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 +' • designated Commercial Area Revitalization District (CARD) and Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Mill Complex was completed, and a question has arisen whether the , Special Permit, as well as the associated site plan approval for ! the Osgood Mill Complex, are still in full force and effect. _ E � ^►'•"`.nLA—�.+.-a+.r ifs_. -•�iar:-- - f ..�_ �. i 4 doF LE H367b 2 Page 2 t Osgood Kill Complex The purpose of the present Special Permit application is t obtain a nev Special Permit, as well as definitive site pl, "'- approval, in order to co lete the nstructed Kill Complex. The new definitive sirtteplan yis set forth angot tl plan entitled "Site Layout(,) 'Sutton Pond Condominiums(',) Nor, Andover, Massaahusetta"; prepared by Henry Schadler Associates P.C.; scale: 1"-40'; dated November 13, 1992, revised Novemb, 30, 1992 (the "Plan"). �r The following members were present and voting at t) q December 15, 1992, meeting when the Board rendered the. decision: Joseph Mahoney, Georga Perna, John Draper, Jo; Simons, and Richard Roven. Upon a motion made by Mr. Mahoney and seconded by M Draper, the Board voted unanimously to close the public heari: and approve the petitioner's Special Permit application and P1, for a Planned Development District (P Complex. DD) for the Osgood Mi Attached are those conditions. Sincerely, NORTH ANDOVER PLANNING BOARD George D. Perna, Chairman s.. cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File is 'I ' BB367b Osgood Bill Project Special Permit, Planned Development District The Planning Board herein approves the Special Permit requested by ORDAC, Inc., submitted November 13, 1992. The Planning Board makes the following findings regarding this Special Permit for a Planned Development District (PDD) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. F A. The specific site is an appropriate location for such a use, structure or condition; .4. B. The use as developed will not adversely affect the neighborhood; C. There will be no nuisance or serious hazard to vehicles or pedestrians; ;j D. Adequate and appropriate facilities will be provided for the ;►' proper operation of the proposed use; E. The Planning Board finds that the use is in harmony with the ! general purpose and intent of this Bylaw. .�a The Planning Board also makes these findings under Section 11.4 of the North Andover Zoning Bylaw that this PDD -1 A. Does not detract from the livability and aesthetic 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. VF. Contains adequate parking facilities for each use and structure in the development. G. Is designed so that major facilities and functions are visually compatible with the natural and historical characteristics. R. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the Planning Board finds that the PDD complies with Town s--: _ZL. ' a. rs y B 83675 . 224 Bylaw requirements so long as the following additional condition are met: , 1. The required open spaces shall be conveyed to the Conservation Commission or to a non-profit conservation organisation, or to a corporation or trust representing ; 4f persons responsible for the PDD, and shall be protected by a ' ! conservation restriction as required by G.L. Chapter 40A, section 9, for common open space• in cluster developments.. The conveyance documents will be provided to the Planning Staff for review prior to the recording of the Special Permit. ?:! 2. The applicant shall comply with all North Andover Department tt of Public Works Rules and Regulations. F. I 3. Any action by another Town Board which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may subject this decision to modification by the.Planning Board. 4. The property owner shall -use the "proposed right'of way" as t ' shown on the Plans titled: Site Layout, Date Issued: Nov. 13, 1992, Revisions: Nov. 30, 1992, Prepared By: Henry .• ' Schadler Associates, 5 Waterville Rd, Farmington, CT 06032 (hereinafter "Plan") for ingress and egress to the site. The Property owner shall continue to use this right of way { ' as it may be modified over the Brickstone property, so- called, in the future to access directly the Sutton Street connector, once it is constructed. 5. All lighting within the site and the right of way shall be ' {, as shown on the Plan and shall be consistent with existing lighting on site. 6. All new signs shall be approved by the Town Planner and must have a sign permit as required by Section 6 of the Bylaw. ji �.y 7. The Planning Board approves, at a minimum, 281 parking spaces as shown *on the Plan: The Planning Board finds this number of spaces, although minimal, to be adetquate, for the ; project as approved. Twenty spaces will be designated and marked for visitor parking. The applicant must provide for handicapped spaces as required by applicable state and federal rules and regulations. „ . 8: The water installations must conform to 310 Clot 22:22 regarding cross-connections. Plans shoving proposed installation of back flow prevention devices at such cross- FY_ sections must be submitted to D.E.P. for review and approval. These installations must be approved by the :; : ;'. plumbing inspector. i B 11367 I9. The applicant shall adhere to the following requirements of 25 the Department of Public Works: a. The applicant will connect the new water main on the Osgood Mill •site to the recently installed water main J on the North Andover Mills property. All unmetered on site water mains to be used for domestic purposes are to be abandoned. b. The 'sewage pumping station and collection system should be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division of Public Works. A sewer connection permit must be produced from the Division of Water Pollution Control of the Massachusetts Department of Environmental Protection if necessary. 0I c. The existing pump 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. 10. The applicant shall adhere to'the following requirements of the Fire Department: i•,, a. The Fire Department must be contactedrior to the p installation of any underground tanks. b. Copies of the completion certificates for asbestos removal must be forwarded to the fire department. G. The automatic fire sprinkler systems is required to be }� finished. The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codes. i i. all the installations must be inspected and tested to see if the flows will be adequate. ii. the connection for the sprinkler systems } protecting the units and adjacent 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. 111. the sprinkler contractor shall review the entire sprinkler protection system with the : fire chief prior to the start of any work on q: 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 �3 ti i . P136715 7. .department and repaired by the property owners. i e• The automatic :e�� ' sprinkler system used to protect the storage area on the lover floors. must .be installed in accordance with applicable• fire safety codes at the `I. direction•of the fire department. - j; f• fire departs ent•. Connections . are required on r standpipe systems. These standpipes must be the .' in accordance with. the applicable fire safetyinstalled The fire'department will work in conjunction ithdthe andnthreadsoareactor installed anto thesed rtevices�per adapters g• The fire sprinkler system in the stone maintenance building must be maintained by the property owner. Any change in use of the building from maintenance to another use must be reviewed by the fire department. � • 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 Of the existing old mill. This fire alarm box and remote annunciator shall service all the fire alarm devices in the residential complex. The main fire alarm control panel for the complex shall be located in the stairwell adjacent to the fire alarm box. i• The fire alarm system components that have been installed must be inspected and tested. j• A fire alarmsystem must be installed with the following equipment: '} :, i• hard-wired smoke detectors in common' areas and hallways tied to the fire alarm central panel and zone indicator; each unit will have smoke detectors as required but: will be only for that unit and not connected to the central panel; a double action pull station shall be installed within 6 feet of every exterior door from c areas; ' ommon iv. an exterior indicator light shall be placed on the t corner of each section of the buildings (4 in total), visible from the courtyard toive fire apparatus the location of the problem as described on the existing plans. k• A water flow alarm for each .sprinkiar system shall be a installed. These alarms will not activate• the master z i 83675 ' 227 fire alarm box. The system protecting the storage arena shall have its flow switch connected to the main control panel and the activation of that flow switch will trip the Seater fire alarm box. ll. Prior to a Certificate of Occupancy being issued: a. Bonds, in the form of a Passbook or Tri-Party Agreement in an amount to be determined by the Planning Depaztment, shall be posted to ensure construction and/or completion Of the right Of way across the Brickstone Property as shown on the record plana. b. The applicant is to provide a final as-built when t construction is completed to be approved Department of Public Works and the Town l Planner. the 12• Prior to a Certificate of occupancy being issued for the last of the live (5) new buildings, the property owner must construct one additional elevator as shown on the building plans. 13. The applicant must comply with all Massachusetts State building codes and obtain all permits and approvals as required from the Building Department. 14. There shall be no burying or dumping Of construction i! material on the site. „. 15. The contractor shall contact Dig Safe at least 72 hours ' prior to commencing any excavation. ••" i 16. Gas, telephone, Cable and Electric Utilities shall be installed as specified by the respective utility companies. 17. Any plants, trees or shrubs that have been into ! the landscape plan approved in this decision thatethin ewithin one year from the time of planting shall be replaced wi the applicant. IS. Any demolition Of structures and clearing of material shall I r be as shown on the Plan. r 19. The Main Street access to the property shall be aone way 1 only ingress. The access to the property from High Street shall be both an egress and ingress across the right of way as described on the Plan and as referenced in Condition i 4. 20. The one-way access from Hain street to the property is to be maintained by the owner. . 21. Any change .in use of the stone maintananco building from maintenance to another use is subject to the review of the Planning Board. ! i 1 i i .I } f I .' 228 • 22. The construction Of the- interior of the building shal under the supervision of the Buill ba ding Inspector. i 23• All construction shall commence within two 2 rurthe date of this approval and shall be completedwithin !ive nr years f (5) years from the date of this approval. Completion to be December 22, 1997. +` ,=24. The provisions of this conditional approval shal ' and be..bindnq upon the applicant, itsl apply to . amploysand all :.� ;successors and assigns in interest or control. 25. The following plans shall be considered as part of this r decision: Plans Entitled: Osgood Mill North Andover, MA Prepared by: Scala: Anderson-Nichols, Boston, MA ' . 1/g■ 11-0" Dated: April 6, 1987 ' Sheets Cl-C8 - Civil Sheets D1-Dlo - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets Pl-P6 - Plumbing Sheets Ml-M7 - Mechanical Dated: 3/17/87 Revised: 4/1/87 Sheets E1-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, MA i _ Prepared by: Matarazzo Design 9 Hills Avenue Scale: Concord, N.H. 03301 1 30 Dated: August 3, 1987 Sheets: 1 - 5 Dated: November 11, 19e7 Sheets: 1 - 2 Revised by the following plans: ' 1 Plans Entitled: site Layout Sutton Condominiu'as North Andover, MA Prepared by: Henry Schidlar Associates, P.C. 5 Waterville Road Farmington, CT 06032 Dated: November 13, 1992, Revised: November 30, 1992 i „ B9367S 229 Scale: 1" • 40' As-Built Site Development Plan Prepared for RECOLL Management Corporation r Scale: 1" s01 .r Dated: August 1992 w IF • Plans Entitled: ' Planting Plan • Sutton Pond .Condoainiums V . North Andover, NA F.- 1 Prepared by: Henry Schadler ! F" Dated: Revised: .November 13, 1992 Scale: November 30, 1992 1 • 401 , cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief i Fire Chief Applicant ;r`r Engineer rile '; A:, 1 OSCOOD.D - 1 1 A a dt 1 j R w I 1 a i : 111 B93675 1 . o ,tN - TOWN OF NORTH ANDOVER MASSACHUSETTS GEC ZZ 4 25 Fu�9� �►, ` Any appeal shall be filed ".- -l; within(20)days after the •;:,.--�;, MIX In date of filing of this Notice ''"� '` +MI X in the Office of the Town Clerk. NOTICE OF DECISION 11e�trt Date...,Dec�a+ber 22 '�ecembet'1"i992 s � 1992 .o ` Date of Hearing December•15, 1992 '— ........ .. ... .01• �2y' L:iiion'pfJ.QU AC..,Inc...................................... ............ s Veat�side of Elm/Hi h Street - ,� es'•�' ected .. .............f.................................. Referring to the above petition for a special permit from the requirements of the North.Andover2onin�.BYlavSection•11 - Planned Development District : :•. P! ...... ............•...... •......••.....• �I ..2: so as to permit , the reissue of•a Special Permit in order• to complete they .... :' construction•of.the Osgood ?fill.Project:• h � O +' After a public hearing given on the above date, the Planning Board voted m CONDITIONALLY Q � at PERMIT PE to APPROVES........the ..SPECIAL........ ................... ra based upon the following conditions: cc: Director of Public Works Building.Inspector - Conservation Administrator Health Agent_ Signed Assessors Police Chief ��,�u `► Fire Chief " Applicant JA+eph:Sahoney ................. Engineer File ahs S.imons..................... = - Interested Parties 1ltitsa D A;Wr .................... R�Fr�rti. Plagavne. ... _ • ning'Board'.... - i .,z a 1� ii� ` 1 221 .KAREN H.P.NELSON Town of 120 Main SUveC 01845 NORTH.ANDOVER (50e�682.6483 Ram. NORTH,: BUILDING �_', CONSERVATION aye''p ` RANNING PLANNING&COMMUNITY DEVELOPMENT 4 December 22, 1992 Mr. Daniel Long, Town Clark S, Town Office Building 120 Main Street ` North Andover, MA 01845' Re: Osgood Mill Planned Development District (PDD) Special Permit !-y Dear Mr. Long: The North Andover Planning Board held a public hearing on ;• Tuesday evening, December 1, 1992, at 8:00 p.m. in the Town Office Meeting Room, upon the application of URDAC, Inc. of Boston, MA., and subsequently continued the public hearing until December.. 15, 1992. The hearing was duly advertised in the yl Lawrence Eagle Tribune on November 16 and November 23, 1992. All parties of interest were properly notified. The following members were present At. the December 1, 1992 meeting: Joseph ye Mahoney, George Perna, .John Draper, John Simons and Richard Rowan. The petitioner seeks a Special Permit under Section 11- Planned Development District of the North Andover Zoning Bylaw '!+ (the "Zoning Bylaw"), governed by Section 10.31 Conditions for ;2 Approval of special Permit. This section of the Zoning Bylaw {" permits a mixed use in an Industrial-S District by Special Permit. As indicated in a Notice of Decision dated September 3, 1985, recorded with the Essex North District Registry of Deeds at Book 2111„ Page 167, the Planning Board issued a Special Permit �r • to allow the conversion of two ex' ng buildings, and constructioa of five new buildings, into 288 residential housing ; units and an office/restaurant facility ted on the Westside )) of Elm Street and known as the Osgood Mill 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 District (CARD) and E.'!• Historic District. Construction authorized under the above referenced Special permit was discontinued before the Osgood Mill ) Complex was completed, and a question has arisen whether the Special Permit, as well as the associated site plan approval for #� the Osgood Mill Complex, are still in full force and affect. £ 1 E li r _- B $3675 . 222 Page 2: Osgood Kill Complex The purpose of the present Special Permit application is t obtain a nev Special Permit, as vsll as definitive site pla approval, in order to complete the partially constructed Osgoo Kill Complex. Ths now definitive site plan is set forth on th plan entitled "Site Layout(,) 'Sutton Pond Condominiums(',] Nort Andover, Massachusetts"; prepared by Henry Schadler Associates P.C.; scale: 1"-401; dated November 13, 1992, revised Novembe 30, 1992 (the "Plan"). The following members were present and voting at th December 15, 1992, meeting when the Board rendered thei decision:. Joseph Mahoney, George Perna, John Draper, Joh Simons, and Richard Rowan. Upon a motion made by Mr. Mahoney and seconded by Mr Draper, the Board voted unanimously to close the public hearin and approve the petitioner's Special Permit application and Pla for a Planned Development District (PDD) for the Osgood Mil Complex. Attached are those conditions. r Sincerely, NORTH ANDOVER PLANNING BOARD George D. Perna, Chairman r[J cc: Director of Public Works Building Inspector Conservation Administrator Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File . is i• • t � - - __.�.� _. _� �_ _.-.�.�j,I•- y�P.n �ir.i.L�.Yf.�i�i�ia'w.:..tea-ru+��'�:.c�'�X-L B 675 A _ 223 Osgood Mill Project Special Permit, Planned Development District The Planning Board herein approves the Special Permit requested by URDAC, Inc., submitted November 13, 1992. The Planning Board makes the following findings' regarding this Special Permit for a ' Planned Development District (PDD) as required by Sections 10.3 and 10.31 of the North Andover Zoning Bylaw. + A. The specific site is an appropriate location for such a use, "y structure or condition; -3 r ;•� B. The use as developed will not adversely affect the ' neighborhood; C. There will be no nuisance or serious hazard to vehicles or 'ice • pedestrians; 7 D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; E. The Planning Board finds that the use is in harmony with the i general purpose and intent of this Bylaw. The Planning Board also makes these findings under Section 11.4 ' of the North Andover Zoning Bylaw that this PDD A. Does not detract from the livability and aesthetic 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. Y G. Is designed so that major facilities and functions are j visually compatible with the natural and historical characteristics. H. Will not adversely affect the natural environment to the detriment of community character and public health and safety. Finally, the Planning Board finds that the PDD complies with Town A i f� H367S _ ., ,224 - .. Bylav requirements so long as-the following additional condition are net: 1. The required open. spaces shall be conveyed to the Conservation Commission or to a non-profit conservation - organization, or to a corporation or trust representing «� persons responsible for the PDD, and shall be protected by a �= conservation restriction as required by G.L. Chapter 40A, Section 9, for common open space, in cluster developments.. The conveyance documents will be provided to, the Planning Staff for review prior to the recording of the Special Permit. i 2. The applicant shall comply with all North Andover Department t of Public Works Rules and Regulations. F 3. Any action by another Town Board which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may subject this decision to modification by the•Planning Board. 4. The property owner shall use the "proposed right of way" as t shown on the Plans titled: Site Layout, Date Issued: Nov, C 13, 1992, Revisions: Nov. 30, 1992, Prepared By: Henry S' Schadler Associates, 5 Waterville Rd, Farmington, CT 06032 I, (hereinafter "Plan") for ingress and egress to the site. (- s The Property owner shall continue to use this right of way as it may be modified over the Brickstone property, so- called, in the future to access directly the Sutton Street connector, once it is constructed. 5. All lighting within the site and the right of way shall be as shown on the Plan and shall be consistent with existing �. lighting on site. ; 'r 6. All new signs shall be approved by the Town Planner and must have a sign permit as required by Section 6 of the Bylaw. } 7. The Planning Board approves, at a minimum, 281 parking t spaces as shown 'onthe Plan: The Planning Board finds this a,F number of spaces, although minimal, to be adequate, for the project as approved. Twenty spaces will be designated and ? - marked for visitor parking. The applicant must provide for ' handicapped spaces as required by applicable state and + .r r?, federal rules and regulations. 8: The water installations must conform to 310 CMR 22:22 regarding cross-connections. Plans showing proposed f, installation of back flow prevention devices at such Cross- sections must be submitted to D.E.P. for review and �r approval. These installations must be approved by the r plumbing inspector. '. x:• • j� i5 .r-=. fir;�a'n-� .. ---'•--•+��..r---. i B93675 225 9. The applicant shall adhere to the following requirements of is the Department of Public Works: a. The applicant will connect the new water main on thetk Osgood Mill •site to the recently installed water main a. on the Horth Andover Mills property. All unmetered on 'q kik site water mains to be used for domestic purposes are to be abandoned. b. The.-sewage pumping station and collection system should be inspected and tested to determine conformity to the appropriate regulations and specifications of the Division of Public works. A sewer connection permit must be produced from the Division of Water Pollution I Control of the Massachusetts Department of Environmental Protection if necessary. fix, C. The existingadjacent to the office pump P station ad j building will be demolished. The applicant will install 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: ; ;. a. The Fire Department must be contacted prior to the installation of any underground tanks. ':11= b. Copies of the completion certificates for asbestos (f� . removal must be forwarded to the lire department. "! a. The automatic fire sprinkler systems is required to be finished. The Fire Department will work with the sprinkler contractor to modify existing but partially built system to comply with applicable fire safety codas. i. all the installations must be inspected and G tested to see if the flows will be adequate. S i ii. the connection for the sprinkler systems protecting the units and adjacent -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. ` the sprinkler contractor shall review the . entire sprinkler protection system with the ALL, fire chief prior to the start of any work on any existing or new systems. d. The dry lire hydrant is to be maintained by the ; property owners. 2t' must be tested by the fire is --- .... .. ........ -- i t .8113675 . i 226 department and repaired by the property owners. •• The automatic sprinkler system used to storage area on the lower floors. must 'ba .ins tact the g accordance with applicable. lire safety tailed in direction•of the lira department. Y codas at the s;.f i - 4 =• lire department.. connections . are re standpipe systems. These star i es must abedon the in accordance with. the applicable lire safetyinstalled The lire department will work in ccf ire codes. standpipe contractor to n with the insure that thepro and threads are installed on these devices.per adapters 4• The fire sprinkler system in the stone maintenance building must be maintained by the property owner. any . change in use of the building from maintenance to another use must be reviewed by the fire department. � . h• the existing fire alarm box, located on the must be removed. A new fire ' alarm box andlremote annunciator shell was installed-at the far right corner Of the existing old mill. This fire alarm box and remote annunciator shall service all the fire alarm devices in the residential complex. The main fire alar control panel for the complex shall be located in them stairwell adjacent to the fire alarm box. !i i• The fire alarm system components that have been i installed must be inspected and tested. j. A fire alarm system must be installed with the following equipment: i I hard-wired smoke detectors in common' areas and hallways tied to the fire alarm central zone indicator; panel and each unit will have smoke detectors as required "`. but will be only for that unit and not connected to the central panel; a double action within 6 feet of eve station shall be installed areas; ' every exterior door from common iv. an exterior indicator light shall be placed on the corner of each section of the buildings (4 in total), visible from the courtyard to give fire apparatus thelocation of the problem as described on the existing plans. k. A water flow alarm for each ,spzinkler system shall be installed. These alarms will not activate• the master .i t I • ..y i J I�� •Sy 41 B 8 3 6.7 5 2=277 I - Lire alarm box. The system Protectingthe store e areas Shall have its flow switch conneted to the amain Control panel and the activation of that flow switch will trip the master fire alarm box. 11. Prior to a Certificate of Occupancy being issued: t a. Bonds, in the form of a Passbook or Tri-Party Agreement in an amount to be determined by the Planning Department, shall be posted to insure 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 +A construction is completed - to be approved by the Department of Public Works and the Town Planner. 12. Prior to a Certificate of occupancy being issuedefor �I`�• +' the last of the Live (5) new buildings, a {9 owner must construct one additional elevator rosn f `e on the building plans. show 13. The applicant must comply with all Massachusetts State h .T building codes and obtain all permits and approvals as required from the Building Department. 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 prior to commencing any excavation. i II 16. Gas, telephone, Cable and Electric Utilities shall be Ijl installed as specified by the respective utility companies. 17. Any plants, trees or shrubs that have been incorporated into the landscape plan approved in this decision that die within one year from the time of planting shall be replaced by the R: applicant. 18. Any demolition of structures and clearing of material shall be as shown on the Plan. I. r 19. The Main Street access to the only ingress. The access to therope property shall be a one way shall be both an egress and ingresa os the igfrom ht of Street as described on the Plan and as referenced in Condition ;f a4 20. The one-way access from Main Street to the pro Maintained b property is to be • Y the owner. �. 21. Any change in use of the stone maintenance building from t maintenance to another use is subject to the review of the Planning Board. i - i • i i j r i; k i •' 228 • 22. The construction of the interior of the building shall be under the supervision of the Building Inspector. 23• All construction shall commence within two 2 the date of this approval and shall be completed with n fears ive nr (5) years from the' date of this approval. Completion to be iDecember 22, 1997. 2�. 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• Plana Entitled: Osgood Mill North Andover, MA. Prepared by: Anderson-Nichols, Boston, MA Scale: .1/8" Dated: April 6, 1987 � • Sheets C1-C8 - Civil Sheets D1-DlO - Demolotion Sheets AO-A23 - Architectural Sheets S1-S9 - Structural Sheets Pl-P6 - Plumbing Sheets M1-M7 - Mechanical �. Dated: 3/17/81 Revised: 4/1/87 Sheets El-E12 - Electrical Plans Entitled: The Osgood Mill, North Andover, MA r _ Prepared by: Matarazzo Design 9 Hills Avenue Scale: ConcordN .H. 03301 ; ` Dated: 1 3011 + . Sheets: August 3, 1987 ' 1 - 5 Dated: November 11, 1987 Sheets: 1 - 2 - " Revised by the following i S'. g Plana: !!; � Plans Entitled: Site Layout f r Sutton Condcminitjw North Andover, MA Prepared by: Henry Schadler Associates, P.C. 5 Waterville Road Farmington, CT 06032 {� Dated: November 13, 1992, ` Revised: November 30, 1992 • e i • i . _ I 1 1 BK3675 229 Scale: 1" 40' , As-Built Site Development Plane p Prepared for RECOLL Management Corporation I' Scale: 1" 101 ? h' Dated: August 1992 Plans Entitled: Planting Plan Sutton Pond .Condominiums ��14 North Andover, MA I; t: Prepared by: Henry Schadler Revised; .November 13, 1992 li}GGG6c November 30, 1992 Scale: r. 1 � LO cc: Director of Public Works Building Inspector i.. i. Conservation Administrator I ?` ., Health Agent Assessors Police Chief e Fire Chief Applicant a - _ Engineer File ' OSGOOD.D • - i i y i 1 1,. 'i • t, - 7 !f c ' t